[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-20-2003 by Ord. No. 03-04]
Pursuant to Section 1601(d) [53 P.S. § 66601(d)] of the Second Class Township Code, the codification of the land use legislation for the Township of East Brandywine, County of Chester, Commonwealth of Pennsylvania, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters 325 through 399, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the Township of East Brandywine, which shall be known and is hereby designated as the "Land Use Code of the Township of East Brandywine," hereinafter referred to as the "Land Use Code." As used in this ordinance, the term "land use legislation" shall refer to those ordinances regulating the following subjects: Mobile Home Parks; Subdivision and Land Development (commonly referred to as "SALDO"); and Zoning.
The provisions of this Land Use Code, insofar as they are substantively the same as those of land use ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such land use ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior land use ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Board of Supervisors of the Township of East Brandywine, and it is the intention of said Board of Supervisors that each such provision contained within the Land Use Code is hereby reenacted and reaffirmed as it appears in said Land Use Code. Only such provisions of former land use ordinances as are omitted from this Land Use Code shall be deemed repealed or abrogated by the provisions of § 300-3 below, and only new or changed provisions, as described in § 300-6 below, shall be deemed to be enacted from the effective date of this Land Use Code, as provided in § 300-15 below.
All ordinances or parts of ordinances of a general and permanent nature which specifically regulate Mobile Homes Parks, Subdivision and Land Development, and Zoning and which were adopted by the Township of East Brandywine and in force on the date of the adoption of this Land Use Code and not contained in the Land Use Code are hereby repealed as of the effective date given in § 300-15 below, except as hereinafter provided.
The adoption of this Land Use Code and the repeal of land use ordinances provided for in § 300-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to § 300-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A.
Any ordinance adopted subsequent to 3-20-2003.
B.
Any right or liability established, accrued or incurred under any
legislative provision of the Township prior to the effective date
of this ordinance or any action or proceeding brought for the enforcement
of such right or liability or any cause of action acquired or existing.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision of the Township
or any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance,
brought pursuant to any legislative provision of the Township.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred by the Township or any lawful contract, obligation or
agreement.
F.
Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Township or other instruments or evidence
of the Township's indebtedness.
G.
Any ordinance adopting an annual budget or establishing an annual
tax rate.
H.
Any ordinance providing for the levy, imposition or collection of
special taxes, assessments or charges.
I.
Any ordinance authorizing the purchase, sale, lease or transfer of
property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J.
Any ordinance annexing land to the Township.
K.
Any ordinance providing for or requiring the construction or reconstruction
or opening of sidewalks, curbs and gutters.
L.
Any ordinance or part of an ordinance providing for laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place
or property or designating various streets as public highways.
M.
Any ordinance establishing water, sewer or other special purpose
districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a
system of sewers or water supply lines.
N.
Any ordinance providing for the making of public improvements.
O.
Any ordinance providing for the salaries and compensation of officers
and employees of the Township or setting the bond of any officer or
employee.
P.
Any ordinance concerning changes and amendments to the Zoning Map.
Q.
Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
R.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Township.
S.
Any ordinance of the Township regulating any subject matter except
Mobile Home Parks; Subdivision and Land Development; and Zoning.
All land use ordinances of a general and permanent nature adopted subsequent to the date given in § 300-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Land Use Code and shall, upon being printed, be included therein. Attested copies of all such land use ordinances shall be temporarily placed in the Land Use Code until printed supplements are included.
A.
Nonsubstantive grammatical changes. In compiling and preparing the
land use ordinances of the Township for adoption and revision as part
of the Land Use Code, certain nonsubstantive grammatical and style
changes were made in one or more of said ordinances. It is the intention
of the Board of Supervisors that all such changes be adopted as part
of the Land Use Code as if the ordinances so changed had been previously
formally amended to read as such.
B.
Substantive changes and revisions. In addition to the changes and revisions described above, changes and revisions of a substantive nature, as set forth in Schedule A attached hereto and made a part hereof, are hereby made to various ordinances included in the Land Use Code. These changes are enacted to bring provisions into conformity with the desired policies of the Board of Supervisors, and it is the intent of the Board of Supervisors that all such changes be adopted as part of the Land Use Code as if the legislation so changed had previously formally amended to read as such. All such changes and revisions shall be deemed to be in effect as of the effective date of the Land Use Code specified in § 300-15.
C.
Nomenclature. Throughout the Land Use Code, the following titles
have been revised as follows:
(1)
References to "Justice of the Peace" or "District Magistrate" have
been revised to read "District Justice."
(2)
References to "Department of Environmental Resources" have been revised
to read "Department of Environmental Protection."
(3)
References to "Department of Community Affairs" have been revised
to read "Department of Community and Economic Development."
(4)
References to "Chester County Soil and Water Conservation District"
have been revised to read "Chester County Conservation District."
In interpreting and applying the provisions of the Land Use
Code, they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where the provisions of the Land Use Code impose greater restrictions
or requirements than those of any statute, other ordinance, resolution
or regulation, the provisions of the Land Use Code shall control.
Where the provisions of any statute, other ordinance, resolution or
regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A.
Chapter and article titles, headings and titles of sections and other
divisions in the Land Use Code or in supplements made to the Land
Use Code are inserted in the Land Use Code and may be inserted in
supplements to the Land Use Code for the convenience of persons using
the Land Use Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information
or referring to the statutes or to other parts of the Land Use Code
are inserted in the Land Use Code and may be inserted in supplements
to the Land Use Code for the convenience of persons using the Land
Use Code and are not part of the legislation.
Three copies of the Land Use Code in a post-bound volume shall
be filed with the Ordinance Book in the office of the Township Secretary
and shall remain there for use and examination by the public. Upon
adoption, such copies shall be certified to by the Township Secretary,
as provided by law, and such certified copies shall remain on file
in the office of the Township Secretary, available to persons desiring
to examine the same during all times while said Land Use Code is in
effect.
Any and all additions, deletions, amendments or supplements
to the Land Use Code, when passed and adopted in such form as to indicate
the intention of the Board of Supervisors to be a part thereof, shall
be deemed to be incorporated into such Land Use Code so that reference
to the Land Use Code shall be understood and intended to include such
changes. Whenever such additions, deletions, amendments or supplements
to the Land Use Code shall be adopted, they shall thereafter be printed
and, as provided hereunder, inserted in the post-bound book containing
said Land Use Code as amendments and supplements thereto.
It shall be the duty of the Township Secretary or someone authorized
and directed by him or her to keep up-to-date the certified copies
of the book containing the Land Use Code required to be filed in the
office of the Township Secretary for the use of the public. All changes
in said Land Use Code and all legislation adopted by the Board of
Supervisors subsequent to the effective date of this codification
which the Board of Supervisors shall adopt specifically as part of
the Land Use Code shall, when finally adopted, be included therein
by reference until such changes or new legislation are printed as
supplements to said Land Use Code books, at which time such supplements
shall be inserted therein.
The Township Secretary, pursuant to law, shall cause to be published
in the manner required a notice of the introduction of the Land Use
Code in a newspaper of general circulation in the Township. The enactment
and application of this ordinance, coupled with the publication of
the notice of introduction, the availability of copies of the Land
Use Code for inspection by the public and the filing of an attested
copy of this ordinance with the county, as required by law, shall
be deemed, held and considered to be due and legal publication of
all provisions of the Land Use Code for all purposes.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, or to alter or tamper with the Land Use
Code or any part or portion thereof, in any manner whatsoever, which
will cause the law of the Township to be misrepresented thereby. Any
person who violates or permits a violation of this section of this
ordinance, upon being found liable therefor in a civil enforcement
proceeding, shall pay a fine of not more than $600, plus all court
costs, including reasonable attorney's fees, incurred by the Township
in the enforcement of this chapter. No judgment shall be imposed until
the date of the determination of the violation by the District Justice
and/or Court. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
The provisions of this ordinance and of the Land Use Code adopted
hereby are severable, and if any clause, sentence, subsection, section,
article, chapter or part thereof shall be adjudged by any court of
competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation and application
to the clause, sentence, subsection, section, article, chapter or
part thereof rendered illegal, invalid or unconstitutional. It is
hereby declared to be the intent of the Board of Supervisors that
this ordinance and the Land Use Code would have been adopted if such
illegal, invalid or unconstitutional clause, sentence, subsection,
section, article, chapter or part thereof had not been included therein.
All provisions of this ordinance and of the Land Use Code shall
be in force and effect on and after August 20, 2003.
[Adopted 7-7-2016 by Ord.
No. 06-2016]
For the purposes of any chapter or section of Part III, Land
Use Legislation, of the Code of the Township of East Brandywine, certain
terms and words used herein shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
C.
The word "person" includes an individual, partnership, public or
private association or corporation, firm, trust, estate, the Township,
a governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
used in any section prescribing or imposing a penalty, the term "person"
shall include the members of a partnership, the officers, members,
servants and agents of an association, officers, agents and servants
of a corporation, and the officers of the Township.
D.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
E.
The words "used" or "occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied, or maintained."
F.
The definitions in this chapter are for the purposes of enforcing
the provisions of Part III, Land Use Legislation, of the Code of the
Township of East Brandywine, and have no bearing on other municipal
regulations or ordinances.
[Amended 9-20-2017 by Ord. No. 03-2017]
As used in any chapter or section of Part III, Land Use Legislation, of the Code of the Township of East Brandywine, the following terms shall have the meanings as indicated below. For specific definitions regarding floodplain management or the Flood Hazard District, see § 300-18, Flood Hazard District definitions.
An intentional and absolute relinquishment and cessation
of a use with no intention to resume such use.
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.
A self-contained dwelling unit, resulting from the conversion
of an existing single-family detached dwelling into two units, or
the creation of a dwelling unit within an accessory structure, which
is complete with kitchen and bath facilities, has direct access to
the outdoors or to a hall from which there is direct access to the
outdoors, and is physically subordinate to the primary dwelling unit
that exists on the property.
[Amended 11-29-2018 by Ord. No. 06-2018]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
An accessory structure shall not be permitted to become an additional
principal structure on the lot.
The Stormwater Management Act of 1978 (Act of Oct. 4, 1978,
P.L. 864, No. 167), 32 P.S. § 680.1 et seq., as amended.
The Pennsylvania Municipalities Planning Code of December
21, 1988, 53 P.S. § 10101 et seq., as amended from time
to time.
The Pennsylvania Municipalities Planning Code of July 31,
1968, 53 P.S. § 10101 et seq., as amended from time to time.
A community comprised of any combination of permitted residential
dwelling types that qualifies as housing for older persons pursuant
to the Fair Housing Act, 42 U.S.C. § 3601 et seq., or subsequent
amendments thereto.
[Added 6-21-2018 by Ord.
No. 01-2018]
Activities associated with agriculture, as defined in this
chapter, such as agricultural cultivation, agricultural operation,
and animal-heavy use areas. This includes the work of producing crops,
including tillage, plowing, disking, harrowing, planting, or harvesting
crops; pasturing and raising of livestock; and installation of conservation
measures. Construction of new buildings or impervious area is not
considered an agricultural activity.
The cultivation of the soil, the raising and harvesting of
the products of the soil, and the keeping, breeding, and management
of livestock for use on the property or raised for sale and profit.
See "street; service street (alley)."
A modification to the exterior of a building or structure,
including rearrangement, renovation, or enlargement, that results
in changes to the facade and/or to structural or supporting parts.
The securing of a mobile home to its foundation, in accordance
with applicable requirements of the Township Building Code or any
successor ordinance or code.
One thousand pounds live weight of livestock or other animals,
regardless of the actual number of individual animals comprising the
unit.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An "antenna" may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An "antenna" shall not include tower-based
wireless communications facilities as defined herein.
See "dwelling; dwelling unit."
A landowner, developer, or other person, including his/her
heirs, successors, and assigns, who has filed an application to the
Township for approval to engage in any activity regulated under the
terms of the Land Use Code of East Brandywine.
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,
and for the approval of a subdivision plan, for the approval of a
land development plan.
See "as-built plans (drawings)."
Engineering or site plans or drawings that document the actual locations, dimensions, and elevations of the improvements, and building components, and changes made to the original design plans. The final versions of these documents, or a copy of same, are signed and sealed by a qualified licensed professional and submitted to the municipality at the completion of the project, as per the requirements of § 345-502, as "final as-built plans."
[Amended 11-3-2022 by Ord. No. 04-2022]
A facility licensed or not as such by the Commonwealth of
Pennsylvania operated by a full-time staff in which supervised around-the-clock
services are provided for a period exceeding 24 hours, for three or
more individuals who require only intermittent care to maintain the
basic needs of daily living in the areas of hygiene, cooking, cleaning,
eating, nutrition, ambulatory care, recreation, community activities
and mobility, general safety, and similar activities of everyday living.
Buildings and land, the principal use of which is the retail
dispensing or sale of vehicular fuels and including, as permissible
accessory uses, the sale of related automotive products and parts,
the servicing of vehicles, and the leasing of vehicles. No temporary
or seasonal sales shall be conducted outside a building.
The channel at the top-of-bank or point from where water
begins to overflow onto a floodplain.
The cross-sectional area of all stems of a species or all
stems in a stand, measured at breast height (4.5 feet above the ground)
and expressed on a per-acre basis.
Portion of stream discharge derived from groundwater; the
sustained discharge that does not result from direct runoff or from
water diversions, reservoir releases, piped discharges, or other human
activities.
An enclosed area partly or completely below grade. It shall be considered a building story if more than 33.3% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area. For purposes of compliance with Chapter 399, § 399-13, Floodplain District, any area of the building having its floor below ground level on all sides.
A single-family dwelling containing guest rooms available
for short-term overnight rental and providing breakfast service to
overnight guests.
A practice whereby planted open space (possibly with soil
enhancements) is utilized as a stormwater management technique for
holding, infiltrating, evaporating, and transpiring water.
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 other park
or recreation area; or any combination of the above.
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater recharge, and to otherwise meet the purposes of Chapter 345. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." For Chapter 345, the following should be applied: Nonstructural BMPs or measures include certain low-impact development and conservation design practices used to minimize the contact of pollutants with stormwater runoff. These practices aim to limit the total volume of stormwater runoff and manage stormwater at its source by techniques such as protecting natural systems and incorporating existing landscape features. Nonstructural BMPs include, but are not limited to, the protection of sensitive and special value features such as wetlands and riparian areas, the preservation of open space while clustering and concentrating development, the reduction of impervious cover, and the disconnection of rooftops from storm sewers. Structural BMPs are those that consist of a physical system that is designed and engineered to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, bioretention, wet ponds, permeable paving, grassed swales, riparian buffers, sand filters, detention basins, and manufactured devices. Structural and nonstructural stormwater BMPs are permanent appurtenances to the site. [See also "stormwater management facility" and "stormwater control measure" (SCM).]
[Amended 11-3-2022 by Ord. No. 04-2022[1]]
The Board of Supervisors of East Brandywine Township.
A strip of required yard 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.
See "riparian buffer."
The line which defines the placement of the building from
the street on which the building fronts, also recited as the minimum
front yard. The build-to line of the building forms the street wall
line. On a corner lot, the build-to line is located on each side of
a lot abutting a street. A build-to line may have a recess or projection
up to four feet in order to promote variations of building placement
on a block.
Any structure which is erected on the ground, 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. A combination of materials used
to form a permanent structure having walls and a roof. Any mobile
home, manufactured home, or similar structure constructed off site
prior to placement on the ground also is a building.
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 permit required for new construction and additions pursuant to Article XVIII of Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom.
An established line within a property defining the minimum required distance between any principal building and the adjacent right-of-way line of the street on which it fronts, to provide the front yard specified by Chapter 399.
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 measurement of the diameter of newly installed trees. The
diameter of a tree is measured at a point six inches above the ground
line if the resulting measurement is no more than four inches. If
the resulting measurement is more than four inches, the measurement
is made at a point 12 inches above the ground line. (See also the
definition of "diameter at breast height.")
See "karst."
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
An historic district which has been delineated by East Brandywine
Township and certified for historical significance by the Pennsylvania
Historical and Museum Commission in accordance with PA Act 167.
A building, site, structure, or object listed in the National
Register of Historic Places or located within a National Register
historic district and certified by the Secretary of the Interior as
being of historical significance to the district.
Cubic feet per second.
Any use which increases p.m. peak hour trips generated by
an approved development. A change of use request will require a reassessment
of impact fees.
A natural or artificial open drainage feature that conveys,
continuously or periodically, flowing water and through which stormwater
flows. Channels include, but shall not be limited to, natural and
man-made drainageways, swales, streams, ditches, canals, and pipes
flowing partly full.
The official list (DEP Form 3640FM-WQ0353 Rev. 10/95) to
be contained in the sewage facilities planning module submission.
The checklist, when signed and dated, becomes the official confirmation
that the requirements of § 71.53(d)[2] have been met and that the municipality has completed
its review within the allotted review period.
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 centerlines.
The felling of all trees on a tract of land, or any portion
thereof, at one time. Clear-cutting shall be deemed to occur when
a lot has been cleared to a basal area of less than 30 feet per acre.
A tract or tracts of land, controlled by one applicant, to
be developed as a single entity for residential purposes, in which
the otherwise applicable minimum lot size for the zoning district
is reduced in exchange for the retention and permanent protection
of common open space.
Curve number.
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
A nonresidential principal use of a property, including but
not limited to retail sales; convenience store; personal services;
restaurant; sales, service, and/or repair of equipment and vehicles;
and uses deemed by the Township to be similar in character. Commercial
use shall not include office, industrial, institutional or nonprofit
uses.
[Added 11-29-2018 by Ord.
No. 06-2018]
The use of naturally occurring water when 5,000 gallons or
more of such water is used on site per day; or 5,000 gallons or more
of such water is transported for use off site. "Naturally occurring
water" shall mean any and all water above and below the ground surface.
See "open space, common."
Commonwealth of Pennsylvania.
A building and related amenities within a uniform planned
community or residential condominium community that provides a central
location for information sharing, socializing, recreation, and conducting
meetings by residents of the community.
[Added 6-21-2018 by Ord.
No. 01-2018]
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A system of interlinking trails throughout the Township,
designated for transportation and recreation purposes, as delineated
on the East Brandywine Township Official Map or Parks, Recreation
and Trails Map, including subsequent additions or amendments thereto.
[Amended 11-29-2018 by Ord. No. 06-2018]
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980; an undivided interest in a portion
of a parcel, together with a separate interest in a space within a
structure.
Sensitive natural features that perform important environmental functions within the landscape and which, when located on a site proposed for development, should remain undisturbed and protected under the terms of Chapter 399, Chapter 350, and other applicable regulations. Such features, as defined by this chapter and displayed on the East Brandywine Township Primary Conservation Areas Map, shall include:
Any area overlaid by the Steep Slope Conservation District, as contained in Chapter 399;
Any area overlaid by the Floodplain District, as contained in Chapter 399;
Any area designated as wetland;
Any area of water hazard soil;
Any area overlaid by the Riparian Corridor Conservation District, as contained in Chapter 399.
Natural and man-made features important to the natural, historic, and/or visual character of the Township and which, when located on a site proposed for development or, with respect to scenic viewsheds, where visible on or from the site, should be protected against disturbance to the maximum extent feasible under the terms of Chapter 350, Chapter 399, and other applicable regulations. Such features, as defined by this chapter and displayed on the East Brandywine Township Secondary Conservation Areas Map, shall include:
Woodlands;
Scenic road corridors, scenic viewsheds, and scenic accents,
as documented in the East Brandywine Township Comprehensive Plan;
Historic sites and structures, as defined by this chapter and/or
as listed as an historic resource in the East Brandywine Township
Comprehensive Plan, and any associated historic setting or landscape
as may be determined appropriate by the Board of Supervisors.
A series of holistic land development design goals that maximize
protection of key land and environmental resources, preserve significant
concentrations of open space and greenways, evaluate and maintain
site hydrology, and ensure flexibility in development design to meet
community needs for complimentary and aesthetically pleasing development.
Conservation design encompasses the following objectives: conservation/enhancement
of natural resources, wildlife habitat, biodiversity corridors, and
greenways (interconnected open space); minimization of environmental
impact resulting from a change in land use (minimum disturbance, minimum
maintenance); maintenance of a balanced water budget by making use
of site characteristics and infiltration; incorporation of unique
natural, scenic and historic site features into the configuration
of the development; preservation of the integral characteristics of
the site as viewed from adjoining roads; and reduction in maintenance
required for stormwater management practices. Such objectives can
be met on a site through an integrated development process that respects
natural site conditions and attempts, to the maximum extent possible,
to replicate or improve the natural hydrology of a site.
[Added 11-3-2022 by Ord. No. 04-2022]
The Chester County Conservation District.
A plan, written by a planner certified by the Natural Resources
Conservation Service, that identifies conservation practices and includes
site specific BMPs for agricultural plowing or tilling activities
and animal heavy use areas.
Practices installed on agricultural lands to improve farmland,
soil and/or water quality which have been identified in a current
conservation plan.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of a mobile home.
Shall be defined as provided in § 2401 of Act 43
of 2017[3] as follows:
[Added 8-1-2019 by Ord.
No. 05-2019]
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CPR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which is permitted throughout the commonwealth.
The term does not include devices such as ground and hand-held
sparkling devices, novelties or toy caps in APA 87-1 or any successor
standard, the sale, possession and use of which is permitted throughout
the commonwealth.
A residential development designed, developed and maintained
to serve the housing and personal care needs of persons aged 55 or
older (provided that nothing herein shall preclude residency by any
person under age 55 who is handicapped). A "continuing care development"
shall consist of at least two of the following three components:
With the exception of those of any age suffering from senile
dementia and Alzheimer's disease, a continuing care development shall
not include any facility providing housing, custodial, treatment,
habilitative, or rehabilitative services to those afflicted with drug
or alcohol addiction or dependence, mental illness or emotional illness,
or for those detained for, charged with, or convicted of any act punishable
under any state or federal penal statute or detained, adjudicated
delinquent or dependent under any juvenile code.
A retail use structure and associated facilities providing
convenience items and services to the general public, including but
not limited to the sale of food, beverages, personal care items, automotive
fuel and lubricants, and similar items, and automatic teller machine
banking facility.
The creation of two or more dwelling units within an existing
single-family detached dwelling, with the resulting units each having
independent kitchen, bath, and sleeping facilities.
A natural or man-made stormwater management facility, feature, or channel, existing or proposed, used for the transportation or transmission of stormwater from one place to another. For the purposes of Chapter 345, "conveyance" shall include pipes, drainage ditches, channels and swales (vegetated and other), gutters, stream channels, and like facilities or features.
[Amended 11-3-2022 by Ord. No. 04-2022]
A local street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
A facility providing supervision of minors or adults by individuals
other than family members, for which a fee may or may not be charged.
A day-care facility shall not provide overnight accommodations. A
day-care facility shall not be a school as defined by this chapter,
except as noted herein.
ADULT DAY CAREA use providing supervised care and assistance to persons who are 16 years of age or older. This use shall not include persons who need oversight because of behavior that is criminal or violent.
CHILD DAY CAREA use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. Such use shall comply with all applicable federal and state laws. The care of children by their own relatives is permitted without regulation by Chapter 399.
FAMILY DAY CAREA type of day-care use, located in a single-family detached dwelling that provides care for six or fewer children at one time, in addition to children who are relatives of the caregiver, when permitted by special exception as a home occupation.
DAY CARE AS A PRINCIPAL USEA type of day-care use that provides care for seven or more persons at any one time, in addition to persons who are relatives of the primary operator; such facility shall constitute the principal use of the property.
DAY CARE AS AN ACCESSORY USEA type of day-care use where the provision of day-care service is incidental and secondary to the principal use of a lot. (e.g., a church nursery or employee day-care facility).
See "diameter at breast height."
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. As applied to a Class I or Class II historic resource under the terms of Chapter 399, "significant part" shall mean 50% or more of the gross area of that part of the structure's facade, including the area delineated by porches, that is deemed by the East Brandywine Historical Commission to be historically significant and contributing to the basis upon which the structure is classified as a historic resource.
A change to a Class I or Class II historic resource that
results from the absence of routine maintenance and repair leading
to structural weakness, decay, and deterioration, resulting or potentially
resulting in the effective demolition of the historic resource.
The total area of a tract divided by the total number of
dwelling units, expressed in units per acre.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems. See also "return
period."
An impoundment designed to collect and retard stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate. Detention basins are designed to drain completely shortly after
any given rainfall event.
Capture and temporary storage of runoff in a stormwater management
facility for release at a controlled rate.
The volume of runoff that is captured and released into the
waters of the commonwealth at a controlled rate.
An historic resource determined by the Secretary of the Interior
as meeting the National Register criteria, but not listed in the National
Register.
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; such developer
may also be the subdivider, as defined herein; and/or
A person who seeks to undertake any regulated activities at
a site in the Township.
For purposes of Chapter 370, Transportation Impact Fee, any person, partnership or corporation, landowner, subdivider, or applicant responsible for any undertaking which requires a building, zoning, or conditional use permit.
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, and excavation; mining, dredging; drilling operations; storage of equipment or materials; and the subdivision of land. For purposes of Chapter 370, Transportation Impact Fee, that which is to be done pursuant to a building, zoning, conditional use, or occupancy permit, including, but not limited to, a subdivision or land development as defined by this chapter.
A written contract between a subdivider or developer and
the landowner on one hand, and the Township on the other, specifying
the conditions of final approval by the Township.
The outside bark diameter of a tree at breast height which
is defined as 4.5 feet above the forest floor on the uphill side of
the tree.
A person, including a natural person, corporation, association,
trust, or other entity, or any combination thereof, which holds a
permit issued from the Pennsylvania Department of Health under Act
16 of 2016,[4] the Medical Marijuana Act, to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Act.
[Added 8-1-2019 by Ord.
No. 06-2019]
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
Land area disturbed by or where an earth disturbance activity
is occurring or has occurred.
That land area contributing runoff to a single point (including
but not limited to the point/line of interest used for hydrologic
and hydraulic calculations) and that is enclosed by a natural or man-made
ridgeline.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
A private means of vehicular access from a public or private
street to a single lot.
See "dwelling; dwelling unit."
A building or entirely self-contained portion thereof, designated
for or occupied exclusively for residential purposes, containing complete
housekeeping 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. With the exception
of a mobile home or an accessory dwelling, each dwelling unit shall
contain a minimum of 950 square feet of floor area. 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 or semidetached), including but not limited to:
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 construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; land development;
building construction; and the moving, depositing, stockpiling, or
storing of soil, rock, or earth materials.
Activity resulting in the movement of earth or stripping
of vegetative cover from the earth, not including the clearing of
land for agricultural purposes.
A permanent right granted for limited use of private land,
normally for a public purpose (e.g., utility, drainage, stormwater
management, 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.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
A condition that (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
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.
For multifamily townhouse dwellings in an age-qualified residential community, the area inclusive of all multifamily townhouse dwelling building footprints and adjacent limited common elements divided by the total number of multifamily townhouse dwellings. Any area not included in the calculation of equivalent lot size shall be designated as common open space subject to the requirements of § 399-102.6I herein.
[Amended 11-29-2018 by Ord. No. 06-2018]
The process by which the surface of the land, including water/stream
channels, is worn away by water, wind, or chemical action.
A plan required by the Conservation District or the Township
to minimize accelerated erosion and sedimentation, and that must be
prepared and approved per the applicable requirements.
[Amended 11-3-2022 by Ord. No. 04-2022]
For attached dwellings in an age-qualified residential community, the area inclusive of all attached dwelling building footprints and adjacent limited common elements divided by the total number of attached dwellings. Any area not included in the calculation of equivalent lot size shall be designated as common open space subject to the requirements of § 399-102.6I herein.
[Added 6-21-2018 by Ord.
No. 01-2018]
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
The combined processes of evaporation from the water or soil
surface and transpiration of water by plants.
[Added 11-3-2022 by Ord. No. 04-2022]
A stand of trees composed of a single age class in which
the range of ages is usually +/- 20% of the total stand rotation.
A family is:
A single person occupying a dwelling unit; or
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; or
A maximum of three 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
No more than three unrelated individuals living together as
a single housekeeping unit and doing their cooking in one kitchen
on the premises.
See "day-care facility."
Federal Communications Commission.
An outside confined area designated and used for feeding
or holding of more than 25 head of livestock, not including general
pasture areas.
The act of cutting a standing tree so that it falls to the
ground.
[Added 11-29-2018 by Ord.
No. 06-2018]
Federal Emergency Management Agency.
Any freestanding and uninhabited structure consisting of
wood, glass, metal, plastic, wire, wire mesh, or masonry, singly or
in combination with other materials, 2 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.
A multipurpose, nonresidential building under single ownership,
generally containing office, light industrial/assembly, and/or shipping
and distribution uses, constructed so that interior space is readily
adaptable to the particular needs of the occupant.
A temporary condition of partial or complete inundation of
land areas from the overflow of streams, rivers, and other waters
of this commonwealth.
[Added 11-3-2022 by Ord. No. 04-2022]
Any land area susceptible to inundation by water from any
natural source or delineated by applicable FEMA maps and studies as
being a special flood hazard area.
[Added 11-3-2022 by Ord. No. 04-2022]
The channel of the watercourse and those portions of the
adjoining floodplains that are reasonably required to carry and discharge
the 100-year flood (also called the "base flood" or "one-percent-annual-chance
flood"). Unless otherwise specified, the boundary of the floodway
is as indicated on maps and flood insurance studies provided by FEMA.
In an area where no FEMA maps or studies have defined the boundary
of the floodway, it is assumed, absent evidence to the contrary, that
the floodway extends from the center line of the stream and to 50
feet beyond the top of the bank of the stream on both sides.
[Added 11-3-2022 by Ord. No. 04-2022]
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, if it meets the requirement of a building story.
Elevator shafts, stairwells, and attic space (but only where
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.
Planning and activities necessary for the management of forest
lands. These include timber inventory, preparation of forest management
plans, silvicultural treatment, cutting budgets, logging road design
and construction, timber harvesting, site preparation, and reforestation.
A riparian corridor that consists predominantly of native
trees, shrubs, and/or herbaceous plants that provide a minimum of
60% uniform canopy coverage.
The management of forests and woodlands when practiced in
accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
See "dwelling; dwelling unit."
A vertical distance between the design high-water elevation
and the elevation of the top of a dam, levee, tank, basin, swale,
or diversion berm. The space is required as a safety margin in a pond
or basin.
The transportation improvement fund established by the Township
in which impact fees are deposited.
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.
Solid waste resulting from animal, grain, fruit, or vegetable
matter used or intended for use as food.
An accessory structure no greater than 250 square feet for
the storage of garden or lawn equipment, or used as a work shop.
An unattended facility established to dispense gasoline and
related fuels for motor vehicles, accessible only to card-holding
members or subscribers. Such a facility shall not include such accessory
uses as vehicle repair or leasing or the sale of parts and accessories,
groceries, or general merchandise.
A fabric manufactured from synthetic fiber that is used to
achieve specific objectives, including infiltration, separation between
different types of media (i.e., between soil and stone), or filtration.
The Board of Supervisors of East Brandywine Township.
A slope, usually of a road, channel, or natural ground, specified
in percent and shown on plans as specified in the chapters of this
Code.
To finish the surface of a roadbed, the top of an embankment,
or the bottom of an excavation.
Practices that combine biological and ecological concepts
for the management of stormwater, and that are landscape-based and
integrated into the natural environment and/or that incorporate natural
site features. Such practices include, but are not limited to, filter
strips or stormwater filtering systems (e.g., bioretention facilities,
sand filters), open vegetated channels (dry or wet swales), riparian
forested buffers, natural retention ponds, and rain gardens.
The total acreage of a lot or tract lying within existing
property lines prior to subdivision.
The total area of all floors within a building contained
within walls which is available and suitable for commercial, industrial,
or other nonresidential use. This term shall be exclusive of the floor
area included in party and outside walls, overhangs, loading docks,
elevator shafts, common hallways, and maintenance facilities.
[Added 11-29-2018 by Ord.
No. 06-2018]
The total floor area of any building or structure in which
some or all spaces are leased.
Water that occurs in the subsurface and fills or saturates
the porous openings, fractures, and fissures of underground soils
and rock units.
The replenishment of existing natural groundwater supplies
from infiltration of rain or overland flow.
A residential facility used as living quarters by a maximum
of three 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 person, including a natural person, corporation, association,
trust, or other entity, or any combination thereof, which holds a
permit issued from the Pennsylvania Department of Health under Act
16 of 2016,[5] the Medical Marijuana Act, to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Act.
[Added 8-1-2019 by Ord.
No. 06-2019]
Any security which may be required of a developer by the
Township after final acceptance by the Township of improvements installed
by the developer. Such security may include, but is not limited to,
federal or commonwealth lending institution irrevocable letter of
credit or restrictive or escrow account.
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,
those instruments cited above as acceptable for maintenance guarantees.
Parking spaces that are accessory to a residential development,
not located on individual lots or immediately adjacent to a dwelling
unit, and designed to provide vehicle parking for residents' guests
and/or special events held within the residential development.
[Added 2-16-2023 by Ord. No. 02-2023]
Garbage, refuse, or sludge from an industrial or other wastewater
treatment plant; sludge from a water supply treatment plant or air
pollution control facility; and other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities; or a combination
of the above; which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may do one of the following:
Cause or significantly contribute to an increase in mortality
or increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
The U.S. Army Corps of Engineers, Hydrologic Engineering
Center (HEC) hydrologic runoff model.
The U.S. Army corps of Engineers, Hydrologic Engineering
Center (HEC) - Hydrologic Modeling System (HMS).
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
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.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennae mounted on the tower and any other appurtenances.
An area to accommodate all phases of operation of rotor-wing
aircraft (helicopters) with suitable space to allow development of
service facilities as desired.
An area on a roof or on the ground to accommodate touchdown
and liftoff of rotorwing aircraft (helicopters) for the purpose of
picking up and discharging passengers or cargo, with no service facilities.
A structure which meets the following:
[Added 11-29-2018 by Ord.
No. 06-2018]
Is used for the production, processing, keeping, storing, sale
or shelter of an agricultural commodity as defined in § 2
of the act of December 19, 1974, (P.L. 973, No. 319) known as the
Pennsylvania Farmland and Forest Land Assessment Act of 1974,[6] or for storage of agricultural equipment or supplies.
A geographically definable area, urban or rural, small or
large, possessing a significant concentration, linkage, or continuity
of sites, buildings, structures, or objects united by past events
or aesthetically by plan or physical development.
Any building, site, structure, or object included within
the East Brandywine Township Historic Resources Atlas. More particularly,
a historic resource shall be:
A certified historic resource, as defined by this chapter;
A building, site, structure, or object located within a certified
historic district, as defined by this chapter, that is designated
as a contributing resource to that district;
A building, site, structure, or object that has received a determination
of eligibility (DOE), as defined by this chapter, or is located within
a district that has received a determination of eligibility (DOE)
and is designated as a contributing resource to that district;
A resource that is deemed by the Chester County Historic Preservation
Office to meet substantially the National Register criteria under
the Chester County Certification Program;
Any other site, structure, building or object included in the
East Brandywine Township Historic Resources Atlas.
An official inventory, appropriately documented, of historic
resources in East Brandywine Township, including but not limited to
those classified as Class I and Class II historic resources.
A map adopted as part of Chapter 399 showing historic resources, and their respective classifications, as appropriate.
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a power source for the purpose
of transporting the unit.
A use that is customarily accessory to a principal residential use, but that does not meet the criteria for a no-impact home occupation and requires review and approval as a conditional use by the Board of Supervisors in accordance with the standards of Chapter 399.
A use that is customarily accessory to, and carried on within, a dwelling unit in accordance with the standards of Chapter 399; the principal practitioner shall be a resident of the dwelling. Such use shall be clearly secondary to the principal residential use, and shall meet the standards for a "no-impact home business" contained in the Pennsylvania Municipalities Planning Code.
A building or group of two or more buildings located on a
lot held in single and separate ownership, designed, intended, and
used principally for providing sleeping accommodations to the transient
public.
Areas where prior or existing land use or activities can
potentially generate highly contaminated runoff with concentrations
of pollutants in excess of those typically found in stormwater.
The hydrologic system, cycle, or balance that sustains the
quality and quantity of stormwater, stream baseflow, storage, and
groundwater supplies under natural conditions.
A classification of soils by the Natural Resources Conservation
Service (NRCS), into four runoff potential groups. The groups range
from A soils, which are very permeable and produce little runoff,
to D soils, which are not very permeable and produce much more runoff.
A riparian corridor that, as a result of land use or land
development activity, contains impervious cover or landscape use such
that it no longer meets the definition of "forested riparian corridor."
A surface that has been compacted or covered with a layer of material so that it prevents or significantly impedes the penetration of water to the underlying soil in the immediate area, does not allow groundwater recharge, and is incapable of supporting vegetation. Such surfaces shall include, but need not be limited to, structures such as roofs, buildings, storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, decks, tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. Fifty percent of the water surface of swimming pools shall be considered impervious surface. Compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Uncompacted gravel areas with no vehicular traffic, such as gardens, walkways, or patios areas, shall be considered pervious per review by the Township Engineer. Surfaces designed to allow infiltration (e.g., pavers and areas of porous pavement) are not to be considered impervious surface if designed to function as a BMP per review by the Township Engineer. Additionally, for the purposes of determining compliance with Chapter 345, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered pervious so long as the designs note that natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetated pervious surface.
[Amended 11-2-2017 by Ord. No. 04-2017; 11-3-2022 by Ord. No. 04-2022]
A use associated with and part of the principal use of a
vehicle towing service, in which towed vehicles, whether operable
or disabled, are stored on a temporary basis until claimed or otherwise
disposed of. No dismantling, repair, or similar processes involving
vehicles shall take place in such area.
Buildings for public or quasipublic use, streets, curbs,
gutters, streetlights and signs, water mains, hydrants, sanitary sewer
mains including laterals to the street right-of-way line, storm drainage
lines, stormwater management structures, walkways, recreational facilities,
trails, open space improvements, shade trees, buffer or screen plantings,
and all other additions to the tract that are required by ordinance
or necessary to result in a complete subdivision or land development
in the fullest sense of the term.
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.
A nonresidential principal use of a property for purposes
of manufacturing, product assembly, research and development, warehousing,
wholesale distribution, vehicle towing and impoundment, truck parking/storage,
printing, and uses deemed by the Township to be of a similar character.
[Added 11-29-2018 by Ord.
No. 06-2018]
New development, adaptive reuse of buildings, redevelopment,
and the like.
Movement of surface water into the soil, where it is absorbed
by plant roots, evaporated into the atmosphere, or percolated downward
to recharge groundwater.
A stormwater BMP designed to collect and discharge runoff
into the subsurface in a manner that allows infiltration into underlying
soils and groundwater (e.g., French drains, seepage pits, or seepage
trenches, etc.).
A commercial facility for the housing and feeding of transients,
located either in an existing structure or in a newly constructed
building compatible in its facade and appearance with the adjacent
buildings and the existing character of the area.
The Zoning Officer of East Brandywine Township or his authorized
representative.
A residential property used by four or more unrelated occupants
for a common, lawful purpose (e.g., educational, recreational, religious,
therapeutic, rehabilitative, correctional), including, where necessary
to serve such purpose, twenty-four-hour or full-time equivalent professional
supervision.
A defined channel in which surface water is absent during
a portion of the year, in response to seasonal variations in precipitation
or groundwater discharge.
Any plant species, native or exotic, that disrupts the natural
diversity of an ecosystem by aggressively outcompeting native species.
Such species shall include, but not be limited to, those regulated
under the Pennsylvania Noxious Vegetation Act.
The lowest surface, the floor or bottom of a culvert, pipe,
drain, sewer, channel, basin, BMP, or orifice.
Any discarded or unusable material or article, including
metal, building materials, house furnishings, machinery, or vehicles
or parts thereof, but excluding garbage or other organic waste or
hazardous waste.
An area of land, with or without buildings, which is used
for the outdoor storage (i.e., outside a completely enclosed building)
of junk, as that term is defined by this chapter, with or without
the dismantling, processing, salvage, sale, or other use or disposition
of same.
A type of topography that is formed over limestone or other
carbonate rock formations by dissolving or solution of the rock by
water, and that is characterized by closed depressions, sinkholes,
caves, a subsurface network of solution conduits and fissures through
which groundwater moves, and no perennial surface drainage features.
A place for the keeping, breeding, and/or boarding of more
than four dogs for commercial purposes.
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 no less steep 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 § 503(1.1) of the Municipalities
Planning Code shall not be considered land developments.
Any activity that exposes soils, alters topography, and/or
alters vegetation.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
[Added 11-29-2018 by Ord.
No. 06-2018]
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 they
are authorized under the lease to exercise the rights of the landowner,
or other persons with a proprietary interest in the land.
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.
A Pennsylvania-registered professional engineer, registered
landscape architect, registered professional land surveyor, registered
professional geologist, registered professional forester, or any person
licensed by the Pennsylvania Department of State or qualified by law
to perform the work required by the Code of East Brandywine Township
within the Commonwealth of Pennsylvania.
An area of the common elements serving fewer than all of
the units and assigned for the exclusive use of the units served.
[Added 6-21-2018 by Ord.
No. 01-2018]
A soil horizon or condition in the soil profile or underlying
strata that includes one of the following:
A seasonal high water table, whether perched or regional, determined
by direct observation of the water table or indicated by other subsurface
or soil conditions.
A rock with open joints, fracture or solution channels, or masses
of loose rock fragments, including gravel, with insufficient fine
soil to fill the voids between the fragments.
A rock formation, other stratum, or soil condition that is so
slowly permeable that it effectively limits downward passage of water.
Discarded items not naturally occurring on a logging site,
such as tires, oil cans, equipment parts, and other rubbish.
[Added 11-29-2018 by Ord.
No. 06-2018]
The horses, cattle, sheep, and other useful animals kept, bred, or raised for use or profit on an agricultural property or on any property meeting the provisions of Chapter 399.
The Township (or any combination of municipalities acting
cooperatively or jointly under the laws of the commonwealth), County,
County Department of Health, or joint County Department of Health.
A forestry activity involving the cutting down and removal
of trees and logs to be converted to any forest product or for sale
to others. Logging shall not include the cutting and removal of trees
as part of a Christmas tree farm operation or when part of site preparation
in association with an approved subdivision or land development plan.
In relation to forest management, the cutting of tops and
slash into smaller pieces to allow the material to settle close to
the ground.
[Added 11-29-2018 by Ord.
No. 06-2018]
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.
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. Any lot line intersecting a front lot line shall be considered
a side lot line; any remaining lot line shall be considered a rear
lot line.
A lot which is connected to a street by an access strip of
required minimum width, which is included within the lot lines of
the interior lot; or by an easement that assures access to the street,
across an adjacent access strip. Minimum lot area and other dimensional
requirements shall be calculated and measured on that portion of the
lot exclusive of the access strip or easement area.
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 area of land contained within the property lines of a
lot as defined in the deed or as shown on an approved subdivision
plan. Any portion of a lot included in an existing or proposed street
right-of-way shall not be included in calculating gross lot area.
The gross area of the lot, but excluding all of the following
conditions or features:
Any area within an easement established for gas, oil, natural
gas, electric, or communications transmission facilities, whether
below or above ground, that do not exclusively serve the lot traversed;
Any area within an easement or right-of-way established for
a driveway that does not serve the lot traversed;
Any area within an easement established for water or wastewater
facilities that do not serve the lot;
Any area comprising a stormwater management basin, a lake, or
a pond, but not including on-lot berms;
Any area overlaid by the Steep Slope Conservation District, as established in Chapter 399;
Any area overlaid by the Floodplain District, as established in Chapter 399;
Any area designated as wetland, except where such area already is excluded under Subsection A(6), above;
In addition, the net lot area shall be contiguous and shall not be divided completely by any of the above-cited features, with the exception of easements described in Subsection A(1) that are for underground facilities.
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.
The distance in feet between the side lot lines, measured
along a line parallel to the street line at the building setback line.
Site design approaches and small-scale stormwater management
practices that promote the use of natural systems for infiltration,
evapotranspiration, and reuse of rainwater. LID can be applied to
new development, urban retrofits, and revitalization projects. LID
utilizes design techniques that infiltrate, filter, provide evapotranspiration
and store runoff close to its source. Rather than rely on costly large-scale
conveyance and treatment systems, LID addresses stormwater through
a variety of small, cost-effective landscape features located on site.
[Added 11-3-2022 by Ord. No. 04-2022]
Notice given by a municipality by first class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
The action taken to restore or preserve the as-built functional
design of any stormwater management facility or system.
[Amended 11-3-2022 by Ord. No. 04-2022]
A post-construction stormwater management (PCSM) strategy
that comprises the collection, management, and filtration of captured
runoff from the contributing drainage area through a best management
practice (BMP) that is preferably vegetated and includes release of
a portion of the captured runoff through an underdrain within the
BMP. If the MRC BMP is not vegetated, then pretreatment is required
to meet water quality requirements. MRC is intended to be used for
project areas or subareas where infiltration is considered infeasible
to meet regulatory requirements. Refer to the "Managed Release Concept"
Version 1.2 (August 25, 2020) guidance document or latest guidance
from PA DEP.
[Added 11-3-2022 by Ord. No. 04-2022]
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
An area of natural or planted vegetation dominated by grasses
and grass-like plants.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[7]
[Added 8-1-2019 by Ord.
No. 06-2019]
Mushroom farm environmental management plan.
To reduce to the smallest amount possible. "Minimize" shall
not mean complete elimination but shall require that the most substantial
efforts possible under the circumstances have been taken to reduce
the adverse effect of the action required to be minimized. With respect
to activities, the conduct of which is adverse to the conservation
of the natural features of land, the requirement to minimize shall
include but not be limited to the requirement that the placement of
dwellings and other structures and the location of roads, sedimentation
and erosion control devices, and earthmoving activities shall be planned
and designed so as to permit the adverse effect of the activity in
question to be reduced to the smallest amount possible under the circumstances
consistent with the otherwise permitted development.
A structure or group of structures for the dead storage of
customer's goods, where individual stalls or lockers are rented out
to different tenants for storage.
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, the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit way requirements; nor shall minor
repairs include addition to, alteration of, or replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring, or mechanical
or other work affecting public health or general safety.
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 United States Department
of Housing and Urban Development. For floodplain management purposes,
the term "mobile home" includes "manufactured home," and also includes
"park trailer," "travel trailer," "recreational vehicle," and other
similar vehicles placed on a site for greater than 180 consecutive
days.
Frost-free piers, consistent with applicable requirements
of the Township Building Code or any successor ordinance or code,
on which a mobile home shall be placed and secured.
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.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A written permit issued by the Zoning Officer and subject to annual renewal, permitting a mobile home park to operate under the terms of Chapter 325 and other pertinent ordinances and regulations.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
A tapered, permanent survey reference point of stone or concrete
having a four-inch square top and a five-inch square bottom and a
length of 30 inches set flush with the surrounding ground surface.
A building or group of buildings, containing individual rooms
or accommodations, each of which is provided with a separate exterior
entrance, a parking space, and is offered principally for temporary
occupancy by motor vehicle travelers.
The Pennsylvania Municipalities Planning Code, Act 247 (Act
of July 31, 1968, P.L. 805, No. 247), 53 P.S. § 10101 et
seq., as amended.
Municipal separate storm sewer system.
The East Brandywine Township Municipal Authority.
See "Township Engineer."
East Brandywine Township.
Standards promulgated by the Secretary of the Interior against
which historic resources nominated to the National Register are evaluated.
A list maintained by the Secretary of the Interior, composed
of buildings, sites, structures, objects, and districts of national,
state, or local significance in American history, architecture, archaeology,
engineering, and culture.
Any regulated activity involving placement or construction
of new impervious surface or grading over existing pervious land areas
not classified as redevelopment as defined in this chapter.
National Oceanic and Atmospheric Administration.
All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment. Non-tower WCF
shall not include support structures for antennae or any related equipment
that is mounted to the ground or at ground-level.
A building or other structure, use, or lot 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 Chapter 399.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Pollution that enters a water body from diffuse origins in
the watershed and does not result from discernible, confined, or discrete
conveyances.
Water flowing in stormwater collection facilities, such as
pipes or swales, which is not the result of a rainfall event or snowmelt.
Plant material that is undesirable or offensive due to unsightliness,
threats to health, or prolific and uncontrollable growth. Noxious
vegetation shall include, but not be limited to, ragweed, multiflora
rose, Canada thistle, Japanese honeysuckle, and oriental bittersweet.
National Pollutant Discharge Elimination System, the federal
government's system for issuance of permits under the Clean Water
Act, which is delegated to PADEP in Pennsylvania.
Natural Resource Conservation Service (previously Soil Conservation
Service, SCS), an agency of the U.S. Department of Agriculture.
Operation and maintenance.
A thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment.
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 permit required for occupancy of structures pursuant to the current edition of the East Brandywine Township Building Code and/or Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine, as amended.
A nonresidential principal use of a property in which employees
conduct business and/or provide services of a professional, management,
institutional, or financial nature, and including activities deemed
by the Township to be of a similar character.
[Added 11-29-2018 by Ord.
No. 06-2018]
A map adopted by ordinance pursuant to Article IV of the
MPC.
A comprehensive plan for the provision of adequate sewage
systems, adopted by a municipality or municipalities possessing authority
or jurisdiction over the provision of the systems and submitted to
and approved by the PA Department of Environmental Protection as provided
by Act 537, the Pennsylvania Sewage Facilities Act,[8] and Chapter 339.
A change in the municipality's official plan to provide for
additional, newly identified future or existing sewage facilities
needs, which may include one or more of the following:
UPDATE REVISIONA comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.
REVISION FOR NEW LAND DEVELOPMENTA revision to a municipality's official plan resulting from a proposed subdivision as defined in the Act.[9]
SPECIAL STUDYA study, survey, investigation, inquiry, research report, or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
SUPPLEMENTA sewage facilities planning module for a subdivision for new land development which will not be served by sewage facilities requiring a new or modified permit from the Department under the Clean Streams Law[10] and which is reviewed and approved by a delegated agency.
EXCEPTION TO THE REQUIREMENT TO REVISEA process established in § 71.55[11] (relating to exceptions to the requirement to revise the
official plan for new land development) which describes the criteria
under which a revision for new land development is not required.
An area of abandoned farm or lawn that is starting to grow
as a meadow; when managed, the first stage of succession toward becoming
a forest.
See "flood, one-hundred year."
Area or areas of land and/or water, substantially free of
structures and paved areas, permanently restricted for common enjoyment
by residents of a development and possibly the general public, but
not including individually owned private yards.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
[Added 11-29-2018 by Ord.
No. 06-2018]
Pennsylvania Department of Environmental Protection.
The parcel of land from which a land development or subdivision originates, determined from the date of Township adoption of Chapter 345.
An area designed and designated for parking a motor vehicle,
located within a street right-of-way and/or on a lot or tract.
[Amended 2-16-2023 by Ord. No. 02-2023]
An area devoted to the production of forage, introduced or
native, and harvested by grazing.
The maximum rate of stormwater runoff from a specific storm
event.
Pennsylvania Department of Transportation.
Document Number 363-0300-002 (December 2006, and as subsequently
amended).
[Amended 11-3-2022 by Ord. No. 04-2022]
Any area not defined as impervious surface
A structure used primarily to hold religious services, meetings,
and other religious related activities. The term shall include any
building other than a principal residence in which the religious services
of any denomination or faith are held.
AS-BUILTA corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATIONA plan to accompany preliminary and final plan submissions, including a natural resources inventory and impact assessment.
FINALAn exact and complete site design and layout plan and improvements construction plan prepared by a registered engineer, to be recorded upon approval.
IMPROVEMENTS CONSTRUCTIONA component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts, and other improvements as required, including a horizontal plan, profiles, and cross-sections.
PRELIMINARYA site design and layout plan and improvements construction plan prepared by a registered engineer, in less detail than a final plan and prepared for consideration prior to submission of a final plan.
SITE DESIGN AND LAYOUTA component of the preliminary and final plan, prepared by a registered engineer, showing property lines, existing and proposed streets, lots, buildings, public areas, drainage facilities, easements, and other details pertinent to the proposal.
SKETCHA plan submitted, at the applicant's option, for review and discussion prior to application for preliminary plan approval, including whatever information the applicant deems useful, e.g., a graphic plan, not necessarily to scale, showing approximate tract boundaries and a general layout of lots, buildings, and streets. Chapter 350, § 350-23 contains suggested content of a sketch plan.
The Planning Commission of East Brandywine Township.
Any discernible, confined, and discrete conveyance including,
but not limited to, any pipe, ditch, channel, tunnel, or conduit from
which stormwater is or may be discharged, as defined at 25 Pa. Code
§ 92.1.
The period after construction during which disturbed areas
are stabilized, stormwater controls are in place and functioning,
and all proposed improvements approved by the Township are completed.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner
because any trees cut are of poor quality or are too small or otherwise
of limited marketability or value.
Ground cover conditions assumed to exist within the proposed disturbed area prior to commencement of the regulated activity for the purpose of calculating the predevelopment water quality volume, infiltration volume, and peak flow rates as required in Chapter 345.
[Amended 11-3-2022 by Ord. No. 04-2022]
Techniques employed in stormwater BMPs to provide storage or filtering, or other methods to trap or remove coarse materials and other pollutants before they enter the stormwater system, but may not necessarily be designed to meet the entire water quality volume requirements of Chapter 345.
Where at least 51% of the actual cash value of a structure,
less land value, is above ground.
Is a forester meeting one of the following requirements:
[Amended 11-29-2018 by Ord. No. 06-2018]
Two years of technical forestry experience and an associate's
degree in forest technology, forestry, forest management, forest ecosystem
management, urban forestry, forest science, agroforestry, or a related
forestry or natural sciences degree; or
A bachelor's degree in forest technology, forestry, forest management,
forest ecosystem management, urban forestry, forest science, agroforestry,
or a related forestry or natural sciences degree; or
A master's degree in forest technology, forestry, forest management,
forest ecosystem management, urban forestry, forest science, agroforestry,
or a related forestry or natural sciences degree.
All new, additional, and replacement impervious surfaces.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the MPC.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
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.
In relation to certified historic districts, any land dedicated
to public use or passage, including but not limited to streets, alleys,
parks, and pedestrian rights-of-way, whether constructed, dedicated,
or proposed.
See "dwelling; dwelling unit."
The depth of accumulated rainfall per unit of time.
The replenishment of groundwater through the infiltration
of rainfall, other surface waters, or land application of water or
treated wastewater.
Those recreational pursuits which require physical alteration
to and maintenance of the area in which they are performed. Such areas
include, but are not limited to, playgrounds, play fields, ball courts,
and swimming pools.
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, walking, hiking, biking,
and picnicking.
A vehicle which is:
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; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
A facility established and/or operated by East Brandywine
Township, Chester County, or 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.
For purposes of Chapter 345, any regulated activity that involves demolition, removal, reconstruction, or replacement of existing impervious surface(s).
For purposes of Chapter 399, the reuse, alteration, enlargement, or extension of an existing building by one-third (33 1/3%) or more of the gross floor area of the building.
The restocking of an area with forest trees, including natural
regeneration as well as tree planting.
An historic district listed in the National Register, or
a state or local district whose stature has been certified by the
Secretary of the Interior as meeting substantially all the requirements
for National Register listing.
Any earth disturbance activity or any other activity that
involves the alteration or development of land in a manner that may
affect stormwater runoff.
Any activity involving earth disturbance subject to regulation
under 25 Pa. Code, Ch. 92.a or Ch. 102, or the Clean Streams Law,
35 P.S. § 691.1 et seq.
[Amended 11-3-2022 by Ord. No. 04-2022]
Proposed impervious surface as part of a current proposed
activity and all existing impervious surfaces installed after January
2, 2014, as part of previous activity.
[Added 11-3-2022 by Ord. No. 04-2022]
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural, and cultural values.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
A nonprofit use of land or a building as a place of worship,
convent, monastery, or similar religious institution, including rectory
and parish house.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure.
An eating establishment which provides for the sale and consumption
of food and beverages and which contains inside seating facilities.
An eating establishment where customers place their orders
at an inside window, or service area, and where food is either served
for consumption at eating areas within the building or is taken out
for consumption away from the premises.
An eating establishment which provides service to customers
who remain seated in automobiles, and said service is provided either
through an exterior window, or service area, or directly to parked
automobiles.
A use in which merchandise is sold or rented to the general
public, but specifically not including the following: manufacturing;
car wash; auto/truck fuel sales; auto/truck/boat or other motor vehicle
sales, service, or repair; convenience store; or any restaurant. Inside
storage of materials and/or equipment associated with installation
or servicing of retail items is included within this use, e.g., plumbing
or electrical service.
An impoundment that is designed to temporarily detain a certain
amount of stormwater from a catchment area and which may be designed
to permanently retain stormwater runoff from the catchment area; retention
basins always contain water.
The prevention of direct discharge of stormwater runoff into
surface waters or water bodies during or after a storm event by permanent
containment in a pond or depression; examples include systems which
discharge by percolation to groundwater, exfiltration, and/or evaporation
processes and which generally have residence times of less than three
days.
The volume of runoff that is captured and not released directly
into the surface waters of the commonwealth during or after a storm
event.
The average interval, in years, within which a storm event
of a given magnitude can be expected to occur one time. For example,
the twenty-five-year return period rainfall would be expected to occur
on average once every 25 years; or, stated in another way, the probability
of a twenty-five-year storm occurring in any one year is 0.04 (i.e.,
a four-percent chance).
The total width of any land reserved or dedicated as a street,
alley, sidewalk, or crosswalk, or for any other public or private
purpose.
Pertaining to anything connected with or immediately adjacent
to the banks of a stream or other body of water.
An area of land adjacent to a body of water and managed to
maintain vegetation to protect the integrity of stream channels and
shorelines, to reduce the impact of upland sources of pollution by
trapping, filtering, and converting sediments, nutrients, and other
chemicals, and to supply food, cover, and thermal protection to fish
and other aquatic species and wildlife.
Areas surrounding surface water bodies, including rivers,
creeks, lakes, and intermittent watercourses, wetlands, and water
hazard soils that intercept surface water runoff, wastewater, subsurface
flow, and/or deep groundwater flows from upland sources and function
to remove or buffer the effects of associated nutrients, sediment,
organic matter, pesticides, or other pollutants prior to entry into
surface waters. These areas may also provide wildlife habitat, control
water temperature, attenuate flood flow, and provide opportunities
for passive recreation. These corridor areas may or may not contain
trees and other native vegetation.
Any instance in which an animal is running about loose on
a street, or upon the property of a person other than the owner of
such animal, unleashed and unaccompanied by the owner or custodian
or any member of the owner's family or by any servant or agent of
the owner of such animal.
Any part of precipitation that flows over the land surface.
A viewshed that is considered valuable or worth preserving
for aesthetic reasons, commonly delineated by visual accents such
as, but not limited to, treelines or ridges, geologic features, historic
structures, stone walls, and watercourses.
An educational use, properly certified by the Pennsylvania
Department of Education, including college; public, private, or parochial
elementary or secondary school; or similar educational facility for
academic instruction, but excluding private vocational or similar
adult trade school or training center; therapeutic, rehabilitative,
or correctional institution; day-care facility or preschool; or any
residential facility or use.
[Amended 8-1-2019 by Ord.
No. 06-2019]
See "buffer."
Soil Conservation Service, now known as the Natural Resources
Conservation Service.
Soil or other materials transported by, suspended in, or
deposited by surface water as a product of erosion.
The felling of certain, but not all, trees in an area for
the purposes of:
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) primarily used for collecting
and conveying stormwater runoff.
See "building setback line."
An official of the local agency who reviews permit applications
and sewage facilities planning modules, issues permits as authorized
by the Act, and conducts investigations and inspections that are necessary
to implement the Act and the regulations thereunder. The Chester County
Health Department serves as the SEO for East Brandywine Township.
INDIVIDUAL SYSTEMThe disposal of sewage by use of septic tanks, or other safe and healthful means, approved by the Chester County Health Department, and generally within the confines of the lot on which the use is located.
COMMUNITY SYSTEMA sanitary sewage system, privately built and operated, in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on-site or off-site, and shall be approved by the Pennsylvania Department of Environmental Protection.
PUBLIC SYSTEMA sanitary sewage system for treatment of sewage and disposal of treated sewage effluent, whereby raw sewage is conveyed by trunk lines to a treatment facility owned by or to be dedicated to the Township, a municipal authority, or a public utility, and the treated effluent is disposed of by discharge into surface waters or in underground trenches or by drip irrigation or spray irrigation on lands provided by the user of the public system and conveyed in fee or by easement to the Township, authority, or utility and perpetually restricted to use for disposal of treated sewage effluent.
A tree in a public place, street, special easement, or right-of-way adjoining a street, as provided in Chapter 350.
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., noon and 3:00 p.m. on the date of winter
solstice.
A flow process associated with broad, shallow water movement
on sloping ground surfaces that is not channelized or concentrated.
A woody perennial plant differing from a tree by its low
stature and by producing several basal shoots.
That area, whether paved or not, adjacent to the cartway
of a street, which is or has been set aside, either by dedication
or usage, for pedestrian passage.
DECISION SIGHT DISTANCEThe maximum unobstructed distance a driver may see to the right and/or to the left at the approach to an intersection in order to have sufficient time to react and merge with traffic.
PASSING SIGHT DISTANCEThe minimum sight distance that shall be available to enable the driver of one vehicle to pass another vehicle safely and comfortably, without interfering with the speed of an oncoming vehicle traveling at the design speed, should it come into view after the overtaking maneuver is started.
STOPPING SIGHT DISTANCEThe minimum length required for a vehicle traveling at a given speed to stop before reaching an object in its path.
HEIGHT OF DRIVER'S EYEFor calculating sight distances for passenger vehicles, the height of the driver's eye above the pavement surface shall be considered as 3.50 feet. For large trucks, the driver eye height shall be assumed as 8.0 feet for design.
HEIGHT OF OBJECTFor stopping sight distance calculations, the height of the object shall be considered as six inches above the pavement surface. For passing sight distance calculations, the height of the object shall be considered as 4.25 feet above the pavement surface.
Any object or design feature that may interfere with the
line of sight of a driver.
An area clear of all obstructions at a given intersection.
Any object, device, display, or structure, or part thereof,
which is used to advertise, identify, display, direct, or attract
attention to an object, person, institution, organization, business,
product, service, event, or location by any means, including words,
letters, figures, design, symbols, fixtures, colors, illumination,
or projected images.
A sign displaying letters, numbers, and/or graphics that
are designed to be readily changed electronically. A sign with changes
made less frequently than once per 24 hours shall not be deemed a
changeable display sign, nor shall any sign where changes to the content
are effected by mechanical or manual means.
An informational sign indicating direction, entry, exit,
loading or service areas, fire lanes, parking and other information
incidental to the primary use and not itself advertising that use.
[Added 12-20-2018 by Ord.
No. 07-2018]
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
Total area of land in the Township where any proposed regulated
activity, as defined in this chapter, is planned, conducted, or maintained,
or that is otherwise impacted by the regulated activity.
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize exposure to possible
erosion or sedimentation.
Dragging trees on the ground from the stump to the landing
by any means.
[Added 11-29-2018 by Ord.
No. 06-2018]
A facility, licensed as such by the Commonwealth of Pennsylvania,
operated by a full-time staff in which nursing care and related medical
or other health services are provided for a period exceeding 24 hours,
for three or more individuals who are not acutely ill and not in need
of hospitalization but who, because of age, illness, disease, injury,
convalescence, or physical or medical infirmity, need around-the-clock
supervised care and supervision; a nursing home.
A panel specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
[Amended 11-29-2018 by Ord. No. 06-2018]
Any activity involving the breeding, raising, caring for, housing, and principally the hobby/personal use of domestic animals and/or products derived from those animals for use by the occupant, owner, or lessee of the lot on which such use is located. Such animals may include, but need not be limited to, equine species such as horse and pony; camelids such as llama and alpaca; goat; sheep; ostrich; emu; pig; and other species not defined as household pets or regulated in Chapter 399. The term shall not include poultry, fowl, the operation of a kennel, or any exotic, wild, and/or dangerous animal, including but not limited to those designated and regulated as such by the Pennsylvania Game Commission or other federal or state law. Incidental sales of animals or animal products directly associated with the use may be permitted; however, no stock-in-trade sales, mail order business, sales building, or sales area shall be permitted. A small-scale livestock use shall be considered accessory to a single-family detached dwelling or other permitted principal use located on the same lot; otherwise, the livestock use shall be considered the principal use for all regulatory purposes.
A type of wireless communication facility (WCF) as specifically
defined by the Federal Communications Commission in Part 1 of Title
47 of the Code of Federal Regulations.
[Added 6-20-2019 by Ord.
No. 04-2019]
A method of runoff computation developed by NRCS that is
based on relating soil type and land use/cover to a runoff parameter
called curve number (CN).
See "WSS."
Radiant energy (direct, diffused, or reflected) received
from the sun at wavelengths suitable for conversion into thermal,
chemical, or electrical energy.
The space between a given location and the sun which must
remain unobstructed between 9:00 a.m. and 3:00 p.m. mean solar time
(winter solstice) in order to permit sufficient solar energy to impinge
on that location to allow efficient solar utilization.
Any individual plant or group of plants identified as a visual
accent in the East Brandywine Township Open Space, Recreation, and
Environmental Resources Plan.
Any tree equal to or exceeding the minimum DBH necessary to
qualify as a specimen tree for its species (or species' group, e.g.,
"oak"), pursuant to the following Specimen Tree List:
|
Species
|
Minimum Size
(inches)
|
Species
|
Minimum Size
(inches)
| |
|---|---|---|---|---|
|
Ash
|
24
|
Maple
|
28
| |
|
Basswood
|
30
|
Oak
|
24
| |
|
Beech
|
28
|
Sassafras
|
20
| |
|
Cherry
|
24
|
Spruce
|
30
| |
|
Elm
|
30
|
Sycamore
|
36
| |
|
Hemlock
|
20
|
Tulip poplar
|
32
| |
|
Hickory
|
28
|
Walnut
|
26
| |
|
Locust
|
30
|
White pine
|
30
|
The act or process of applying measures necessary to preserve
the existing form, integrity, and materials of an historic property
and prevent water damage, unauthorized access, animal infestation,
vandalism, and other ongoing issues that may jeopardize structural
integrity and contribute to demolition by neglect. Work, including
preliminary measures to protect and stabilize the property, generally
focuses upon the ongoing maintenance and repair of historic materials
and features rather than extensive replacement and new construction.
New exterior additions are not within the scope of this treatment.
[Added 11-29-2018 by Ord.
No. 06-2018]
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
The given weight of a particular animal, whether mature or
immature, used to determine how many animals comprise an animal unit
as defined by this chapter. For example, the standard weight for a
mature horse for nondraft breeds shall be 1,000 pounds, and for draft
breeds shall be 1,700 pounds. Standard animal weights shall be as
listed in Table A of 25 Pa. Code Chapter 83, § 83.262, of
the Nutrient Management Rules and Regulations.
Standards promulgated by the Secretary of the Interior to
guide and evaluate the rehabilitation of historic buildings.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Pennsylvania Code Title 25 and the
Clean Streams Law.[12]
Camouflaging methods applied to wireless communications towers,
antennae, and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennae, building-mounted antennae painted
to match the existing structure, and facilities constructed to resemble
trees, shrubs, and light poles.
See "return period."
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Physical features used to effectively control, minimize,
and treat stormwater runoff. [See "best management practice (BMP)."]
[Added 11-3-2022 by Ord. No. 04-2022]
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity, including best management practices
and stormwater control measures. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
[Amended 11-3-2022 by Ord. No. 04-2022]
The plan prepared by the applicant or its representative, in accordance with the requirements of Article IV of Chapter 345, indicating how stormwater runoff will be managed at a particular site in accordance with Chapter 345, and including all necessary design drawings, calculations, supporting text, and documentation to demonstrate that the requirements of Chapter 345 have been met, herein referred to as "SWM site plan." All references in Chapter 345 to "final" or "approved" SWM site plans shall incorporate the approved SWM site plan and all subsequent approved revisions thereto.
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above.
A natural watercourse.
The boundary of a stream channel within which is contained
the volume of surface water of the stream under normal flow conditions.
A line established in the middle of the surface water of
a stream, running parallel to and equidistant from each bank under
normal flow conditions.
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:
ARTERIAL STREETA 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 involving controls on access.
COLLECTOR STREETA street designed and located to provide means 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.
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating at the other end by a permanent vehicular turnaround.
LOCAL STREETA 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.
PRIVATE STREETA local street serving only abutting lots that is not offered or required to be offered for dedication.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
SINGLE-ACCESS STREETA local street, including, but not limited to, a cul-de-sac or loop design, which has only one point of intersection with an existing Township or state road or with a proposed road having more than one access point.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road, or highway legally
open or officially platted, or between a lot and a privately owned
street, road, or way over which the owners or tenants of two or more
lots, each held in single and separate ownership, have the right of
way.
A shade tree within a street right-of-way not less than two
inches DBH.
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way; or architecture or landscaping elements at
least 30 inches but not more than 42 inches in height, such as walls,
pillars, colonnades, fences, and hedges, in lieu of a building wall
when an existing building is already set back from the street wall
line. A street wall shall extend the entire length of the edge of
the street right-of-way, except where curb cuts, driveways, and/or
pedestrian access are provided.
The space between buildings on opposite sides of a street
that is embellished with such features as sidewalks, street trees,
street lights, curbs, on-street parking, and cartways. The streetscape
is bounded by building facades and/or street walls on both sides of
a street right-of-way, thereby creating the "outdoor room" character
of the street.
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams, or girders, or any change which could
convert an existing building or other structure into a different structure,
or adapt it to a different use, or which in the case of a nonconforming
building or other structure would prolong the life of such building
or other structure.
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
Any man-made object constructed or erected on the ground
or attached to the ground including, but not limited to, buildings,
sheds, manufactured homes, and other similar items. This term includes
any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to land.
Any individual, firm, partnership, association, corporation,
estate, trust, or any other group or combination acting as a landowner
unit (or agent authorized thereby), which undertakes the subdivision
of land. The subdivider may also act as the developer, as defined
in this chapter.
The division or redivision of a single lot, tract, or parcel
of land into two or more lots, tracts, or parcels of land, 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 any residential dwelling, shall be
exempted from this definition.
Subdivision and Land Development Ordinance of East Brandywine
Township, Chester County, PA, as amended.[13]
That official of the Township designated by the Board of Supervisors to administer the provisions of Chapter 350.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennae; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the terms of Chapter 350) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.
A registered surveyor licensed in Pennsylvania.
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff, and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
A single-family detached dwelling, permissible as a separate
residence in addition to the principal dwelling on agricultural properties.
See "forest management/timber operations."
The upper portion of a felled tree that is unmerchantable
because of small size, taper, or defect.
[Added 11-29-2018 by Ord.
No. 06-2018]
Highest point of elevation of the bank of a stream or channel
cross-section at which a rising water level just begins to flow out
of the channel and into the floodplain.
Natural and friable loam containing sufficient humus and
nutrients to support plant growth.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles, utility poles, and light
poles. DAS hub facilities are considered to be tower-based WCFs.
See "dwelling; dwelling unit."
East Brandywine Township, Chester County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for East Brandywine
Township.
One or more lots assembled and presented as a single property for purposes of subdivision or land development and/or building permit application in accordance with the provisions of Chapter 399, provided that the lots, when assembled, shall be contiguous (i.e., have significant common boundaries) and not separated or divided by an arterial or major collector street.
The total acreage of a tract lying within existing property
lines, as defined by the deed, prior to the initiation of subdivision
or land development.
The gross area of a tract, but excluding the following conditions
and features:
Any portion of the tract contained within an existing street
right-of-way;
Any area within an easement established for gas, oil, natural
gas, electric, or communications transmission facilities, whether
below or above ground, that do not exclusively serve the tract traversed;
Any area within an easement established for water or wastewater
facilities that do not serve the tract;
Any area comprising an existing lake or pond;
That portion of the tract in which the area of any of the following
features, individually or collectively, exceeds 10% of the gross tract
area (i.e., only the increment of such feature or features that is
in excess of the 10% threshold shall be excluded from the net tract
area calculation):
Any area overlaid by the Steep Slope Conservation District, as contained in Chapter 399;
Any area overlaid by the Floodplain District, as contained in Chapter 399;
Any area designated as wetland, as defined by this chapter, except where such area already is excluded under Subsection E(2), above;
Any area subject to an existing conservation easement, the terms
of which prohibit future development activity within the area in perpetuity.
A building constructed prior to 1950 in Guthriesville Village,
typically two or three stories in height, adjoining or located close
to the street or other accessway.
A corridor through which passes, or will pass, a pedestrian
or equestrian accessway or a bikeway as part of the East Brandywine
Township comprehensive trail system or as otherwise authorized or
designated by the Township. A trail is to serve transportation, commuting,
and/or recreational functions as part of an intermodal transportation
system. Trails shall exclude all motorized vehicles, except motorized
wheelchairs or as authorized by the Township for maintenance, management,
and emergency purposes.
MULTIUSE ARTERIAL TRAILA type of trail that is part of the East Brandywine Township comprehensive trail system and that offers low-speed transportation and recreation opportunities to pedestrian, bicycle, and equestrian users. Such trail segments provide the principal connecting routes between destinations within the Township and to multimunicipal and regional trail systems beyond the Township.
BIKEWAYA type of trail corridor designed primarily for bicycle traffic as part of the East Brandywine Township comprehensive trail system or as otherwise authorized by the Township. Bikeways may serve transportation and/or recreational functions. Except where a designated bikeway route is contained within a road cartway or road shoulder, bikeways shall exclude all motorized vehicles, except motorized wheelchairs or as authorized by the Township for maintenance, management, and emergency purposes.
LOCAL/COLLECTOR TRAILA type of trail that is part of the East Brandywine Township comprehensive trail system and that is designed as an on-site recreation resource and as a means of connection to one or more multiuse arterial trails. Such trail may, but need not, serve multiuse functions.
The area within a trail right-of-way that is designed and
constructed for regular use by the intended trail users and provided
with an appropriate surface for that purpose.
The areas within a trail right-of-way that are immediately adjacent to the trail cartpath and designed in accordance with the standards of Chapter 350.
See "dwelling; dwelling unit."
A vehicle, powered or unpowered, that is used or intended
to be used for manned operation in the air by a single occupant for
recreation or sport purposes only, and that does not have any U.S.
or foreign airworthiness certificate. Weight, fuel capacity, and maximum
speed shall be as regulated by Part 103 of the Federal Aviation Regulations.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 (Act 45 of 1999) applicable to new construction in
all municipalities, whether administered by the municipality, a third
party, or the Department of Labor and Industry. Applicable to residential
and commercial buildings, the code adopted the International Residential
Code (IRC) and the International Building Code (IBC), by reference,
as the construction standard applicable with the commonwealth floodplain
construction. For coordination purposes, references to the above are
made specifically to various sections of the IRC and the IBC.
United States Department of Agriculture.
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.
Use of a property for parking, maintaining, and operating
trucks whose purpose is to tow motor vehicles, whether operable or
inoperable, from off-site locations. Such use may include an impoundment
area when such towed vehicles are returned to the towing service property
for temporary storage.
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 an 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.
The geographical area that is visible from a specific location.
It includes all surrounding points that are in line-of-sight with
that location and excludes points that are beyond the horizon or obstructed
by terrain and other features (e.g., buildings, trees).
The temporary storage of goods and materials within a building,
generally for subsequent distribution to other locations and not involving
retail activities.
Any area of soil in East Brandywine Township designated as
Worsham, Wehadkee, or Chewacla in the Soil Survey of Chester and Delaware
Counties, or as determined by a soils investigation, flood study,
wetlands delineation, or other similar studies.
See "water supply study."
INDIVIDUAL SYSTEMA safe, healthful, and adequate supply of water to a single user from a private well or spring located on the land of the user.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and/or other buildings within a subdivision or land development. The water supply source may be located on-site and/or off-site. A central system can be further described as either of the following:
PUBLIC WATER SUPPLY SYSTEMA system which is owned by a municipality, a public company, or a private company which serves more than a single community or subdivision and may be interconnected with other water supply systems. That portion of the public water supply system that distributes off-site water to homes within a residential tract may be owned by the homeowners' association for that tract.
COMMUNITY WATER SUPPLY SYSTEMA system which is owned by a municipality, a public company, a private company, or a homeowners' association and which serves a single community or subdivision and is not interconnected with any other water supply system.
A study of the amount of water needed for domestic and fire
use, including but not limited to an indication of the location of
the source and anticipated pressure of the proposed source.
The uppermost level of saturation of pore space or fractures
by groundwater, except where that surface is formed by an impermeable
body. "Seasonal high water table" refers to a water table that rises
and falls with the seasons due either to natural or man-made causes.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of the commonwealth.
Region or area drained by a river, watercourse, or other
body of water, whether natural or artificial.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)
Wireless communication facility.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions; or alluvial soils and
certain hydric soils, as defined by the Natural Resources Conservation
Service; or as further defined and delineated by the U.S. Army Corps
of Engineers, the U.S. Environmental Protection Agency, the U.S. Department
of the Interior, Fish and Wildlife Service National Wetlands Inventory,
or the Pennsylvania Department of Environmental Protection.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The Antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
Any land area of at least 0.25 acre with a natural or naturalized
ground cover (excluding manicured turf grass) and that has an average
density of two or more viable trees per 1,500 square feet with a DBH
of six inches or greater and where such trees existed at any time
within three years of the time of land development application submission
of the proposed project. The land area to be considered woodland shall
be measured from the outer drip lines of the outer trees.
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, sub-canopy trees, understory shrubs and vines, or woody and
herbaceous woodland floor species;
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow;
Woodland disturbance does not include the selective cutting
or removal of invasive alien trees, shrubs, vines, or herbaceous species,
including but not limited to: Multiflora Rose, Autumn Olive, Japanese
Honeysuckle, Oriental Bittersweet, Norway Maple, and Mile-a-Minute
Weed (Polygonum perfoliatum).
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land. Such plan shall
be prepared by a professional forester or other 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.
Web Soil Survey, a scientific survey of soil conditions and
characteristics prepared by the Natural Resources Conservation Service,
USDA.
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.
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; the front yard shall
contain no buildings.
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 principal 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 principal structure on the lot.
A map of East Brandywine Township indicating the location
of boundaries for each zoning district.
The municipal officer charged with enforcing the literal terms of Chapter 399 and the representative agent of the Zoning Hearing Board.
[1]
Editor's Note: This ordinance also repealed the former definitions
of "BMP, nonstructural," and "BMP, structural," which immediately
followed.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 72 P.S. § 9401 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: See 72 P.S. § 5490.1 et seq.
[7]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[8]
Editor's Note: See 35 P.S. § 750.1 et seq.
[9]
Editor's Note: See 35 P.S. § 750.1 et seq.
[10]
Editor's Note: See 35 P.S. § 691.1 et seq.
[11]
Editor's Note: See 35 P.S. § 750.1 et seq.
[12]
Editor's Note: See 35 P.S. § 691.1 et seq.
[Added 8-16-2017 by Ord.
No. 02-2017]
For the purpose of and as used in § 399-13, the following definitions shall apply:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-percent annual chance
flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, and 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.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
A form signed by the property owner to agree not to convert
or modify, in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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.
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).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
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.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either by an approved state program as determined by the Secretary
of the Interior or directly by the Secretary of the Interior in states
without approved programs.
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 399-13M(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of § 399-13.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after the effective start date of § 399-13, and includes any subsequent improvements to such structures. Any construction started after February 1, 1984, and before the effective start date of § 399-13 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.
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.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated February 1, 1984, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated February 1, 1984, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
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.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
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.
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.
A walled and roofed building, including a gas or liquid storage
tank that is principally aboveground, as well as a manufactured home.
The division or re-division of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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,
regardless of the actual repair work performed. The term does not,
however, include 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.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the State floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by the Zoning Hearing Board from the terms
of floodplain management.
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.
