ACCESSORY USE OR STRUCTURE a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ACT - The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, PL 805, No. 247 as reenacted and amended, also referred to as the "MPC".
ACTIVE RECREATION - Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields. Active recreation activities may include, but are not limited to. to swimming, tennis and other court games, baseball, football, rugby, field hockey, hockey and other field sports and playground activities.
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
ADAPTIVE REUSE - The development of a new use for an existing building or a building designed originally for a special or specific purpose when the building or structure is no longer used for its original intent.
ADJUSTED TRACT AREA - The area of land within a tract exclusive of area within all public and private rights-of-way, areas within the designated Flood Hazard and Wet Soils District as required by Article VIII of this Ordinance, as amended, and areas of slope in excess of twenty percent (20%) as defined in Section 1213 of this Ordinance.
ADULT CARE FACILITY Any facility used to provide day care to adults. These facilities are limited to day care only. The care may be for a few hours a day up to 12 hours per day.
ADULT COMMUNITY - A residential community, based on a master plan, designed specifically for adult individuals and couples who do not have resident children.
ADVERTISING - Any text or symbol which exhorts the public to purchase, use, visit, act, give, or enter into a transaction; provided, however, that a simple name of a tenant, occupant, or enterprise shall not necessarily be deemed advertising when made a part of "Sign".
AFFORDABLE HOUSING - Housing which provides a diversity of housing types in the Township through buildings or a complex of buildings which conforms to all of the following conditions:
1. Consists of single-family residential units; and
2. provides single-family residential units less than 2000 square feet of finished living area; and
3. in Village developments, incentive affordable units shall meet the density and diversity requirements in Section 401-A.E.4.
AGRICULTURE; AGRICULTURAL OPERATION . An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural or aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. The term further includes agricultural operations as the term is utilized and defined by state law (including, but not limited to, the Right to Farm Act, and the Nutrient Management Act).
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
AGRICULTURE INTENSIVE - Agricultural uses involving the processing or production of agricultural products, which are likely to emit frequent, reoccurring odors or noises considered obnoxious to a residential environment. Intensive agriculture does not include mushroom production, feedlots or commercial poultry houses.
AGRICULTURE, PASSIVE - The cultivation of the soil and the raising and harvesting of products of the soil including nurserying, horticulture, forestry, keeping of livestock and poultry for family use and pleasure, but limited to three (3) large animals (horses and cattle), and excluding intensive agriculture.
ALLEY - A minor right-of-way, which may or may not be legally dedicated to the Township, serving as a secondary means of access to the rear or side of properties which typically otherwise abuts on a street.
ALTERATION - As applied to a building, structure or sign means a change, rearrangement, renovation, relocation or enlargement of its supporting parts or exterior or which changes its use classification, as well as to mean rehabilitation, restoration or adaptive reuse of an Historic Resource as per the U.S. Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
ANTENNA - A device used to receive and/or transmit wireless radio, television, telephone, digital or other communications, including microwave dishes, panels, grids and poles.
ANTENNA FOR PERSONAL WIRELESS SERVICE - An antenna and associated equipment used for commercial mobile services, unlicensed wireless services and common carrier wireless exchange access as governed by Section 704 of the Telecommunication Act of 1996. Such an antenna and associated equipment are not public utility structures or facilities, as those terms are used in this Ordinance.
ANTENNA FOR PRIVATE USE - See PRIVATE; ANTENNA.
ANTENNA FOR PUBLIC BROADCAST - An antenna used only for transmission by commercial and public organizations of radio and television to the general public or a sector of the general public and which does not possess a highly limited transmission range with resultant site specific location requirements.
ANTENNA SUPPORT STRUCTURE - Any monopole, telescoping mast, tower, tripod, lattice structure or any other type of structure used to support an antenna(e); a/k/a communication tower.
ANTENNA SUPPORT STRUCTURE HEIGHT - The vertical distance, measured along the vertical centerline of the antenna support structure from the grade of original and undisturbed ground to the highest point of the antenna(e) and antenna support structure.
APARTMENT - See DWELLING, MULTI-FAMILY.
APPLICANT - A landowner or developer or his authorized agent who has filed an application under this Ordinance, including his/her heirs, successors and assigns.
ARCHEOLOGICAL SITE - A below ground historic resource which is registered with the Pennsylvania Bureau for Historic Preservation or listed on the National Register of Historic Places or may have potential for registration or listing with these agencies. It may contain potential for further investigation and research.
AUTOMOBILE /MECHANICAL REPAIR SHOP - A structure, building or area of land that is used principally for mechanical and body repair of motor vehicles, and which may include such accessory uses as the sale of motor fuel, lubricants, parts and accessories.
BASEMENT - Any area of the building having its floor below ground level on all sides.
BED AND BREAKFAST - An accessory use to a dwelling in which sleeping accommodations of no more than six (6) bedrooms and breakfast are provided for compensation on a daily or other limited basis.
BOARD - The Board of Supervisors of Wallace Township, Chester County, Pennsylvania.
BOARDING HOUSE - A private dwelling which provides sleeping accommodations for compensation on a weekly or monthly basis, whether or not the serving of meals is included. The term "Boarding House', shall refer to lodging and rooming houses.
BODY OF WATER - A natural or artificial lake, pond. reservoir, swamp, marsh or wetland hydrologically connected to surface water and/or groundwater. For the purposes of this Ordinance Body Of Water shall not include water features constructed with an impervious liner with no intended discharge to surface water or groundwater (i.e. wastewater lagoons, koi pond/watergarden).
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
BUFFER - An area of land to be used as a barrier to visibility, noise, glare and airborne particles, possibly containing an earthen mound, berm, fence, wall, and/or vegetative plantings, and maintained as an effective screen between parcels or uses of land.
BUILDING - Any structure used or intended for the shelter of persons, animals or property, including any mobile home or trailer. Any portion of a building separated from any other portion by an unpierced wall extending from the lowest floor to the underside of the roof shall be construed as a separate building. See also Historic Resource(s) definition.
BUILDING, ACCESSORY - A building subordinate to the principal building on the same lot and used for purposes customarily incidental to those of the principal building. See Historic Resource(s) definition.
BUILDING COVERAGE - The ratio of the total ground floor area of all buildings on a lot to the total area of that lot.
BUILDING ENVELOPE - A continuous and undivided area within the building setback lines as defined by each zoning classification and any other regulations regarding setbacks that will provide a minimum guaranteed principal building area for any lot existing or created.
BUILDING HEIGHT - The vertical measurement of a building from the mean level of the average finished grade surrounding the building to the peak of the roof, PROVIDED that the chimneys, spires, towers, tanks and similar projections shall not be included in calculating the height, unless their total area exceeds 20 percent of the ground floor area of the building which support them, in which case the building height is measured from the mean level of the ground to the highest part of any projection above the building.
BUILDING INSPECTOR - An agent of the Board of Supervisors charged with the administration and enforcement of the Township Building Code.
BUILDING, PRINCIPAL - A building which is essential to conducting the principal use or activity of the lot on which it is located. See Historic Resource(s) definition.
BUILDING SETBACK LINE - The line which establishes the minimum depth of front yard for the particular district as measured from the street right-of-way line, or of rear and side yards as measured from the respective rear and side property or lot lines.
CAMP AREA - A parcel of ground, under single ownership, which has been planned and improved for the placement of two or more recreational type vehicles, trailers or tents for transient living use. Such camp area and improvements to be in accordance with Chapter 400, Subsection 402, "Control of Sanitation in Organized Camps and Campgrounds" of the current Rules and Regulations of the Chester County Health Department and any other applicable laws.
CARTWAY - That portion of a street right-of-way, paved or unpaved, intended for vehicular use in the regular course of travel.
CEMETERY - A burial ground for human remains. All of the auxiliary activities and buildings or structures that contemporary society recognizes as accompanying a cemetery, or memorial gardens, activity, including crematory, but excluding any nonhuman use, and not including any activity not specifically related to burial. Commercial activities covering floral, marker, equipment and other similarly related subjects are typical of activities not included.
CEMETERY, PET - A burial ground for non-human remains only. Included and non-included activities are the same as for a cemetery for human remains.
CERTIFIED HISTORIC DISTRICT - A historic district which has been delineated by Wallace Township and certified for historical significance by the Pennsylvania Historical and Museum Commission in accordance with PA Act 167 and/or subsequent enabling legislation when enacted.
CERTIFIED HISTORIC RESOURCE - Any building, structure, object or other above or below ground historic resource identified as contributing to a certified historic district. Also, any historic resource certified by the Secretary of the Interior as substantially meeting the National Register Criteria for Evaluation to qualify the resource for participation in the Investment Tax Credit Program for major rehabilitation, restoration or adaptive reuse.
CERTIFIED HISTORIC STRUCTURE - A building or structure identified by Wallace Township and listed in the National Register of Historic Places or located within a registered historic district and certified by the Secretary of the US Department of the Interior as being of historic significance to the district when enacted.
CLEARCUTTING - The felling of all trees on a tract of land, or any portion thereof, at one time.
CLUB - A non-profit, association or organization, for social fraternal purposes, which may or may not use land, buildings or other structures, developed and equipped for activities which support the purpose or objectives of the Club.
COMMERCIAL TREE-CUTTING PLAN - A description, by means of text and maps, of proposed actions involving the removal of trees for commercial harvesting purposes.
COMMON OPEN SPACE - A parcel or parcels of land, an area of water, or a combination of land and water within a development site which is designed and intended for the use and enjoyment of residents of the development, exclusive of streets, parking areas, facilities and private yard areas.
COMMUNICATIONS TOWER - See ANTENNA SUPPORT STRUCTURE.
COMPLETELY DRY SPACE a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLAN - The Comprehensive Plan of the Township.
CONSTRUCTION - Any grading, excavation or placing of earth fill, erection of buildings or other structures, including the cutting of trees or clearing of brush, provided, however, that any such activity in connection with farming, forestry, test-boring or surveying shall not be deemed construction. The reconstruction, renovation, repair, extension, expansion, alteration, adaptive reuse, rehabilitation, restoration, or relocation of a building or structure including the placement of a mobile home.
CONTRIBUTING RESOURCES - A contributing building, site, structure, or object which adds to the historic and/or architectural qualities, historic associations, or archaeological values for which a property is significant because a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period or b) it independently meets the National Register of Historic Places criteria.
CONVENTIONAL LOT DESIGN - A development design option using the area and bulk standards of the appropriate district, applied uniformly throughout a development proposal.
CORRECTIONAL FACILITY (aka, Prison or Jail) - a publicly- or privately-operated facility housing persons (either juvenile or adult) awaiting criminal trial or adjudication, serving a sentence after being found guilty of a criminal offense or being adjudicated delinquent for a crime, which may be within the jurisdiction of a Federal, State or local probation, parole or corrections agency and/or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency. The term shall include, but not be limited to, jails, prisons, work release centers, pre-release centers and treatment centers. The term shall not include a Group Home or Group Institution otherwise approved and regulated by this Zoning Ordinance.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
COUNTY HISTORIC CERTIFICATION - A Chester County Historic Preservation Office designation for an above or below ground historic resource.
DAY CARE CENTER/FACILITY refers to any facility used to provide day care for children usually under the age of 12. The care may be for a few hours a day up to 12 hours per day. These facilities are limited to day care only.
DBH - The diameter of a tree at breast height, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
**Webmasters Note: The previous definition has been amended by Ordinance No. 143-2012, effective April 19, 2012.
DENSITY - The maximum number of dwelling units permitted per acre of land, calculated by dividing the total number of dwelling units by the total land area within a tract.
DENSITY, NET - The maximum number of dwelling units permitted per adjusted tract area.
DETERMINATION OF ELIGIBILITY (DOE) - An historic resource determined by the Pennsylvania Bureau for Historic Preservation and/or U. S. Secretary of the Interior as meeting the National Register criteria, but not listed in the National Register of Historic Places.
DEVELOPER - Any equitable or legal landowner, or authorized agent of such landowner, or tenant with express permission from the landowner, who makes or causes to be made an application for a subdivision or land development of a tract of land.
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations, or the storage of equipment or materials; and the subdivision of land.
DISTRICT - A designated portion of the Township designed for the purposes of establishing zoning regulations; the boundary of which is drawn on the Township Zoning Map.
DOE - See determination of eligibility.
DWELLING, MULTI-FAMILY - A building, designed as and occupied exclusively as a residence for three (3) or more families living independently of one another.
DWELLING OR DWELLING UNIT - A building or other structure used as a residence for human occupancy. The term shall include house, apartment house, multiple dwellings, mobile homes, which are used or intended to be used for living or sleeping purposes.
DWELLING, SINGLE-FAMILY, DETACHED - A building designed and occupied exclusively as a residence for one (1) family, is not connected or attached to any other dwelling, and is assigned only one street address for emergency "911" response.
DWELLING, SINGLE-FAMILY, SEMI-DETACHED - A building designed and occupied exclusively as a residence for two families living independently of each other, regardless of whether one family may be living wholly or partly above or beside the other; where one or two private garages are structurally attached to such building, they shall be deemed a part thereof.
EASEMENT - An interest in land owned by another that entitles the holder of an easement to a specific use or enjoyment of the land.
EDUCATIONAL USE - Land and buildings designed, arranged and intended for the primary purpose of instruction and learning, including preschools, elementary and secondary schools, whether private or public.
ELECTRIC SUBSTATION - Buildings, structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted to blend the installation with the surrounding landscape.
ESSENTIALLY DRY SPACE - A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FAMILY - A single person; two or more persons related by blood, marriage, formal foster relationship or adoption plus not more than one boarder, roomer, or lodger; or not more than four unrelated persons, occupying a dwelling, living together and maintaining a common household. This definition shall not include the occupants of a boarding, lodging orb rooming or occupants of any institutional use.
FLOOD - A temporary inundation of normally dry land areas.
FLOOD HAZARD AND WET SOILS DISTRICT (FHWSD) - Any perennial watercourse and the adjoining land which may be subject to periodic flooding, overflow, runoff, or inadequate drainage, as detailed in Article VIII, hereinafter called FHWSD.
FLOOD, ONE HUNDRED YEAR - A flood that on the average is likely to occur once every one hundred (100) years (i.e., that has one (1) percent chance of occurring each year, although the flood may occur in any year).
FLOODPLAIN AREA a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING - means 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.
FLOODWAY - The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100) year magnitude.
FLOOR AREA - The sum of the gross horizontal cross-section areas of every floor within every building, including basement space devoted to residential, commercial or industrial use.
FREEBOARD - A margin of safety, expressed in feet above the designated one hundred year flood elevation.
GARAGE, PRIVATE - An accessory building or part of a principal building, used for the storage of motor vehicles owned and used by the owner or tenant(s) of the premises, and for the storage of motor vehicles owned and used by the owner.
GARAGE, PUBLIC - A building, excepting a private garage, used in conjunction with a private residence, used for the repair of motor vehicles.
GASOLINE SERVICE STATION - Any area of land, including structures thereon and any building or part thereof, that is used for the sale of gasoline or other motor vehicle fuel or accessories, and which may or may not include lubricating, washing of the motor, transmission, tire or wheel servicing, but which shall not include painting or body and fender repairs.
GREENWAY LAND . That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features, Greenway Land may be accessible to the public, or it may be contained in areas of conservancy lots which are not accessible to the public, Greenway Land consists of Primary and Secondary Consecration Areas and is permanently restricted against further development.
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
GROUP HOME - A building constituting a household of not more than fourteen (14) persons, not necessarily related by blood, marriage, adoption or legal guardianship, who, because of their handicap, physical or emotional condition, or their social or interpretation skills, are limited, inhibited or prevented from functioning as useful or productive members of society. All group homes shall be licensed and regulated by the Pennsylvania Department of Public Welfare ("DPW"), to the extent so required. Facilities which house persons who pose a direct physical threat to the community may not be deemed "group homes" under the provisions of this Ordinance, noting that such persons include, but are not necessarily limited to, individuals who have violent behavioral disorders or who have been convicted or adjudicated delinquent for violent offenses. The following facilities also do not constitute group homes under this Ordinance: a Group Institution; a facility housing juveniles who have been adjudicated delinquent; a facility serving as an alternative to incarceration, confinement or imprisonment; an alcohol or drug treatment facility; a halfway house; a work release facility for individuals convicted or adjudicated delinquent of a crime; a facility providing housing to sexual offenders; or a secured care facility, secure detention or secure treatment center (such as where the residents have been convicted or adjudicated for violent offenses). Group homes shall not provide, nor be licensed to provide, treatment for adjudicated sex offenders, fire setters, murderers, kidnappers, armed robbers or juveniles diagnosed with violent psychiatric disorders.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
GROUP INSTITUTION (including and a.k.a., JUVENILE DETENTION FACILITY)- A building, other than a group home, constituting a household of not more than fourteen (14) persons, not necessarily related by blood, marriage, adoption or legal guardianship, who, because of their physical or emotional condition, or their social or interpretation skills, are limited, inhibited or prevented from functioning as useful or productive members of society. All group institutions shall be licensed and regulated by the Pennsylvania Department of Public Welfare ("DPW") and accredited by an authorized third party agency such as the Joint Commission (formerly the Joint Commission on Accreditation on Healthcare Organizations (JCAHO)). Group Institutions shall include those facilities that serve as an alternative to incarceration, as well as those facilities that provide housing to juveniles adjudicated delinquent of nonviolent offenses. Group Institutions shall not provide housing for individuals who have violent behavioral disorders or who have been convicted or adjudicated delinquent for violent offenses. The following facilities also do not constitute group institutions under this Ordinance an alcohol or drug treatment facility, a halfway house for adults, a work release facility for individuals convicted of a crime, a facility providing housing to sexual offenders, or a secured care facility, secure detention or secure treatment center (such as where the residents have been convicted or adjudicated for violent offenses). Group Institutions shall not provide, nor be licensed to provide, treatment for adjudicated sex offenders, fire setters, murderers, kidnappers, armed robbers or juveniles diagnosed with violent psychiatric disorders.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
GUEST HOUSE - A single family dwelling containing guest rooms available for short-term overnight rental.
HEIGHT OF BUILDING - See BUILDING HEIGHT.
HISTORIC RESOURCE(S) - Within the context of this Ordinance, all above and below ground resources (buildings, structures, sites and districts) over fifty years of age which are determined to be of historical and/or architectural significance to Wallace Township based on substantial primary resource evidence research by the Wallace Township Historical Commission on file in the Wallace Township Municipal Building.
HISTORIC RESOURCES MAP - A map adopted as part of this Ordinance which shows historic resource properties and their respective classifications as identified by the Wallace Township Historical Commission. Except as noted, the official documentation for each property notation indicating the scope of the historic classification on that property is on file at the Wallace Township Municipal Building.
HISTORIC STRUCTURE - Any structure that is:
(i) 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;
(ii) 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;
(iii) Individually listed on a state inventory of historic places in communities with historic preservation programs that have been certified either:
(a) by an approved state program as determined by the Secretary of the Interior; or
(b) directly by the Secretary of the Interior in states without approved programs.
HISTORICAL COMMISSION - The Historical Commission of Wallace Township advises the Board of Supervisors on matters concerning the identification and preservation of historic resources. Members are appointed by the Board. See Article X of this Ordinance.
HOME OCCUPATION - A lawful occupation conducted in a residential dwelling by the occupant, as an accessory use to the dwelling, having a potentially greater neighborhood impact than a No-Impact Home-Based Business and conducted in accordance with the requirements of Section 1304 of this Ordinance, including the professional practice of medicine, dentistry, architecture, law, engineering and accounting; and artists, beauticians, barbers, insurance agents, real estate brokers and antique dealers and similar occupations.
HOMEOWNERS ASSOCIATION - A non-profit organization comprised of homeowners or property owners, planned and operated under specific guidelines for the purpose of administering to the needs of residents through the maintenance of community-owned property.
HOSPITAL - An accredited medical facility or institution within which the diagnosis, treatment and care of human ailments are performed.
HOTEL OR INN - A building, used for the purpose of furnishing for compensation, lodging to transient guests and tourists, with or without meals, for any number of persons.
IDENTIFIED FLOODPLAIN AREA the floodplain area specifically identified in this Ordinance as being inundated by the one hundred (100) year flood.
IN-LAW SUITE . An in-law suite is defined as dwelling unit, situated either in the same building as a principal residence or in a residential accessory building, in which a family member of the individual(s) residing in the principal residence on a property resides.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
INDUSTRIAL PARK - A grouping of three (3) or more industrial establishments which are developed in accordance with a single, unified plan which provides shared infrastructure.
INSTITUTIONAL USE - Schools, places of worship, and similar uses.
JUNK YARD - Any area of land, including structures and buildings or part thereof, that is used for the outdoor deposit or storage, for a period of three (3) months or more, of articles, equipment, or parts thereof, such as old iron, automobile bodies, mobile homes, recreation vehicles, tires, machinery, metals, building materials, waste paper, rags, timbers and the like which are no longer used in their original form but which may or may not have salvage value. The deposit or storage on a lot of two or more unregistered, uninspected, wrecked or disabled motor vehicles, or major parts thereof, shall be deemed to make a junkyard.
KENNEL - A facility, including a structure, to accommodate five (5) or more dogs either for personal enjoyment or commercial purpose, including boarding, grooming, breeding of dogs. or sale of associated products.
LABORATORY - A building or structure, or group of buildings and/or structures in which are located the facilities for scientific research, investigation, testing, experimentation and development, including the making of prototypes, but not including the manufacture of products for sale.
LAND DEVELOPMENT Any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
1. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
2. The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. A subdivision of land.
LANDSCAPE CONTRACTING Providing commercial landscaping services.
LANDSCAPING - The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance and replacement thereof, for control of erosion, retention of precipitation, protection against the elements, and promotion of human comfort and welfare.
LANE - A private residential access street serving no more than five (5) lots provided the first two opposing lots have public street frontage, if not, the private lane shall serve no more than three (3) lots.
LIVESTOCK - Any animal or animals, excepting pigs as in a commercial piggery, but including poultry or other fowl, which can be kept and maintained or attended under conditions which require or include space, open or in a building, or both.
LOADING - A space, accessible from a street or way, in a building structure, or on a lot for the temporary use of vehicles while loading or unloading merchandise or materials.
LOT - A parcel of land which is occupied or to be occupied by one principal building or other structure or use, together with any accessory building or other structures or uses customarily incidental to such principal building or other structure or use, and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this Ordinance.
LOT AREA - The area of land included within the title lines of a lot.
LOT AREA, MINIMUM - The minimum amount of land permitted within a lot as designated by the applicable zoning district. In calculating the minimum lot area, all public and private rights-of-way shall be excluded. Also, seventy-five percent (75%) of the minimum lot area shall be located outside the Flood Hazard and Wet Soils District (FHWSD) and shall contain no slopes in excess of twenty percent (20%). Where the minimum amount of land permitted within a lot is less than one and one-half acre, the entire required minimum lot area shall be located outside of the FHWSD and shall not contain any of the above impediments. The minimum lot area shall be one continuous area undivided by any and all of the above impediments.
LOT, CORNER - A lot bounded by two (2) or more intersecting streets; or at the point of abrupt change in direction of a single street when the interior angle of which is not greater than one hundred thirty-five (135) degrees.
LOT, COVERAGE - The ratio of the total ground floor area of all buildings and other impervious surfaces on a lot to the total area of the lot on which they are located, including driveways, walks, and patios.
LOT, INTERIOR - A lot which does not adjoin a street, but is connected thereto by an access strip of required minimum width, also called "flag lot".
LOT LINE, FRONT - The line separating the lot from the street right-of-way line.
LOT LINE, REAR - The lot line opposite, most parallel and most distant from the front lot line; if the rear lot line is less than ten (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 ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE - Any lot line not defined as front or rear lot line.
LOT, REVERSE FRONTAGE - A lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
LOT WIDTH - The horizontal distance between side lot lines at the building setback line, measured parallel to the street right-of-way line. When the street line is curved, the measurement shall be made on the arc of or parallel to the curve of the street line.
LOWEST FLOOR the lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designated and built so that the structure is in violation of the applicable non-elevation design requirements of this ordinance.
MEMORIAL GARDEN/PARK - See CEMETERY.
MOBILE OR MANUFACTURED HOME - A structure intended for permanent occupancy, office or place of assembly which is transportable in one or more sections, built on a permanent chassis, and is designed for use with or without a permanent foundation (including any additional or accessory structure) when attached to the required utilities. When used or intended to be used for living or sleeping purposes for an aggregate of more than thirty (30) days in a period of one (1) year on a lot, the period beginning from the date of moving the mobile home into the Township, the mobile home shall be considered a dwelling. The term includes park trailers, travel trailers, recreational and other similar vehicles.
MOBILE OR MANUFACTURED HOME LOT - A parcel of land in a mobile or manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home or manufactured home.
MOBILE OR MANUFACTURED HOME PARK/SUBDIVISION - A parcel of land under single ownership which was been planned and improved for the placement of mobile homes or manufactured homes for non-transient use, consisting of two or more mobile or manufactured home lots.
MOTEL - A building or a group of two (2) or more detached or semi-detached buildings, used for the purpose of furnishing for compensation, temporary lodging to the public, containing rooms with or without kitchen facilities with entrances provided directly or closely in connection with automobile parking space serving such rooms, which building or group of buildings may or may not include dining and meeting room facilities and swimming pools.
MINOR REPAIR the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirement; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MUNICIPAL USE - Any use by, or structure owned or utilized by, Wallace Township, Chester County, Pennsylvania.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
NATIONAL REGISTER CRITERIA - Standards promulgated by the Secretary of the Interior against which historic resources nominated to the National Register of Historic Places are evaluated.
NATIONAL REGISTER OF HISTORIC PLACES - 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.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after August 1, 1979, and includes any subsequent improvements thereto.
NO-IMPACT HOME-BASED BUSINESS A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
1. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2. The business shall employ no employees other than family members residing in the dwelling.
3. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
4. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
5. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectible in the neighborhood.
6. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
7. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
8. The business may not involve any illegal activity.
NONCONFORMING LOT - A lot, the area or dimension of which was lawful prior to the adoption or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district, or districts, in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTURE - A structure or building, or part thereof, manifestly not designed to comply with the applicable use or extent of use provisions or the bulk regulations of the applicable zoning district of this Zoning Ordinance or amendments heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE - A use, whether of land or of structure, which fioes not comply with the applicable use provisions in this Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.
NONCONTRIBUTING - A noncontributing building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because a) it was not present during the period of significance, b) due to alterations, disturbances, additions, or other changes it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or c) it does not independently meet the National Register of Historic Places criteria.
NURSERY - An area where plants are grown for transplanting, for use as stock for budding and grafting, or for wholesale or retail sale.
NURSERY SCHOOL see DAY CARE CENTER/FACILITY.
NURSING / CONVALESCENT HOME - A building or buildings, which could be adapted dwellings, for the housing and care of persons who need special types of care and attention, but who do not require a hospital level of service. Such a nursing home must meet all County, State, and Federal requirements for staffing, for service capabilities, for building design and permitting, and for services available for personal care facilities, nursing homes or similar uses.
ONE HUNDRED YEAR FLOOD a flood that, on the average, is likely to occur once every one hundred (100) years (i.e. that has one (1) percent chance of occurring each year, although the flood may occur in any year).
OUTDOOR STORAGE - The collection of man-made materials unprotected from the elements.
PARKING LOT - An off-street area for parking motor vehicles, usually uncovered, to which there is access from a street or driveway.
PARKING SPACE - Reasonable level space, available for the parking of one (1) motor vehicle, at least ten (10) feet by twenty (20) feet in size exclusive of passageways, driveways, or other means of circulation or access.
PARKING SPACE, PAVED - A parking space hard-surfaced, having base course and wearing surface in accordance with Wallace Township Road specifications.
PASSIVE RECREATION - Recreation which involves minimal impact on the land and associated natural resources. Examples include but are not limited to hiking, horseback riding, cross country skiing bird watching, bicycling;, hinting and fishing.
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
PERSON 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.
PERSONAL CARE FACILITY see NURSING/CONVALESCENT HOME.
PET - An animal, such as a dog, cat, rabbit, small animal or bird which is usually kept for individual or family enjoyment and/or protection.
PIGGERY, COMMERCIAL - A commercial enterprise involving the keeping, feeding or raising of pigs for market as the substantial use, or where pigs are fed primarily with ingredients collected from off the premises; this shall not be construed to include the incidental raising of pigs as an accessory use to agriculture.
PLANNED OFFICE PARK - A unified and integrated development of office and of office-related uses, developed as a unit on a single tract, and administered by a single entity in accordance with an approved, overall plan.
PLANNING COMMISSION - The Planning Commission of the Township.
PRIVATE, ANTENNA - An antenna privately owned and used for radio transmission and reception by a private individual or entity on wavelengths available to the general public and with an antenna support structure not exceeding thirty-five (35) feet in height. Such an antenna shall be permitted as an accessory use where its use is clearly and customarily incidental to an existing principal use.
PROFESSIONAL OFFICE - The office of a member of a recognized profession which is maintained for the conduct of that profession.
PUBLIC HEARING - A formal meeting held pursuant to public notice by the Board of Supervisors, the Planning Commission or the Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance.
PUBLIC MEETING - A forum held pursuant to notice under the Act of July 3, 1986, PL 1988, known as the "Sunshine Act."
PUBLIC NOTICE - Notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty days and the second publication shall not be less than seven days from the date of the hearing. Where the hearing to be held will include consideration of a proposed zoning amendment to the zoning map, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. Where a proposed zoning amendment to the zoning map is being considered, notice of the public hearing shall be mailed by the municipality at least thirty days prior to the date of the hearing by first class mail to the addressees to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy this mailing requirement.
QUALIFIED PROFESSIONAL FORESTER - A person who has a BS degree from a four-year School of Forestry accredited by the Society of American Foresters and who is a member in good standing of the American Forestry Association.
RECREATION VEHICLE - A specifically constructed vehicle, sometimes called a mini-home or a motor home, which has some or all facilities or equipment for cooking, sleeping, washing and toilet, which is used for driving trips, or camping, or like purposes; but excluding a drawn vehicle frequently called a trailer or a mobile home.
REFORESTATION - The restocking of an area with forest trees, including natural regeneration as well as tree planting.
REGISTERED HISTORIC DISTRICT - A district listed on the National Register of Historic Places, a district whose status has been evaluated by the Pennsylvania Bureau for Historic Preservation and has been deemed eligible for listing on the National Register.
REGULATORY FLOOD ELEVATION the one hundred (100) year flood elevation plus a freeboard safety factor of one and one-half (1 1/2) feet.
REHABILITATION - The process of returning a property to a state of utility through repair or alteration or restoration, 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.
RELIGIOUS USE - Use of land or building for a church or similar institution, including rectory or parish house; but not for a not-for-profit organization or any organization designed solely and primarily as a religious institution for the purpose of evading this Ordinance.
REPETITIVE LOSS flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
RESTAURANT - A building used for the purpose of furnishing meals to the public to be consumed within the building or the place of business.
RESTORATION - Exact rehabilitation of a structure or building which returns it to its original exterior and/or interior architectural integrity.
RETAILING - A commercial activity comprising the sale of commodities in small quantities directly to consumers.
RETIREMENT COMMUNITY - A residential development designed specifically for adult individuals or couples who do not have resident, dependent children which may or may not provide a full range of medical and housekeeping services.
RIGHT OF WAY . Land set aside for use as a street, other means of travel or for use by a utility.
A. Existing Right-of-Way. The legal right-of-way, as established by the Township Or Commonwealth of Pennsylvania or other appropriate governing authority. and currently in existence.
B. Ultimate or Future Right-of-Way The right-of-way deep led necessary by the Township or by other governmental agencies with jurisdiction within the Township to provide adequate width for future street or utility improvements.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 139- 2010.
SANITARY LANDFILL - A lot or tract or portion thereof used for the deposit and storage of refuse and in which all exposed refuse is covered daily in accordance with the State Department of Environmental Resources and County Department of Health regulations.
SCREENING - The use of plant materials, fencing or earthen berms to aid in the concealment of such features as parking areas and to provide privacy between uses or buildings.
SELECTIVE CUTTING - The felling of certain, but not all, trees on a lot for the purposes of removal of dead, diseased, damaged, mature or marketable timber, improvement of the quality of a tree stand or species, or meeting personal domestic needs.
SEWAGE - All water-carried domestic or commercial wastes or any combination thereof.
SEWAGE FACILITIES - A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. Sewage facilities consist of a mechanical treatment section and a disposal section. The mechanical section may consist of pipes, pumps, mechanical treatment plants, treatment and storage ponds, or other treatment facilities. The disposal section may be a subsurface soil absorption area or a mechanical storage tank.
INDIVIDUAL SEWAGE SYSTEM - A sewage facility, whether publicly or privately owned, located on a single lot and serving one residence or equivalent dwelling unit and collecting, treating and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.
1. INDIVIDUAL ONLOT SEWAGE SYSTEM - An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
2. INDIVIDUAL SEWERAGE SYSTEM - An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
COMMUNITY ONLOT SEWAGE SYSTEM - A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both , of the sewage on one or more of the lots at another site.
1. COMMUNITY ONLOT SEWAGE SYSTEM - A community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface soil absorption area or retaining tank.
2. COMMUNITY SEWERAGE SYSTEM - A community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
PUBLIC SEWAGE SYSTEM - An off-site system for the treatment and disposal of sewage in which sewage in conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Resources.
SMALL FLOW TREATMENT FACILITIES - An individual or community sewerage system designed to adequately treat sewage flows not greater than 2000 gallons per day for final disposal using a stream discharge or discharge to the surface of the ground.
SUBSURFACE SOIL ABSORPTION AREA - That portion of a sewage facility that remains all or substantially below the surface and is used to dissipate treated sewage. Buildings, structures, and ponds for collection, storage and treatment of sewage are not part of a subsurface soil absorption area.
SIGN - A structure, building wall, or other outdoor surface, or any device used for visual communication, and any letter, work, model or representation thereon, intended for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize a name, product or service, but not including any such sign which is inside a structure and not normally visible from outside the structure. Signs are further defined under Article XV - Signs, as to type and function.
SIGN AREA - The entire area within a continuous perimeter enclosing the extreme limits of all sign elements, exclusive of structural framing or supports. Where a sign includes lettering and words attached to a wall, with no accompanying background, the sign area shall be that which is enclosed within the shortest possible continuous perimeter line which encompasses all letters, words and symbols.
SINGLE AND SEPARATE OWNERSHIP - The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.
SITE RESTORATION - Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.
SKID ROAD/HAUL ROAD - A main pathway, normally intended for repeated skidding to each skid trail, where excessive exposure of soils can be expected from heavy use.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
SKID TRAIL - A secondary pathway, intended for use skidding a tree or small group of trees, where extensive exposure of soils is not expected.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
SKIDDING - Dragging trees on the ground from the stump to the landing by any means.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
SLASH - Debris left after logging, including logs, chunks, bark, branches, stumps and broken understory trees or brush.
**Webmasters Note: The previous definition has been amended by Ordinance No. 143-2012, effective April 19, 2012.
SPECIAL EXCEPTION - Permission, approval or authorization granted by the Zoning Hearing Board for specified uses identified under this Ordinance.
SPECIMEN TREE - A tree with a DBH of twenty-four (24) inches or greater; or a unique, rare, or otherwise specifically selected tree which most typically represents a whole class or group, specifically in shape, form or historical importance, including, but not limited to, a tree whose growth pattern has been significantly altered by a natural and/or man-made action, one which has been historically documented (showing up in written histories), one on which there are historic plaques, markers, carvings, or unusual marking in the bark, or one which identifies a particular location, and which shall be designated as such by the Township during plan review.
STABLE - A facility to accommodate two (2) or more animals, such as ponies or horses or other similar type, for the purpose of boarding, or offering riding, or other use opportunities to other than the resident owner and his family.
STEEP SLOPES - Those land areas having an average slope greater than twenty percent (20%) or greater. Average slope shall be measured in accordance with Section 1213.
STREAM - Perennial and intermittent watercourses identified through site inspection c=r US Geological Survey (USGS) maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted on a USGS snap with a dotted blue line.
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
STREET - A public or privately owned right-of-way serving as a means of vehicular travel, and furnishing access to abutting properties without regard to its state of physical improvement. The word "street" includes the words road, highway, thoroughfare, lane and way.
STREET, CENTER LINE OF - The centerline of a street is a line equidistant from both street lines.
STREET LINE - The legal right-of-way line of a street, road, way or highway legally open to public use or officially platted, or between a lot and a privately owned street, land, road or way over which the owners or tenants of two (2) or more lots each held in single and separate ownership have been provided right-of-way.
STREET, MAJOR OR COLLECTOR - A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving fifty (50) or more dwelling units to give access to community facilities and/or other collector and major streets. Streets in industrial and commercial subdivisions shall generally be considered collector streets. May also be called a feeder street connecting a minor street system and an arterial street.
STREET, MARGINAL ACCESS - A minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
STREET, MINOR RESIDENTIAL - A street used primarily to provide access to abutting properties.
STRUCTURALLY UNSAFE - As used in this Ordinance, shall mean hazardous or dangerous to persons or property due to deterioration of fabric or materials, framework, support, painting or electrical wiring, if applicable, or due to damage by natural elements, vandalism, or otherwise to such an extent as to warrant major repair, or other maintenance to prevent further deterioration, or demolition and removal. This determination shall be made and certified to by the Township Building Inspector or a licensed structural engineer. In the case of an historic resource, the structural engineer or Township Building Inspector shall be qualified in the field of historic resource conservation.
STRUCTURE - Any form or arrangement of building materials above or below ground or on water involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements, including but not limited to buildings, sheds, mobile homes, signs, fences, towers, swimming pools, flag poles, windmills, water towers, silos, solar energy collectors or similar structures, and site improvements such as roads, utilities and earthworks or any part thereof. See Historic Resource(s) definition.
SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or in the 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 ten acres, not involving any new street or easement of access or any residential dwelling shall not constitute a subdivision.
SUBSTANTIAL DAMAGE - Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition other improvement of a structure, the cost of which equals or exceeds fifty (50) percent 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 either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;
2. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as an "historic structure".
SWIMMING POOL - A temporary or permanent structure containing or that could contain a body of water with a depth of two (2) feet or more, excluding ponds.
TELEPHONE CENTRAL OFFICE - A building and its structures and equipment used for the transmission and exchange of telephone or radio telephone messages between subscribers, and other business of a telephone company.
TIMBER HARVESTING OPERATION - The cutting and removal of more than ten (10) trees of greater than twelve (12) inches DBH in a twelve (12) month period for commercial purposes, from any lot or tract. The removal of dead or diseased frees or nonnative invasive species, the cutting of trees for personal firewood use or as a part of a Christmas tree farming operation, or the clearing of an area in accordance with an approved subdivision or land development plan or building permit shall not be considered a Timber Harvesting Operation. Forestry, as defined by the Pennsylvania Municipalities Planning Code, as amended, shall be considered a Timber Harvesting Operation and shall require the submittal of a timber harvesting plan and issuance of a timber harvesting permit. Several types of timber harvesting methods are defined as follows:
A. CLEAR-CUT - The establishment of a new even-aged stand from the development of new trees after removal in a single cutting of all trees in the previous stand, except trees reserved as part of the Bureau of Forestry reservation guidelines. Regeneration is established after the cut from one or more of the following: natural seeding, direct seeding, planted seedlings, or coppice regeneration. Fences, herbicide, or fertilizer are options to protect or enhance established regeneration for any of the areas having significant deer browsing or other inhibiting vegetation problems.
B. DIAMETER-LIMIT CUT - A timber harvesting treatment in which all trees over a specified diameter may be cut. Diameter-limit cuts often result in high-grading.
C. HIGH-GRADING - A type of timber harvesting in which larger trees of commercially valuable species are removed with little regard for the quality, quantity, or distribution of trees and regeneration left on the site; often results when a diameter limit harvest is imposed.
D. IMPROVEMENT CUTTING - The removal of trees of undesirable species, form or condition from the main canopy of the stand to improve the health, composition and value of the stand.
E. SALVAGE CUTTING - The removal of dead trees or trees being damaged or dying due to injurious agents other than competition, to recover value that would otherwise be lost.
F. SINGLE TREE SELECTION METHOD - A method of creating new age classes in uneven-age stands in which individual trees of all size classes are removed more-or-less uniformly throughout the stand to achieve desired stand structural characteristics and regenerate shade-tolerant species.
G. GROUP SELECTION METHOD - The removal of trees in different areas to create openings in the forest canopy to stimulate regeneration of shade-intolerant species.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
TIMBER HARVESTING PLAN - A written description, by means of text and maps, of existing natural resources, and all proposed actions and impacts involving the removal of trees from a tract of land as outline herein.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
TOPS - The upper portion of a felled tree not merchantable because of small size, taper or defect.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
TOP OF BANK - The point above a waterway which defines the maximum height of channel flow of a waterway. It is either determined visually or computed as a topographic elevation. Unless explicitly set forth otherwise, any setback from a stream or body of water shall be measured from the top of the bank as defined herein
**Webmasters Note: The previous definition has been added as per Ordinance No. 139-2010.
TOWNSHIP - The Township of Wallace, Chester County, Pennsylvania.
TRACT - One (1) or more lots assembled for the purpose of development under the provisions of this Ordinance.
TRAILER PARK - See MOBILE HOME PARK.
TREE REMOVAL - The cutting down of a tree or the transplanting of a tree to another property.
UNCOMMITTED LAND - That portion of a tract for which a land development plan has been submitted for approval that is designated by the owner as an area which may be developed in the future, but shall not be developed at present.
UNIFORM CONSTRUCTION CODE (UCC) The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial building, the code adopted The International Residential Code (IRC) and the International Building Code (IBC) by reference, as the construction standard applicable to Commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
USE - The specific activity for which land or buildings are designed, arranged and intended.
USE, ACCESSORY - An activity subordinate to the principal use of land or building on the same lot and which is clearly and customarily incidental to a given principal use.
USE, CONDITIONAL - An activity requiring review and authorization by the Board of Supervisors and the attachment of conditions in order to insure said activity will be compatible with adjacent land use.
VARIANCE - Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this Ordinance, as applied to a specific property.
VIOLENT BEHAVIORAL DISORDER - Any conduct disorder of person diagnosed by a licensed Psychologist or Psychiatrist that includes three (3) or more of examples of the following behavior within the prior twelve (12) month period: (a) aggressive conduct that causes or threatens physical harm to other people or animals; or (b) aggressive or non-aggressive conduct that causes property loss or damage.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
VIOLENT OFFENSE - Any of the following offenses, or an attempt, a solicitation or a conspiracy to commit any of the same: aggravated assault, robbery (limited to those robberies graded under the Crimes Code as Felonies of the First Degree), burglary (limited to those burglaries graded under the Crimes Code as Felonies of the First Degree), murder, voluntary manslaughter, rape, involuntary deviate sexual intercourse, arson, extortion accompanied by threats of violence, assault by prisoner, assault by life prisoner and kidnapping.
**Webmasters Note: The previous definition has been added by Ordinance No. 143-2012, effective April 19, 2012.
WATERCOURSE - A channel or conveyance oh surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this Ordinance, a watercourse shall not include manmade swales constructed expressly for the purpose of stormwater management.
**Webmasters Note: The previous definition has been amended as per Ordinance No. 139-
WATER SUPPLY, CENTRAL - A system for supplying potable water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site.
WATER SUPPLY, INDIVIDUAL - A safe, healthful and adequate supply of water to a single user from a private well on the lot of the user.
YARD - 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.
YARD, FRONT - A yard extending the full width of the lot along the front lot line and for the purpose used in this Ordinance, extending in depth from the street right-of-way to the nearest point of any structure on the lot. In the case of interior lots, the front yard measurement shall be taken from the lot line which is closest to parallel with the street line.
YARD, REAR - 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 structure on the lot.
YARD, SIDE - A yard extending between the inside lines of the front and rear yards, the full depth of the lot along the side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
ZONING HEARING BOARD - The Zoning Hearing Board of the Township.
ZONING MAP - The official zoning map of the Township.
ZONING OFFICER - The officer or other designated authority charged with the enforcement of the Township Zoning Ordinance.
BILLBOARD - an outdoor sign, as a commercial use, which advertises or directs public attention to a business, commodity, service, place, entertainment or activity, NOT conducted, sold, offered, or located on the same premises with such sign, and not to be construed as a "Directional Sign".
BULLETIN BOARD - an on-premises sign erected and permanently maintained for public and semi-public institutions such as churches, schools, hospitals, fire halls, or other municipal offices or similar activities.
BUSINESS SIGN - a sign which directs public attention to a business, commercial, professional or industrial activity, or to a commodity, service, or entertainment sold, offered or provided for compensation ON THE PREMISES where such sign is located.
CONTRACTOR'S SIGN - a temporary sign of a contractor, mechanic, painter or artisan, erected and maintained on the premises only for that period of time during which their respective work is being performed, and which shall be removed promptly upon completion of such work.
CONSTRUCTION SIGN - a temporary sign warning of construction, excavation, or storage of materials or equipment, such signs being properly and adequately lighted or otherwise made clearly visible 24 hours of each day so long as such condition shall exist.
DIRECTIONAL SIGN - a sign, temporary or permanent, containing no advertising other than a name or symbol, for the purpose of directing the public to any activity, location, route, loading or parking area. Sign shall not be construed as a "Billboard".
ENTRANCE SIGN - a sign erected and maintained at a vehicular entrance to any property or activity or facility, containing no advertising other than a name, and having as its purpose to serve the public convenience.
HIGHWAY SIGN - an official sign within the public right-of-way of any street, erected under sole jurisdiction of a State, County or Township Department or Office.
INCIDENTAL SIGN - an occasional sign, in addition and subordinate to other permitted signs, which shall contain no advertising and which shall not be included in computing allowable sign area. A traffic control or warning sign erected and maintained on private property shall conform in size, shape, text, and color to the Pennsylvania Department of Highways standards.
IDENTIFICATION SIGN - a name plate or similar device for indicating the occupant or resident of a property, or the name of the property itself; this may include the name of a farm; and such sign shall not contain advertising, nor shall such sign be included in computing allowable sign area.
NON-CONFORMING SIGN - a sign existing on a lot, building or other structure prior to the effective date of this Ordinance, which does not conform in all respects to the requirements of this Article. A sign erected subsequent to the effective date of this Ordinance which does not conform to the regulations herein, shall be deemed an "illegal sign".
OFFICIAL SIGN - a sign erected by the State, County, Township or other legally constituted governmental body, including street and facility names, conditions or speed limits.
REAL ESTATE SIGN - a sign advertising any building, land or other real property, for sale, for rent, or for lease, such sign to contain no advertising other than the name of the Realtor, agency, broker or the owner, as applicable, their address, telephone number, the words "For Sale", "For Rent", "For Lease", "Auction" with time and date, and supporting text, and it shall be permissible for the word "Sold" to be attached to such sign for a period not longer than two (2) weeks. A "Real Estate" sign must be removed from the lot within two (2) weeks after the indicated transaction is completed. A "Real Estate" sign shall not be construed to be a "Subdivision Sign".
STREET SIGN - the official sign naming the street or road within the Township, which sign shall be erected only under the direction and approval of the Township Supervisors.
SUBDIVISION SIGN - a sign erected and maintained on the premises, for the advertising of the sale or development of property within a subdivision for residential, commercial or industrial purposes, such sign not to be construed to be a "Real Estate Sign" or an "Identification Sign".
TEMPORARY SIGN - a sign erected for a temporary use or for such limited period of time as may be specified herein.
TRESPASS SIGN - an "Incidental Sign" posted on the premises for the purpose of notifying the public that a particular condition, or a potential hazard, may exist thereon which, if unheeded, could result in damage to persons or property, such as "Beware of Dogs", "Keep Off", "No Trespassing", "No Hunting", "Private Property", and similar text.
DOUBLE-FACED SIGN - A ground, projecting, wall or window sign having two (2) parallel faces immediately back-to-back, and substantially identical in size and shape.
GROUND SIGN - A free-standing sign, near ground level, held in position by its own framework and support, and independent of any part of a building, wall or other structure.
ILLUMINATED SIGN - A ground, projecting wall or window sign which is so designed or equipped as to be clearly visible at night as well as at daytime by means of any of the following types of lighting:
a. Diffused Lighting - a light emanating through translucent glass, plastic, or other material, the actual shape of such materials visually forming, by masking or silhouette, the individual letters or symbols of the sign.
b. Floodlighting - illumination by broadly focused light, producing a relatively uniform intensity of light over the surface to be illuminated, and having the actual source of light shielded from view from any point off the premises.
c. Fluorescent Lighting - illumination produced by glass or plastic tubing filled with metallic vapors or gases which have the characteristic of glowing through. With respect to signs, this shall apply to actual letters or symbols formed by such tubing, or to text which is illuminated by such source of light.
d. Indirect Lighting - illumination to cause letters or symbols of a sign to be visible at night in silhouette or by reflection of light, with the actual source of light remaining invisible.
e. Spotlighting - the illumination of an object by a narrowly focused beam of light and producing a relatively slight concentration of light within a relatively small area.
PROJECTING SIGN - A sign attached to a wall of a building or other structure and which may project there from some horizontal distance. When such sign may project from a building or structure over space available for public use, the horizontal distance of such projection shall not be more than forty-two (42) inches, nor shall floodlighting or spotlighting devices for such signs project more than six (6) feet from such building or structure.
REFLECTOR-TYPE SIGN - A ground, projecting, wall or window sign constructed of such material as to be visible at night solely by reflection of light produced or projected thereon from automobile headlights or similar source.
SINGLE-FACED SIGN - A ground, projecting, wall or window sign constructed of a single side or face, or one (1) of the two (2) faces of a 'Y'-type sign which has an interior angle greater than sixty (60) degrees.
"V"-TYPE SIGN - A ground, projecting, wall or window sign having two (2) faces back-to-back but not parallel, identical in size abutting or forming a common seam on one side and, in plan, forming a 'IV".
WALL SIGN - A sign applied, painted or attached on a wall of a building, or other structure and extending there from not more than a horizontal distance of twelve (12) inches, provided, however, that floodlighting or spotlighting devices for such signs may extend a horizontal distance of not more than forty-two (42) inches from such wall.
WINDOW SIGN - An indoor sign, placed near or attached to, or painted on, a glass window in such manner as to be visible and effective as a "Sign" from the outdoors.
ACT - The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247 as reenacted and amended, also referred to as the "WC".
ADJUSTED TRACT AREA - The area of land within a tract exclusive of area within public and private rights-of-way, areas within designated Flood Hazard and Wet Soils District as required by Article VIII of the Wallace Township Zoning Ordinance as amended and areas of slope in excess of twenty percent (20%) as defined in Section 1213 of the Zoning Ordinance.
APPLICANT - A landowner or developer or his authorized agent including his/her heirs, successors and assigns, who has filed an application for subdivision or land development.
APPLICATION FOR DEVELOPMENT - Every application, whether preliminary or final, which is required to be filed and approved prior to start of construction or the subdivision or development of land, including but not limited to an application for a building permit, for the approval of a subdivision plan, or for the approval of a land development plan.
BLOCK - A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of the Township.
COMMON OPEN SPACE - A parcel or parcels of land, an area of water, or a combination of land and water within a development site which is designed and intended for the use and enjoyment of residents of the development, exclusive of streets, parking areas, public facilities and private yard areas.
COMPREHENSIVE PLAN - The Comprehensive Plan of Wallace Township, Chester County, Pennsylvania.
CONDOMINIUM - The form of ownership of real property including an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure, subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980.
CONSTRUCTION - Any grading, excavation or placing of earth fill, erection of buildings or other structures, including the cutting of trees or clearing of brush, provided, however, that any such activity in connection with farming, forestry, test boring or surveying shall not be deemed construction. The reconstruction, renovation, repair, extension, expansion, alteration, adaptive reuse, rehabilitation, restoration, or relocation of a building or structure including the placement of a mobile home.
DENSITY, NET - The maximum number of dwelling units permitted per adjusted acre of land, calculated by dividing the total number of dwelling units by the adjusted acreage of the tract
DER - The Pennsylvania Department of Environmental Resources.
DETENTION BASIN - A structure designed to temporarily retard surface runoff.
DEVELOPER - Any landowner or authorized agent of such landowner, or tenant with express permission from the landowner, who makes or causes to be made an application for a subdivision of land or a land development, including improvements thereto.
DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the subdivision of land, the placement of mobile homes, utilities, streets and other paving, filling, grading, excavation, mining, dredging or drilling operations.
DISTRICT - A portion of the Township designated for the purposes of establishing zoning regulations; the boundaries of which are drawn on the Township Zoning Map.
DRIVEWAY - A private vehicular and pedestrian access between a public or private street and a parking area within a lot or property.
EARTHMOVING ACTIVITY - Activity resulting in the movement of earth or stripping of vegetative cover from the earth.
EASEMENT - An interest in land owned by another that entitles the holder of an easement to a specific use or enjoyment of the land.
EASEMENT, CONSERVATION - A voluntarily derived set of use restrictions placed upon the identified land area through which no positive or appurtenant rights are conveyed to the grantee.
ESCROW, SUBDIVISION - 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 federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions in an amount equal to one hundred ten percent (110%) of the cost of the required improvements for which financial security is to be posted.
FAMILY - A single person; two or more persons related by blood, marriage or adoption plus not more than one boarder, roomer or lodger; or not more than four (4) unrelated persons, occupying a dwelling, living together and maintaining a common household. This definition shall not include the occupants of a boarding, lodging or rooming house.
FLOOD HAZARD AND WET SOILS DISTRICT - Any intermittent or perennial watercourse and the adjoining land which may be subject to periodic flooding, overflow, runoff, or inadequate drainage, as detailed in Article VIII of the Wallace Township Zoning Ordinance No. 36 as amended (which contains a more detailed definition of this District).
GREEN WAYS - Lands permanently protected as conservation areas by a permanent conservation easement complying with the provision of Section 170 (h) of the Federal Internal Revenue Code of 1986 as amended, the ownership of which may be private, private non-profit, or public, as approved by Wallace Township.
GUARANTEE, STRUCTURAL INTEGRITY - Any financial security to insure structural integrity and functioning in accordance with specifications of required improvements which the municipality is accepting for dedication. Such security may include, but is not limited to, performance bonds, escrow agreements or irrevocable letters of credit
HISTORIC RESOURCES - Within the context of this ordinance, all buildings, sites, structures, objects and districts shown on the Historic Resources Map, or noted in Article X of the Township Zoning Ordinance #36 as amended.
HISTORIC RESOURCES MAP - A map adopted under Wallace Township Zoning Ordinance #36 as amended showing historic properties and their respective classifications as identified by the Township Historical Commission.
HOMEOWNERS ASSOCIATION - A non-profit organization comprised of homeowners or property owners, planned and operated under specific guidelines for the purpose of administering to the needs of residents through the maintenance of community-owned property.
IMPERVIOUS SURFACE - Areas which, due to the construction and placement of improvements including but not limited to buildings, sidewalks, pools, walls, other structures, and paved or stoned areas, permit only minimal or no absorption of water.
IMPROVEMENTS - Grading, paving, curbing, street lights and signs, landscaping, water supply, hydrants, sewage service, storm drainage lines, stormwater management structures, sidewalks, monuments and all other additions to the tract.
IMPROVEMENTS, PUBLIC - Improvements, including but not limited to those contained in the definition of "Improvements" that are intended for common use of more than one lot or dedication to the Township.
LAND DEVELOPMENT - Any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
B. A subdivision of land.
C. Site improvements, except a single family dwelling or building exclusively for agricultural use, involving streets, sanitary sewers, storm sewers, water mains, or other improvements addressed under the provisions of this Ordinance including but not limited to new or existing buildings, earth works, grading, driveways, stormwater management, parking or lighting.
LANDOWNER - For purposes of this ordinance, the legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such options or contract is subject to any condition); a lessee having express permission or joinder of the landowner in the application.
LANDSCAPING - The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance and replacement thereof, for the control of erosion, retention of precipitation, protection against the elements and promotion of human comfort and welfare.
LANE - A private residential access street serving no more than eight (8) dwelling units.
LANE, ACCELERATION OR DECELERATION - A lane of a cart way intended for use by vehicles entering, leaving or crossing a lane of forward travel without interrupting the flow of traffic.
LIMIT OF DISTURBANCE - A line established on a construction site beyond which no construction activities grading or disturbance shall take place.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA - The area of land included within the title lines of a lot.
LOT AREA, MINIMUM - The minimum amount of land permitted within a lot as designated by the applicable zoning district. In calculating the minimum lot area, all public and private rights- of-way shall be excluded. Also, seventy-five percent (75%) of the minimum lot area shall be located outside the Flood Hazard and Wet Soils District (FHWSD) and shall contain no slopes in excess of twenty percent (20%). Where the minimum amount of land permitted within a lot is less than one and one-half acre, the entire required minimum lot area shall be located outside of the FHWSD and shall not contain any of the above impediments. The minimum lot area shall be one continuous area undivided by any and all of the above impediments.
LOT, CORNER - A lot bounded by two (2) or more intersecting streets; or at the point of abrupt change in direction of a single street when the interior angle of which is not greater than one hundred thirty-five (135) degrees.
LOT, INTERIOR - A lot which does not adjoin a street, but is connected thereto by an access strip of required minimum width, also called "flag lot".
LOT, REVERSE FRONTAGE - A lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
MONUMENT - A tapered permanent survey reference point of concrete having a 4" square beveled top with a length of 24" and a base the same shape as its top, but 2" larger in dimension. A concrete monument shall have a vertical reinforcing bar cast integrally in vertical center and contain a 1/4" diameter depression in the center of top surface.
MOBILE HOME - A transportable, single family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation, including any additional or accessory structure. When used or intended to be used for living or sleeping purposes for an aggregate of more than thirty (30) days in a period of one (1) year on a lot, the period beginning from the date of moving the mobile home into the Township, the mobile home is a dwelling. The term includes manufactured homes, park trailers, travel trailers, recreational and other similar vehicles.
MOBILE HOME PARK - A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two (2) or more mobile home lots.
MOBILE HOME PARK LOT - A parcel of land in a mobile home park improved with utility connections and other appurtenances necessary for the placement thereon of a single mobile home which is leased by the park owner to the occupants of the mobile home placed on the lot.
PARKING AREA, COMMON - An off-street parking facility designed to accommodate guests and visitors of residents within a mobile home park
PLAN, AS BUILT - A corrected final plan showing dimensions and locations of all streets and other improvements as actually constructed.
PLAN, EXISTING CONDITIONS - A plan to accompany preliminary and final plan submissions, including a natural features inventory and analysis.
PLAN, FINAL - As defined by a final land development or subdivision plan as defined by the Municipalities Planning Code and which meets the requirements of Section 505, herein.
PLAN, IMPROVEMENT CONSTRUCTION - A plan prepared by a registered engineer showing the construction details of streets, drains, sewers, bridges, culverts, and other improvements as required by these regulations, and including a horizontal plan, profiles, and cross-sections.
PLAN, PRELIMINARY - A land development or subdivision plan prepared by a registered engineer, or surveyor, showing approximate property lines, proposed streets, drainage facilities, easements, and other improvements, for consideration prior to preparation of a final plan.
PLAN, PROFILE - A plan prepared by a registered engineer or surveyor showing the vertical section of the existing grade and proposed grade along the centerline of any proposed street, and any street appurtenances to be constructed or installed, which must include a typical cross-section of the street construction; part of the required submission for an improvement construction plan.
PLAN, SKETCH - A plan submitted for review and discussion prior to application for preliminary plan approval, not necessarily to exact scale, indicating the location of stream channels, tree masses, and other natural features, and a general layout of the proposed subdivision or land development. Although encouraged, the submission of such plans by any developer is not required and the procedure is purely voluntary.
PLANNING COMMISSION - The Planning Commission of the Township of Wallace, Chester County, Pennsylvania.
RESUBDIVISION - A change in map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RETENTION BASIN - A structure similar to a detention basin which, unlike detention basins, always contain water, and thus may be considered a man-made lake or pond.
RIGHT-OF-WAY - An area of land reserved or dedicated for the accommodation of a public or private street or right of ingress, egress and regress.
SCREENING - The use of a variety of plant materials, fencing or earthen berms to aid in the visible concealment of such features as parking areas and trash receptacle storage and to provide privacy between potentially incompatible land uses.
SEDIMENT - Solid material, both mineral and organic, that is in suspension is being transported, or has been moved from its site or origin by water.
SEWAGE - All water-carried domestic or commercial wastes or any combination thereof.
SEWAGE SERVICE, COMMUNITY - Sewage collection, treatment, and/or disposal system. A privately owned and operated sanitary sewage system approved by the Department of Environmental Resources, the Chester County Health Department, and Wallace Township, in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities employing spray irrigation and/or subsurface land disposal techniques. Treatment and disposal may occur either on-site or off-site.
SEWAGE SERVICE, INDIVIDUAL - The disposal of sewage by safe and healthful means as approved by the Chester County Health Department, within the confines of the lot on which the use is located.
SIGHT DISTANCE - The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
A. Object sight distance. Shall be measured from a point 42' above the centerline of the road surface to a point 0.5' above the centerline of the road surface.
B. Vehicle sight distance. Shall be measured from a point 42' above the centerline of the road surface to another 51' above the centerline of the road surface.
SPECIMEN TREE - A unique, rare, or otherwise specifically selected plant or tree which most typically represents a whole class or group, specifically in shape, form, historical importance, or any other characteristic which may be designated as such by the Township.
STEEP SLOPES - Those land areas having an average slope twenty percent (20%) or greater measured over a distance of fifty (50) feet in any direction. Slope should be measured over three (3) consecutive two (2) foot contour intervals.
STORMWATER - Water which surfaces, flows, or collects during and subsequent to rain or snowfall.
STREET - A public or private right-of-way serving as a means of vehicular travel, and furnishing access to abutting properties without regard to its state of physical improvement. The word "street" includes the words road, highway, thoroughfare, and way.
STREET, CUL-DE-SAC - A minor street which intersects another street and terminates in a vehicular turnaround.
STREET, MAJOR OR MINOR COLLECTOR - A street which, in addition to providing access to abutting properties, intercepts minor residential streets to provide a route serving fifty (50) or more dwelling units to give access to community facilities and/or other collector streets. Streets in industrial and commercial subdivisions shall generally be considered collector streets. Collector streets shall be classified as major or minor as stipulated in the Wallace Township Comprehensive Plan.
STREET, MARGINAL ACCESS - A minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
STREET, MINOR RESIDENTIAL - A street used primarily to provide access to abutting properties.
STREET, PRIVATE - A privately owned street, not dedicated to the Township, constructed in conformance with Section 611.
STREET, PUBLIC - A publicly owned street, dedicated to the Township, constructed in conformance with Township standards.
STRUCTURE - Any form or arrangement of building materials above or below ground or on water involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements, including, but not limited to, buildings, sheds, mobile homes, and site improvements such as roads, utilities, earth works, septic systems, and wells.
SUBDIVISION - The division and redivision of a lot, tract or parcel of land by any means into two (2) 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 devises, 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 ten acres, not involving any new street or easement of access or residential dwelling, shall be exempted. Any subdivision of land for mortgage purposes shall comply with the applicable provisions of this ordinance and the zoning ordinance. See Section 300 B for definition of major and minor subdivisions.
TOWNSHIP - The Township of Wallace, Chester County, Pennsylvania.
TOWNSHIP ENGINEER - A professional engineer licensed by the Commonwealth of Pennsylvania, and duly designated by Wallace Township to perform the duties of engineer as herein specified.
TRACT - One (1) or more lots assembled for the purpose of development under the provisions of this Ordinance.
TREE MASS - Areas, groves, or stands of mature trees (i.e., greater than 4" caliper, at a height of five (5) feet from the ground).
WATERCOURSE - A permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.
WATER SUPPLY, CENTRAL - A system for supplying potable water from a common source or sources to all dwellings and other buildings within a development.
WATER SUPPLY, INDIVIDUAL - A safe, healthful and adequate supply of water to a single user from a private well on the lot of the user.
WETLANDS - Areas that are 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, including swamps, marshes, bogs and similar areas, using the delineation procedures and criteria of the Pennsylvania Clean Streams Law or Section 404 of the Federal Clean Water Act whichever is more stringent.
YARD - 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.
YARD, FRONT - A yard extending the full width of the lot along the front lot line and for the purpose used in this ordinance, extending in depth from the street right-of-way to the nearest point of any structure on the lot. In the case of interior lots, the front yard measurement shall be taken from the lot line which is closest to parallel with the street line.
YARD, REAR - 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 structure on the lot.
YARD, SIDE - A yard extending between the inside lines of the front and rear yards, the full depth of the lot along the side lot line and extending in width from such side lot line to the nearest point of any structures on the lot.
ZONING HEARING BOARD - The Zoning Hearing Board of Wallace Township, Chester County, Pennsylvania.
ZONING MAP - The official zoning map of Wallace Township, Chester County, Pennsylvania.
ZONING OFFICER - The officer or other designated authority charged with the enforcement of the Wallace Township Zoning Ordinance.
ZONING ORDINANCE - The Wallace Township Zoning Ordinance #36 of 1988, as amended by Ord. #39 of 1989, Ord. #42 of 1990, Ord. #52 of 1992 and any and all subsequent amendments.
AASHTO - American Association of State Highway & Transportation Officials. The web site home page for ASHTO is http://transl2ortatioii].orglAASHTOnew/.
ATTENUATE - To reduce the magnitude of the flow rate by increasing the time it takes to release a specified volume of runoff (for example the 1 year, 24 hour storm event). Attenuation is a method of reducing the peak flow rates for post development compared to the peak flow rates in predevelopment.
AQUIFER - A geologic formation, group of formations, or part of a formation that contains sufficient saturated, permeable material to yield useful quantities of Ground Water to wells and springs.
BASEFLOW - Portion of stream Discharge derived from ground water; the sustained Discharge that does not result from direct runoff or from water diversions, reservoir releases, piped Discharges, or other human activities.
BEST MANAGEMENT PRACTICE (BMP) - Methods, measures or practices to prevent or reduce surface runoff and/or water pollution, including but not limited to, structural and Non-structural Stormwater Management Practices and operation and Maintenance procedures.
CCHD - Chester County Health Department.
CFS - Cubic Feet per Second.
CHANNEL - A natural or artificial watercourse that conveys, continuously or periodically, flowing water.
CONSERVATION DESIGN - A series of holistic land development design practices 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 complementary 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.
CONCENTRATED STORM RUNOFF - Surface runoff from rainfall events, which converges and flows primarily through water conveyance features such as swales, gullies, waterways, Channels or storm sewers and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
DESIGN STORM - The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a 5-year storm) and duration (e.g., 24-hours), used in the design and evaluation of stormwater management systems.
DETENTION OR TO DETAIN - The prevention of, or to prevent, the Discharge, directly or indirectly, of a given volume of stormwater runoff into surface waters by temporary storage.
DETENTION BASIN - 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 and are dry until the next rainfall event.
DISCHARGE - To release of water from a project, site, Aquifer, drainage basin or other point of interest (verb); The rate and volume of flow of water such as in a stream, generally expressed in cubic feet per second (volume per unit of time) (noun).
DITCH - An artificial waterway for irrigation or stormwater conveyance.
DRAINAGE AREA - That land area contributing runoff to a single point and that is enclosed by a ridge line.
DRAINAGE SYSTEM - All facilities and natural features used for the movement of stormwater through and from a drainage area, including, but not limited to, any and all of the following; conduits, pipes and appurtenant features: Channels, Ditches, flumes, culverts, streets, swales, gutters as well as all watercourses, water bodies and wetlands.
EPA - Environmental Protection Agency.
EASEMENT - A right of use of a specified portion of land of another for a specified purpose.
EROSION - The wearing away of land surface by water or wind which occurs naturally from weather or runoff, but is often intensified by human activity.
FEMA - Federal Emergency Management Agency.
FIRST ORDER STREAM - Upper-most perennial tributary in a watershed that has not yet confluenced with another perennial stream. The confluence of two first order streams forms a "second" order stream.
GROUND WATER - Water that occurs in the subsurface and fills or saturates the porous openings, fractures and fissures of under-ground soils and rock units.
HOTSPOTS - An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.
HYDROLOGY - The study of the properties, distribution, circulation and effects of water on the Earth's surface, soil and atmosphere.
HYDROGRAPH - A graph of Discharge versus time for a selected point in the drainage system.
IMPERVIOUS COVER - See "Impervious Surface".
IMPERVIOUS SURFACE - A surface, which has been compacted or covered with a layer of material so that it is resistant to Infiltration by water. It includes semi-pervious surfaces such as compacted clayey soils, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces. Net Increase of Impervious Surface refers to the difference between the existing Impervious Coverage and the total Impervious Surface proposed.
INFILTRATION - Movement of surface water into the soil, where it is absorbed by plant roots, evaporated into the atmosphere, or percolates downward to recharge ground water.
INTENSITY - The depth of accumulated rainfall per unit of time.
INTERMITTENT STREAM - A defined Channel in which surface water is absent during a portion of the year, as Ground Water levels drop below the Channel bottom.
LEVEL SPREADER - A low earthen berm constructed perpendicular to the direction of slope and extending across the width of the slope for the purpose of intercepting surface runoff and spreading it behind the berm to enhance Infiltration and reduce Erosion and runoff from the slope. The purpose of a Level Spreader is to prevent concentrated, erosive flows from occurring and to spread out stormwater runoff uniformly over the ground as sheet flow.
LOADING - The total amount (generally measured in pounds or kilograms per acre per year) of material (sediment, nutrients, oxygen-demanding material, or other chemicals or compounds) brought into a lake, stream or water body by inflowing streams, runoff, direct Discharge through pipes, ground water, the air (aerial or atmospheric deposition) and other sources over a specific period of time (often annually).
MAINTENANCE -The action taken to restore or preserve the as-built functional design of any facility or system.
MEADOW CONDITION - A natural groundcover with less than one viable tree of a DBH of six (6) inches or greater per fifteen-hundred (1,500) square feet within three (3) years of application; a cover condition for which SCS curve numbers have been assigned or to which equivalent rational method runoff coefficients have been assigned.
MS4 - Municipal Separate Storm Sewer System.
NOAA - National Oceanic and Atmospheric Administration.
NRCS -Natural Resources Conservation Service.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) - Created in 1972 under the Clean Water Act to authorize Discharges to local receiving waters only pursuant to governmental permits in an effort to reduce point source and non-point source pollutants.
NEW DEVELOPMENT - Any activity regulated by this ordinance that is not considered a redevelopment as defined in this ordinance.
NON-STRUCTURAL STORMWATER MANAGEMENT PRACTICES - Passive, site design approaches or regulatory approaches that positively impact water quality and reduce or minimize the generation of stormwater runoff without requiring the construction of specific or discrete stormwater management control structures.
OPEN CHANNEL - Any natural or man-made watercourse or conduit in which water flows with a free surface.
OPEN VEGETATED CHANNEL - also known as swales, grass Channels, and biofilters. These systems are used for the conveyance, retention, Infiltration and filtration of stormwater runoff.
PACD - Pennsylvania Association of Conservation Districts.
PADEP - Pennsylvania Department of Environmental Protection.
PASTURE CONDITION - A ground cover of grassland or range with continuous forage for grazing and greater than 75% ground cover and lightly or only occasionally grazed; a cover condition for which the Soil Conservation Service curve numbers have been assigned or to which equivalent rational method runoff coefficients have been assigned.
PENNDOT - Pennsylvania Department of Transportation.
PERCOLATION RATE - The rate of movement of water under hydrostatic pressure through interstices of rock or soil. For stormwater analysis, it is typically measured as a distance per unit of time (e.g., inches per hour).
PREDEVELOPMENT ASSUMPTION - The ground cover assumption used when analyzing the stormwater runoff characteristics of a Drainage Area prior to the proposed development.
RAINFALL INTENSITY - The depth of accumulated rainfall per unit of time.
RATE - Volume per unit of time.
RECEIVING WATERS - Any water bodies, watercourses or wetlands into which surface waters flow.
RECHARGE - The replenishment of Ground Water through the Infiltration of rainfall, other surface waters, or land application of water or treated wastewater.
REDEVELOPMENT - An existing, developed property and/or a graded, altered and compacted site (as of or after the date of adoption of this ordinance) that is proposed for reconstruction.
RETENTION OR TO RETAIN - The prevention of direct Discharge of stormwater runoff into receiving waters or water bodies by temporary or permanent containment in a pond or depression; examples include systems which Discharge by percolation to ground water, exfiltration, and/or evaporation processes and which generally have residence times of less than three days.
RETENTION BASIN - An impoundment designed to collect and retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Retention basins may also be designed to permanently retain additional stormwater runoff. Retention basins are designed to retain a permanent pool of water during dry weather.
RIPARIAN - Pertaining to anything connected with or immediately adjacent to the banks of a stream or other body of water.
RIPARIAN BUFFER - A riparian buffer is an area of trees and other vegetation adjacent to a wetland or watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is intended to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides or other pollutants prior to entry into surface waters. The riparian buffer shall begin at each edge of any identified wetland or watercourse and shall occupy a margin of land on each or all sides, each with a minimum width of sixty (60) feet from any wetland or one hundred (100) feet from any watercourse, whichever results in the greatest extent of the buffer. The width of such margin shall be measured horizontally on a line perpendicular to the nearest edge of the water, measured in watercourses at bankful flow. In the case of wetlands, buffers shall be measured from the edge of the jurisdictional delineation.
RUNOFF - see Stormwater.
SLAMM - Source Loading and Management Model - This model is based on small storm Hydrology and pollutant runoff from urban land uses. Pollutant sources are identified and both structural and nonstructural stormwater practices can be accounted for in the model.
SCS - Soil Conservation Service.
SWMM - Stormwater Management Model - EPA developed this model for analyzing stormwater quantity and quality associated with runoff from urban areas. Both single event and continuous simulation can be performed on catchments having storm sewers, or combined sewers and natural drainage, for prediction of flows, stages and pollutant concentrations. Information on SWMM is available at http://Www.EPA.govlceaml2ubllswaterlswminlindex.htm.
SEDIMENT - Fragmented material that originated from weathering rocks and decomposing organic material that is transported by, suspended in, and eventually deposited in the streambed.
SEDIMENTATION - Occurs when sediment particles that have been suspended within flowing water are deposited on the stream bottom or floodplain.
SHEET FLOW - A flow process associated with broad, shallow water movement on sloping ground surfaces that is not Channelized or concentrated.
SPECIAL FLOOD HAZARD AREA - Those areas identified by the Federal Emergency Management Agency (FEMA), Federal Insurance Administration (FIA) as floodway area (FW), flood fringe area (FF), and general floodplain area (FA); where determined by Wallace Township, identified alluvial soils may be included as well.
STORM EVENT - The storm of a specific duration, Intensity, and frequency.
STORMWATER OR RUNOFF - The flow of water overland and/or in water bodies that results from and occurs during and immediately following a rainfall event.
STORMWATER MANAGEMENT PLAN - The approved detailed analysis, design, and drawings of the stormwater management system required for all construction.
STORMWATER MANAGEMENT PRACTICES - The designed and/or constructed features which infiltrate, treat, collect, convey, Channel, store, inhibit, or divert the movement of stormwater; such practices include structural and non-structural practices.
STRUCTURE - Anything constructed or installed with a fixed location on the ground, or attached to something having a fixed location on the ground.
STRUCTURAL STORMWATER MANAGEMENT PRACTICES - Any measures that require the design and construction of a facility to help reduce or eliminate a non-point source of pollution and control stormwater.
SUBGRADE -The top elevation of graded and compacted earth underlying roadway pavement.
SWALE - An artificial or natural waterway which may contain contiguous areas of standing or flowing water only following a rainfall event, or is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake, or is designed to take into account the soil erodibility, soil percolation, slope, slope length, and contributing Drainage Area so as to prevent Erosion and reduce the pollutant concentration of any Discharge.
TOWNSHIP - Wallace Township. Also the Board of Supervisors of Wallace Township.
USDA - United States Department of Agriculture.
USDOT FHWA - United States Department of Transportation Federal Highway Administration.
WATER BODY - Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline and receives surface water flow.
WATERCOURSE - A permanent or Intermittent Stream or other body of water, whether natural or manmade, which gathers or carries surface water.
WATER TABLE - The upper most level of saturation of pore space or fractures by subsurface water in an Aquifer. Seasonal high water table refers to a water table that rises and falls with the seasons due either to natural or man-made causes.
WATERS OF THE COMMONWEALTH - 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 Pennsylvania.
WATERSHED - Land area that drains to a common water body. As used within this ordinance, refers to the land areas draining to the twenty-one (21) regionally recognized named streams illustrated in Appendix A of this ordinance.
WETLANDS - Land areas that are inundated or saturated by surface or groundwater with 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 (wetlands generally include swamps, marshes, bogs, and similar areas); or areas that are defined and delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 10, 1989, and as may be amended from time to time; or as further defined and delineated by the United States Army Corps of Engineers, the United States Environmental Protection Agency, or the Pennsylvania Department of Environmental Protection.
WOODLAND CONDITION - A natural groundcover with more than one viable tree of a DBH (diameter at breast height) of six (6) inches or greater per fifteen-hundred (1,500) square feet which existed within three (3) years of application; a cover condition for which SCS curve numbers have been assigned or to which equivalent rational method runoff coefficients have been assigned.