A.
For the purposes of this chapter, words and terms used herein shall be interpreted as listed in § 113-21 of this chapter.
B.
If a word is not defined by this chapter but is defined by Chapter 133, Zoning, as amended, then the Zoning Ordinance definition shall apply to this chapter.
C.
The word "includes" shall mean to specifically include an item but
not necessarily be limited to such items.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
A private minor vehicular right-of-way, other than a street,
providing access from a street to a property or parking area within
a lot. Access drives shall be required for all commercial, institutional,
and industrial uses, and all multifamily dwellings.
A minor right-of-way, privately or publicly owned, primarily
for vehicular access to the rear of properties.
A landowner or developer, as defined in this section, who
has filed an application for development, including his/her heirs,
successors, and assigns.
Unless otherwise stated, the Jackson Township Sewer Authority,
or its successor agency.
The total number of motor vehicles traveling on a road or
street during an average weekday, other than a Friday, Saturday or
Sunday.
An area of land or a lot or group of lots bounded by roads,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township or by any combination of the above.
The Board of Supervisors of Jackson Township.
The same meaning as "lot line adjustment."
The paved portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
This term is also referred to as a “travelway” or “roadway.”
The Jackson Township Subdivision and Land Development Ordinance,
as amended, and any provisions thereof, enacted by the Board of Supervisors.
An area of unobstructed vision in both directions from a
driveway, access drive or street intersection as viewed by a driver.
Said area is measured along the center lines of the intersecting streets,
driveways or access drives to a given distance point from their intersection
point. The third side of the triangle is a line access the corner
of the lot joining the ends of the other two sides.
The Planning Commission of Jackson Township.
A parcel or parcels of land, or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, including
squares, greens, neighborhood parks, public parks, playgrounds, tot
lots, linear environmental corridors, and similar areas, but not including
the following:
A central sewage disposal system that serves a given area
and is not publicly owned.
A central water supply system that serves a given area and
is not publicly owned.
A type of ownership arrangement, not a land use, wherein
parts of a building typically are owned separately by persons, and
other parts, such as halls, stairs, and recreation areas, are owned
jointly by such persons. A condominium may be residential, commercial,
or industrial in nature. See also the definition in the State Uniform
Condominium Act.[1]
The York County Conservation District.
A line on a topographical map connecting points of like elevation.
A profile of existing ground at right angles to the center
line.
The height of the center of a roadway surface above its edges.
A pipe, conduit or similar structure, including appurtenant
works, which carries surface water.
The raised edge of a pavement that confines surface water
to the pavement and protects the abutting land from vehicular traffic.
To lower the level of the surface of an existing grade, or
the vertical distance from the existing ground surface to the planned
grade line at a given point.
Calendar days.
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations and the subdivision
of land, as well as sewage disposal systems and water supply systems.
An improved surface for vehicular travel that provides access
between a street and a residential (except multifamily) or an agricultural
use lot.
The definitions in Chapter 133, Zoning, shall apply.
A limited right of use granted on private land for public
or private use by another party or parties, or a protective condition,
as in the case of drainage easements for protection and/or preservation
of a specified area.
A person licensed to practice as a professional engineer
in Pennsylvania.
The registered professional engineer designated by the Board
of Supervisors to perform all duties required of the Township Engineer
by the provisions of this chapter.
The proposed elevation of the land surface of a site after
the completion of all site preparation work.
A relatively flat or low land area adjoining a stream, river
or watercourse that is subject to partial or complete inundation;
or any area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
The elevation of ground or paving.
All construction operations between site clearing and building
or paving. Grading includes excavating, hauling, spreading and compacting
operations.
Paved surfaces that do not absorb precipitation. This term
shall include but not be limited to the following: parking areas,
driveways, roads, sidewalks, patios, and any similar areas of concrete,
brick, or asphalt shall be considered impervious surfaces. In addition,
all buildings and structures shall be considered as impervious surfaces
for computations of lot coverage.
An agreement, in a form and manner acceptable to Township,
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
Shall include any of the following activities, unless such definition
is revised by a later amendment of the Pennsylvania Municipalities
Planning Code:
The improvement of one or two or more contiguous lots, tracts
or parcels of land for any purpose involving either or both of the
following:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single principal
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
The following activities are excluded from the definition of
“land development” only when such land development involves
the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory structure, including a farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise that would be considered an amusement park.
For purposes of this subsection, an “amusement park” is
defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or any other person having a proprietary interest in land.
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.
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
No new lots will be created beyond what was previously approved;
No additional road/street segments or significant changes in
alignment are proposed other than what was previously approved;
No additional nonconformities will be created under Chapter 133, Zoning; and
No new land development will occur other than a land development
that was previously approved or buildings to support crop farming.
A lot extending between and having frontage on a local street
and either an arterial or collector street, with vehicular access
solely from the local street. The front setback regulations of the
zoning district in which the lot is located shall apply to both street
frontages.
An agreement, in a form and manner acceptable to the Board
of Supervisors, requiring the developer of required improvements to
make any repairs or reconstructions and to maintain such improvements
for a certain period.
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that required improvements shall be maintained by the developer. (NOTE:
These guaranties typically include acceptable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements).
See “subdivision, major” and “subdivision,
minor.”
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel, or contiguous parcels, of land that has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
An open lot for the outdoor display of new or used mobile
homes.
The Pennsylvania Municipalities Planning Code, as amended.[2]
A flood that, on the average, is likely to occur every 100
years (such as that has a one-percent chance of occurring each year,
although the flood may occur in any year).
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, or parking areas, but which may include areas
occupied by walkways, picnic pavilions, play equipment and other noncommercial
outdoor recreation facilities.
See “common open space.”
Common open space owned by a government agency or the Township
for public recreation.
A pedestrian accessway which is not adjacent to a road/street
or access drive and conforms with this chapter.
The Pennsylvania Department of Transportation.
Financial security which is acceptable to the Board of Supervisors
to ensure that the developer will install required improvements. (NOTE:
This typically includes irrevocable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements).
A map of a land development or subdivision and accompanying
notations.
SKETCH PLANAn informal plan, identified with the title "sketch plan" on the map, indicating the general layout of the proposed subdivision or land development.
PRELIMINARY PLANA complete plan, identified with the title "preliminary plan," accurately showing proposed roads/streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan, identified with the title "final plan," including the plan prepared for official recording as required by this chapter.
Unless otherwise stated, the Jackson Township Planning Commission.
A line on a drawing which shows elevations of points along
a selected route. A profile usually shows both ground elevations and
grade elevations.
A regular meeting of the Township Planning Commission at
which such Commission is authorized to conduct official action and
which has been scheduled based upon an annual meeting schedule (as
may be adjusted by the Chairperson) and which is not a workshop meeting
or the official public meeting on an ordinance amendment.
As defined by the Pennsylvania Municipalities Planning Code.
(NOTE: As of 2008, this included the following definition: "Notice
published once each week for two successive weeks in a newspaper of
general circulation in the Township. Such notice shall state the time
and place of the hearing and the particular nature of the matter to
be considered at the hearing. The first publication shall not be more
than 30 days and the second publication shall not be less than seven
days from the date of the hearing.")
A sewage disposal system that is owned and operated by a
local government authority or by a local public utility company controlled
by a government authority.
A water supply system that is owned and operated by a local
government authority or by a local public utility company controlled
by a government authority.
Land intended for noncommercial recreation by residents of a development or by the general public and which meets the requirements of § 113-65.
A legal right of passage across land occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric or
telecommunication transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or for another special
use. If the right-of-way involves maintenance by a public agency,
it shall be dedicated to public use by the maker of the plat on which
such right-of-way is established.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of the PADEP and the Township.
CENTRAL SEWAGE SERVICEService by a sewage disposal system which collects, treats and disposes of sewage from more than one lot.
PUBLIC SEWAGE SERVICEService by public sewer, as defined above.
COMMUNITY SEWER SERVICEService by a community sewer system, as defined above.
ON-LOT SEWAGE SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one lot.
A pedestrian accessway which is adjacent to a road/street
or access drive and conforms to the regulations of this chapter.
The latest version of the Official Soil Survey of York County,
published by the United States Natural Resource (formerly "Soil")
Conservation Service, or more updated and detailed information prepared
by such agency.
The government of the Commonwealth of Pennsylvania (PA) and
its relevant subparts.
The Pennsylvania Municipalities Planning Code, as amended.[3]
An area of 15% or greater slope calculated by determining
the vertical difference in feet per 100 feet of horizontal distance.
A public or private way, excluding driveways, alleys, and
access drives, that affords the principal means of access to abutting
properties, intended to be used by vehicular traffic or pedestrians.
It includes street, avenue, boulevard, road, highway, freeway, lane,
viaduct, and any other dedicated and accepted public right-of-way
or private right-of-way. The terms "street" and "road" shall have
the same meaning.
The functional classifications of streets shall follow the
Transportation Plan Map in the Comprehensive Plan. Such classifications
may be amended through an amendment of the Comprehensive Plan or an
amendment of this chapter.
ARTERIAL STREETA street that primarily provides connections to areas with a population of 25,000 persons and over. An arterial street is typically owned and maintained by the state and typically has an average daily traffic exceeding 3,500 vehicles. Arterials within Jackson Township are divided into the following types:
RURAL PRINCIPAL ARTERIAL STREETA non-interstate principal arterial highway that is located outside of major urbanized areas and that serves a higher amount of traffic than a rural minor arterial street.
RURAL MINOR ARTERIAL STREETAn arterial street that forms a network to link cities and towns (and other generators that are capable of attracting travel over similarly long distances) and that forms an integrated network providing primarily intercounty service.
COLLECTOR STREETA street that collects traffic from local streets and directs that traffic to arterial streets. A collector street typically is designed to eventually serve 1,500 to 3,500 vehicles per day. All existing collector streets within Jackson Township are currently classified by the Comprehensive Plan as rural minor collectors. Collector streets within Jackson Township are divided into the following types:
MAJOR COLLECTOR STREETSThis type of collector street is designed to provide service to towns that are not served by streets with a higher classification and to other traffic generators of equivalent intercounty importance and then to link this traffic with nearby larger towns and routes of higher classification. This type of street also serves important intercounty travel corridors.
MINOR COLLECTOR STREETSThis type of collector street is designed to be spaced at intervals, consistent with population density, to collect traffic from local streets and bring all developed areas within a reasonable distance of a collector street. This type of street also provides service to the remaining smaller communities and links locally important traffic generators with the rural hinterland.
LOCAL STREET or LOCAL ACCESS STREETThis type of street primarily is designed to provide access to adjacent land and provide travel over relatively short distances, compared to collector streets.
ALLEYA minor right-of-way, privately or publicly owned, primarily for vehicular access to the rear of properties.
A type of street which is terminated at one end by a permitted
turnaround and which intersects another street at the other end.
A street that turns into and reconnects with its main axis,
with lot area remaining between the two segments of street, and which
has a single point of access from the cul-de-loop street to any preexisting
street.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be the street grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. This is commonly known
as the street "right-of-way line."
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
A street that is not owned or maintained by the state or
the Township.
A vehicle accessway that connects residential lots to an
approved street where the residential lots do not abut the approved
street. A private access street shall have a minimum right-of-way
of 20 feet. Construction and maintenance of a private access street
shall be the sole responsibility of owners benefitted by the use of
the street and shall not be offered to the municipality for public
maintenance.
See "developer."
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 future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development.
The subdivision by lease of land for agricultural purposes into
a parcel of more than 10 acres, not involving any new street or easement
of access or residential dwellings, is not a subdivision.
The staff-person(s) charged by the Board of Supervisors with
the responsibility of administering the subdivision application submission
procedure. Said staff persons shall be the Township Engineer and Zoning
Officer of Jackson Township, unless the Board of Supervisors designates
an alternative person.
A subdivision involving:
A subdivision involving five lots or fewer and which involves
no new streets or other public improvements, except curbs and street
widening required along a public street.
The Jackson Township Subdivision and Land Development Ordinance,
as amended.
In the judgment of the Township Engineer, at least 90% (based
upon the cost of the required improvements for which financial security
was posted) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
Jackson Township, York County, Pennsylvania. Unless otherwise
stated, this shall mean the Board of Supervisors and its authorized
agents.
United States Geological Survey, or its successor agency.
A vehicle movement in one direction, with the origin or destination
within the study area.
A strip of land, including a right-of-way, dedicated to public
use in order to facilitate pedestrian access through or into a block.
Service by a water system which transmits water from a common
source to more than one lot.
COMMUNITY WATER SERVICEService by a community water system, as defined above.
PUBLIC WATER SERVICEService by a public water system, as defined above.
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed, and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.
Service by a water system which transmits water from a source
on the lot to only one lot.
