As used in this chapter, words in the singular include the plural, and those in the plural include the singular. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The words "building" and "structure" shall be construed as if followed by the phrase "or part thereof." The following words as used in this chapter shall have the meanings indicated below. (See Article
IX §
117-52D, Article
XI §
117-58 and Article
XII §
117-64 for other definitions of words pertaining to those articles.):
ACCESS DRIVE
A paved surface, other than a street, which provides vehicular
access from a street or private road onto and into a lot.
ACCESSORY BUILDING
A building the use of which is subordinate to the principal
use and detached from the main building and located on the same lot
with such principal use or main building.
ADT
Average daily traffic volume.
AGRICULTURAL PURPOSE
The use of a tract of at least 10 acres in size for the purpose
of active cultivation or animal raising as a means of obtaining income.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed or who intends to file an application for development, including
his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a land development plan.
AUTO TURN ANALYSIS
Software used in conjunction with a computer-aided design
and/or drafting program, to show a design vehicle's swept path width
on a roadway/intersection design. The swept path width of a vehicle
shows where the tires (or overhang for certain vehicles such as some
fire trucks) of the design vehicle will travel to determine if a radius/curve
is adequate.
BLOCK
An area bounded by streets with at least two building lots.
BUILDING
Any combination of materials forming any structure, which
is erected, on the ground and permanently affixed thereto, designed,
intended or arranged for the housing, sheltering, enclosure or structural
support of persons, animals or property of any kind.
[Amended 10-5-2015 by Ord. No. 2015-08]
BUILDING SETBACK LINES
Lines parallel to any front, side or rear lot lines a distance
equal to the depth of the required yard.
CARTWAY
The portion of a street intended for vehicular use.
CLEAR-SITE TRIANGLE
An area of unobstructed vision at street intersections (whether
public or private), private driveways, and/or access drives, defined
by lines of sight between points at a given distance from the intersection
of the street or drive center lines.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of a development as stipulated
in this chapter, not including streets, areas set aside for public
facilities, and off-street parking areas.
COUNTY
The County of Adams, Commonwealth of Pennsylvania.
CROSSWALK
(1)
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway, measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway; and, in the absence of
a sidewalk on one side of the roadway, that part of a roadway included
within the extension of the lateral lines of the existing sidewalk.
(2)
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
DEVELOPER
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 land development.
DEVELOPMENT PLAN
The provisions for development, a plan of subdivision, all
covenants relating to use, location and bulk of buildings and other
structures, intensity of use or density of development, streets, ways
and parking facilities, common open space and public facilities. The
phrase "provisions of the development plan" when used in this chapter
shall mean the written and graphic materials referenced in this definition.
DRAINAGE
The flow of water and the methods of directing such flow.
DWELLING UNIT
Any building or part thereof, designed, occupied, or intended
for occupancy as a separate living quarter, with cooking, sleeping,
and sanitary facilities provided for the exclusive use of persons
living as a single family maintaining a household.
EASEMENT
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such right pertains.
ENGINEER
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of engineering. The term "engineer"
includes a firm, association, corporation, or other entity engaged
in the practice of engineering with at least one member who is licensed
and registered under the laws of this commonwealth and who is responsible
for the work product of the entity.
EQUIVALENT DWELLING UNIT
Also known as "EDU" and "edu," a single-family dwelling or
that part of a multiple-family dwelling or a commercial or industrial
establishment with water needs and/or sewage discharge (for planning
purposes) assumed to be 400 gallons per day (gpd) for each unit.
EROSION
The group of natural processes, including weathering, dissolution,
abrasion, corrosion, and transportation, by which material is worn
away from the earth's surface.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
materials is dug into, cut, carried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
EXPRESSWAY
A limited-access high-speed highway of four or more travel
lanes with public access onto and off of the highway limited to on-ramps
and off-ramps.
FILL
(1)
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom.
(2)
The difference in elevation between a point on the original
ground and a designated point of higher elevation of the final grade.
(3)
The material used to make fill.
FRONTAGE
The portion of a lot abutting any street right- of-way line
other than that of a limited access highway, as defined in Section
102 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102.
[Added 1-3-2023 by Ord. No. 2023-01]
GOVERNING BODY
The Board of Supervisors of the Township of Straban, Adams
County, Pennsylvania.
GROUNDWATER RESOURCE STUDY
A report detailing a region's water supply including the feasibility of constructing a new water supply system for a potential new residential or nonresidential development. (See also §
117-20I(3), Preliminary plan supplementary data and reports, water supply).
IMPROVEMENT
A valuable addition made to real property, amounting to more
than mere repairs or replacement of waste, costing labor or capital,
and intended to enhance its value, beauty or utility or to adapt it
for new or further purposes.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(b)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
(d)
Land development does not include development which involves
the addition of an accessory building less than 1,000 square feet
or, in the case of farm accessory buildings, less than 5,000 square
feet on a lot or lots subordinate to an existing principal building.
LANDOWNER
For the purposes of land development plans and applications,
the legal or beneficial owner or owners of land including the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if authorized under
the lease to exercise the rights of the landowner, or other person
having proprietary interest in land, including an individual, partnership
association, limited partnership association or corporation.
LAND USE PERMIT
Formerly known as "building permit,” a land use permit
is a document issued by the Zoning Officer to indicate that plans
for new construction, alteration of a building, alteration of a site
plan, and/or change of use of a property comply with all applicable
land use laws and regulations of the Township. It does not signify
compliance with or adherence to any requirements for construction
of improvements regulated by the Pennsylvania Construction Code Act, the Uniform Construction Code, or their amendments, alterations
and/or replacements.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
LOT AREA/BASE SITE AREA
The area contained within the property lines of a lot as shown on a subdivision plan as calculated in this chapter. (See §
117-34 for calculation of lot area.)
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangent
to the curve at the points beginning within the lot or at the points
of intersection of the side lot lines with the street lines tangent
at an angle of less than 135°.
LOT LINE
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
LOT LINE, FRONT (STREET LINE)
A lot line separating the lot from the street right-of-way.
In the case of a corner lot, the lines extending along all street
rights-of-way shall be considered front lot lines. In the case of
a lot other than a corner lot that fronts on more than one street,
the lines extending along all street right-of-way lines are front
lot lines.
LOT LINE, REAR
A lot line opposite and most distant from the front lot line.
In the case of triangular or otherwise irregularly shaped lots, a
line 10 feet in length entirely within the lot, parallel to and at
a maximum distance from the front lot line. In the case of corner
lots, the rear lot line is the opposite and parallel to the street
on which the structure fronts.
LOT, PANHANDLE
A lot that is connected to a public street or a private street
by a narrow strip of land that is part of the lot but is generally
not suitable for any building or structure.
LOT WIDTH
The required distance between the side property lines measured
at the frontage.
[Amended 1-3-2023 by Ord. No. 2023-01]
MOBILE HOME
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MPC
See “Municipalities Planning Code” definition.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945,” as amended.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended, and as may be further
amended, 53 P.S. § 10101 et seq.
OPEN SPACE
Any parcel or area of land and/or water essentially unimproved
and set aside, dedicated, or reserved for public or private use as
stipulated in this chapter. These undeveloped land areas may have
important ecological functions, natural resources, or cultural resources
that are worthy of conservation and protection. Such areas may contain,
but are not limited to, forests, farmland, floodplains, and wetlands.
Open space can also encompass scenic vistas, recreational areas, and
historic sites.
PADEP (DEP)
Pennsylvania Department of Environmental Protection.
PARENT TRACT
Each tract of land held in single and separate ownership
on the effective date of the Subdivision and Land Development Ordinance,
Ordinance No. 27, adopted October 7, 1985, as amended.
PARK
A tract of land, designated and used for active and/or passive
recreation.
PARKING LOT
Any lot, parcel or yard used in whole or in part for the
storage or parking of two or more vehicles where such usage is not
incidental to or in conjunction with a single-family or two-family
dwelling unit.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle, exclusive of passageways and driveways appurtenant thereto
and giving access thereto, and having direct access to a street, alley
or aisle.
PennDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PLAN, FINAL
A complete and exact subdivision or land development plan
prepared for official recording as required by statute.
PLANNING COMMISSION
The designated planning agency of the Township of Straban
whose members are appointed by the Township Board of Supervisors.
PLAN/PLAT
A map or plan of a subdivision or land development, whether
preliminary or final, submitted as a single or multiphased project.
PLAN, PRELIMINARY
A proposed subdivision or land development plan prepared
for official recording as required by statute.
PLAN, SKETCH
An informal plan, not necessarily to exact scale, indicating
existing features of a tract, its surroundings and the general layout
of a proposed subdivision or land development.
PUBLIC GROUNDS
Includes:
(1)
Parks, playgrounds, trails, pathways and other recreational
areas and other public areas.
(2)
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
(3)
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body, or planning agency intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the Pennsylvania
Municipalities Planning Code.
PUBLIC NOTICE
As defined by the State Municipalities Planning Code, as
amended. Notice published once a week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time, place and date of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be less than seven days from the date of hearing.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
SALDO
Straban Township Subdivision and Land Development Ordinance.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by wind, water or gravity. Once this matter is deposited
(or remains suspended in water), it is referred to as "sediment."
S.E.O.
Sewage Enforcement Officer.
SEWAGE DISPOSAL SYSTEM
A system to collect, treat and dispose of sewage.
(1)
PUBLIC SEWERA 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 or at another site approved and permitted by the Pennsylvania Department of Environmental Protection.
(2)
INDIVIDUAL SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal.
SIGHT DISTANCE
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by moving or stationary objects.
SITE AREA
The area, including all properties and all land areas subject
to off-site improvements, located within a land development plan.
SLOPE
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
STREET
Street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians whether public or private.
(1)
MAJOR ARTERIALHigh-speed roadways of a regional or interstate nature, which may traverse a municipality.
(2)
ARTERIALA major street or highway which carries significant traffic volumes between neighboring communities or within the Township as well as used as a primary traffic artery for intercommunications among large areas.
(3)
COLLECTOR STREETA roadway that generally transports primarily local traffic between arterial roads and the minor streets and roads throughout the Township. A major street or highway which carries traffic from minor streets to arterial streets, possibly including the principal entrance streets of a large residential development and streets for circulation within such development.
(4)
MINOR STREETA roadway generally designed to function as a means of direct access onto adjoining parcels of land.
(5)
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
(6)
ALLEY or SERVICE DRIVEA minor right-of-way privately or publicly owned, primarily for service access to the rear or side of properties.
(7)
LOOP ROADRoad of limited length forming a loop, having no other intersecting road, and functioning mainly as direct access to abutting properties. A loop may be designated for one-way or two-way traffic.
(8)
AUXILIARY LANEThe portion of the roadway adjoining the traveled way for parking, turning or other purposes supplementary to through-traffic movement.
(9)
ROUNDABOUTA road junction at which traffic streams circularly around a central island.
(a)
CENTRAL ISLANDA raised, nontraversable area located centrally within a roundabout or circulatory roadway.
STREET CENTER LINE
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
STREET LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly know as the "street
right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVIDER
The owner or authorized agent of the owner of a lot, tract
or parcel of land to be subdivided for sale or development under the
terms of this chapter.
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 future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posed pursuant to the requirement of this chapter) of
those improvements required as a condition for the 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.
SURFACE DRAINAGE PLAN
A plan showing all present and proposed grades and facilities
for stormwater drainage.
TOPSOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A" horizon.
TOWNSHIP
The Township of Straban, Adams County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer or a firm licensed as such in the
Commonwealth of Pennsylvania, duly appointed as the engineer for Straban
Township.
UNDERGROUND UTILITY SURFACE APPURTENANCES
Any feature from an underground utility, including, but not
limited to, water, sewer, electric, telecommunications, and gas utilities,
that extends to the ground surface and is installed in a manner that
is level with, depressed below, or elevated above the surrounding
grade. Examples shall include, but not be limited to, manholes, valves,
access vaults, valve boxes and cleanouts.
[Added 7-3-2017 by Ord.
No. 2017-03]
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner improved or prepared for subdivision or land
development or the construction of a building.
USGS
An abbreviation for United States Geological Survey.
WATERCOURSE
A stream of water, river, brook, creek or a channel of a
perceptible extent, with definite bed and banks to confine and conduct
continuously or periodically flowing water.