Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meaning indicated
below.
Words used in the singular include the plural,
and words used in the plural include the singular. The word "person"
indicates a corporation, an unincorporated association, a partnership
or any other entity, as well as an individual. The word "buildings"
includes "structures" and shall be construed as if followed by the
words "or a part of." The word "street" includes "highway," "road,"
"avenue" and "lane." The word "watercourse" includes "drain," "ditch"
and "stream." The word "may" is permissive; the words "shall" and
"will" are mandatory. References to codes, ordinances, resolutions,
plans, maps, governmental bodies, commissions or agencies, or officials,
are to codes, ordinances, resolutions, plans, maps, governmental bodies,
commissions or agencies, or officials, of the Township of Warwick
or the authority as in effect or office from time to time including
amendments thereto or revisions or successors thereof, unless the
text indicates that another reference is intended.
Other terms or words used herein shall be interpreted
or defined as follows:
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one single-family dwelling unit or farm. (See also
"street.")
AGRICULTURAL LAND
Land used exclusively for the tilling of the soil, the raising
of crops, forestry, horticulture and gardening, including the keeping
or raising of livestock such as cattle, cows, hogs, horses, sheep,
goats, poultry, rabbits, birds, fish, bees and other similar animals.
This definition also includes land used for noncommercial greenhouses
and mushroom houses.
APPLICANT
A developer and/or landowner, as hereinafter defined, including
heirs, successors and assigns, who has filed an application for subdivision
and/or land development.
AUTHORITY
Warwick Township Municipal Authority, its successor, or any
other municipality authority created under the Laws of the Commonwealth
of Pennsylvania.
BLOCK
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads and/or watercourses.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof or other covering and designed or used for the shelter
or enclosure of any person, animal or property of any kind, including
tents, awnings or vehicles situated on private property and used for
purposes stated above. For the purposes of this section, the word
"building" shall include gas or liquid storage tanks.
A.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
B.
BUILDING, PRINCIPALA building which is enclosed within exterior walls or fire walls, which is built, erected and framed of component structural parts, which is designed for housing, shelter, enclosure and support of individuals, animals or property of any kind, and which is a main structure on a given lot.
(3)
ATTACHEDA building which has two or more party walls in common.
BUILDING SETBACK LINE
A line within a lot which is equidistant from a front, side or rear lot line which represents the minimum separation distance between the street right-of-way or lot line to the limits of the building line as determined by the yard requirements of Chapter
340, Zoning. If any portion of the front lot line is not within a street right-of-way, such distance shall be measured between such portions of the front lot line and the front building line.
CARTWAY
That portion of a street or alley right-of-way that is intended
for vehicular movement.
CHAIRMAN
The Chairman of the Board of Supervisors of Warwick Township.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection defined
by a line of sight between points at a given distance from the intersection
of the street center lines.
COMMISSION
The Warwick Township Planning Commission.
COMPREHENSIVE PLAN
The official public document prepared in accordance with
the Municipalities Planning Code consisting of maps, charts and textual
material, that constitutes a policy guide to decisions about the physical
and social development of Warwick Township.
CONDOMINIUM
A method of owning property whereby each property owner has
title to an individual condominium unit and title in common with all
other unit owners to common elements as regulated by the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
DEDICATION
The deliberate appropriation of land by its owner for general
public use.
DEED
A written instrument whereby an estate in real property is
conveyed.
DENSITY
The number of dwelling units or units of occupancy permitted in relation to the gross land area of the site, exclusive of existing perimeter public or private street rights-of-way and areas within the floodplain zone as described in Chapter
340, Zoning.
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 a land development.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of storm sewer or
drainage facilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
or to safeguard the public against flood damage.
DRIVEWAY
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or farm or two dwelling units and/or farms for shared
driveway. (See also "street.")
EASEMENT
A right-of-way granted for limited use of private land for
a public or quasi-public or private purpose, and within which the
owner of the property shall not have the right to make use of the
land in a manner that violates the right of the grantee.
ELEVATION
The horizontal alignment of a surface, as it exists or as
it is made by cut and/or fill.
B.
ROAD GRADEThe rate of rise and fall of a road surface, measured along the profile of the center of the cartway.
ENGINEER
A professional engineer registered by the Commonwealth of
Pennsylvania.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD, BASE (ONE-HUNDRED-YEAR FLOOD)
A flood volume likely to occur once every 100 years (e.g.,
that has a one-percent chance of occurring each year, although the
flood may occur in any year).
FLOODPLAIN
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to
the unused and rapid accumulation of runoff of surface waters from
any source.
FLOODPROOFING
Any combination of structural and/or nonstructural additions,
changes, or adjustments to properties and structures which reduces
or eliminates flood damage to land, water, sewage facilities, buildings
and contents of buildings.
FLOODWAY
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the base flood elevation more than one foot.
(See figure shown below.)
A.
FLOOD ELEVATION AFTER ENCROACHMENT
B.
FLOOD ELEVATION BEFORE ENCROACHMENT
FLOODWAY FRINGE
That portion of the floodplain which could be completely
obstructed without increasing the water surface elevation of the one-hundred-year
flood more than one foot at any point.
HALF STREET
A street of less than the required right-of-way and/or cartway
width.
IMPROVEMENT
The making of physical changes to the land including, but
not limited to, grading and paving, installment of curbs, gutters,
stormwater management facilities or sidewalks and extensions and/or
installation of water supply facilities and/or sanitary sewer facilities
in order to prepare the land for two or more residential units of
occupancy or one or more nonresidential units of occupancy. Improvement
shall also include the erection of a nonresidential building, the
addition of more than four square feet to a nonresidential building,
the conversion of a nonresidential building into a greater or lesser
number of units of occupancy, or the conversion of a single-family
residence into four or more dwelling units. Improvement shall not
include the erection of a residential accessory building or structure
including, but not limited to, attached or detached garages, swimming
pools or tennis courts or the erection of an accessory building or
structure for agricultural purposes on a farm.
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.
LANDOWNER
The legal, beneficial, equitable 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/she is authorized under the lease to exercise the rights of
the landowner) or another person having a proprietary interest in
land.
LATERAL
A utility line between a utility easement and the building
which the line serves.
LOT
Any parcel or tract of land intended as a single unit for
purposes of ownership, transfer of ownership, use, rent, improvement
or development. The word "lot" includes the word "plot," "parcel"
or "tract." Contiguous nonconforming lots of record under single and
separate ownership shall be considered one lot for the purposes of
this chapter. A lot as herein defined may or may not coincide with
a lot of record.
A.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side and one rear yard.
B.
LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.
C.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT AREA
The area contained within the property lines of the individual
parcel of land, excluding any area within the street right-of-way,
but including the area of any utility easement.
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and reverse frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
LOT FRONTAGE
That side of a lot abutting on the street right-of-way and
regarded as the front of the lot.
LOT LINE MARKER
A metal plate or pin used to identify lot line intersections.
LOT WIDTH
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the right-of-way
line for the non-address street and the directly opposite property
line. Unless otherwise noted, lot width shall be measured at the building
setback line and the street frontage.
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 erection 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.
MONUMENT
A concrete or stone monument used to identify street line
intersections.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted by Act 170 of
1988, 53 P.S. § 10101 et seq., and as further amended.
NONRESIDENTIAL
Any use other than single or multifamily dwellings. An institutional
use in which persons may reside including, but not limited to, dormitories,
nursing homes or hospitals, shall be considered a nonresidential use.
OFFICIAL MAP
An official map prepared in accordance with Article
IV of the Municipalities Planning Code.
ORDINANCE
The Warwick Township Subdivision and Land Development Ordinance
of 1996 (this chapter).
PADOT
See "Department of Transportation."
PEDESTRIAN WAY
A right-of-way, publicly or privately owned, intended for
pedestrian traffic.
PERFORMANCE GUARANTEE
Any security which may be accepted in lieu of a requirement
that certain improvements be made prior to final plan approval.
PLAN
A.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in §
285-12 of this chapter.
B.
IMPROVEMENT CONSTRUCTION PLANA complete and exact subdivision and/or land development plan, prepared in accordance with §
285-7G of this chapter, the sole purpose of which is to permit the construction of only those improvements required by this chapter as an alternative to guaranteeing the completion of those improvements by a corporate bond or other security.
C.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in §
285-13 of this chapter.
D.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in §
285-11 of this chapter showing approximate locations.
E.
RECORD PLANA final plan which contains the original endorsement of the Township, the Warwick Township Planning Commission and the Lancaster County Planning Commission which is intended to be recorded with the Lancaster County Recorder of Deeds.
F.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with §
285-10 of this chapter.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, for which the development plan does not correspond in lot size, bulk, or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of Chapter
340, Zoning, as provided for through Article
VII of the Municipalities Planning Code.
RECREATION AREA
The amount of land in any given subdivision or land development
that shall be dedicated for recreation use and/or open space purposes.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street,
alley, pedestrian way or for other public or private use.
RUNOFF
The surface water discharge and rate of discharge of a given
watershed after a full rain or snow that does not enter the soil but
runs off the surface of the land.
SECRETARY
Secretary of the Township of Warwick.
SEDIMENTATION
The process by which soil or other surface material is accumulated
or deposited by wind, water or gravity.
SIGHT DISTANCE
The length of road visible to the driver of a passenger vehicle
at any given point in the road when viewing is unobstructed by traffic.
SOIL SURVEY REPORT
The most recent edition of the Soil Survey of Lancaster County,
Pennsylvania, published by the U.S. Department of Agriculture, Soil
Conservation Service.
STORM DRAINAGE PLAN
A plan showing all present and proposed grades and facilities
for stormwater drainage.
STREET
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular and
pedestrian travel and furnishing access to abutting properties, which
may also be used to provide space for sewers, public utilities, shade
trees and sidewalks. Streets shall conform to one of the following
categories:
A.
ARTERIAL STREETA street which provides for intercommunity travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on local streets.
B.
COLLECTOR STREETA street which provides access to a residential land use with a density in excess of four dwelling units per acre, an industrial land use or a commercial land use and/or serves as the main entrance or circulation street in any development.
C.
SPECIAL COLLECTOR STREETA collector street which minimizes access points, permits no on-street parking, eliminates or minimizes driveways.
D.
LOCAL STREETA street which provides access to a residential land use with a density of four or less dwelling units per acre or an institutional land use.
E.
MARGINAL ACCESS STREETA minor street one side of which is parallel and in close proximity to a major street and the other side of which provides access to abutting properties.
F.
SERVICE STREET (ALLEY)A strip of land over which there is a publicly or privately owned right-of-way, and on which no parcel fronts, which provides the secondary means of access for two or more properties.
STREET LINE (RIGHT-OF-WAY LINE)
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
STREET, PRIVATE
A street not offered for dedication or whose dedication was
not accepted by the Township.
SUBDIVISION
The division or redivision of a lot, tract or parcel 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.
SURVEYOR
A surveyor registered in the Commonwealth of Pennsylvania.
SWALE
A wide shallow ditch which gathers or carries surface water.
TOWNSHIP
Warwick Township, Lancaster County, Pennsylvania.
TRAVEL TRAILER
A portable, vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short term use.
TRIP (VEHICULAR)
A single or one direction vehicle movement with either the
origin or the destination (exiting or entering) inside the study site.
UNIT OF OCCUPANCY (see also "DWELLING UNIT")
A unit, the use of which is not subordinate or customarily
incidental to a principal unit. A unit of occupancy can be either
residential or nonresidential and can be an independent unit within
a structure or a separate detached structure. Types of units are as
follows:
B.
SEMIDETACHED UNITA unit within a structure in which two units are side by side, each having open space on three sides (e.g., a twin or semidetached dwelling).
C.
HORIZONTALLY ATTACHED UNITA unit within a structure in which three or more units are attached by vertical walls and do not have horizontal divisions between units (e.g., townhouses, rowhouses, shopping center with multiple storefronts).
D.
VERTICALLY ATTACHED UNITA unit within a structure in which two or more units are attached by horizontal divisions (e.g., multistory apartment building or multistory office building).
URBAN GROWTH BOUNDARY (UGB)
A boundary line identified upon the future land use map within
the Warwick Township Comprehensive Plan (dated August 1993, as amended)
which delineates the extent to which planned urban land uses (e.g.,
homes, businesses, industries and civic uses) are provided for within
the time frame of the Comprehensive Plan. Areas within the UGB will
be provided with public utilities and services. By contrast areas
beyond the UGB represent locations in which the rural landscape (e.g.,
farms, rural homes, other related rural uses and open spaces) will
be largely preserved.
WAIVER
A process for alleviating specific requirements imposed by this chapter and provided under §§
285-51 and
285-7I of this chapter.
WATERCOURSE
A permanent or intermittent stream, river, brook, creek,
channel or swale, whether natural or man-made, for gathering or carrying
surface water.
WATERSHED
All land and water within the confines of a drainage basin.
WETLANDS
Area with the characteristics of wetland, as defined by the
U.S. Environmental Protection Agency, U.S. Army Corps of Engineers,
Pennsylvania Department of Environmental Protection and the U.S. Soil
Conservation Service. Wetland areas are not limited to the locations
delineated on wetland maps prepared by the U.S. Fish and Wildlife
Service.