For purposes of this chapter, certain terms or words used herein
are defined as follows:
A. The word "person" or "developer" includes a firm,
association, organization, partnership, trust, company, or corporation
as well as an individual.
B. The present tense includes the future tense.
C. The singular number includes the plural, and the plural
number includes the singular.
D. The word "shall" is mandatory; the word "may" is permissive.
E. Words generally found in legal terminology and not otherwise defined in §
275-8 shall be considered to have meanings in this chapter similar to their generally held definition in a court of law.
[Amended 8-9-1989 by Ord. No. 907]
As used in this chapter, the following terms
shall have the meanings indicated:
ACCESS LANE
The passage within a parking area allowing traffic to enter
and leave the individual parking spaces.
ACCESS POINT
A location along the frontage of a property providing connection
between the property and the adjacent highway.
ACCESSORY STRUCTURE
A building used for an activity in support of but secondary
to the principal use of the property, such as a garage on a residential
lot.
AGRICULTURAL PURPOSES
The cultivation of field crops, orchard produce or forests,
or the raising and maintenance of cattle, sheep, horses, pigs or fowl.
ALIGNMENT
The vertical or horizontal line to which a street, road or
utility adheres in its passage across, over or under the land.
AMENDMENT
A change in these regulations, including addition of new
requirements, revision of existing requirements or deletion of obsolete
requirements, necessitating public hearings and formal adoption by
the Board of Supervisors before becoming effective.
APARTMENT BUILDING
A building designed to contain at least three dwelling units,
each with access to the outside via a common interior walkway and
stair system, or by individual exits, or any combination.
APPLICATION
A formal request, in writing, by a developer for consideration
of a proposal to develop land in accordance with the requirements
of these regulations.
BERM
The graded strip, usually filled with crushed stone, along
each side of a street pavement when curbs are not present, designed
to direct stormwater from the pavement to a gutter, and to provide
a stable location for disabled or parked vehicles off the pavement.
BLOCK
An area of land, generally in a plan of lots, surrounded
by streets.
BOUNDARY
A line that demarcates the edge of a municipality, a development
plan, zoning district, property or other land area.
BUILDING
Any permanent man-made structure attached to or into the
ground enclosing a volume of space and intended to shelter or contain
people, animals, businesses and activities associated with any of
them.
[Amended 12-21-2011 by Ord. No. 1044]
BUILDING PERMIT
A document issued by the Township attesting that a proposal
for construction meets all requirements of these regulations and other
applicable development ordinances in force and allowing such proposed
construction to commence.
BUFFER
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other landscaping material and within which
no structure is permitted except a wall or fence. The purpose of a
buffer is to place additional horizontal space between potentially
conflicting land uses.
[Added 12-7-2016 by Ord.
No. 1076]
CENTER LINE
A line running parallel to and equidistant from the edges
or curbs on each side of a street.
COMMISSION
Unless indicated specifically as the County Planning Commission,
the term refers to the local Township Planning Commission.
COMMON OPEN SPACE
Undeveloped land within a multifamily residential development
or other land development owned and maintained jointly by the residents
of the development for their exclusive benefit.
CONTOUR
An imaginary line connecting all points with the same elevation
above or below a fixed base point whose elevation is known.
CORNER LOT
A property that abuts two adjacent streets that intersect
at one corner of the lot.
COVENANT
An agreement legally binding successor owners of a property
to certain conditions regarding use of the property stipulated by
the original owner and running with the land.
COVERAGE
The portion of a lot occupied on the ground by permanent
buildings, but excluding driveways, parking areas, patios, and other
areas at grade open to the sky.
CROSS SECTION
A cut through a road or utility at right angles to its length
revealing materials and dimensions of components of construction.
CUL-DE-SAC
A street with connection to other streets at only one end
and having a permanent vehicular turnaround at the closed end.
CURB
The raised edge of a street pavement designed to create a
gutter for stormwater removal, to eliminate the need for berms, and
to provide a guide for paving and snow removal.
CURVE
A rounded change of direction of an alignment that can be
described by radii and arc distances.
CUT
An excavation into earth material that has laid dormant for
at least two years.
DEDICATION
The designation of property, formerly privately owned, for
public or semipublic purpose, such designation stipulated in writing
and recorded by the private owner and accepted by the public or semipublic
body.
DENSITY
The measure of compactness per unit area such as the number
of families per net acre on the ground.
DEVELOPER
An individual, group or corporation that undertakes to improve
a property or properties in accordance with these regulations and
with concurrence of the Board of Supervisors.
DWELLING
A building designed exclusively for residential purposes
for one or more families on a permanent basis.
DWELLING UNIT
A series of connected enclosed rooms for the exclusive use
of one family, without interconnection to other such units, and containing
its own bathing, toilet, cooking and food storage facilities.
EASEMENT
A right-of-way grant across private property generally for
public utility lines or for access to another property beyond, passage
over which is guaranteed by the grantor to those entitled to use the
easement.
EROSION
The process of breaking down and carrying away of exposed
ground surfaces by action of wind, water and temperature change.
FAMILY
A single individual or two or more persons related by blood,
marriage or adoption or by court order, or not more than five unrelated
persons living together in a dwelling unit.
FILL
Earth material excavated elsewhere and deposited upon the
ground surface in the process of grading.
FINAL PLAN
The documentation presented by a developer to the Planning
Commission and Board of Supervisors for consideration under the terms
of these regulations after approval has been granted a preliminary
plan proposal that included the land area covered by the final plan.
FINISHED GRADE
The condition of the land surface after mechanical rough
and finished grading is completed and topsoil applied.
FREESTANDING STRUCTURE
A self-supported structural improvement greater than three
feet in height above ground level, which may include, but is not limited
to, freestanding or billboard signs, poles (not including public utility
poles), or antennae. "Freestanding signs" are defined as a self-supported
structural improvement greater than three feet in height above ground
level that is intended to communicate a message, service, facility,
commodity direction or any other information to the general public.
Freestanding signs include, but are not limited to, structures commonly
identified as billboard signs, directional signs, business signs and
advertising signs, but shall not include signs commonly identified
as political signs, religious displays devoid of business advertising
or directional content, traffic control signs owned and maintained
by a federal, state or local units of government within located within
public road rights-of-way. A "billboard sign" is a freestanding structural
improvement which represents a division or allocation of space for
the purpose of directing attention to a business commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises upon which the improvement is located.
[Added 10-10-2007 by Ord. No. 1026]
FRONT BUILDING LINE
An imaginary line parallel to the street right-of-way line
extending across a property between side lot lines a prescribed distance
from the right-of-way line and describing the limit of construction
on the property relative to the street.
FRONTAGE
The edge of a property abutting a public street. When a property
abuts two or more streets, frontage shall be considered the edge abutting
the principal street to which the property has access.
GRADE
The percentage that the center line of a street or sewer
line deviates from the level. A change of grade is a change in the
percentage. "To grade" means to mechanically alter the land surface
in the course of property development.
GUTTER
The low point or points in the cross section of a street
designed to collect and direct stormwater to a planned discharge off
the street surface.
HIGHWAY
A street carrying large traffic volumes between areas of
major traffic generation, usually a state-maintained street, and often
called a traffic arterial.
HOME OWNERS' ASSOCIATION
An association of persons resident in a lot plan or development
plan that has an interest in or outright ownership of a community
facility or facilities or common open space which it maintains, holding
the Township free of responsibility.
IMPOUNDMENT AREA
A natural or man-made concavity in the land surface designed
to accept storm drainage and to hold it for gradual release into a
receiving stream in order to minimize downstream flooding.
IMPROVEMENT BOND
A guarantee, backed by the developer's collateral held in
escrow, that improvements agreed upon as a condition of final plan
approval will be carried out as specified.
INTERMEDIATE REGIONAL FLOOD
The water level generated by a storm whose frequency can
be anticipated once in every 100 years, using current U. S. Army Corps
of Engineers criteria, and determined by detailed stream flow analysis.
LAND DEVELOPMENT
Any of the following activities:
[Amended 12-21-2011 by Ord. No. 1044]
A.
The improvement of one 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.
(3)
The construction of any structure or building.
C.
In accordance with § 503(1.1) of the
Pennsylvania Municipalities Planning Code, as amended, the following
activities shall be excluded from the definition of land development:
(1)
The conversion of a single-family residential
dwelling into two units; and
(2)
The addition of accessory buildings subordinate
to the principal buildings on residential and multifamily lots.
LOT
A property within a group of similar sized properties in
a plan available for development.
LOT AREA
The square foot or acre measurement of all the land surface
within a lot or property, except for street rights-of-way which shall
be considered as not less than 50 feet in width for purposes of calculation,
25 feet on each side of the street center line.
LOT WIDTH
The distance between the side lot lines measured along the
front building line of a lot.
MARKER
A permanent indication, established by a registered surveyor,
of specified points in a subdivision or planned development, as required
in these regulations.
MINOR STREET
A vehicular street serving the properties abutting it but
not intended to carry traffic collected from other streets.
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 without
a permanent foundation.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of at least two mobile homes.
MOBILE HOME SITE
A location in a mobile home park prepared to receive one
mobile home in accordance with the Township requirements governing
mobile home parks.
MODIFICATION
A grant by the Planning Commission allowing a developer to
proceed with a deviation of the regulations normally in force on his
property because unusual conditions are present not of the developer's
making but create a hardship for him, and the deviation will not be
contrary to the public interest and the purpose and intent of this
chapter.
[Amended 12-22-2004 by Ord. No. 1001]
MONUMENT
A permanent indication, established by a registered surveyor,
of points at changes of direction in the boundary of a subdivision
or development plan, or at points, of crossing street rights-of-way
within a plan.
MULTIFAMILY DEVELOPMENT
A grouping of dwelling buildings in an integrated plan approved
as a whole, with supporting off-street parking and recreation areas.
NO-MOW AREA
An area intended for return to native forest through natural
succession, accomplished by planting or encouraging the natural establishment
of wild plants.
[Added 12-7-2016 by Ord.
No. 1076]
OFF-SITE IMPROVEMENTS
Those public capital improvements which are not on-site improvements
and that serve the needs of more than one development.
[Added 10-10-2007 by Ord. No. 1026]
OFF-STREET PARKING
Accommodation for storage and maneuvering of motor vehicles
not within a public street.
ON-SITE IMPROVEMENTS
All improvements constructed on the applicant's property,
or the improvements constructed on the property abutting the applicant's
property necessary for the ingress or egress to the applicant's
property, and required to be constructed by the applicant pursuant
to any municipal ordinance, including, but not limited to, the municipal
building code, subdivision and land development ordinance, PRD regulations,
and zoning ordinance.
[Added 10-10-2007 by Ord. No. 1026]
OWNER OF RECORD
The individual or corporation whose name appears on the records
of the County Recorder of Deeds as the current owner of a property.
PARKING AREA
The portion of a lot or parcel set aside for motor vehicle
storage on a multifamily, commercial or industrial property.
PARKING SPACE
The location in a parking area laid out for storage of one
motor vehicle.
PETITION
An appeal to an elected or appointed public body asking for
review of a condition from which relief is requested, and attesting
that the appeal is supported by a constituency of sufficient size.
PLAN
An arrangement for development of a property, either for
sale or rental of lots or construction of buildings, including the
provision of improvements as required by this chapter.
PRELIMINARY PLAN
The documentation presented by a developer to the Township
in support of a subdivision or land development plan for consideration
under the terms of this chapter.
PRIVATE ROAD
A vehicular access to a second property as an easement over
the land from which the second property was subdivided, approved in
accordance with the requirements of this chapter.
PROFESSIONAL CONSULTANTS
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added 4-12-2006 by Ord. No. 1018]
PROFILE
A vertical cut along the center line of a street or utility
line indicating the vertical alignment of the street or utility line,
the vertical dimension often exaggerated to clarify the relation between
horizontal and vertical measurements.
PROPERTY or PARCEL
An area or tract of land, all portions of which are in the
same ownership and the boundary of which closes on itself.
PROPERTY LINE
The boundary line surrounding a property or any portion of
such line.
PUBLIC HEARING
An advertised meeting called by the Township and open to
the public at which testimony is gathered on a proposal for development
or a revision to these or other development regulations in order to
assist the Township in reaching a decision of approval or disapproval
on the proposal or revision.
PUBLIC IMPROVEMENTS
Those improvements contained in a plan for development of
a property required by the municipality to be built by the developer
as a condition of approval of his plan since the improvements will
ultimately be publicly maintained.
PUBLIC SEWER AND WATER SYSTEM
A system for sewage collection and disposal or water storage
and distribution developed, financed and operated by a public authority
or municipal governing body.
PUBLIC STREET
A right-of-way dedicated for public vehicular use which may
or may not have been accepted for maintenance by the Township.
RECORDING
The act of registering with the County Recorder of Deeds
a subdivision or land development plan which has received final approval
by the Township.
RIGHT-OF-WAY
A strip of land which has been dedicated for public use and
provides access to private property abutting it, connecting with other
rights-of-way; or an easement across private property for the passage
of public utilities, the disposal of stormwater, or restricted vehicular
use.
SCREEN or SCREENING
An arrangement of vegetative material, purposely built earthen
mound, or opaque architectural materials (such as a fence) of sufficient
height and density to conceal from view of adjoining or adjacent property
owners the structures and uses on the premises on which the screen
planting or material is located. The purpose of screening is to place
a vertical visual barrier between potentially conflicting land uses.
[Added 12-7-2016 by Ord.
No. 1076]
SEDIMENTATION
Material scoured from the earth surface by water action and
carried into nearby streams, raising their level and reducing their
water carrying capacity.
SERVICING AREA
The portion of a commercial or industrial property set aside
for the maneuvering and parking of trucks engaged in delivery and
loading of goods.
SETBACK
The distance between a property line and the line parallel
and closest to it within the property defining the limit of building
construction.
SETBACK LINE
An imaginary line describing the boundary of the area on
a property behind which construction can occur and parallel to adjacent
property boundaries.
SEWAGE ENFORCEMENT OFFICER
An individual certified by the state and appointed by the
Board of Supervisors to determine whether each property proposed for
an on-lot sewage disposal system is capable of absorbing sewage effluent
generated on the lot, and what type and size of system must be installed.
SIGHT DISTANCE
The distance than an automobile driver can see ahead unobstructed
by changes in alignment or roadside structures or topography, usually
measured between points on a road center line between three feet six
inches and eight feet above the surface.
SOIL PERCOLATION TEST
A procedure for measuring the ability of soil to absorb moisture
as an indication of problems that will occur in connection with on-lot
sewage disposal, conducted by the Township Sewage Enforcement Officer.
STOP BARS
Devices attached to a parking area pavement to prevent vehicles
from drifting off the edge of the area and to guide motorists in the
proper placement of their cars.
STORMWATER
Precipitation falling upon the ground surface, requiring
structures to direct and contain it to prevent damage to downstream
areas in developed areas.
STREET
An open public vehicular and/or pedestrian passage within
a recorded right-of-way at least 30 feet in width, connecting with
other streets to form the municipal circulation system.
STRUCTURE
Any man-made construction erected on the ground or attached
to the ground directly or indirectly, including buildings, fences,
poles, masts and signs, but excluding vehicles ready for immediate
movement or any paved surfaces at grade level.
SUBDIVISION
The division or redivision of a tract or parcel of land by
any means into two or more lots, tracts, or other divisions of land,
including changes in existing lot lines, for the purpose, whether
immediate or future, of lease, transfer of ownership, or building
or lot development.
SWALE
An elongated indentation in the ground surface which collects
stormwater from higher elevations and directs it to an established
all-weather stream or man-made subsurface drainage system.
TOPOGRAPHIC MAP
A map delineating by contours the surface elevations of a
land area.
TOWNHOUSE BUILDING
A structure containing three or more dwelling units, each
separated from similar units on one or both sides by a common party
wall, each unit having direct at-grade access to the outside and exterior
walls on both the front and rear.
TOWNSHIP ENGINEER
A professional civil engineer registered in Pennsylvania
and retained by the Board of Supervisors to represent the Township
in the review of proposed public improvements and in the inspection
of them during construction and upon completion.
TRACT
A property, parcel or lot but usually a large piece of land
to be subdivided or developed.
VARIANCE
A grant by the Planning Commission allowing a developer to
proceed with a deviation of the regulations normally in force on his
property because unusual conditions are present not of the developer's
making but create a hardship for him, and the deviation if permitted
will not downgrade the neighborhood.
WALKWAY
A path designed for pedestrian use which may be designated
through paint striping or other pavement marking, a slight rise in
grade to calm traffic, or an elevated walkway at least four inches
in height.
[Added 4-27-2011 by Ord.
No. 1042]