Words and phrases in this chapter shall be used
in their ordinary context unless such word or phrase is specifically
defined in this section.
In this chapter, when not inconsistent with
the context:
A.
Words in the present tense imply also the future tense.
B.
The singular includes the plural.
C.
The term "shall" or "must" is always mandatory.
D.
The words "used" and "occupied" shall be construed
to include the words "or intended, arranged or designed to be used
or to be occupied, or offered for occupancy."
E.
The term "such as" shall be considered as introducing
a typical or illustrative designation of items, and shall not be interpreted
as constituting a complete list.
F.
The words "person," "developer" and "owner" shall
be deemed to include a corporation, unincorporated association and
a partnership or other legal entity, as well as an individual.
G.
The words "building" and "structure" shall be construed
as if followed by the phrase "or part thereof."
I.
If a term is defined in this chapter, and is defined differently
in other chapters of the Township Code, the definition of the term
in this chapter shall be used as defined in this chapter.
[Added 3-28-2017 by Ord.
No. 684]
As used in this chapter, the following terms
shall have the meanings indicated:
A use customarily incidental and subordinate to the principal
use and located on the same lot with such principal use. An accessory
use may be a use of land, or a building or structure.
A landowner or developer, including his or her heirs, successors
and assigns, as hereinafter defined, who has filed an application
for development.
A pathway usually separated from a street, designed specifically
to satisfy the physical demands of bicycling.
An area bounded by streets.
The duly elected Board of Supervisors of the Township of
Derry, Dauphin County, Pennsylvania.
The unit of luminous intensity. One candela is defined as
the luminous intensity of 1/600,000 square meter of projected area
of a blackbody radiator operating at the temperature of solidification
of platinum under a pressure of 101,325 newtons per square meter.
Values of standards having other spectral distributions are derived
by the use of accepted spectral luminous efficiency data for photopic
vision.
The carbonate geologic formations within the Township consisting
of both limestone and dolomite bedrock. The specific carbonate geologic
formations within the Township consist of the St. Paul Group; the
undifferentiated Hershey/Myerstown Formation, the Annville Formation,
the Ontelaunee Formations, the Epler Formation, the Stonehenge Formation
and the Buffalo Spring Formation.
That portion of a street which is improved for vehicular
use.
A driveway providing frontage for dwelling units in a cluster development or master plan development which is part of the common open space, and otherwise meets the requirements of Chapter 225, Zoning.
[Amended 3-28-2017 by Ord. No. 684]
The adopted Township of Derry Land Use Management Master
Plan consisting of text, appendix, graphics and maps stating and illustrating
guidelines and criteria for determining land use within the Township
of Derry.
Real estate, portions of which are designated for separate
ownership, even if by the same owner, and the remainder of which is
designated for common ownership, solely by the owners of those portions.
Real estate is not a condominium unless the undivided interests in
the common elements are vested in the unit owners.
The actual cost of improvements required by a subdivision
or land development plan which shall include labor cost, material
cost, construction overhead, contractor profit, equipment cost, permitting
cost, insurance cost, inspection cost and any other costs which will
be incurred to complete the required improvements.
A street with only one outlet.
Any owner, agent of such owner or tenant with the permission
of such owner, 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, mining,
drilling, dredging, excavating, filling, grading or paving operations.
An activity which is required to have land development or subdivision plans approved by the Township pursuant to § 185-5A of this chapter.
A private access drive or roadway for a residential or nonresidential
use. Driveways shall include a drive or roadway not intended for dedication
and designed to carry vehicle traffic from a public street to and
from one or more parking areas situated on one or more contiguous
tracts of land privately owned by the same person or entity.
A right-of-way granted for a limited prescribed and described
use of land for public or semi-public purposes.
A duly registered professional engineer employed by Derry
Township or engaged as a consultant thereto.
The sum of the gross horizontal area of the floors of a building
measured from the interior faces of the exterior walls, excluding
stairwells, elevator shafts, those portions of floor areas having
a clear ceiling height of less than six feet, floor areas devoted
to automobile parking (not retail sales area) accessory to the principal
use of the property, and floor areas of floors which are located at
least 50% below finished grade which are used for accessory uses.[1]
The unit of illumination when the foot is taken as the unit
of length. It is the illumination on a surface one square foot in
area on which there is a uniformly distributed flux of one lumen,
or the illumination produced on a surface all points of which are
at a distance of one foot from a directionally uniform point source
of one candela.
The area contained within the property lines of a lot as
established by deed or as shown on a subdivision plan, excluding space
within any street right-of-way, but including the area of any other
right-of-way or easement.
A street constructed or proposed to be constructed which
does not have a full width right-of-way as prescribed by this chapter,
and/or which does not have full paving width as prescribed by this
chapter.
A surface of a lot that has been compacted or covered with
material to the extent that it is highly resistant to infiltration
by water. Impervious cover (surface or area) shall include, but is
not limited to, conventional impervious surfaces such as paved streets,
roofs, compacted stone, and sidewalks. Impervious cover shall also
consist of surfaces similar to the following when used by motor vehicles
or pedestrians, unless designed and approved as an infiltration BMP:
graveled areas, paver blocks (including voids), bricks, and cobblestone.
The water area of swimming pools shall not be considered to be impervious
surface if the overflow system of the pool is connected to a sanitary
sewer system. Decks are not counted as impervious area if they allow
rain to drain through them and do not prevent infiltration.
[Amended 3-28-2017 by Ord. No. 684]
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
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.
The addition of 2,500 square feet of floor area
to a nonresidential building or residential building, except single-family
detached, two-family detached, single-family semi-detached and single-family
attached dwellings.
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, buildings groups or other
features.
A subdivision of land.
Exceptions. The following shall not be construed
as land development activities:
The conversion of an existing single-family
detached dwelling or single-family semi-detached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot of an existing principal building.
The conversion of buildings or rides within
the confines of an enterprise which would be considered an amusement
park. For the 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 the Township.
A designated parcel, tract or area of land or water established
by a plat or otherwise as permitted by law.
A lot which abuts two intersecting streets. Corner lots shall
have a front yard area adjacent to each street frontage, not including
alleys, with remaining yards being considered side yards.
[Amended 3-28-2017 by Ord. No. 684]
A lot which abuts two generally parallel streets, not including
alleys. Double frontage lots shall be required to provide a rear yard
area adjacent to the secondary street frontage.
[Amended 3-28-2017 by Ord. No. 684]
The International System (SI) unit of illumination. It is
the illumination on a surface one square meter in area on which there
is a uniformly distributed flux of one lumen, or the illumination
produced at a surface all points of which are at a distance of one
meter from a uniform point source of one candela.
A plan or plans and supporting data submitted as part of a grant of a conditional use by the Board of Supervisors that encourages ingenuity in the layout and design of coordinated projects in accordance with the process described in § 225-501.58 of Chapter 225, Zoning.
[Added 3-28-2017 by Ord.
No. 684]
The net area of a tract of land which is used for calculating the maximum density permitted which is determined by utilizing the various effective capacity ratings as they may apply to any land constraints existing on the tract (see Article II, § 225-206.L, of Chapter 225, Zoning).
[Amended 3-28-2017 by Ord. No. 684]
Vehicle trips passing within a traffic impact study area
that do not enter or exit the site and are generally the result of
through traffic and traffic generated by other land use activities.
The area subject to inundation by the waters of a 100 year
flood which has a statistical probability of occurring once every
100 years or a 1% chance of occurring each year.
The appointed Planning Commission of the Township of Derry,
Dauphin County.
An area of land, usually parallel to a natural feature or
property line, which is reserved for use as the location of vegetative
plantings to serve as a visual buffer.
The main use of land, buildings or structures as distinguished
from a secondary or accessory use.
An individual who has demonstrated and recognized expertise
of a subject or subjects and who offers professional advice or services
for a fee.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of engineering.
A person with technical expertise and training in one or
more of biology, botany, hydrology, soil science or engineering, who
is capable of identifying and delineating wetlands with the techniques
and format as published in the current edition of the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands."
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of surveying.
A residential development or a mixture of residential and
small commercial establishments, characterized by few pedestrians
at night. The definition includes areas with single-family homes,
townhouses and/or small apartment buildings.
An improved passageway for pedestrian traffic located within
a street right-of-way.
A funnel-shaped or steep sided depression in the land surface
that is caused by the dissolution and collapse or subsidence of the
roofs of subterranean caverns in carbonate geologic formations. In
size, they can vary from a few feet to more than 100 feet in width.
The name of the classification of a soil, described in the
Soil Survey of Dauphin County, published and periodically revised
by the Soil Conservation Service of the U.S. Department of Agriculture.
A stormwater management basin designed to store stormwater
runoff and provide a controlled release of such runoff after a storm
event.
Structures designed for the storage of stormwater. The types
of stormwater management basins include detention and retention basins.
Stormwater conveyance systems are not included within this definition.
A stormwater management basin designed to store runoff from
a storm event.
A public roadway or roadway intended to be dedicated as a
public roadway, including, without limitation, limited and marginal
access, arterial, collector and minor streets and alleys (as more
fully defined in this chapter).
A street which carries large volumes of traffic at comparatively
high speed with access at designated points and not from abutting
properties.
A minor street which is parallel and adjacent to limited
access, arterial or collector streets, and which provides access to
abutting properties and protection from through traffic.
Anything constructed or erected with a location on the ground
or attached to something having a location on the ground, that is
principally above ground.
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.
The Township of Derry, Dauphin County, Pennsylvania.
The minimum area of a lot that is required to be maintained
in a pervious surface condition which is predominantly covered with
live plant matter, trees and/or vegetative ground cover. The temporary
loss of vegetative cover due to seasonal planting activities such
as farming shall not be considered a loss of vegetative cover as long
as vegetative cover exists annually for at least four months.
An improved passageway for pedestrian traffic located within
privately or commonly owned lands that are not within a public right-of-way.
A water supply system which provides water to the public
primarily for human consumption, which system is owned and operated
by either the General Water Works of PA, Inc., or the Pennsylvania
American Water Works.
A water supply system which provides water to the public
for human consumption which has at least 10 service connections or
regularly serves an average of at least 10 persons at least 60 days
of any year. A public water system may or may not be a public water
main supply system, as defined herein.
The transitional area extending from the outer limit of a
delineated wetland. For the purpose of this chapter, the wetland margin
shall extend 50 feet from the wetland boundary or the limit of the
hydric soil, whichever is less.
Areas that are inundated or saturated by surface or ground
water 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, and which may be identified
as jurisdictional wetlands using methods described in the current
edition of the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands."
A wetlands boundary identified by a qualified wetlands professional
through an on-site demarcation as outlined in the current edition
of the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands."
An investigation on at least the routine level by a qualified
wetlands professional for the presence of wetlands using on-site procedures
as prescribed by the current edition of the "Federal Manual for Identifying
and Delineating Jurisdictional Wetlands."
An open space area located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for such intrusions as are expressly permitted by and as otherwise required to be established in accordance with Chapter 225, Zoning.
[Amended 3-28-2017 by Ord. No. 684]
The Zoning Ordinance of the Township of Derry, Dauphin County, Pennsylvania (Chapter 225).
[1]
Editor’s Note: The former definition for “floor
area ratio,” which immediately followed this definition, was
repealed 3-28-2017 by Ord. No. 684.
