Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning given herein.
A.
Words used in the present tense imply also the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership, corporation or other legal
entity as well as an individual.
D.
The word "shall" is to be interpreted as mandatory; the word "may"
as directory and complied with unless waived.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, other than the developer, who acting for the
developer submits land development plans to the Township Commissioners
for the purpose of obtaining approval thereof.
The use of land for farming, dairying, pasturage, apiculture,
horticulture, viticulture or animal or poultry husbandry including
the necessary accessory uses for packing, treating or storing the
produce and equipment or housing and feeding the animals and/or the
use of dwellings for families headed by a full-time farm worker. Includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program
under an agreement with an agency of the federal government.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative 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 development plan.
The one-hundred-year flood elevation. Within the approximated
floodplain, the base flood elevation shall be established as a point
on the boundary of the approximated floodplain which is nearest to
the subdivision or development site in question.
An area bounded by streets.
Any structure or edifice designed or intended for use as
an enclosure, a shelter, or for protection of persons, animals or
property.
The paved area of a street. Sometimes referred to as a "roadway."
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
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, not including
streets, off-street parking areas and areas set aside for public facilities.
The plan, or parts thereof, which has been adopted by the
Township Board of Commissioners, showing its recommendations for such
systems as land uses, parks and recreation facilities, water supply,
sewerage and sewage disposal, garbage disposal, transportation, highways,
civic centers and other public improvements which affect the development
of the Township.
A lot abutting upon two streets at their intersection.
A right-of-way, municipally or privately owned, at least
12 feet wide, which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
The outside edge of the cartway.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a land
development.
The provisions for development, including a planned residential
development, a plat 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
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A lot fronting on two streets other than a corner lot.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas or any part of any land development or contiguous
land areas.
A minor vehicular travel way providing access between a street
and a parking area or garage within a lot or property.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
A limited right of use granted in private land for public
or quasi-public purpose.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A relatively flat or low land area adjoining a stream, river
or watercourse, which 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.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduces
or eliminates flood damage to lands, water and sanitary facilities,
structures and contents of buildings.
The area of a floodplain, including the channel of the watercourse
and adjacent land area, required to carry and discharge floodwaters
of a given magnitude. For the purpose of this chapter, the floodway
shall be capable of accommodating a flood of the one-hundred-year
magnitude.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet.
That portion of a right-of-way carrying surface drainage.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, grading, street signs and plantings, and other
items required for the welfare of the property owners and the public.
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; 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.
"Land development" does not include development which involves:
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 building, including 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 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 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 condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A map showing the site with relation to adjoining areas.
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 region contained within the property lines of an individual
lot, excluding any area within a street right-of-way, but including
the area of any easement.
The distance between the side property lines measured along
the street right-of-way line.
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 which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building providing separate living quarters for three or
more families.
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."[1]
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any year. For the purposes of this
chapter, the one-hundred-year flood (base flood), as defined by Federal
Insurance Administration, U.S. Department of Housing and Urban Development,
in "Flood Insurance Study, Township of Spring Garden, York County,
Pennsylvania." Also, the "regulatory flood."
The owner of record of a lot or parcel of land.
An agreement by and between a contractor and a bonding company
in favor of the developer and the Township Board of Commissioners
guaranteeing the completion of physical improvements.
The map or plan of a subdivision or land development, whether
sketch, preliminary or final.
PLAN, SKETCHAn informal land development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval.
PLAN, PRELIMINARYA tentative land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, FINALA complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.
Includes:
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[2]
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.
Any land development which has been approved by the Township
which changes or proposes to change property lines and/or public rights-of-way
not in strict accordance with the approved plan.
A lot extending between and having frontage on an arterial
street and minor street with vehicular access solely from the latter.
Land opened for use as a street, alley or crosswalk.
The required horizontal distance between a setback line and
a property or street line.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot; commonly called "front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot; commonly called "rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called "side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance between a structure
and the property or street line.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
ARTERIAL STREETA street or road which is used primarily for fast or heavy traffic, including all roads classified as federal-aid highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETA street which carries traffic from minor streets to a major system of arterial streets, including the principal entrance streets of a residential development and streets within such a development.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for a satisfactory improvement and use of the street.
MINOR STREETA street which is used primarily for access to the abutting properties.
SERVICE DRIVE OR ALLEYA minor street which is used primarily for vehicle access to the back or side of properties otherwise abutting a 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 taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, commonly known as the "right-of-way
line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Where in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
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.
Township specifications established or referred to herein
shall mean the "Spring Garden Township Construction and Material Specifications
for Land Development" prepared by the Township Engineer and adopted
by resolution of the Township Commissioners. Any specifications may
be amended from time to time by resolution, which shall become thereafter
part of this chapter.
Land in parcels sufficiently large for future land development
which is presently in agriculture, woodland or lying fallow.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
