The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter:
ACCESS DRIVE
A private drive, other than a driveway, which provides for
vehicular access between a street and a tract of land containing any
use other than one single-family dwelling unit.
AGENT
Any person other than the developer who, acting for the developer,
submits land development plans to the Township for the purpose of
obtaining approval thereof.
AGRICULTURAL PURPOSES
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.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents and exhibits
required for a preliminary or final application in accordance with
this chapter.
AVERAGE DAILY TRIP
A single or one-way vehicle movement either to or from a
specific land use as assigned by the Institute of Traffic Engineers'
publication entitled "Trip Generation."
[Added 4-10-1997 by Ord. No. 97-07]
BLOCK
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads, watercourses or any other barrier to
the continuity to development.
BUILDING
Any structure or edifice designed or intended for use as
an enclosure or a shelter or for protection of persons, animals or
property.
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 or property of any kind and which is a main structure on a given lot.
BUILDING SETBACK LINE
A line within a lot designated on a plan as the minimum required
distance between any structure and the adjacent street right-of-way
or any other lot line.
CARTWAY
The surface of a street, drive or alley available for vehicular
traffic, including travel lanes and parking lanes but not including
shoulders, curbs, sidewalks or swales.
CLEAR SIGHT TRIANGLE
A triangular shaped portion of land established at the intersections
of streets or access drives in which nothing is erected, placed, planted
or allowed to grow in such a manner as to limit or obstruct the sight
distance of motorists entering or leaving the intersection.
COMPREHENSIVE PLAN
The plan, or parts thereof, which have been adopted by the
Board of Supervisors 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.
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 App., 68 Pa.C.S.A. § 3101 et
seq.
[Added 6-14-1990 by Ord. No. 90-07]
CORNER LOT
A lot abutting upon two streets at their intersection.
CURB
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
CURBLINE
The outside edge of the cartway.
DEDICATION
The deliberate appropriation of land by its owner to a governmental
or quasi-governmental body.
DEED
A written instrument whereby an estate in real property is
conveyed.
DENSITY
The number of dwelling units and/or lots per acre, exclusive
of streets right-of-way but including the area of any easement.
DEVELOPER
Any landowner, agent of such landowner, equitable owner or
tenant with the permission of the landowner for whom subdivision or
land development plans are being or have been made.
DOUBLE FRONTAGE LOT
A lot which fronts upon two parallel streets or which fronts
upon two streets which do not intersect at the boundaries of a lot.
However, a limited access highway which does not provide lot access
will not be considered in determining "double frontage lots."
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.
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.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
FLOODPLAIN
The area inundated by the regulatory flood as described in
the West Manchester Township Floodplain Management Ordinance.
FRONTAGE
The linear measurement taken along a property's common
boundaries with adjoining street rights-of-way, other than a limited
access highway.
FUTURE RIGHT-OF-WAY
A.
The right-of-way width required for the expansion of existing
streets to accommodate anticipated future traffic loads.
B.
A right-of-way established to provide future access to or through
undeveloped land.
GRADE
The slope, expressed in a percent, which indicates the rate
of change of elevation in feet per hundred feet.
GUTTER
That portion of a right-of-way carrying surface drainage.
IMPROVEMENTS
Physical changes to the land, including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, street signs, monuments, water
supply facilities and sewage disposal facilities, that may be necessary
to produce usable and desirable developments.
LAND DEVELOPMENT
[Amended 6-14-1990 by Ord. No. 90-07]
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;
(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; or
B.
The following shall not be considered a "land development":
(1)
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.
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For 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 proper authorities.
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 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 trunk or interceptor line that is
located within a utility easement, and the single building which the
line serves.
LOOP STREET
A street with a single common ingress and egress which connects
to itself to form a loop. There may or may not be interconnecting
streets within the loop. (See illustration in Appendix 10.)
[Added 4-10-1997 by Ord. No. 97-07]
LOT
A parcel of land considered as a unit for a principal use
and/or from the standpoint of ownership. It may be vacant, devoted
to a certain use, occupied by a structure or occupied by a group of
structures that are united by a common interest or use.
LOT AREA (NET LOT AREA)
The area 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.
LOT COVERAGE
The portion of a lot which is proposed to be covered by impervious
surfaces, such as but not limited to buildings, parking areas, driveways,
sidewalks, etc.
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 WIDTH
The average horizontal distance measured between side property
lines. On corner lots, the right-of-way line for the nonaddress street
shall be considered a side property line for the purpose of calculating
"lot width."
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.
[Amended 6-14-1990 by Ord. No. 90-07]
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.
[Amended 6-14-1990 by Ord. No. 90-07]
MOBILE HOME PARK
A parcel of 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.
[Amended 6-14-1990 by Ord. No. 90-07]
PEDESTRIAN EASEMENT
A right-of-way, municipally or privately owned, at least
10 feet wide, which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
PERFORMANCE BOND
Any security in an amount and form satisfactory to the Board of Supervisors which, in accordance with Article
V, may be accepted in lieu of a requirement that certain improvements be made prior to final plan approval.
PLAN
The map representing a tract of land, including all supplementary data specified in Article
IV of this chapter. The following are the types of plans specified by this chapter:
A.
AS-BUILT PLANA corrected final plan, showing dimensions and locations of all streets and other public improvements as actually constructed.
B.
FINAL PLANA complete and exact subdivision and/or land development plan prepared for official recording as required by statute to define property rights, propose streets and other public improvements.
C.
PRELIMINARY PLANA complete and exact subdivision and/or land development plan, the purpose of which is to authorize the construction of public improvements and the preparation of final plans.
D.
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 for consideration prior to the formal submission of a plan.
PUBLIC GROUNDS
Includes parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
publicly owned or operated scenic and historic sites.
[Amended 6-14-1990 by Ord. No. 90-07]
PUBLIC IMPROVEMENT
Any improvement facility or service, together with its associated
public site or right-of-way necessary to provide transportation, drainage,
public or private utilities, energy or similar essential services.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a minor street
and either an arterial street or collector street with vehicular access
solely from the minor street.
RIGHT-OF-WAY
Land opened for use as a street, alley or crosswalk or for
utilities or other public or private use.
ROADWAY
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic; sometimes referred to
as "cartway."
SCREEN OR BUFFER PLANTING
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
SETBACK
The required horizontal distance between a setback line and
a property line or street line.
SETBACK LINE
A line within a property and parallel to a property or street
line which delineates the required minimum distance between a structure
and that property line or street line.
STREET
Includes a street, avenue, boulevard, road, highway, freeway,
lane, alley, viaduct and any other dedicated and adopted public right-of-way
used or intended to be used by vehicular traffic or pedestrians. Streets
are further classified as follows:
A.
ARTERIAL STREETA street which provides for intercommunity travel connecting population centers and carrying large volumes of traffic at speeds higher than desirable on other types of streets. Existing "arterial streets" are established by resolution of the Township Board of Supervisors. A list of existing "arterial streets" is available at the Township Office.
B.
COLLECTOR STREETA street which carries traffic from minor streets to the major system of arterial streets, including but not limited to the principal entrance streets of a residential development. Existing "collector streets" are established by resolution of the Township Board of Supervisors. A list of existing "collector streets" is available at the Township Office.
C.
CUL-DE-SAC STREETA street with a single common ingress and egress with a turnaround at the end.
D.
MARGINAL ACCESS STREETA 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.
E.
MINOR STREETA street which is used primarily for access to the abutting properties. Average daily traffic volumes normally are less than 1,000 vehicles.
F.
SERVICE STREET or ALLEYA minor right-of-way which provides the secondary means of access for two or more properties and is not included in the lot frontage calculation.
STREET GRADE
The elevation of a street along the center line of the existing
or proposed cartway.
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.
However, where a future right-of-way width for a Township-owned road
or street has been established by the West Manchester Township Comprehensive
Plan, then that width shall determine the location of the "street
line."
STREET, PRIVATE
A street not offered for dedication or whose dedication was
not accepted by the municipality.
SUBDIVISION
[Amended 6-14-1990 by Ord. No. 90-07]
A.
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 streets or easements of access or residential
dwelling shall be exempted.
B.
In addition, the following lease, conveyance, sale or transfer
of land shall be considered a "subdivision" within the meaning of
this chapter:
(1)
A parcel of land which is separated from the parent tract by
an existing street, right-of-way and/or watercourse.
(2)
A parcel of land, the configuration of which is altered by an
assemblage, consolidation and/or jointure.
SURVEYOR
A surveyor registered in the Commonwealth of Pennsylvania.
SWALE
A wide, shallow ditch which gathers or carries surface water.
TOWNSHIP
West Manchester Township, York County, Pennsylvania.
UNDEVELOPED LAND
Land in parcels sufficiently large for future land development
which is presently agricultural, woodland or lying fallow.
UNIT OF OCCUPANCY
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:
[Added 6-14-1990 by Ord. No. 90-07]
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, row houses, shopping centers 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.
WAIVER
A process for alleviating specific requirements imposed by this chapter and provided under §
121-57.
WATERCOURSE
A permanent or intermittent stream, river, brook, creek,
channel or swale, whether natural or man-made, for gathering or carrying
surface water.
ZONING ORDINANCE
The prevailing zoning ordinance, as amended, for West Manchester
Township.