Unless otherwise expressly stated, the terms as set forth in this article shall, for the purpose of this chapter, have the meaning indicated. Any word used in this chapter which is not defined herein but which is defined in Chapter 375, Zoning, of the Code of the Township of East Lampeter shall have the meaning defined in said Chapter 375, Zoning. Words in the singular include the plural and words in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership as well as an individual. The word "building" shall be construed as if followed by the words "or part thereof." The word "watercourse" includes "drain," "ditch," and "stream." The words "shall" and "will" are mandatory; the word "may" is permissive.
An improved cartway or paved service road that is located, designed and constructed in order to provide internal vehicular access between the public or private road and through the off-street parking or loading area for the designated use. The term "access drive" shall be synonymous with the term "access lane."
Any person who, acting for the landowner or developer, submits to the Board of Supervisors subdivision or land development plans for the purpose of obtaining approval thereof.
A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of lots.
A landowner or developer who has filed an application for development including his heirs, successors and assigns.
A submittal, whether preliminary, tentative or final, of plans and necessary supporting information, by the developer, for the purpose of consideration and appropriate action by the Township.
Every application, whether preliminary, tentative or final, is required to be filed and approved prior to start of construction or development including but not limited to an application for the approval of a subdivision plat or plan or for the approval of a development plan.
An area bounded by three or more streets.
The surface of a street or alley available for vehicular traffic.
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.
A lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
A right-of-way, municipally or privately owned, intended to furnish access for pedestrians.
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.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
The provisions for 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, parking facilities; and common open space and public facilities; the phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
A defined parcel area of land or right-of-way, which is granted or conveyed for the limited use of land for public, quasi-public or private purposes.
A dwelling unit, not having in excess of 900 square feet of floor area, occupied by a parent or parents, grandparent or grandparents or lineal descendant of the residents of the principal dwelling on the lot or by a caregiver for those individuals. To qualify, the residents of the accessory building must execute an agreement with the Township, on a form prepared by and satisfactory to the Township, which states that the ECHO housing will be occupied solely by individuals qualifying under the above standards, that the dwelling unit will connect to a water supply and sanitary sewer disposal which has been approved by the appropriate authorities, that the ECHO unit is temporary and will be removed when the individuals who qualify under the above standards no longer occupy the unit, that the unit will be located to the side or rear of the principal dwelling unit and that the unit will otherwise comply with all other land use ordinances applicable, including, without limitation, this chapter, Chapter 375, Zoning, and all laws relating to sewage treatment facilities. To qualify as ECHO housing, there shall be no more than three such ECHO housing dwelling units on any one lot or parcel.
Any type of structure, paved area, and/or physical changes to the land, including, but not limited to, grading, paving, stormwater management facilities, sidewalks, street signs, traffic control devices, monuments, utilities, water supply facilities and sewage disposal facilities.
Subject to the exclusions set forth in Subsection C, "land development" includes any of the following activities set forth in Subsection A and B:
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.
Exclusions. The following are excluded from the definition of "land development":
Construction of an apartment as an accessory use in combination with an existing single-family dwelling where permitted within Chapter 375, Zoning.
The addition of an accessory farm building or "ECHO housing," on a lot or lots subordinate to an existing principal building. ECHO housing are limited to those housing units meeting the definition of "ECHO housing" contained in this section of definitions.
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.
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 persons having a proprietary interest in land.
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 total area contained within the deeded property lines.
The total area of a lot within the deeded property lines less the area occupied by street right-of-way and/or utility easements. Unless otherwise specifically stated within this chapter, the net lot area for all proposed lots shall be no smaller than the required minimum lot size for the zoning district which the lot is located.
A recorded boundary line of a lot. However, any line that abuts a street or other public or quasi-public street right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by Chapter 375, Zoning.
FRONT LOT LINEThe lot line that is formed and located within the front yard along the street right-of-way line.
REAR LOT LINEThe lot line that is formed and located at the outermost edge of any rear yard.
SIDE LOT LINEThe lot line that is formed and located at the outermost edge of any side yard.
Any change, revision, amendment, waiver or variance of the provisions and standards of this chapter as may be granted by the Township for a specific plan application.
A complete and exact subdivision or land development plan prepared for official recording as required by statute, to define property rights, proposed streets, and other public improvements.
A tentative subdivision or land development plan, in lesser detail than the final plan, indicating the approximate proposed layout of the area to be subdivided and/or developed as a basis for consideration prior to preparation of the final plan.
The map or plan of a subdivision or land development, whether preliminary or final.
Includes:
A formal meeting held pursuant to public notice by the Board of Supervisors or the Township 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.[1]"
Notice that is published or advertised in accordance with the provisions specified by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
Lots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot. The term "reverse frontage lot" shall also be synonymous with the term "through lot." A corner lot shall not be considered a reverse frontage lot.
The width or area of land, which is dedicated or reserved to accommodate streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, crosswalks, pedestrian paths, bicycle lanes, streetlights, and other similar private or public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land, which is currently owned and maintained by East Lampeter Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
REQUIRED OR PROPOSED RIGHT-OF-WAYThe width or area of land, which is determined necessary to reserve and/or dedicate area in order to accommodate future public improvements.
A public or private right-of-way intended for use as a means of vehicular and pedestrian circulation that provides a means of access abutting property, excluding driveways, interior driveways and access drives. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, road and similar terms.
LOCAL STREET (LOCAL ACCESS ROADS)A street used primarily to provide access to abutting properties.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
MARGINAL ACCESS STREETA street parallel and adjacent to an arterial street, and which provides access to abutting properties and controls intersections with collector or arterial streets.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, collects traffic from the local street system.
ARTERIAL STREETA street whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on collector and local streets.
A street not offered for dedication or whose dedication was not accepted by the Township.
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 exempt.
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 Section 305 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.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township.
A paved or concrete pedestrian path which is not aligned with a street or parking lot, but which is located on a lot along proposed or existing pedestrian patterns.
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Editor's Note: See now Sunshine Act, 65 Pa.C.S.A. § 701 et seq.