In this chapter the following rules of interpretation shall
be used:
A.Â
The word "lot" includes the word "plot" or "parcel."
B.Â
Words in the present tense may imply the future tense.
C.Â
Words used as singular imply the plural.
D.Â
The masculine gender includes the feminine and neuter genders.
E.Â
The word "person" includes a partnership, corporation, association,
trust, estate or any other legally recognized entity as well as an
individual.
F.Â
The word "shall" is to be interpreted as mandatory; the word "may"
as discretionary.
G.Â
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions or agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions or agencies
or officials of the Township as in effect or office from time to time,
including amendments thereto or revisions or successors thereof, unless
the text indicates another reference is intended.
H.Â
Any word or phrase which is defined in the Pennsylvania Municipalities
Planning Code ("MPC") and not defined in this article shall have the
meaning as set forth in the MPC.
Unless otherwise stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated
in this section:
American Association of State Highway and Transportation
Officials.
The current edition of A Policy on Geometric Design of Highways
and Streets as published by AASHTO.
A private drive providing vehicular access to and between
parking areas for more than two parking spaces within a land development
or any drive servicing two or more units of occupancy on a single
lot or the private streets within a mobile home park.
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Township subdivision
or land development plans for the purpose of obtaining approval thereof.
A building or structure for farm, agricultural or horticultural
use, including, but not limited to, barns, poultry houses, corn cribs,
silos, implement sheds and other similar farm structures, but not
including a building containing a dwelling unit or an intensive agricultural
production facility.
The tilling of soil, raising of crops, forestry, horticulture
and gardening, including the raising of livestock such as cattle,
cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees
and other similar animals. This definition also includes greenhouses
without retail sales and mushroom houses.
Soils formed from material, such as gravel, sand or silt
deposited by a stream of water and showing little or no modification
of the original materials by the soil forming process. These soils
are further identified by the Soil Survey or by an on-site assessment
by a soil scientist.
A value computed by application of a day of the week by month
factor to an average twenty-four-hour traffic count. Such information
is available in the latest volume of the PennDOT Traffic Data Collection
and Factor Development Report. The value may also be derived from
actual on-site traffic counts by an engineer.
A landowner or developer which has filed an application for
development, including his heirs, successors and assigns.
Every application, whether preliminary 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 plot or plan or for the approval
of a land development plan.
A set of prints of the improvements showing the final constructed
conditions, including changes made during the construction process.
The portion of a street or road below the paved surface which
shall be constructed in accordance with this chapter.
An area bounded by streets.
The West Donegal Township Board of Supervisors.
Any structure constructed or used for a residence, business,
industry, or other public or private purpose or accessory thereto,
and including enclosed porches, swimming pools, mobile homes and similar
structures, whether stationary or movable, but excluding fences, walls,
signs and awnings. All principal buildings shall be permanently erected
on and attached to a foundation, having a fixed location on the grounds,
which principal building shall, in the normal frame of reference,
be immobile.
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.
BUILDING, PRINCIPALA building in which is conducted the principal use of the land on which it is situated.
The building envelope is that area of the lot which has no
building restrictions. The building envelope shall not include the
area of any required setbacks (except for driveways which cross yards),
buffer yards or floodplains.
A line within a property defining the required minimum distance between any structure and the center line of an adjacent road or property line as further set forth in Chapter 240, Zoning, of the Code of the Township of West Donegal.
The portion of a street or alley intended for vehicular use,
including travel lanes, but excluding shoulders, curbs and sidewalk.
An area of unobstructed vision at intersections of two or
more streets, access drives or alleys. It is defined by lines of sight
between points at a given distance from the intersection of the center
lines of both streets.
The United States Army Corps of Engineers or any successor
federal entity charged with regulation of wetlands.
A private driveway utilized by two or more separate lots
or dwellings for access to a public or private street.
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 sewage disposal system, other than a public sewer system,
which provides sewage disposal for two or more units of occupancy
which shall comply with all applicable regulations of the DEP or other
regulatory agency.
A water supply system, other than a public water system,
providing water for more than two units of occupancy which shall comply
with all applicable regulations of the DEP or other regulatory agency.
The plan, 2010 Regional Strategic Plan for Elizabethtown Borough and the Townships of Conoy, Mount Joy and West Donegal, or parts thereof, which the Board of Supervisors has adopted in accordance with MPC Article III showing its recommendations for such systems as parks and recreation facilities, water supply, sewerage and sewage disposal, transportation highways, civic centers and other public improvements which affect the development of the Township.
The Lancaster County Conservation District or any agency
successor thereto.
A lot abutting upon two streets at their intersection.
The amount which the Township Engineer estimates that the
Township would be required to expend in order to complete the improvements
proposed by a developer in a subdivision or land development plan,
in the event the developer fails to complete such improvements within
the time set forth in the subdivision or land development plan or
otherwise agreed upon, which estimate shall take into consideration
anticipated inflation in construction costs, bid preparation costs,
prevailing wages and other costs which the Township will incur in
the event it is required to complete the proposed improvements.
The Lancaster County Planning Commission.
A street which either:
The raised edge of a pavement or concrete to confine surface
water to the pavement and to protect the abutting land from vehicular
traffic; all curbs shall be constructed in accordance with the specifications
and details in this chapter.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed. Deed may also include any right-of-way, easement or restrictive
covenant.
A restriction upon the use of a property placed in a deed
or other instrument; a restrictive covenant.
See "modification."
The number of dwelling units permitted in relation to the
land area actually in use or proposed to be used for residential purposes,
exclusive of private or public streets.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
Areas within which rural resources, rural character, and
a rural way of life are sustained.
The design speed for streets designed in accordance with
this chapter shall equal the proposed speed limit plus five miles
per hour.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate in accordance with the current West Donegal Township Stormwater
Management Ordinance.
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; a subdivider.
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 or development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" shall mean written and graphic materials referred
to in this definition.
A lot, other than a corner lot, fronting on two streets.
The land required for installation of storm sewer or drainage
facilities, or required along a watercourse (natural or man-made)
for preservation of the channel and provision of adequate width for
storm flow conveyance. A right granted by a landowner grantee, allowing
the use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying surface
waters off streets, public rights-of-way, parks, recreational areas
or any part of any subdivision or contiguous land areas.
A building permanently erected on and attached to a foundation,
having a fixed location on the ground, and used as the living quarters
exclusively for one family.
A limited right of use granted in private land for public
or quasi-public purpose. It is an area within which the owner shall
not have the right to make use of the land in a manner that violates
the right of the grantee.
Any driveway or other entrance from a public or private road.
A field road providing access to agriculturally used fields and not
providing access to any residential, commercial or industrial structure
is not considered an easement of access.
Elizabethtown Area Water Authority or any successor thereto.
A successor shall include any other entity which owns or operates
the public water system owned or operated by EAWA on the effective
date of this chapter.
The vertical distance above or below a datum which is assumed
to be level. The datum to be used for determination of all elevations
within the Township shall be the general adjustment of the North American
Datum of 1988.
An individual licensed and registered as a professional engineer
by the Commonwealth of Pennsylvania.
The Township Engineer or any consultant designated by the
Board of Supervisors to review a subdivision or land development plan
and perform the duties of engineer on behalf of the Township.
An area not suitable for development that includes floodplains,
floodplain soils, steep slopes, wetlands and riparian areas.
The United States Environmental Protection Agency or any
agency successor thereto.
Elizabethtown Regional Sewer Authority or any successor thereto.
A successor shall include any other entity which owns or operates
the public sewer system owned or operated by ERSA on the effective
date of this chapter.
Any tract of land held in single and separate ownership on
November 13, 1979, with five or more acres, or any lot created after
November 13, 1979, with 25 or more acres, both of which are used for
agriculture, including accessory farm structures and the storage of
equipment customarily incidental to the primary use.
The Federal Emergency Management Agency or any agency successor
thereto.
A way cleared of obstacles and vegetation at all times so
as to allow safe all-weather ingress and egress for emergency vehicles.
A lot or parcel that has been approved with access provided
to the bulk of the lot by means of a narrow corridor. Said lot has
less frontage on a street than is normally required.
The area of inundation which functions as a storage or holding
area for floodwater to a width required for a one-hundred-year flood.
Floodplain shall include floodway and floodway fringe.
Floodproofing is currently defined as any combination of
structural and/or nonstructural provisions, additions, changes or
adjustments to structures or contents which are designed or adapted
primarily to reduce or eliminate flood damage to those structures
or contents.
That portion of the floodplain on which the elevating of
land surface (filling) or construction of structures would cause a
significant increase in water elevation at or above the site.
The area between the floodplain boundary and the floodway
boundary. This area is subject to periodic flooding as a result of
rainfall events up to and including a one-hundred-year storm probability.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The elevation of the lowest level of a particular building,
including the basement, crawl space, or other levels which may be
occupied by persons or infrastructure which serves the building.
A professional geologist registered or licensed as such by
the Commonwealth of Pennsylvania.
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.
A condition, not economic in nature, not caused by the applicant
or developer for which he may request a waiver.
The most recent edition of the Highway Capacity Manual as
published by the Transportation Research Board or successor entity.
Any district, site, building structure, or object that meets
one or more of the following criteria:
Is listed or may be determined to be eligible to be listed on
the National Register of Historic Places, either individually or as
a contributing resource.
Is listed on the Lancaster County Historic Sites Survey or on
any officially adopted municipal inventory of historic resources and
is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
Is determined by a qualified historic preservation professional
to be historically or architecturally significant.
An individual who meets the Secretary of the Interior's professional
qualification standards, as defined in the Code of Federal Regulations,
36 CFR Part 61.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit owners'
association. All such associations shall comply with the requirements
for an owners' association contained in the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq., or the Pennsylvania Uniform
Planned Community Act, 68 Pa.C.S.A. § 5101 et seq.
Those surfaces which do not absorb water. All structures,
buildings, parking areas, driveways, roads, sidewalks and any areas
of concrete, asphalt or packed stone shall be considered impervious
surface. In addition, all other areas as determined by the Township
Engineer to be impervious within the meaning of this definition shall
be considered impervious surface.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, stormwater management facilities, grading, street
signs and plantings and other items for the welfare of the property
owners and the public. Improvement shall also include the creation
of a nonresidential building, the addition of more than 3,500 square
feet to a nonresidential building, the conversion of a nonresidential
building into a greater or lesser number of units of occupancy, or
the conversion of a single-family residence into two or more dwelling
units. Improvements shall not include the erection of a residential
accessory building or structure, including but not limited to detached
garages (not exceeding two-vehicle capacity), swimming pools or tennis
courts, or the erection of an accessory building or structure for
agricultural purposes on a farm in excess of 10,000 square feet.
Institute of Transportation Engineers.
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 accumulatively, 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 accumulatively, 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
The construction of a principal or accessory farm-related building(s)
in excess of 10,000 square feet; or
A subdivision of land.
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 professional landscape architect currently licensed to
practice as such in the Commonwealth of Pennsylvania.
The pipe connection between a main located in the street
and a building served by that main. The lateral may provide water
or sewer services.
A measure of the effect of traffic on the capacity of a road.
A map showing the site with relation to adjoining areas.
A plot or parcel of land which is or in the future may be
offered for sale, conveyance, transfer or improvement as one parcel,
regardless of the method or methods by which title was acquired.
The area contained within the property lines of a lot, excluding
space with any street right-of-way, but including the area of any
easements.
The depth of the lot, measured from the ultimate street right-of-way
to the rear lot line.
The side of a lot abutting on a street right-of-way or alley,
and regarded as the front of the lot.
A metal plate or pin used to identify lot line intersections.
The width of a lot measured at the minimum building setback line as established by Chapter 240, Zoning.
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 process for alleviating specific requirements imposed by
this chapter pursuant to §§ 503(8) and 512.1 of the
MPC. This process may occur in one of three forms, as follows:
DEFERRALAn approval by the Board of Supervisors to delay the time frame in which to comply with one or more regulations of this chapter.
MODIFICATIONAn approval by the Board of Supervisors to alter/adjust/modify the requirement as specified in this chapter in order to meet the intent of the requirement while accounting for preexisting conditions or constraints.
WAIVERThe granting of full relief of compliance to a specific requirement or standard in this chapter, which in the opinion of the Board of Supervisors will not be detrimental to the general welfare, impair the intent of the regulations or conflict with the Comprehensive Plan.
A survey marker which may be made of metal, concrete or stone
which is placed in a location to indicate ends of lot lines, points
of curvature, points of tangency in boundaries describing lots, parcels
of land or of rights-of-way.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, as reenacted and amended, 53 P.S. § 10101
et seq., and as may be amended in the future.
A building providing separate living quarters for two or
more families.
Any use by West Donegal Township.
Any use other than single-family or multifamily dwellings.
An institutional use in which persons may reside, such as a dormitory,
prison, nursing home or hospital, shall be considered a nonresidential
use.
National Pollutant Discharge Elimination System permit for
projects greater than one acre in disturbance area. Permitting is
reviewed and approved by the Country Conservation District and the
DEP.
National Wetland Inventory.
A map adopted by ordinance pursuant to the MPC and recorded
in the office of the Recorder of Deeds.
Parking that is adjoining the curbline of a street.
The owner of record of a parcel of land.
A lot or tract of land.
All contiguous land owned by the same landowner and all land
owned by the same landowner on November 13, 1979, which is or was
contiguous except for the presence of public or private roads and/or
the presence of lots or parcels adversed from the original tract since
November 13, 1979.
An area on a lot utilized for the parking of vehicles for
a single unit of occupancy.
An area on a lot containing any use other than agricultural
or one single-family detached dwelling for the parking of three or
more motor vehicles.
An off-street space available for the parking of one motor
vehicle and having usable access to a street. Garage space may be
included in determining the required number of parking spaces if the
space within the garage is designed and located so that a vehicle
may proceed to and from the garage at all times without requiring
the moving of any other vehicle.
The hour during which the heaviest volume of vehicular traffic
occurs on a given segment of road.
A right-of-way, publicly or privately owned, intended for
pedestrian traffic.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
Any security, in accordance with Article V of the MPC, which may be accepted in-lieu-of a requirement that certain improvements be made prior to final plan approval.
The map or plan of a subdivision or land development, whether
preliminary or final.
A complete and exact subdivision or land development plan, prepared as for official recording, to define property rights and proposed streets and other improvements, including all supplementary data specified in § 200-21.
A complete and exact subdivision and/or land development plan, the sole purpose of which is to permit the construction of only those improvements required by this chapter, as an alternative to guaranteeing the completion of those improvements by the posting of financial security in accordance with the requirements of Article V herein.
The West Donegal Township Planning Commission.
A tentative subdivision or 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.
A final plan which contains the original endorsement of the
Township and the County Planning Commission which is intended to be
recorded with the Recorder of Deeds.
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision for discussion purposes only and
not to be presented for approval. The sketch plan carries within no
vested rights for development.
That land on which water is stored as dead water as the flood rises. The pondage area is not to be associated with flowing streams and does not contribute to the downstream passage of flow for storms up to and including the one-hundred-year event. Pondage may occur as naturally closed contours or as areas subject to flooding due to inadequate downstream structures. Construction may take place in the pondage area as long as there is no increase in the one-hundred-year flood height and it is not in conflict with Chapter 240, Zoning.
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter and/or the Pennsylvania Municipalities Planning
Code.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[1]
A municipal sanitary sewer system approved and permitted
by the DEP and owned by ERSA, the Township or a regional authority
created by the Township and other municipalities.
A municipal water supply system approved and permitted by
the DEP and owned by EAWA, the Township or a regional authority created
by the Township and other municipalities.
The Recorder of Deeds in and for Lancaster County, Pennsylvania.
Any subdivision or transfer of land, laid out on a plan which
was 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 reservoir designed to retain stormwater runoff with its
primary release of water being through the infiltration of said water
into the ground in accordance with the current West Donegal Township
Stormwater Management Ordinance.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
Land set aside for use as a street, alley or other means
of travel.
The rate of rise and fall of a road surface, measured along
the profile center line of the road and expressed in percent.
Any part of precipitation that flows over the land surface.
The maintenance of a structure or natural condition that
blocks the view from other lots or structures so as to prevent the
use on any particular property from being seen from adjoining lots
or structures.
The process by which mineral or organic matter is accumulated
or deposited by the movement of water.
The duly appointed Township Sewage Enforcement Officer.
The Pennsylvania Sewage Facilities Act, Act of June 24, 1966,
P. L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
The length of street, measured along the center line, which
is continuously visible from any point three feet above the center
line.
The most recent edition of the Soil Survey of Lancaster County,
Pennsylvania, published by the National Resource Conservation Service
(NRCS) of the United States Department of Agriculture.
The person or firm appointed as the Township Solicitor in
accordance with § 1101 of the Second Class Township Code
or, if the duly appointed Township Solicitor has a conflict of interest,
special counsel appointed by the Township to provide legal advice
related to a designated application.
The West Donegal Township Stormwater Management Ordinance, Chapter 190.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct
and any other ways used or intended to be used by vehicular traffic
or pedestrians whether public or private. Streets are further classified
as follows:
ARTERIAL STREET; HIGHWAYA street or road which is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by PennDOT.
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance streets of a residential development and streets within such a development.
LOCAL STREETA street which is used primarily for access to the abutting properties.
ALLEYA minor street which is used primarily for vehicle access to the back or the side of properties otherwise abutting a street, or for placement of utilities.
Chapter 240, Zoning, contains an identification of the classification of existing streets which is incorporated by reference.
A boundary line defining the edge of a street right-of-way
and separating the street parcel from abutting property or lots. Also
known as the "street 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.
A developer.
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 division 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 Board of Supervisors of West Donegal Township.
A professional land surveyor currently licensed to practice
as such in the Commonwealth of Pennsylvania.
A wide relatively shallow usually dry ditch, which gathers
and carries surface water flows.
West Donegal Township, Lancaster County, Pennsylvania, as
represented by the Board of Supervisors or its duly authorized agents.
The maximum number of vehicles that can be expected to pass
over a given section of roadway or on a specific lane as defined by
PennDOT.
A single or one-directional vehicle movement.
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:
SINGLE DETACHED UNITA unit that is completely surrounded by open space.
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).
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 center with multiple storefronts).
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).
An area that is designated as appropriate for future development
and includes a city or borough at its center, developed portions of
Township, and development capacity to meet future land use needs.
Urban growth areas are given official standing by their incorporation
on future Land Use Maps and through the adoption in county and local
Comprehensive Plans.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid- and water-carried wastes from residences, commercial buildings,
industrial plants and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks).
A permanent topographic feature, whether natural or man-made,
with a bed and banks, that serves to gather and carry flowing surface
water such as a permanent or intermittent stream, a river, creek,
brook, run or swale; and which is measured by width of the channel
during normal high water.
All land and water within the confines of a drainage basin.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of potable water from a centralized water supply or source to residences,
commercial building, industrial plants or institutions (not including
individual on-lot wells).
Areas that are inundated or saturated by surface water or
groundwater 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
swales, marshes, bogs, and similar areas. Those areas defined as wetlands
under Section 404 of the United States Federal Water Pollution Control
Act, 33 U.S.C. § 1344(a), and the regulations promulgated
by the United States Army Corps of Engineers implementing Section
404, including but not limited to 33 CFR 3263.
The West Donegal Township Zoning Ordinance, Chapter 240.
[1]
Editor's Note: See 65 P.S. § 701 et seq.
