As used in this chapter, the following terms shall have the
meanings indicated:
ABUT
Areas of contiguous lots that share a common property or
lot line, except not including lots entirely separated by a street
or a waterway. See also definition of "adjacent." See Diagram 235-5A.
Diagram 235-5A
|
ACCELERATION LANE
An added roadway lane that permits integration and merging
of slower moving vehicles into the main vehicular stream.
ACCESS DRIVE
A private improved surface other than a street or driveway
designed and constructed to provide for vehicular movement from a
street to a parking area, garage, dwelling, building or other structure
within a lot or a property containing any use other than one single-family
or two-family dwelling or farm. For purposes of this chapter, access
drives shall be required for all commercial, institutional, industrial,
multifamily and all other uses not served by a driveway as defined
in this chapter.
ADJACENT
Two or more lots that share a common property or lot line
or that are separated only by a street or waterway from each other.
See also the definition of "abut." See Diagram 235-5A.
AGENT
Any person, other than the developer who, acting for the
developer, submits a plan for development, including, but not limited
to, subdivision and/or land development, zoning permit, certificate
of use and occupancy, special exception, conditional use or variance
to the Township for the purpose of obtaining approval(s) thereof.
AISLE
A private drive intended principally to provide vehicular
access within a parking lot for a nonresidential or multiunit residential
land use. Although aisles provide interior vehicular circulation,
their principal function is to provide entrance and exit for individual
parking spaces. Aisles may not be used to intersect streets. See Diagram
235-5M.
ALTERATION
As applied to land, a change in topography as a result of
the moving of soil and rock from one location or position to another;
changing of surface conditions by causing the surface to be more or
less impervious; land disturbance.
APPLICANT
A landowner or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application for
development.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative, or final,
required to be filed and approved prior to the 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.
AS-BUILTS
Plans prepared after construction to reflect the accurate
size, type and location of all improvements such as streets, stormwater
system, sanitary sewer system, water system, landscaping, etc.
AUTHORITY
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
BERM
A landscaped mound of earth or the act of pushing earth into
a mound to shield, screen, separate and/or buffer two separate, incompatible
land uses. Berms also may be used to provide visual interest, decrease
noise and control the direction of water flow.
BLOCK
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad right-of-way, watercourses or bodies of water,
boundary lines of the Township or any combination of the above.
BUFFER
An area within a property or site and generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, that is designed to limit the view, sound and/or light
from the site to adjacent sites or properties.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof or other covering, designed or used for the shelter or
enclosure of any person, animal or property of any kind or combination
thereof, including tents, awnings or vehicles situated on private
property and used for purposes stated above.
A.
ATTACHED BUILDINGA building which is connected to another by two or more party walls in common, except for end units which are considered semidetached. For purposes of this definition, attached buildings shall each have one front yard and one rear yard, and two party walls in common with and attached to two other buildings, except for end units which are considered semidetached.
B.
DETACHED BUILDINGA building that is not connected to any other building and is completely surrounded by permanent open space. For purposes of this definition, detached buildings shall have two side yards, one front yard and one rear yard.
C.
SEMIDETACHED BUILDINGA building that is connected to another building by only one party wall in common. For purposes of this definition, semidetached buildings shall each have one side yard, one front yard, one rear yard and one party wall in common with and attached to another building. End units of attached buildings shall be considered semidetached buildings. See Diagram 235-5B.
Diagram 235-5B
|
BUILDING COVERAGE
The horizontal area measured around the exterior foundation
of the walls of buildings plus the floors of roofed porches, patios,
decks, awnings and terraces, and including the area of all accessory
buildings.
BUILDING HEIGHT
The total overall height in feet of a building measured from
the average finished grade of the building to the highest point of
the roof. See Diagrams 235-5C and 235-5D. Fence or wall height shall
be measured as the vertical distance from the average level of the
ground adjacent to the fence or the wall to the top of the highest
projection.
Diagram 235-5C
|
Diagram 235-5D
|
CALIPER
The diameter of a tree trunk, measured in inches, six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
CARTWAY
The portion of the street or alley right-of-way that is improved,
designated and intended for vehicular use.
CENTRALIZED SEWAGE SYSTEM
A public or private utility system designed to collect, centrally
treat and dispose of sewage from customers, and designed in compliance
with Pennsylvania Department of Environmental Protection (PA DEP)
regulations and/or regulations of the Township, whichever is more
stringent.
CENTRALIZED WATER SYSTEM
A public or private utility system designed to transmit potable
water from a common source to customers, and designed in compliance
with PA DEP regulations and/or regulations of the Township, whichever
are more stringent.
CLEAR SIGHT TRIANGLE
A triangular shaped portion of land in which nothing may
be erected, placed, planted or allowed to green in a manner that limits
or obstructs the sight distance of motorists entering or leaving an
intersection.
COMMON OPEN SPACE
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.
COMPREHENSIVE PLAN
The most recently adopted version of the Official Comprehensive
Plan, West Manheim Township, York County, Pennsylvania, including
any amendments thereto.
CONSERVANCY LOT
Pursuant to Part
6, Article
XII, of Chapter
270, Zoning, relating to conservation subdivisions, a large, privately owned lot comprising all or part of an area of open land. The purpose of the conservancy lot is to voluntarily limit full development of the property for the purpose of providing surrounding residents with visual access to open space and greenway land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through a conservation easement and used in conformance with the standard for greenway land. Public access to a conservancy lot is not required.
CONSERVATION AREA, PRIMARY (PCA)
Pursuant to Part
6, Article
XII, of Chapter
270, Zoning, relating to conservation subdivisions, conservation areas consisting of floodplains, wetlands, and steep slopes (greater than 25%).
CONSERVATION AREA, SECONDARY (SCA)
Pursuant to Part
6, Article
XII, of Chapter
270, Zoning, relating to conservation subdivisions, special features of the property that would ordinarily be overlooked or ignored during the design process (i.e., other natural and cultural resources of the tract).
COUNTY
The County of York, Commonwealth of Pennsylvania.
CROSSWALK
A right-of-way, municipally owned, at least 12 feet wide,
which cuts across a block to furnish access for pedestrians to adjacent
streets or properties.
CUL-DE-SAC
A street with access closed at one end and with a vehicular
turnaround at the closed end.
CURB
The raised edge of a pavement used to confine surface water
on a pavement and to protect the abutting land from vehicular traffic.
DECELERATION LANE
An added roadway lane that permits vehicles to slow down
and leave the main vehicle stream.
DECIDUOUS PLANT
A woody perennial which loses its foliage at the end of each
growing season.
DEED RESTRICTION
A private covenant, running with a parcel of land, which
places specific conditions, limitations or requirements on the use
of such parcel of land, and which is applied to the parcel owner,
his or her successors, or assigns.
DESIGNATED GROWTH AREA
A region within a county or counties described in a municipal or multimunicipal plan that preferably includes and surrounds a city, borough or village, and within which residential and mixed use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned. For purposes of this definition, the "Designated Growth Area" within West Manheim Township, zoning districts, uses and other regulations are further specified in Parts 3 and 4 of Chapter
270, Zoning.
DEVELOPER
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 land development.
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, excavating, or drilling operations.
DRAINAGE FACILITY
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.
DRIVEWAY
A private improved surface other than a street or access
drive designed and constructed to provide for vehicular movement from
a street to a parking area, garage, dwelling, building or other structure
within a lot or a property containing one single-family dwelling,
two-family dwelling or farm. See Diagram 235-5E.
Diagram 235-5E
|
DWELLING
Any residential building or structure designed for living
quarters for one or more families or housekeeping units, including
mobile homes, which are supported by a permanent foundation, but not
including tents, recreational vehicles, hotels, motels, hospitals,
nursing homes, treatment centers or other accommodations used for
transient occupancy.
A.
MULTIFAMILY DWELLINGA residential use of a detached building, or a group of attached or semidetached buildings designed for and/or used as dwellings housing more than two families or housekeeping units. See Diagram 235-5F.
Diagram 235-5F
|
B.
SINGLE-FAMILY ATTACHED DWELLINGA residential use of a dwelling considered an attached building, used by one family or housekeeping unit. For purposes of this definition, a row house and townhouse are considered single-family attached dwellings. See Diagram 235-5G.
C.
SINGLE-FAMILY DETACHED DWELLINGA residential use of a dwelling considered a detached building, used by one family or housekeeping unit. See Diagram 235-5H.
Diagram 235-5H
|
D.
Diagram 235-5I
|
E.
TWO-FAMILY DWELLINGA residential use of a detached building, used by not more than two families or housekeeping units. See Diagram 235-5J.
Diagram 235-5J
|
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
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 or another easement holder in a nonexclusive
easement shall not have the right to make use of the land in a manner
that violates the right of the grantee.
EMERGENCY SERVICES
A public use owned and/or operated by an independent fire
department or company and/or emergency medical service or ambulance
provider for related activities. Accessory club rooms, club grounds
and meeting halls may be included if they are permitted uses in that
zoning district. This use may include accessory housing for emergency
service or fire personnel while on call.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
EROSION
The natural process by which the surface of the land is worn
away by water, wind, gravity or chemical actions.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance of
public utilities or municipal or other governmental agencies or private
corporations under contract to a municipality, of gas, electrical,
telephone, steam or water transmission or distribution system, and
sewage disposal systems. This includes but is not limited to the following:
buildings, enclosures, wells, pumping stations, poles, wires, mains,
drains, sewers, pipes, conduits, cables, and accessories and services,
fire alarm boxes, police equipment and accessories and services in
connection therewith, reasonably necessary for the furnishing of adequate
service by such public utilities or municipal or other agencies or
private corporations under contract to a municipality. The following
are excluded from essential services: firehouses or fire companies
and emergency services and/or ambulances under agreement with the
municipality or for the public health or safety or general welfare,
as well as excluding wireless telecommunications facilities.
EVERGREEN PLANT
A woody perennial which retains its foliage for more than
one growing season.
FARM
A parcel or parcels of land, totaling at least 10 acres in
size, used for a principal agricultural use. A farm may include one
single-family detached dwelling and other necessary farm structures
and the use, repair, maintenance and storage of equipment associated
with the principal agricultural use.
FILL
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
designated point of higher elevation on the final grade. The material
used to make a fill.
FINISHED GRADE
The proposed elevation of the land surface of a site after
completion of all site preparation work.
FLOODPLAIN
Any areas of West Manheim Township, subject to the one-hundred-year
flood, which will be identified as Zone A (area of special flood hazard)
in the Flood Insurance Study (FIS) as finalized and dated on or before
September 25, 2009, and the accompanying maps or the most recent revision
thereof as issued by the Federal Emergency Management Agency, including
all digital data developed as part of the Flood Insurance Study.
A.
FW (FLOODWAY AREA)The areas identified as "floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
B.
FF (FLOOD-FRINGE AREA)The remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
C.
FA (GENERAL FLOODPLAIN AREA)The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.
FOOTCANDLE
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), stated in lumens per square
foot and measurable with an illuminance meter, also known as "light
meter."
FREEBOARD
The difference in elevation between the peak design flow
elevation in the emergency spillway or other conveyance channel and
the top of the settled embankment, intended to allow a margin of safety
for channel restriction, wave action, frozen conditions, etc.
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or
above an angle 10° below that horizontal plane, at all lateral
angles around the fixture. See Diagram 235-5K.
Diagram 235-5K
|
FULLY SHIELDED
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
GLARE
Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted, to cause
annoyance or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
GRADE
The slope expressed in a percent which indicates the rate
of change of elevation over a given distance expressed in feet per
hundred feet.
GROUND COVER
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
GUARANTEE, COMPLETION
The financial security that may be accepted by the Township
as a guarantee that improvements required as part of an application
for subdivision and/or land development are completed to the satisfaction
of the Township. Such financial security shall include, but is not
limited to, performance bonds, federal or commonwealth chartered lending
institution irrevocable letters of credit and restrictive or escrow
accounts in such lending institutions. All bonding or financial institutions
shall be approved by the Commonwealth of Pennsylvania.
GUARANTEE, MAINTENANCE
The financial security that may be accepted by the Township
as a guarantee that improvements required as part of an application
for subdivision and/or land development will be in first-class condition,
state of repair and working order for a specific period of time. Such
financial security shall be similar to that accepted for a completion
guarantee.
HARDSHIP
A condition not caused by the applicant for which he may
request a hardship modification.
HARDSHIP MODIFICATION
The granting of an exception to these regulations which in
the opinion of the Township will not be detrimental to the general
welfare, impair the intent of the regulations or conflict with the
Comprehensive Plan. Such modifications are granted only for reason
of undue hardship as determined by the Board of Supervisors.
HOMEOWNERS' ASSOCIATION
An organization of property owners within a development established
as a nonprofit corporation for the ownership, administration, and
maintenance of the common open space within the development. Such
organizations are generally consistent with the requirements for unit
owners' associations found in the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
ILLUMINANCE
Quantity of light, measured in footcandles.
IMPERVIOUS COVERAGE
The percentage of the lot area covered by man-made surfaces
that have a coefficient of runoff of 0.85 or greater. For the purposes
of determining compliance with this chapter, any compacted stone surfaces
regularly used for vehicle parking and movement shall be considered
to be impervious. In addition, all buildings, structures, driveways
and sidewalks shall be considered as impervious surfaces for computation
of lot coverage. See definition of "lot coverage."
IMPROVEMENTS
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, grading, street signs, plantings and other items
required to protect the welfare of the property owners and the public.
INFILTRATION STRUCTURES
A structure designed to direct stormwater runoff into the
ground (e.g., dry well, french drains, seepage pits, seepage trenches)
for the purpose of stormwater management and/or foundation drainage.
KNOLL
A small, round hill.
LAND DEVELOPMENT
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; or
(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.
C.
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 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.
LANDSCAPE PLAN
A component of a development plan, where required, on which
is shown proposed landscape species (such as number, spacing, size
at time of planting and planting details); proposals for protection
of existing vegetation during and after construction; proposed treatment
of hard and soft surfaces; proposed decorative features; grade changes;
buffers and screening devices; etc.
LIGHT TRESPASS
Light emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
LOCATION MAP
A map showing the site with relation to adjoining areas,
streets, and other physical features.
LOT
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.
A.
LOT, CORNERA lot that has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards (abutting the street), one side yard and one rear yard. For purposes of this chapter, the front lot line of the street in which the lot is addressed shall be the primary front lot line, and the other front lot line shall be the secondary front lot line. The rear lot line shall be the lot line directly opposite the primary front lot line. The side lot line shall be the lot line directly opposite the secondary lot line. See Diagram 235-5L.
B.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street right-of-way. See Diagram 235-5L.
C.
LOT, REVERSE FRONTAGEA lot extending between and having frontage on more than one street right-of-way of differing classifications, and with vehicular access typically from the street of lower classification. See Diagram 235-5L.
D.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel street rights-of-way. See Diagram 235-5L.
Diagram 235-5L
|
LOT AREA, GROSS
The area contained within the property lines of a lot including
any areas within any public or private rights-of-way and/or recorded
easements.
LOT AREA, NET
The area contained within the property lines of a lot excluding
any areas within any public or private rights-of-way.
LOT DEPTH
The linear horizontal distance measured between the street
right-of-way line and the closest rear property line. On corner, reverse
frontage and through lots, the depth shall be measured from the street
right-of-way line of the street of address (primary front lot line)
to the property line (rear lot line) directly opposite. See Diagram
235-5E.
LOT LINES
The lines bounding a lot as defined herein. See Diagram 235-5E.
LOT OF RECORD
A lot that has been recorded in the office of the Recorder
of Deeds of York County, Pennsylvania.
LOT WIDTH
The continuous linear horizontal distance measured at the
required minimum front setback line, between side property lines,
parallel to the street frontage. On corner lots, lot width shall be
measured from the street right-of-way line of the nonaddress street
(secondary front lot line) to the property line (side lot line) directly
opposite. See Diagram 235-5E.
LUMEN
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
MARKER
A survey object, typically iron pipe or steel bar, placed
at a surveyed point of intersection of two or more lines. More specifically,
markers shall be utilized to mark property corners, and changes in
bearing or intersection of right-of-way lines.
MID-ROW LANDSCAPE ISLAND
A landscaped island located within a row of contiguous parking
spaces in a parking lot and which provides for landscaping opportunities
within parking lots.
MINOR LAND DEVELOPMENT
A residential land development involving four lots or less
and involving no new streets or other public improvements or dedications.
All nonresidential land developments shall be submitted as major land
developments.
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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
MOBILE HOME PARK
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.
MONUMENT
A survey object, typically concrete structure with brass
cap, used to mark a horizontal and vertical datum.
ON-SITE SEWER SERVICE
The disposal of sewage generated by one principal use with
the use of a private, safe and healthful means within the confines
of the lot on which the use is located, as approved by the PA DEP.
ON-SITE WATER SERVICE
The provision of a safe, adequate and healthful supply of
water to a single principal use from a private well.
OPEN SPACE
Unoccupied area open to the sky and on the same lot with
the principal use.
OWNER
The owner of record of a parcel of land.
PA DEP
Pennsylvania Department of Environmental Protection.
PA PUC
Pennsylvania Public Utility Commission.
PARCEL
A unit of land which meets all of the following criteria:
A.
Owned by the same owner or owners on July 16, 1985; and
B.
Obtained by its owners at the same time and by the same instrument
(deed, will, etc.); and
C.
Is contiguous; land shall be considered contiguous even though
separated by public or private roads.
PARK
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure, leisure, fellowship or exercise, commonly involving a
sporting activity, camping, hiking, jogging, bicycling, swimming,
picnicking and other related activities which is open to the public.
A park may include amenities such as ball fields, tennis courts, trails,
playground equipment, restrooms, picnic tables, cooking grills and
similar facilities. For purposes of this chapter, parks shall not
include improvements for or permit uses considered commercial recreational
uses.
PARKING LOT
An off-street area designed and improved solely for the parking
of motor vehicles, including driveways, aisles and maneuvering space
appurtenant thereto. See Diagram 235-5M.
Diagram 235-5M
|
PARKING SPACE
An off-street space within a building, or on a lot or parking
area, available for the parking of one motor vehicle and having direct
usable access to a street right-of-way or aisle. See Diagram 235-5M.
PENNDOT
Pennsylvania Department of Transportation.
PERCOLATION TEST
A procedure to determine the absorption rate of the soil
in an area proposed as the installation site for an on-lot wastewater
disposal system or an infiltration structure. Such a test will be
carried out according to the requirements of the PA DEP.
PERFORMANCE BOND
An agreement by and between a contractor and a bonding company
in favor of the West Manheim Township Board of Supervisors guaranteeing
the completion of physical improvements. All bonding or financial
institutions shall be approved by the Commonwealth of Pennsylvania.
PERFORMANCE STANDARDS
A set of criteria or limits relating to certain characteristics
that a particular use or process may not exceed.
PERIMETER PARKING LOT LANDSCAPING
Landscape located around the outside perimeter of a parking
lot, except along the street frontage. Perimeter landscaping includes
the area provided in the setback required between the parking spaces
and the building. See Diagram 235-5M.
PLAN
The map or plan of a land development, whether sketch, preliminary,
or final.
A.
PLAN, SKETCHAn informal land development plan, not necessarily to scale, indicating existing features of a tract and its surroundings and approximate proposed street and lot layout for discussion purposes only and not to be presented for approval.
B.
PLAN, PRELIMINARYA tentative land development plan, in lesser detail than a final plan, showing the existing features of a tract and its surrounding and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
C.
PLAN, FINALA complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.
PLANTING UNIT (PU)
A unit of measure used to determine the quantity of plantings
required in a residential, commercial, industrial or other development
project. For the purpose of this chapter, one planting unit (PU) equals
one of the following:
A.
One major deciduous tree;
B.
Two minor deciduous trees;
D.
Five hundred square feet of ground cover, exclusive of residential
yard area.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources,
shall include means to conserve, safeguard these resources from wasteful
or destructive use, but shall not be interpreted to authorize the
unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resources Conservation Service York County
Soil Survey.
PRIVATE DRIVE
A legally established easement, other than public or private
street, which provided the primary pedestrian and vehicular access
to two lots and is constructed to the design standards contained in
this chapter.
PRIVATE ROAD
A legally established right-of-way, other than a public street,
which provides the primary pedestrian and vehicular access to one
or more lots and is constructed to the design standards contained
in this chapter.
PROFESSIONAL CONSULTANTS
Persons who provide expert or professional advice, including,
but not limited to: architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, paths and other recreational areas and other
public areas;
B.
Sites for schools, sewage treatment facilities, refuse disposal
and other publicly owned and operated facilities;
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the MPC.
PUBLIC IMPROVEMENTS
Any improvements, facility, or service required to provide
transportation, pedestrian access, drainage, survey monumentation,
landscaping, fire protection, water supply, sewer facilities, erosion
control, and similar essential services.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
PUBLIC USE
A use owned, operated or controlled by a government, government
agency or government authority (federal, state, or county) for valid
public health, public safety, recycling collection or similar governmental
purpose, and which is not owned by West Manheim Township or an authority
created by West Manheim Township.
RECREATION, ACTIVE
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, pools, courts, tracks, playgrounds or fields.
RECREATION AREAS
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities. Public recreation areas are those owned and operated by
a unit of local government. Private recreation areas are those owned
and operated by a nonprofit organization, and open only to bona fide
members and their guests. Commercial recreation areas are those operated
as a business and open to the public for a fee.
RECREATION, PASSIVE
Activities that involve relatively inactive or less energetic
activities such as walking, sitting, picnicking, card games, chess,
checkers and similar table games.
RESUBDIVISION
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.
RIGHT-OF-WAY
A right of passage across land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, shade
trees, or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established. For the purpose
of this chapter, also includes easements. See Diagram 235-5E.
RURAL RESOURCE AREA
An area described in a municipal or multimunicipal plan within
which rural resource uses, including, but not limited to, agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
SCREENING
A.
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, berms or other features.
B.
A device or materials used to conceal one element of a development
from other elements or from adjacent or contiguous development.
C.
Screening may include one or a combination of the following
materials of sufficient mass to be opaque or that shall become opaque
after 12 months and which shall be maintained in an opaque condition:
walls, berms or plantings.
SEEPAGE PIT/SEEPAGE TRENCH
An area of excavated earth filled with loose stone or similar
material into which surface water is directed for infiltration into
the ground, (i.e., infiltration structures).
SEPTIC TANK
A watertight tank in which raw sewage is broken down into
solid, liquid, and gaseous phases to facilitate further treatment
and final disposal.
SETBACK
The required horizontal distance between a minimum setback
line and a property or street right-of-way line. See Diagram 235-5E.
A.
SETBACK, FRONTThe distance between the street right-of-way line and the minimum required front setback line projected the full width of the lot. See Diagram 235-5E.
B.
SETBACK, REARThe distance between the rear lot line and the minimum required rear setback line projected the full width of the lot. See Diagram 235-5E.
C.
SETBACK, SIDEThe distance between the side lot line and the minimum required side setback line projected the full depth of the lot. See Diagram 235-5E.
SETBACK LINE
A line within a property and parallel to a property or street
right-of-way line which delineates the required minimum distance between
some particular permitted use of property, building and/or structure
and that property or street right-of-way line. See Diagram 235-5E.
SEWER AUTHORITY
The West Manheim Township Sewer Authority (or West Manheim
Township if no authority exists).
SHOULDER
The portion of a roadway contiguous with the cartway that
accommodates stopped vehicles, emergency use, and lateral support
of subbase, base and surface course.
SHRUB
A low, multistemmed woody plant with a mature height between
18 inches and 10 feet.
SIGHT DISTANCE
The maximum length of roadway at which a driver, at an access
location, can continuously see another vehicle approaching on the
roadway. The length is measured along the center line of the roadway,
from a point located three feet high and 10 feet back from the edge
of pavement.
SLOPE
The deviation of a surface from the horizontal, usually expressed
in percent, computed by dividing the vertical distance by the horizontal
distance times 100, or as a ratio of the feet vertical to a foot horizontal.
STABILIZATION
The proper placing, grading and/or covering of soil, rock
or earth to ensure its resistance to erosion, sliding, or other movement.
STORMWATER
Drainage runoff from the surface of the land, buildings,
paved areas, etc., resulting from precipitation or snowmelt or ice
melt.
STORMWATER MANAGEMENT FACILITIES
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses
and floodplains) used to affect a stormwater management program.
STORMWATER MANAGEMENT PLAN
A plan for controlling surface water runoff so that it will
preclude erosion or flooding and/or the adverse effects of impervious
areas on surface water runoff as required by this chapter and other
Township ordinances, codes, regulations, plans and maps.
STREAM
A watercourse with definite bed and banks which confine and
convey continuously or intermittently flowing water.
STREET
A public or private way, excluding driveways, access drives
and alleys, which affords the means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, lane, viaduct and
any other dedicated and accepted public right-of-way or private right-of-way.
Streets are further classified as follows:
A.
ARTERIALA street designed to maximize mobility over land access. As a result, arterials should have minimal to no direct land access. Arterials generally convey between 10,000 and 25,000 average daily trips (ADT) for distances greater than one mile. This type of roadway often connects urban centers with outlying communities and employment or shopping centers.
B.
MAJOR COLLECTORA street designed to provide for medium length travel distances and generally convey between 1,500 and 10,000 ADT. Major collectors also provide land access to major land uses, such as regional shopping centers, large industrial parks, major subdivisions, and community-wide recreation facilities. The primary utilization of major collectors is by motorists traveling between local streets and community-wide activity centers or arterial roads.
C.
MINOR COLLECTORA street designed and intended to serve as the main circulation roads within large residential subdivisions and small rural settlements. Trip lengths tend to be shorter in developed areas then in the outlying rural areas.
D.
LOCAL COLLECTORA street intended to balance the functions of mobility and access. These roads can be found as the main circulation roads within large residential subdivisions and small rural settlements. Trip lengths can range from fairly short in developed neighborhoods to slightly longer in rural areas.
E.
LOCAL ROADA street designed and intended to provide immediate access to abutting land uses. These roads may serve up to 25 dwellings. In outlying rural areas, local roads may tend to run for great distances and serve more individual properties. Local roads are generally intended for transportation within a particular neighborhood or to or from one of the higher classifications of roadways.
STREET GRADE
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.
STREET LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the "street
right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, access drives, walkways and parking areas or other
at-grade structures. All structures must meet setback requirements.
See also the definition of "building."
SUBDIVISION
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.
TERMINAL LANDSCAPE ISLAND
A landscaped island located on either end of rows of parking
spaces within a parking lot which provides opportunities for landscaping
and which defines the ends of parking aisles, thus contributing to
traffic circulation control.
TOWNSHIP
West Manheim Township, York County, Pennsylvania, Board of
Supervisors, its agents, or authorized representatives.
TOWNSHIP AGENT
The Township staff person authorized to accept plans and
issue permits; in most cases, this refers to the Township Zoning Officer.
TRACT
A parcel of land that is the subject of a development application.
TRAFFIC IMPACT STUDY
A report analyzing the existing traffic system conditions
and the effects of development on the traffic system.
TRAVEL LANE
The portion of the roadway for the movement of vehicles traveling
from one destination to another, exclusive of shoulders.
TREE, EVERGREEN
An evergreen plant with a mature height exceeding 15 feet,
and a height at planting of between five feet and six feet.
TREE, MAJOR DECIDUOUS
A canopy tree with a mature height exceeding 25 feet, and
a minimum caliper at the time of planting in excess of two inches.
TREE, MINOR DECIDUOUS
A tree with a mature height of between 10 feet and 25 feet
and a minimum caliper at the time of planting between one inch and
two inches.
WAIVER
The process used to receive a modification of a requirement
of this chapter as it applies to a specific application. A waiver
request shall be submitted with the plan at filing and will be decided
upon by the Township Board of Supervisors.
WATERCOURSE
A channel for the conveyance of surface water, such as a
stream or creek, or intermittent stream, having a defined bed and
banks, whether natural or artificial, with perennial or intermittent
flow.
WATERSHED
A region or area bounded peripherally by a contour elevation
devising a line where surface water drains into a particular waterway
or stream. A watershed is the total area drained by a stream or tributary.
WETLANDS
Those 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
swamps, marshes, bogs and similar areas. (The term includes, but is
not limited to, wetland areas listed in the State Water Plan, the
United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan and a wetland area designated
by a river basin commission. This definition is used by the United
States Environmental Protection Agency and the United States Army
Corps of Engineers.)
WOODLANDS
Areas covered with stands of trees, the majority of which
are greater than twelve-inch caliper, covering an area greater than
1/4 acre; or a small concentration of mature trees without regard
to minimum area consisting of substantial numbers of individual specimens.
A.
WOODLAND, MATUREWoodlands consisting of 30% or more canopy trees having a twelve-inch or greater caliper, or any small concentration of trees consisting of eight or more trees having a sixteen-inch or greater caliper.
B.
WOODLAND, YOUNGWoodlands consisting of 70% or more canopy trees having a two-and-one-half-inch caliper or greater.
YARD
An unoccupied and unobstructed open space between the permitted
structures and the property line. See Diagram 235-5E.
A.
YARD, FRONTThe yard area contained between the street right-of-way line and the principal structure. See Diagram 235-5E. Corner lots shall have two front yards. See also definition
of "lot, corner." See Diagram 235-5L.
B.
YARD, REARThe yard area contained between the principal structure and the property line directly opposite the street of address (primary front lot line). See Diagrams 235-5E and 235-5L.
C.
YARD, SIDEThe yard area(s) between a principal structure and any side lot line(s). See Diagram 235-5E. On corner lots, any yard area not abutting a street right-of-way line of the street of address (primary front lot line) and not determined to be the rear yard shall be considered the side yard. See Diagram 235-5L.
ZONING DISTRICT
A portion of the Township or adjacent municipality(s) within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter (or the adjacent
municipality's zoning ordinance).
ZONING MAP
The Official Zoning Map of West Manheim Township which is an integral part of Chapter
270, Zoning, and which is kept up-to-date and on display at the Township office.
ZONING OFFICER
The person charged with the duty of enforcing the provisions of Chapter
270, Zoning, and any officially designated assistant.
ZONING ORDINANCE
The West Manheim Township Zoning Ordinance, as amended, codified as Chapter
270, Zoning, of the Code of the Township of West Manheim.