As used throughout this chapter, the following words and phrases
shall have the particular meanings as assigned by this section:
ADMINISTRATOR
The person qualified and officially appointed by the Township
to manage the grading and excavation section.
ALLEY
A public thoroughfare which affords only a secondary means
of access to an abutting property and which is not intended for general
traffic circulation.
ALTERATION
Any change, addition or modification in construction, or
any change in the structural members of a building, such as load-bearing
walls, columns, beams or girders.
APARTMENT
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
AS-BUILT PLANS
Plans and profiles prepared by an engineer or surveyor showing
the exact location, size, grade and depth of all public improvements
after completion, including Y-branches and laterals for future house
connections.
AUTHORIZED AGENT
Person or individual having legal power of attorney for another
person or company.
BASEMENT or CELLAR
That portion of the building that is underground but having
at least half its clear height below the average grade of the adjoining
ground. A basement shall be considered a story if more than half its
clear height is above the average grade of the adjoining ground.
BEDROCK
The natural rock layer, hard or soft, in place at ground
surface or beneath unconsolidated surface deposits.
BEST MANAGEMENT PRACTICE (BMP)
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated earth disturbance activities,
to meet state water quality requirements, to promote groundwater recharge
and to otherwise meet the purposes of this chapter.
BLOCK
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to the continuity of development.
BOARD OF SUPERVISORS
The elected governing body of the Township of Cecil, Washington
County, Pennsylvania.
BUFFER AREA
A landscaped area within which no structure or building is
permitted except a wall or fence of a certain depth specified by this
chapter, which is planted and maintained in shrubs, bushes, trees,
grass, ground cover or other natural landscaping material, consisting
of a mix of types and sizes of plant material which, within three
years of planting, meets the standard of providing a compact year-round
visual screen.
BUILDING
Any structure, with walls and a roof, designed, built and
used for the shelter, protection or enclosure of persons, animals
or property, and which is permanently affixed to the land. A building
is also a structure.
BUILDING HEIGHT
The vertical distance from the average finished grade (as
measured around the entire perimeter of the building) to the highest
point of the roof for flat roofs, to the deckline of mansard roofs,
and to the mean height between eaves and peak for gable, hip or gambrel
roofs. The following shall not be included in calculating height:
chimneys, spires, towers, domes, masts, mechanical penthouses, and
aerials.
BUILDING PERMIT
A permit issued by Cecil Township stating that a proposed
construction or improvement complies with the provisions of this chapter
and such other parts of the Township Code as may be applicable. (Also
known as "zoning permit.")
CARTWAY
The paved area of a street between the curbs, including travel
lanes and parking areas, but not including shoulders, curbs, sidewalks
or swales. If curbs are lacking and parking is restricted to the shoulders,
the cartway is defined as the travelway.
CEMETERY
Land used or intended to be used for the burial of human
or animal dead and dedicated for cemetery purposes, including crematories,
mausoleums, and mortuaries, if operated in connection with and within
the boundaries of such cemetery, for which perpetual care and maintenance
is provided.
CLUSTER MAILBOX UNITS (CBU)
A structure or shelter housing multiple mailbox units to
serve each residential dwelling of the development for the expressed
purpose of regular mail delivery provided by the United States Postal
Service (USPS).
[Added 6-6-2016 by Ord.
No. 6-2016]
COMMISSION
The duly authorized Cecil Township Planning Commission, as
appointed by the Board of Supervisors.
COMMON OPEN SPACE
A parcel or parcels of land, or an area of land or an area
of water, or a combination of land and water within a development
site designed and intended for the dedication to and use and enjoyment
of residents of a development, but not including streets and areas
set aside for public utilities.
COMPREHENSIVE PLAN
A plan adopted by the Cecil Township Board of Supervisors
for the future development of the Township, pursuant to state law,
and including any part of such plan separately adopted and any amendment
to such plan, or parts thereof. The document shall include all components
identified in Section 301 of the Pennsylvania Municipalities Planning
Code.
CONSERVATION EASEMENT
An area or strip of land which shall remain in a natural
state, in perpetuity, free from improvement except for access road
crossings and trails.
CONSTRUCTION PLANS
The maps, drawings and textual descriptions accompanying
a subdivision plat and showing the specific location and design of
public improvements to be installed in the subdivision in accordance
with the requirements of this chapter as a condition of plat approval.
CONTROL FACILITY
A method of controlling stormwater runoff by slowing, dampening
or retarding of runoff flows entering the natural drainage pattern
or storm drainage system by temporarily holding water on a surface
area such as a detention basin, parking lot, swale or within the drainage
system itself, and releasing the water at a controlled rate of discharge.
COUNTY
The County of Washington, Pennsylvania.
COVENANT
A private legal restriction on the use of land contained
in the deed to the property.
CUL-DE-SAC
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
CULVERT
A drain, ditch or conduit not incorporated in a closed system
that carries drainage water under a driveway, roadway, railroad, pedestrian
walk, or public way.
CUT
A portion of land surface or area from which earth has been
removed by excavation. The difference in elevation between a point
on the original ground and designated point of lower elevation on
the final grade.
DEDICATION
The setting apart of land or interests in land for use by
the public, by ordinance, resolution or the recording of a plat.
DENSITY
A measure of the number of dwelling units permitted per acre.
DENSITY, GROSS
The number of dwelling units per acre of the total land to
be developed, including public rights-of-way.
DENSITY, NET
The number of dwelling units per acre of land when the acreage
involved includes only the land devoted to residential uses, excluding
public rights-of-way and other public land.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments, and/or agencies, as may from
time to time be established, or such department or departments as
may, in the future, succeed it.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in this
chapter as being inundated primarily by the one-hundred-year flood.
Included are areas identified as Floodway District (FW), Flood Fringe
District (FF), and the Approximated Floodplain District.
DETENTION POND
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other persons having enforceable
proprietary interests in such land. An option or contract can be conditioned
on Township approval.
DEVELOPMENT
Any modification of the natural landscape above and below
ground or water on a particular site, including but not limited to
the division of land into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation or enlargement of any
structure; the placement of mobile homes; or the mining, dredging,
filling, grading, paving, excavation or disturbance of land, including
within flood hazard areas. Any use or extension of the use of land.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including runoff controls to minimize
erosion and sedimentation during and after construction or development.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer, or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
DRAINAGE RIGHT-OF-WAY
The lands required for the installation of storm sewers or
drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
DRIVEWAY
A private roadway providing access to a street or highway.
DWELLING
Any building that contains one or more dwelling units used,
intended or designed to be built, used, rented, leased, let or hired
out to be occupied, or which are occupied for living purposes, not
including hotels and motels or boardinghouses and lodging houses.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit and which
is the only principal structure on the lot and is separated by open
space around the entire perimeter.
DWELLING, TWO-FAMILY
A residential building containing two independent dwelling
units, each having a separate entrance, and which is the only principal
building on the lot.
DWELLING, MULTIFAMILY
A residential building or portion thereof containing three
or more dwelling units, including triplexes, fourplexes, garden apartments,
high-rise apartments and townhouses.
DWELLING, TOWNHOUSE (ROW HOUSE)
A multifamily residential dwelling no more than three stories
in height which contains at least three or more single-family attached
dwelling units, each of which are separated from the adjoining unit
or units by a continuous, unpierced vertical wall extending from the
foundation to the roof, with open space on at least two sides.
DWELLING, GARDEN APARTMENT
A multifamily residential building no more than three stories
in height, containing five or more dwelling units which share a common
entrance to the outside, usually through a common corridor, and which
dwelling units may have other dwelling units either above or below
them.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitary facilities. The term shall
not include recreational vehicles.
EASEMENT
An authorization or grant by a property owner to specific
person(s) or to the public to use land for specific purposes, where
the ownership of such easement is retained by the granting party.
ELEVATION
A.
A point or series of points (contours) which are a common distance
above sea level or other alternate fixed point of reference.
B.
A fully dimensioned drawing of the front, rear or side of a
building showing features such as windows, doors and relationship
of grade to floor level.
ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania.
ENGINEERING SPECIFICATIONS
The engineering criteria of the Township regulating the installation
of any public improvement or facility. In the absence of such Township
engineering criteria, the applicable standards of the Washington County
Subdivision and Land Development Ordinance shall apply.
ENGINEERING, GEOLOGIST
A person who holds a degree in geology from an accredited
college or university and who has training and experience in the field
of engineering geology.
EPA
The United States Environmental Protection Agency.
EROSION
The removal of surface materials by the action of natural
elements.
ESCROW
The arrangement for the handling of instruments or money
not to be released by the Township until specific conditions are met.
ESSENTIALLY DRY SPACE
A building space that will remain dry during flooding except
for the passage of some water vapor or minor seepage, rendering the
structure substantially impermeable to the passage of water.
EVERGREEN
A plant having foliage that remains on the plant throughout
the year.
EXCESSIVE SLOPE
Defined as one of the following groups: those slopes as identified
on the USDA-NRCS soil group map as steep slopes of 25% or more or
those slopes identified on the topographic survey prepared by a land
surveyor registered in the Commonwealth of Pennsylvania as any area
where, over a one-hundred-foot horizontal distance, the slope exceeds
25% from the top to bottom of the break in grade. Said break in grade
must be at least a change in grade of 5% before consideration. All
areas over 25% must be outlined on the topographic plan.
EXCAVATION
Any act by which earth, sand, gravel, rock, mineral substances,
or organic substances, other than vegetation, is dug into, cut, quarried,
uncovered, removed, displaced, relocated, or bulldozed, including
the conditions resulting therefrom.
FACADE
Any side of a building below the eaves that is visible from
any abutting right-of-way.
FARM
Any parcel of land containing at least 10 acres of contiguous
ground used for agriculture, as defined by this chapter.
FENCE
A structure, including entrance and exit gates or openings,
designed and constructed for enclosure, screening, protection, confinement
or privacy.
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, including 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 in
the act of filling.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow, the unusual
and rapid accumulation or the runoff of surface waters from any source.
FLOODPLAIN
The channel proper and the areas adjoining any wetland, lake
or watercourse, including floodway fringe areas, which have been or
hereafter may be covered by the regulatory flood. The floodplain includes
both the floodway and the floodway fringe and is shown on the FIRM
maps.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOOD, REGULATORY BASE
That flood having a peak discharge which can be expected
to be equaled or exceeded on the average of once in a one-hundred-year
period, as shown on the FIRM map(s).
FLOODWAY
The channel of a river or stream and areas adjoining the
channel which are reasonably required to carry and discharge the floodwater
of such river or stream. For purposes of this chapter, the floodway
shall be capable of accommodating a flood of the one-hundred-year
magnitude.
FLOODWAY FRINGE
Those portions of the flood hazard area lying outside the
floodway as shown on the FIRM map(s).
FLOOR AREA, GROSS
The sum, in square feet, of the floor areas of all roofed
portions of a building, as measured from the exterior walls.
FLOOR AREA, NET
The gross floor area of the specified use, excluding stairs,
washrooms, elevator shafts, maintenance shafts and rooms, etc., but
including corridors, storage areas, and other areas not accessible
to the public.
FRONTAGE
The side of a lot abutting a street or way and regarded as
the front of the lot. The length of any one property line of a premises,
which property line abuts a legally accessible street right-of-way.
All sides of a lot adjacent to streets shall be considered frontage.
For lots which do not abut a street, frontage shall be defined as
the side of the lot through which the lot has access to a street.
FRONTAGE ROAD
A local road or auxiliary road parallel to an arterial, established
for control of access and providing access to abutting property and
adjacent areas. Also called a "marginal access street."
GRADE
The mean elevation of the ground adjoining a building on
all sides as referenced from the center line of the adjacent street(s).
GRADE, FINISHED
The elevation of the finished surface of the ground adjoining
a structure after final grading and normal settlement.
GRADING
Any excavation or filling or combination of any act where
earth, sand, gravel or rock is placed, pushed, dumped, pulled, transported
or moved to a new location above or below the natural surface of the
ground, including the conditions resulting from any excavation or
fill. The plowing of, stripping of, or timbering of land for agricultural
purposes shall not be considered as grading.
HAZARD
A danger or potential danger to life, limb or health, or
an adverse effect or potential adverse effect to the safety, use or
stability of property, waterways, public ways, structures, utilities
and storm sewers, including stream pollution.
HEIGHT OF STRUCTURES (OTHER THAN BUILDINGS)
The vertical distance measured from the average finished
grade (as measured around the entire perimeter of the building) to
the highest point of the structure. (See "building height" and "sign
height.")
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior or directly by the Secretary of the Interior
in states without approved programs.
HOMEOWNERS' ASSOCIATION
A community association, other than a condominium association,
which is organized in a development, in which individual owners share
common interests in open space or facilities.
ILLUSTRATIVE SITE PLAN
A topographic and boundary survey of property zoned special
district, proposed for development, which includes a written description
of the various categories of the proposed land uses, but which does
not show the precise locations of proposed buildings; the major street
network proposed to provide access to the areas proposed for development,
but not necessarily the streets or driveways internal to the proposed
development sites; and the location of the site with respect to surrounding
properties and the existing street network. The plan shall be in sufficient
detail to show compliance with all applicable requirements, standards
and criteria of this Code regarding illustrative site plans.
IMPROVEMENTS
Any permanent structure that becomes part of, is placed upon,
or is affixed to real estate, which serves the purpose to render land
suitable for the use intended, including, but not limited to, grading,
paving, curbing, and installation of streetlights and signs, fire
hydrants, water mains, electric service, gas service, sanitary sewers,
storm drains, sidewalks, crosswalks, driveways, culverts and street
trees; any physical construction and all modifications of the natural
landscape, above and below the ground or water, on a particular site.
IMPROVEMENTS, PRIVATE
Those improvements done at the option of the property owner,
intended to benefit that property owner, his or her heirs or assigns.
IMPROVEMENTS, PUBLIC
Those improvements, either required by municipal ordinance
or regulations or installed at the option of the property owner, which
are proposed or required to be turned over to a public entity for
the permanent use and benefit of current and future property owners.
INCIDENTAL
Being likely to ensue as a chance or minor consequence.
INDUSTRIAL USE
Those uses of economic activity, including, for example,
forestry, fishing, hunting and trapping; mining; construction; manufacturing;
transportation, communication, electric, gas and sanitary services;
and wholesale trade.
INFRASTRUCTURE
The fixed public works and facilities necessary in a community,
such as sewers, water systems and streets.
INSPECTOR
The Township Engineer or his authorized representative, whose
duty it is to administer compliance with approved plans and permits.
INSTITUTIONAL USE
Public and quasi-public land uses which enhance the community's
quality of life, including schools, churches, libraries or hospitals,
but not including such uses as utility plants or public garages.
ITEM OF INFORMATION
A word, a group of initials, a logo, an abbreviation, a number,
a symbol or a geometric shape.
LAND DEVELOPMENT
A.
The improvement of one lot or 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
(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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
LANDSCAPE PLAN
A plan prepared by a registered architect, engineer or land
surveyor, or a site plan preparer acceptable to the Township, identifying
each tree and shrub by size and type and location for planting. The
plan shall include a planting diagram and any necessary reports to
show method of planting, mulching and grass plantings.
LAND USE CATEGORY
A category of land use, including residential, commercial
and industrial, which is shown on a subdivision plat for properties
zoned special district within an approved illustrative site plan and
which indicates the intended use and establishes the applicable zoning
regulations for development of a lot or tract within the illustrative
site plan.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off-street parking spaces
are filled.
LOT
A parcel of land intended to be separately owned, developed
or otherwise used as a unit. A parcel of land occupied or intended
to be occupied by a building and its accessory buildings, or by group
dwellings and their accessory buildings, together with such open spaces
as are required, having at least the minimum area required for the
lot in the zone in which such lot is located and having its principal
frontage on a public or approved private street or way.
LOT AREA
The total horizontal area within the lot lines of a lot,
excluding any street rights-of-way.
LOT, CORNER
A lot located at the intersection of two or more streets,
the interior angle of such intersection not exceeding 135°. A
lot abutting a curved street or streets shall be considered a corner
lot if tangent projections of the front lot lines drawn perpendicular
at the side lot lines meet at an interior angle of less than 135°
in front of the lot. On a corner lot, the rear lot line shall be opposite
the side of the house considered to be the front. The owner or developer
of a corner lot may, prior to issuance of a building permit, specify
which street line shall be the front lot line, unless front lot lines
are established for abutting properties.
LOT COVERAGE
The ratio of the covered ground floor area of all buildings
on a lot to the total area of the lot. Accessory buildings and covered
porches shall be included, but projecting eaves on any structure shall
not.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines. The horizontal distance from the midpoint of the front
lot line to the midpoint of the rear lot line or to the most distant
point on any other lot line where there is no rear lot line.
LOT, FLAG
A lot approved with less frontage on a public street than is normally required, where a narrow panhandle access corridor leads to the bulk of the lot located behind lots or parcels with normally required street frontage. [See §
210-27B(10) for illustration.]
LOT LINE, FRONT
On an interior lot, the line separating the lot from the
street right-of-way; on a corner or through lot, the line separating
the lot from either street right-of-way. When a lot or building site
is bounded by a public street and one or more alleys, private street
easements, or private streets, the front lot line shall be the nearest
right-of-way line of the public street.
LOT LINE, REAR
The lot line opposite the front lot line. On a lot pointed
at the rear, the rear lot line shall be an imaginary line between
the side lot lines parallel to the front lot line, not less than 10
feet long, lying farthest from the front lot line. On a corner lot,
the rear lot line shall be opposite the side of the house considered
to be the front.
LOT LINE, SIDE
Any lot line other than a front lot line or rear lot line.
LOT OF RECORD
A lot which is part of a subdivision, the plat of which has
been recorded in the office of the Recorder of Washington County;
or a lot or parcel described by metes and bounds, legally defined
and duly recorded in the office of the Recorder of Washington County.
LOT, THROUGH
A lot other than a corner lot with frontage on more than
one street. On a through lot, both street lot lines shall be deemed
front lot lines.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at the building setback line.
MAJOR EXCAVATING, GRADING OR FILLING
Any operation (other than work in connection with the foundation
for a structure) involving:
A.
Material alteration of the ground surface so as to affect streets,
recreation sites, and other public facilities or physically affect
private property within 1,000 feet of the intended operation; or
B.
A volume of earth movement exceeding an average of 1/2 cubic
yard per square foot of site area or 16,000 cubic yards, whichever
is the lesser; or
C.
A change in ground elevation exceeding 15 feet.
MAINTENANCE GUARANTEE
Any security that may be required and accepted by a governmental
agency to assure that public improvements accepted by the Township
will function as required for a specific period of time.
MANUFACTURED HOME
A dwelling unit, designed and built in a factory, which bears
a seal certifying that it was built in compliance with the Federal
Manufactured Housing Construction and Safety Standards Law of 1974
(42 U.S.C. 5401 et seq.) and which is constructed after January 1,
1981, and which exceeds 950 square feet of occupied space. Also known
as a "modular home."
MARGINAL ACCESS STREET
A local or auxiliary road parallel to an arterial road, established
for the control of access and providing access to abutting properties
and adjacent areas.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or 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 with or 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 erection of a single mobile home.
MOBILE HOME PARK
A tract of land under single, joint or common ownership so
designated and improved to contain two or more mobile home lots for
nontransient use.
MONUMENT
A concrete, stone or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
NONCONFORMING LOT
A lot which lawfully existed prior to the adoption or amendment
of this chapter but which fails by reason of such adoption or amendment
to conform to the lot requirements of the district in which it is
located.
NONCONFORMING STRUCTURE
Any structure that does not meet the limitations on size
and/or location on a lot for the district in which such structure
is located and which legally existed prior to the adoption or amendment
of this chapter.
NONCONFORMING USE
A use of land that does not comply with the use regulations
for its zoning district but which complied with applicable regulations
at the time the use was established.
OBSTRUCTION
Any wall, dam, embankment, dike, pile, abutment, projection,
excavation, channel, swell, rectification, culvert, building, fence,
stockpile, fill, refuse, structure or matter in, along, across or
projecting into any channel, watercourse, swell or flood-prone area,
which may impede, retard or change the direction of the flow of water
either in itself or by catching or collecting debris carried by such
water, or which is placed where the flow of water might carry the
same downstream to the damage of life or property. Also included are
any of the above-listed items which impede the flow of vehicular or
pedestrian traffic in legitimate rights-of-ways.
OCCUPANCY PERMIT
A certificate signed by an official of Cecil Township, stating
that the occupancy and use of land, building or structure referred
to therein complies with the provisions of this chapter and all other
building and local codes as may be applicable.
OPEN SPACE LAND
Land that is restricted in use for public or private recreational
purposes or undisturbed land from a subdivision not intended to be
sold, that is to be left undeveloped, with the intent to be turned
over to a homeowners' association.
OWNER
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 legal power
of attorney from the title holder of record will suffice to establish
a proprietary interest.
PARKING LOT
An area appropriate in size to accommodate the required vehicular
parking for the applicable land use(s), together with driveways and
access aisles, located completely out of the public right-of-way,
and set back from such right-of-way as required by this chapter.
PARKING SPACE
An enclosed or unenclosed surfaced area permanently reserved
for the temporary storage of one passenger motor vehicle or appropriately
part of a street or connected with a street or alley by a surfaced
driveway affording adequate ingress and egress.
PERCOLATION TEST
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
PERENNIAL
In connection with landscaping, a plant having a life span
of more than two years.
PERFORMANCE GUARANTEE
Any security, including performance bonds, escrow accounts
or other similar surety agreements, which may be accepted by a municipality
to assure that public improvements to be accepted by the Township
as part of an application for development will be satisfactorily completed.
PERSON
An individual, partnership, corporation or other legally
recognized entity.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land controlled by a landowner to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created from time to time under the
provisions of a municipal zoning ordinance.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAT, FINAL
A complete and exact subdivision plan or land development
plan, prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
PLAT, PRELIMINARY
A tentative subdivision plan or land development plan, in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
PLAT, SKETCH
An informal subdivision plan or land development plan, not
necessarily drawn to scale, indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
development.
PORCH
A roofed, open area, which may be screened, usually attached
to or part of, and with direct access to or from, a building. A porch
becomes a room when the enclosed space is heated or air conditioned
and when the percentage of window area to wall area is less than 50%.
PRINCIPAL BUILDING
The building in which the primary use on the lot is conducted.
With regard to school, recreational or other uses of property which
may include several buildings in which activity occurs, the Planning
Commission shall determine whether or not each building shall be classified
as a "principal building."
PRINCIPAL USE
The primary use to which the premises are devoted and the
main purpose for which the premises exists, as distinguished from
a secondary or accessory use.
PRIVATE
Any establishment or use limited to members of an organization
or to other persons specifically invited or permitted, where no advertisement
or inducement has been made to the general public.
PUBLIC
Of or pertaining to buildings, structures, uses or activities
belonging to or affecting any duly authorized governmental body, which
is available for common or general use by all.
PUBLIC GROUNDS
Parks, playgrounds and other public areas; and sites for
schools, sewage treatment, refuse disposal, and other publicly owned
or operated facilities.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board
of Supervisors, Planning Commission, or Zoning Hearing Board, intended
to take testimony and obtain public comment prior to taking action
in accordance with the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84) known as the Sunshine Act.
PUBLIC NOTICE
Normally notice published once each week for two consecutive
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 not less
than seven days prior to the date of the hearing. Public notice shall
be made according to the regulations, requirements or guidelines which
most closely apply to the type of meeting or hearing being held or
cancelled.
PUBLIC SERVICE FACILITY
Buildings, power plants or substations, water treatment plants
or pumping stations, sewage disposal or pumping plants, and other
similar public service structures used by a public utility or a railroad,
whether publicly or privately owned, or by a municipal or other governmental
agency, including the furnishing of electrical, gas, rail transport,
communications, water and sewerage services.
PUBLIC USES
Public parks, schools, fire and police stations, libraries,
museums, zoological gardens and parks, city and town halls, county
courthouses, utility complexes, fairgrounds, and administrative and
cultural buildings and structures, but not including public land or
buildings devoted solely to the storage and maintenance of equipment
and materials for public service facilities.
PUBLIC UTILITY
Any person, firm or corporation duly authorized to furnish
electricity, gas, steam, telephone, water or sewerage service to the
public under public regulation.
RECREATION, INDOOR
Any indoor athletic activity, such as, but not limited to,
swimming pools, track and field facilities, soccer fields, gymnasiums
or skating rinks (ice or roller).
RECREATIONAL ENTERPRISE
Establishments for the pursuit of sports and similar recreational
activities, including but not limited to tennis courts, bowling alleys,
miniature golf, golf, skating rinks, and stables, but not including
game machines or other devices providing entertainment not related
to sports.
RECREATIONAL VEHICLE
A vehicle primarily designed as temporary living quarters
for recreation, camping or travel, either with its own motor power
or mounted on or towed by another powered vehicle.
REPLACEMENT COSTS
The sum of money required to reconstruct a structure identical
to the one in question.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity of one acre or more with a point
source discharge to surface waters or the Township's storm sewer system,
or five acres or more regardless of the planned runoff. This includes
earth disturbance on any portion of, or during any stage of, a larger
common plan of development. This only includes road maintenance activities
involving 25 acres or more of earth disturbance.
RESEARCH ACTIVITIES
Research, development and testing related to such fields
as chemical, pharmaceutical, medical, electrical, transportation,
and engineering.
RESIDENTIAL AREA
Any property or parcel of land in any zoning classification
on which exists a legally occupied dwelling.
RESUBDIVISION
Any subdivision or transfer of land, laid out on a plat which
has been approved by the Board of Supervisors, 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.
The right of one to pass over or use the property of another;
B.
A strip of land, either defined or undefined by metes and bounds,
acquired by reservation, dedication, forced dedication, prescription
or condemnation, and intended to be occupied by a road, sidewalk,
walkway, crosswalk, railroad, electric or other utility transmission
lines, oil or gas pipeline, waterline, sanitary or storm sewer, and
other similar uses, for public or private purposes.
RUNOFF
The portion of rainfall, melted snow, irrigation water and
any other liquid that flows across ground surface and is eventually
returned to streams.
SEDIMENTATION
The depositing of earth or soil transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
SELF-STORAGE FACILITY
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized,
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage
from a building, sewer or part thereof, and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter, and discharge of the liquid portion into a disposal
area.
SETBACK
The required minimum horizontal distance between the building
line and the related front, side or rear property line, or along a
private or public street, in which no building or accessory structure
may be located above ground, except as otherwise provided in this
chapter (excludes nominal roof overhangs, chimneys, unenclosed porches
and stoops, and porch or entrance roofs not exceeding six feet in
depth).
SETBACK LINE
A line established generally parallel with and measured from
the property line, defining the limits of a yard in which no building,
other than a permitted accessory structure, may be located. Also known
as a "building line."
SEWAGE DISPOSAL SYSTEM, PUBLIC
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
SEWERS, ON-SITE (PRIVATE)
A septic tank or similar installation on an individual lot
which utilizes an aerobic bacteriological process or equally satisfactory
process for the elimination of sewage and provides for the proper
and safe disposal of the effluent, subject to the approval of health
and sanitation officials having jurisdiction.
SHOULDER
The area of a road right-of-way between the moving traffic
lanes and curb, which is used for emergency stopping of vehicles or
for parking.
SIDEWALK
That portion of the road right-of-way which is improved for
the use of pedestrian traffic.
SIGHT DISTANCE
The extent of unobstructed vision in a horizontal or vertical
plane along a street, as differentiated for local, collector or arterial
streets.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections, defined by lines of sight between points at a given
distance from the intersection of street center lines, in which nothing
is erected, placed, planted or allowed to grow in such a manner as
to limit or obstruct the sight distance of motorists entering or leaving
the intersection.
SITE
A lot, tract or parcel of land or a series of lots, tracts
or parcels of land which are adjoining, where grading work is continuous
and performed at the same time.
SLOPE
The face of an embankment or cut section. Any ground surface
that creates an angle with the plane of the horizon, usually expressed
in a percentage based upon vertical difference in feet per 100 feet
of horizontal distance.
SOIL SURVEY
Interim Soils Survey Report, Volume II, United States Department
of Agriculture, Natural Resources Conservation Service, 1984, and
the Greene and Washington Counties Soil Interpretations, United States
Department of Agriculture, Natural Resources Conservation Service, 1974.
SOILS ENGINEER
A person registered by the Commonwealth of Pennsylvania as
a professional engineer and who has training and experience in the
branch of soils engineering.
SOLID WASTE
All or combinations of ashes, garbage, refuse, radioactive
material, combustible demolition materials, and industrial waste such
as food processing wastes, wood, plastics, metal scrap, etc.
SPECIAL EXCEPTION
An authorized use that may be granted only by the Zoning
Hearing Board in accordance with express standards and criteria specified
in this chapter, plus in accordance with any additional criteria applied
to determine that the impact of the proposed use on the environment
and adjacent properties and streets is equal to or less than any use
specifically listed in the district.
START OF CONSTRUCTION
The first placement of permanent construction of a structure
other than a mobile home on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation. Permanent construction
does not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations,
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not as part of the main structure. For
a structure other than a mobile home without a basement or poured
footings, the start of construction includes the first permanent framing
or assembly of the structure or any part thereof on its piling or
foundation. For mobile homes not within a mobile home park or mobile
home subdivision, start of construction means the affixing of the
mobile home to its permanent site. For mobile homes within mobile
home parks or mobile home subdivisions, start of construction is the
date on which the construction of facilities for servicing the site
on which the mobile home is to be affixed, including, at a minimum,
the construction of streets, either final site grading or the pouring
of concrete pads and installation of utilities, is completed.
STORMWATER COLLECTION/CONVEYANCE SYSTEM
Natural or engineered structures which collect and transport
stormwater through or from a drainage area to the point of final outlet,
including but not limited to any of the following: conduits and appurtenant
features, canals, channels, ditches, streams, culverts, streets and
pumping stations.
STORMWATER MANAGEMENT PLAN
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours and topography.
STATE WATER QUALITY REQUIREMENTS
As defined under state regulations — protection of
designated and existing uses (see 25 Pa. Code Chapters 93 and 96),
including:
A.
Each stream segment in Pennsylvania has a designated use, such
as cold water fishery or potable water supply, which are listed in
25 Pa. Code, Chapter 93. These uses must be protected and maintained
under state regulations.
B.
Existing uses are those attained as of November 1975, regardless
of whether they have been designated in Chapter 93. Regulated earth
disturbance activities must be designed to protect those uses and
to maintain the level of water quality necessary to protect those
uses in all streams and to protect and maintain water quality in special
protection streams.
C.
Water quality involves the chemical, biological and physical
characteristics of surface water bodies. After regulated earth disturbance
activities are complete, these characteristics can be impacted by
the addition of pollutants such as sediment and changes in habitat
through increased flow volumes and/or rates as a result of changes
in land surface areas from those activities. Therefore, permanent
discharges to surface waters must be managed to protect the stream
bank, streambed and structural integrity of the waterway to protect
against these impacts.
STORY
That part of a building between the surface of a floor and
the ceiling immediately above; or if there is a floor above, the portion
of a building between the surface of any floor and the surface of
the next floor above. A basement or cellar shall be considered a story
if more than half its clear height is above the average grade of the
adjoining ground.
STREET
A right-of-way, whether public or private, improved or unimproved,
used or intended to accommodate vehicular traffic.
STREET, ARTERIAL
A system of streets and roads which forms an integrated network
of continuous routes primarily for through traffic. The arterial system
is stratified into "major" and "minor" categories.
STREET, ARTERIAL: MAJOR
Serves corridor traffic movements having trip length and
travel density characteristics indicative of substantial statewide
or interstate travel, or connects major population centers in rural
areas or serves major centers of activity and highest traffic volume
corridors with the longest trip desires in urban areas.
STREET, ARTERIAL: MINOR
Links other cities, towns and traffic generators and provides
a substantial amount of interstate and intercounty service in rural
areas; or interconnects and augments with the principal arterials
to provide service to trips of moderate length for intracommunity
continuity in urban areas.
STREET, COLLECTOR
A system of streets and roads which generally serve travel
of primarily intra-area and intracounty importance with approximately
equal emphasis on traffic circulation and land access service. The
collector system is generally further stratified into "major" and
"minor" categories. The system collects and distributes traffic between
arterial and local systems.
STREET, HALF OR PARTIAL
A street, generally parallel with and adjacent to a property
line, having a lesser right-of-way width than normally required for
satisfactory improvement and use of the street.
STREET, LOCAL
A system of streets and roads that primarily provides local
access service and access to higher order systems.
STREET, MARGINAL ACCESS
A street, parallel with and adjacent to an arterial street,
providing access to abutting properties and control of intersections
with the arterial street.
STREET, PRIVATE
A local street that is not dedicated or accepted for public
use or maintenance that provides vehicular and pedestrian access.
STREET, PUBLIC
A street owned and maintained by a public entity to provide
vehicular and pedestrian access.
STREET, STUB
A temporary dead-end street intended to be extended at a
later date.
STRUCTURAL ALTERATION
Any change to a structure which rearranges the structural
parts, changes the means of ingress or egress, enlarges the floor
area of building or height of structure or building or moves it from
one location or position to another.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. A structure
is not necessarily a building, except as further defined by that term.
This definition is intended to include signs.
SUBDIVISION
The division or resubdivision 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, or transfer of ownership for
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, easement of access or any
residential dwelling, shall be exempted.
SUBDIVISION, MAJOR
Any subdivision not classified as a minor subdivision or
plat adjustment.
SUBDIVISION, MINOR
The subdivision of land into not more than four parcels located
on an existing improved street that does not involve installation
of improvements as required by this chapter, extension of utilities,
frontage on an arterial or collector street, adverse effect to the
development of the remaining parcel, adverse effect to adjoining properties,
or conflict with the Township's Comprehensive Plan, this chapter,
or other state, county or Township ordinances, laws or regulations.
SUBDIVISION PLAT ADJUSTMENT
A subdivision limited to any of the following purposes:
A.
Adjustment of property lines between parcels where no new parcels
are created and no new public improvements are necessary.
B.
Consolidation of several lots into a single lot or tract.
C.
Final survey corrections of property lines for townhouses and
other attached dwellings after construction when the perimeter boundaries
of the original parcel are in conformance with the previously recorded
plan.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least
90% of those improvements required as a condition for final approval
(based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code) 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.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of land characterized as a depression,
used to carry surface water runoff.
SWIMMING POOL
A pool, pond, lake or open tank containing at least 18 inches
of water at any point or containing 150 cubic feet of water, and maintained
by the owner or manager, including a hot tub or spa.
TEMPORARY USE
A use intended for limited duration, to be located in a zoning
district as allowed by special exception by the Zoning Hearing Board.
TERRACE
A natural embankment between a building and its lot lines.
The height of a terrace shall be the difference in elevation between
the lot line and the finished grade at the line of the building.
TOPSOIL
Surface and subsurface soils, normally fertile and rich in
organic matter of humus debris, usually found in the uppermost soil
layer called the "A" horizon.
TOWNHOUSE
A type of multifamily residential building which contains
at least three but not more than eight dwelling units, each for exclusive
use by a single family, each of which has a separate entrance directly
from the outside, and each of which is attached to another dwelling
unit by continuous vertical walls without opening from basement to
roof.
TOWNSHIP
The Township of Cecil, Washington County, Pennsylvania.
TOWNSHIP (FOR APPROVAL PROCESS)
Refers to the Cecil Township Board of Supervisors, or any
individual or commission or agent or agency so designated by the Cecil
Township Board of Supervisors.
TOWNSHIP ENGINEER
A person or company duly appointed by the Township officials
to act in that capacity.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle, and used for short-term human occupancy, carrying of materials,
goods or objects, or as a temporary office.
TRANSFER OF OWNERSHIP OR CONTROL
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
for a specific intended use or purpose or in any other manner prepared
for the construction of a building or other improvement.
UNENCLOSED STRUCTURE
Any structure which does not have its sides or foundation
substantially constructed of a solid and continuous material such
as block, brick, concrete, removable or permanent glass panes, siding,
tile or wood so as to shelter the structure or its foundation.
UNIT
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and including a proportionate undivided interest
in the common elements assigned to the property, structure or building.
USE
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
USE, LESS RESTRICTIVE
A use which is more severe in terms of effects and impacts
on adjacent and neighboring properties, such as a steel manufacturing
plant use, would be considered more severe (less restrictive) than
a typical laboratory or printing service use in the I-1 District.
USE, MORE RESTRICTIVE
A use which is considered milder in terms of effects and
impacts on adjacent and neighboring properties, such as a professional
office use would be considered less severe (more restrictive) than
a gasoline service station use in the C-1 District.
VARIANCE
A modification, granted by the Zoning Hearing Board, of the strict terms of the relevant zoning regulations of Chapter
240, Zoning, of this Code, where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship and result in serious practical difficulties.
WAIVER
A deviation from a specific standard in Article
III,
IV or
V of this chapter, dealing with subdivision, land development, design standards, improvement standards, and required improvement securities, to be investigated and approved on a case-by-case basis by the Board of Supervisors. Same definition applies to "departure."
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and has an undefined or definite channel bed and
banks, including any area adjacent thereto subject to inundation by
reason of overflow or floodwater.
WETLAND
Any area declared by the appropriate state or federal agency
to be a wetland.
WATER FACILITY
Any waterworks, water supply works, water distribution system,
or part thereof, designed, intended or constructed to provide or distribute
potable water.
YARD
An open space on a lot, unoccupied and unobstructed from
the ground upward, except as otherwise provided in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the required setback or building line.
YARD, FRONT
A yard across the full width of the lot extending from the front property line to the front setback line, generally parallel and adjacent to the street right-of-way line. (See yard illustrations at the end of §
240-8, in Zoning chapter.)
YARD, REAR
A yard extending the full width of the lot between the rear setback line and the rear property line. (See yard illustrations at the end of §
240-8, in Zoning chapter.)
YARD, SIDE
A yard between the side setback line and side property line and extending from the front setback line to the rear setback line (See yard illustrations at the end of §
240-8, in Zoning chapter.)
ZONING
A police power measure, enacted by the governing body of
local governments, in which the community is divided into districts
or zones within which permitted and special uses are established as
are regulations governing lot size, building bulk, placement and other
development standards. Requirements vary from district to district,
but they must be uniform within districts.
ZONING MAP
The Official Zoning District Map of the Township of Cecil,
Washington County, Pennsylvania, as approved by the Cecil Township
Board of Supervisors, including all amendments. This map indicates
the zoning districts and other relevant information and is a part
of this Code by reference. The map shall be signed by the Township Supervisors and
shall bear the seal of the Township.
ZONING OFFICER
An official of the Township responsible for the general administration
of zoning regulations, the issuance of building permits, the determination
of individual permit fees, and filings of zoning citations in front
of the Magisterial District Judge.