[Ord. 2011-03, 6/27/2011, § 22-201]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated below.
[Ord. 2011-03, 6/27/2011, § 22-202]
1.
In this chapter the following rules of interpretation shall be used:
A.
Words used in the singular imply the plural, and words used in the
plural imply the singular.
B.
The male includes the female and neuter genders.
C.
The word "person" indicates a corporation, an unincorporated association,
a partnership, estate or any other legally recognized entity, as well
as an individual.
D.
The word "may" is directory; the words "shall" and "will" are mandatory.
E.
Words in the present tense may imply the future tense.
F.
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions or agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions or agencies
or officials of the Township or the Commonwealth of Pennsylvania as
in effect or office from time to time including amendments thereto
or revisions or successors thereof, unless the text indicates another
reference is intended.
G.
When a term is defined in the Municipalities Planning Code, 53 P.S.
§ 10101 et seq., and is not otherwise defined in this chapter,
such term shall be interpreted using the definition of the Municipalities
Planning Code.
[Ord. 2011-03, 6/27/2011, § 22-203]
Other terms or words used herein shall be interpreted or defined
as follows:
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one single-family dwelling unit or farm.
Computed by application of a day of the week by month factor
to an average twenty-four-hour traffic count. Such information is
available in the latest volume of the PennDOT Traffic Data Collection
and Factor Development Report.
Land used exclusively for the tilling of the soil, the raising
of crops, forestry, horticulture and gardening, including the keeping
or raising of livestock such as cattle, cows, hogs, horses, sheep,
goats, poultry, rabbits, birds, fish, bees, and other similar animals.
This definition also includes lands used exclusively for noncommercial
greenhouses and mushroom houses.
Individual licensed within the Commonwealth of Pennsylvania
as an architect under the Architects Licensure Law, Act 281 of 1982,
as amended, 63 P.S. § 34.1 et seq.
An area of land bound by interconnected streets.
The Board of Supervisors of Penn Township, Lancaster County,
Pennsylvania.
A landscaped area, or an area of preserved vegetation, intended
to be used as a means of limiting the potentially adverse effects
created by a use, on adjoining properties, streets and uses.
Any structure, either temporary or permanent, having walls
and a roof or other covering, and designed or used for the shelter
or enclosure of any person, animal or property of any kind, including
tents, awnings or vehicles situated on private property and used for
purposes stated above.
The diameter of new landscape plantings measured six inches
above the adjacent natural grade.
The maximum number of vehicles that can be expected to pass
over a given section of street or on a specific lane.
That portion of a street right-of-way, alley, access drive
or driveway that is intended for vehicular movement.
An area of unobstructed vision at a street intersection of
two or more streets, access drives, driveways, or alleys. It is defined
depending on street types by lines of sight between points at a specific
distance from the intersection of the centerline of the two streets,
access drives, driveways, or alleys. No obstructions lower than seven
feet nor higher than 2 1/2 feet as measured from the nearest
street shall be permitted.
A utility operated by a municipality or a company regulated
by the Public Utility Commission that supplies potable domestic water
for use by more than one household, business or institution.
The official Manheim Central Region Comprehensive Plan, Lancaster
County, PA, and any subsequent amendments.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with other owners.
The Lancaster County Conservation District or any successor
agency administering erosion and sedimentation control requirements
established by the DEP within the Township.
The Lancaster County Planning Commission.
The Pennsylvania Department of Environmental Protection or
any successor agency.
The deliberate appropriation of land by a landowner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon the use of a property placed in a deed.
The number of dwelling units in relation to the lot area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, and private streets.
A licensed architect, engineer, landscape architect or land
surveyor.
A basin designed to drain completely after retarding stormwater
runoff by temporarily storing the runoff and releasing it at a predetermined
rate.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading, excavation, mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
The diameter of a tree trunk measured 4 1/2 feet above
the adjacent natural grade.
A lot with front and rear street frontage.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or a farm.
A right-of-way granted for limited use of property by the
landowner for a public or quasi-public or private purpose, and within
which the landowner shall not have the right to make use of the land
in a manner that violates the right of the grantee.
The vertical alignment of a surface as it exists or as it
is made by cutting and filling.
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FLOOR ELEVATION — The elevation of the lowest level of
a particular building, including the basement.
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STREET GRADE — The rate of rise and fall of the surface
of a street, measured along the profile of the centerline of the cartway.
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An individual licensed and registered within the Commonwealth
of Pennsylvania as a professional engineer under the Engineer, Land
Surveyor and Geologist Registration Law, Act 367 of 1945, as amended,
35 P.S. § 148 et seq.
A structure designed as a barrier to restrict the movement
or view of persons, animals, property and/or vehicles. This definition
shall not include ornamental fence treatments that are located in
the front yard and extend less than 1/2 the width and/or depth of
the front yard.
A way cleared of obstacles and vegetation at all times so
as to allow ingress and egress for vehicles during a fire emergency.
A lot whose frontage does not satisfy the minimum width requirements
for the respective zone but that does have sufficient lot width away
from the frontage of the lot.
A relatively flat or low land area that is subject to partial
or complete inundation from an adjoining nearby stream, river or watercourse;
and/or any area subject to the unusual and rapid accumulation of surface
waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures, that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use, including attics
and cellars.
A right-of-way reserved for the future improvement of a street.
A street of less than the required right-of-way and cartway
width, such as a street built from the shoulder edge to the eventual
centerline. (See also "street.")
Any building, site, structure, object, district or area that:
Is listed on the National Register of Historic Places.
Has received a determination of eligibility for the National
Register of Historic Places from the National Park Service.
Which is listed on the Lancaster County Historic Sites Register
or the Comprehensive Site Survey of Lancaster County, both of which
are maintained by the Historic Preservation Trust of Lancaster County.
Which is listed on any officially adopted Township register
or inventory of historic features.
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This term shall include the site, principal structures, accessory
structures, yards, vegetation, fences, street alignments and signage
associated with such features.
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The anticipated opening year of a development, assuming full
build-out and occupancy.
The procedures by which a developer assures the construction
of improvements required by this chapter.
Physical changes to the land, including, but not limited
to, grading, paving, curbs, gutters, stormwater management facilities,
improvements to existing watercourses, sidewalks, street signs, monuments,
water supply facilities, and sewage disposal facilities.
An area that contains 80% or more of the trips that will
be attracted to a development.
The development of land as specified below:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" shall not include:
The conversion of an existing single-family detached dwelling
or single-family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise that would be considered an amusement park.
For purposes of this clause, 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.
An individual licensed and registered within the Commonwealth
of Pennsylvania as a landscape architect under the Landscape Architects'
Registration Law, as amended, 63 P.S. § 901 et seq.
A continuous visual barrier composed of evergreen shrubs
and trees arranged to form both a low-level and a high-level screen
from grade to a height of six feet.
An individual licensed and registered within the Commonwealth
of Pennsylvania as a professional land surveyor under the Engineer,
Land Surveyor and Geologist Registration Law, Act 367 of 1945, as
amended, 35 P.S. § 148 et seq.
A measure of the effect of traffic on the capacity of a street.
A designated parcel, tractor area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
See plan, lot add-on plan.
The area contained within the lot lines of individual parcels
of land, excluding any area within a street right-of-way, but including
the area of any easement.
A percentage of the total lot area which may be covered with
an impervious surface, including buildings, structures, driveways,
parking areas, sidewalks, and ground-mounted solar systems.
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and reverse frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
That side of a lot abutting on the street right-of-way and
regarded as the front of the lot.
A metal plate or pin used to identify lot line intersections.
The horizontal distance measured between side property lines
at the minimum front yard setback line. On corner lots, lot width
shall be measured between the right-of-way line for the non-address
street and the directly opposite property line.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
Any structure intended for or capable of permanent human habitations, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 27-440 of the Penn Township Zoning Ordinance [Chapter 27]. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the purposes of § 27-213 of the Penn Township Zoning Ordinance [Chapter 27], the term "mobile home" shall have the same meaning as "manufactured home."
A concrete or stone monument used to identify street line
intersections.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended and reenacted by Act 170 of 1988, and as subsequently
amended, 53 P.S. § 10101 et seq.
Vehicle trips passing within the study area as defined in
the traffic impact study that do not enter or exit the development
and are generally the result of through traffic and traffic generated
by other developments.
An ordinance adopted and amended from time-to-time pursuant
to Article IV of the Municipalities Planning Code, 53 P.S. § 10401
et seq.
The Penn Township Subdivision and Land Development Ordinance,
as amended [this chapter].
The parking module consisting of one or two rows of parking
spaces and the aisle from which motor vehicles enter and leave the
spaces.
A structure, other than an open ground surface parking area,
in which motor vehicles are stored or parked over each other or over
or under any floor area, in which no other use is conducted, and which
may contain access ramps. "Parking structure" shall include the term
"parking garage."
See "shared trips."
The hour during which the heaviest volume of traffic occurs
on a street.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
Pennsylvania Department of Transportation.
Any financial security that may be accepted in lieu of certain
improvements being made prior to final plan approval.
An individual, partnership, public or private association
or corporation, firm, trust estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A drawing, together with supplementary data, that describes
property.
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FINAL PLAN — A complete and exact subdivision or land
development plan, including all supplementary data.
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LOT ADD-ON PLAN — A complete and exact subdivision plan,
including all supplementary data, the sole purpose of which is to
increase the lot area of an existing lot, with no creation of a new
lot.
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PRELIMINARY PLAN — A subdivision or land development plan,
including all supplementary data, intended to show the configuration
of all proposed lots, streets, building locations and all other improvements,
as they relate to the subject tract.
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RECORD PLAN — A final plan that contains the original
endorsement of the Planning Commission, the Board of Supervisors and
the County Planning Commission, which is intended to be recorded with
the Lancaster County Recorder of Deeds.
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SKETCH PLAN — An informal plan, not necessarily to exact
scale, indicating salient existing features of a tract and its surroundings.
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IMPROVEMENT CONSTRUCTION PLAN — A plan providing the details
for the layout and construction of proposed streets, utilities, stormwater
retention structures, and other improvements.
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The Planning Commission of Penn Township.
The map or plan of a subdivision or land development, whether
preliminary or final.
Includes:
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
A basin designed to retain stormwater runoff with its primary
release of water being through the infiltration of said water into
the ground.
A lot with front and rear street frontage, where vehicular
access is prohibited to and from the higher intensity street.
A corridor of publicly-owned or eased land for purposes of
maintaining primary vehicular and pedestrian access to abutting properties,
including, but not limited to, roads, streets, highways and sidewalks.
Abutting property owners are prohibited from encroaching across the
right-of-way line. (See also "street line.")
That part of precipitation that flows over the land.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
See street, alley (service street).
A line within a property and parallel to a property or street
line that delineates the required minimum distance between some particular
use of a property and that property or street line.
The Northwestern Lancaster County Municipal Authority, or
any successor thereto.
A deciduous tree that shall have a clear trunk at least five
feet above the finished grade.
Vehicle trips entering and exiting a development that were
using the facility on the adjacent streets and therefore did not generate
new trips on the street.
The length of street visible to the driver of a vehicle at
any given point in the street when viewing is unobstructed by traffic.
The latest published version of the United States Department
of Agriculture's Soil Survey of Lancaster County, Pennsylvania.
A non-invasive tree specifically worthy of conservation because
of species, size, shape, form, location, age, historical importance
or other significant characteristic. A specimen tree shall be in good
health, and a minimum of 30 inches or greater diameter at breast height
(DBH). In addition, a unique, culturally valuable, or historically
significant tree of less than 30 inches may be designated a specimen
tree by the Township.
The plan information, including narrative, calculations,
charts and maps, which identifies design and construction details
for managing the quantity and quality of stormwater runoff.
Those controls and measures used to effect a stormwater management
program.
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way
used or intended to be used by vehicular traffic or pedestrians. Streets
shall conform to one of the following categories:
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ARTERIAL — An interregional street that carries vehicle
traffic to and from the region as well as any through traffic, or
a street that interconnects with such interregional street system
and provides connections between boroughs, larger villages, major
resort areas and other traffic generators that develop substantial
volumes of traffic.
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COLLECTOR — A street that provides connections with local
access and arterial streets. They may serve a traffic corridor connecting
villages, small boroughs, shopping points, mining and agricultural
areas on an intra-county or Township basis.
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LOCAL ACCESS — A street that provides direct access to
adjacent land and includes connections to farms, individual residences
and commercial properties, and to higher classes of highway systems.
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ALLEY — A minor right of way, privately or publicly owned,
primarily for service access to the rear or sides of lots.
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CUL-DE-SAC — A local access street that either intersects
at one end with another street and terminates at the other end in
a vehicular turnaround, or intersects at one end with another street
and loops back and intersects with itself in roughly a "P" shape.
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MARGINAL ACCESS STREET — A service street that runs parallel
to a higher order street and provides access to abutting lots and
separation from through traffic. A marginal access street may be designed
as a local access street or collector according to anticipated daily
traffic.
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DIVIDED STREET — A street in which the traffic directions
are physically separated.
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STUB STREET — A short dead-end street that is a portion
of a street that has been approved in its entirety. Stub streets may
extend to the boundary line of the subject tract to permit connection
of streets in adjoining subdivisions.
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A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
A street not accepted for dedication by the Board of Supervisors.
An assembly of materials constructed or erected with a fixed
location on the ground, or attached to something having a fixed location
on the ground, any portion of which is above the natural surface grade,
including, but not limited to, buildings, sheds, cabins, mobile homes
and trailers, fences, dams, culverts, roads, railroads, bridges, storage
tanks, and signs.
For the purposes of § 27-214 of the Penn Township Zoning Ordinance [Chapter 27], a structure shall be considered anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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STRUCTURE, ACCESSORYA structure associated with an accessory use, (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.)
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STRUCTURE, PRINCIPALA structure associated with a principal use.
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Structures shall not include such things as silt fences, sandboxes,
and any other similar non-permanent improvements.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development.
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
An existing lot of record that is proposed for development.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project shall be able to be used, occupied or operated
for its intended use.
A plan showing all present and proposed grades and facilities
for stormwater drains.
A wide shallow ditch that carries surface water runoff.
Penn Township, Lancaster County, Pennsylvania.
The duly appointed Secretary of the Township.
Employees of Penn Township including, but not limited to,
the Zoning Officer, the Township Engineer and the Township Secretary,
designated by the Board of Supervisors to process or review the contents
of an application for development.
The Penn Township Zoning Ordinance [Chapter 27], and as subsequently amended.
A single or one-directional vehicle movement.
An allocation of space within a building that is independent
of other such space and that constitutes a separate use. This shall
include both fee simple ownership and leaseholds.
A portion of a lot that due to physical or environmental
conditions cannot support or is inappropriate for construction of
a street, structure, or any other man-made improvement. Examples include
wetlands, sinkholes, landslides, endangered species habitats, and
hazardous waste dumps.
A process for alleviating specific requirements imposed by
this chapter.
Northwestern Lancaster County Authority or, in the portion
of the Township governed by the intermunicipal cooperation agreement
among Northwestern Lancaster County Authority, Penn Township, Manheim
Borough Authority and Manheim Borough, dated April 14, 2003, Manheim
Borough Authority when the subject property is located in the service
area of Manheim Borough Authority established by such agreement.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
All the land from which water drains into a particular watercourse.
Area with the characteristics of a wetland, as defined by
the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers,
Pennsylvania DEP Protection, and the U.S. Natural Resources Conservation
Service. Wetland areas are not limited to the locations delineated
on wetland maps prepared by the U.S. Fish and Wildlife Service.
The duly constituted Township official designated to administer
and enforce this chapter in accordance with its literal terms.
