[Ord. 486, 6/3/2013, § 2.01]
1. Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning herein indicated:
A. Words in the singular include the plural and those in the plural
include the singular. Words in the present tense include the future
tense.
B. The word "shall" is always mandatory; the word "may" is permissive;
and the word "should" means a suggested or preferred action.
C. The words "person" or "subdivider" and "developer" or "owner" include
a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
D. The word "includes" or "including" shall not limit the term to the
specific example, but is intended to extend its meaning to all other
instances of like kind and character.
E. The words "used or occupied" include the words "intended, designed,
maintained, or arranged to be used, occupied or maintained."
[Ord. 486, 6/3/2013, § 2.02]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Undefined terms or words used herein shall have their ordinarily accepted
meanings or such meanings as the context of this chapter may imply.
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activities and the natural processes at a rate
greater than would occur because of the natural process alone.
AGRICULTURAL ACTIVITIES
The work of producing crops and raising livestock including
tillage, plowing, disking, harrowing, pasturing and installation of
conservation measures. Construction of new buildings or impervious
area is not considered an agricultural activity.
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;
also the changing of surface conditions by causing the surface to
be more or less impervious; land disturbance.
APPLICANT
A land owner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
ACT 247
See "Pennsylvania Municipalities Planning Code."
BASE FLOOD
The flood, also known as the one-hundred-year flood, which
has a one-percent chance of being equaled or exceeded in any given
year; the flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinances
have been prepared.
BASE FLOOD ELEVATION
The determination by the Federal Insurance Administrator
of the water surface elevation of the base flood, that is, the flood
level that has a one percent or greater chance of occurrence in any
given year.
BUILDING
A structure which has a roof supported by columns, piers,
or walls, which is intended for the shelter, housing, or enclosure
of persons, animals, or chattel or which is to house a use of a commercial
or manufacturing activity.
BUILDING (SETBACK) LINE
A line established by Township zoning codes or the subdivision
regulations which defines the required minimum distance between any
building and the adjacent public right-of-way or property line.
CARTWAY
The portion of the street right-of-way, paved or unpaved,
intended for vehicular use. The shoulder is not considered part of
the cartway.
CHANNEL EROSION
The widening, deepening, and headward cutting of small channels
and waterways, due to erosion caused by moderate to large floods.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and the water within a development site, designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
CONSTRUCTION
Includes the building, reconstruction, extension, expansion,
alteration, substantial improvement, erection or relocation of a building
or structure, including manufactured homes, and gas or liquid storage
tanks. For floodplain purposes, "new construction" includes structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by the Township.
COUNTY
Lebanon County, Pennsylvania.
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 a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings, manufactured homes, or other
structures, mining, dredging, filling, grading, paving, excavation,
or drilling operations or the storage of equipment or materials.
DOWNSLOPE PROPERTY LINE
That portion of the property line of the lot, tract, or parcels
of land being developed located such that all overland or pipe flow
from the site would be directed towards it.
EASEMENT
A right-of-way granted for limited use of land for public
or quasi-public purpose.
ENGINEER, REGISTERED
An individual licensed and registered as a professional engineer
by the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP
A registered engineer designated by the Commissioners to
perform duties as required by this chapter on behalf of the Township.
EROSION
The movement of soil particles by the action of water, wind,
ice, or other natural forces.
FLOOD
A general and temporary inundation of normally dry land areas
by water from waterway overflows or the unusual and rapid accumulation
or runoff of surface waters from any source.
FLOODPLAIN
(1) a relatively flat or low land area adjoining a river,
stream, or watercourse, which is subject to partial or complete inundation
by water; (2) an area subject to the unusual and rapid accumulation
or runoff of surface water from any source. For the purposes of this
chapter, the floodplain shall be considered to be the one-hundred-year
floodplain which is a floodplain having a one-percent chance of being
subject to the above conditions during any given year.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land area that must be reserved to discharge the base flood without
cumulatively increasing the water surface elevation of that flood
more than one foot at any point.
GRADE
A slope, usually of a road, channel or natural ground specified
in percent and shown on plans as specified herein. (To) grade-to finish
the surface of a roadbed, top of embankment or bottom of excavation.
IMPROVEMENTS
Physical additions and changes to the land, necessary to
produce usable and desirable lots.
LAND DEVELOPMENT
(1) The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving (a) 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
(b) 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; (2) a
subdivision of land; (3) development in accordance with § 503(1.1)
of the PA Municipalities Planning Code.
LAND/EARTH DISTURBANCE
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any activity that causes an
alteration to the natural condition of the land.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase, 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.
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.
LOT AREA
The area contained within the property line of a lot or the
allocation of land, excluding space within any street right-of-way.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
(1) all mobile homes and (2) camping trailers, recreational vehicles,
travel trailers, and other similar vehicles placed on a site for greater
than 180 consecutive days.
MANUFACTURED HOME PARK AND/OR SUBDIVISION
A lot or area which is a planned development and designated
to contain two or more manufactured homes for rent or for sale. Any
lot or area proposed to utilize such design where individual manufactured
home sites are proposed for sale shall be known as a manufactured
home subdivision.
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 erection 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.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
Adopted as Act 247 of 1968, this Act enables municipalities
to plan for, and regulate, community development with subdivision
and land development ordinances. The code also contains guidelines
for subdivision and land development ordinance content. For the purpose
of this chapter, the Code is referred to as "Act 247" and is intended
to include the current code and any further amendments thereto.
PLAN, FINAL
A complete and exact subdivision or land development plan
prepared for recording as required by statute, to define property
rights, proposed streets and other improvements; a final plat.
PLAN, PRELIMINARY
A tentative subdivision or land development plan showing
proposed street and lot layout as a basis for consideration prior
to preparation of a final plat. A preliminary plan shall include engineering
design for all required site improvements.
PLAN, SKETCH
An informal plan, indicating existing features of a tract
and the surrounding area and outlining the general layout of a proposed
subdivision or land development.
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.
REGULATED ACTIVITIES
Actions or proposed actions that have an impact on stormwater
runoff and that are specified in this chapter.
RIGHT-OF-WAY
The total width of any land reserved or dedicated for use
as street, alley, or for any public purpose.
RIPARIAN BUFFER
A relatively narrow strip of land along a stream, pond or
wetland, including the one-hundred-year floodplain and any setback
designated by this chapter, which contains or is replanted with native
forest, shrubs and herbaceous species to stabilize erodible soils,
improve surface and ground water quality, increase stream shading
and enhance wildlife habitat.
SITE IMPROVEMENTS
Physical additions or changes to the land that may be necessary
to provide usable and desirable lots, including but not limited to,
utilities, streets, curbing, sidewalks, street lights and stormwater
facilities.
STREET
A strip of land including the entire right-of-way used or
intended for use as a means of vehicular and pedestrian circulation,
whether public or private. The word "street" includes street, thoroughfare,
avenue, boulevard, court, expressway, highway, road, lane, and alley.
STREET, PRIVATE
A strip of private land providing access to abutting properties
and not offered for dedication or accepted for municipal ownership
and maintenance.
STRUCTURE
A walled or roofed building, including a gas or liquid storage
tank (principally above ground), a manufactured home, or any other
man-made object usually assembled of interdependent parts or components
which is designed to have a more or less fixed location, whether or
not permanently attached at that location.
SUBDIVIDER
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.
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;
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.
SURVEYOR, REGISTERED
An individual licensed and registered as a professional land
surveyor by the Commonwealth of Pennsylvania.
TOWNSHIP
The West Lebanon Township, Lebanon County, Commonwealth of
Pennsylvania.
WATERCOURSE
A stream of water; river; brook; creek; or a channel or ditch
for water, whether natural or man-made.
WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs, and all
other bodies or channels of conveyance of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of this commonwealth.
WETLAND
Those areas that are inundated or saturated by surface or
ground water 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, ferns, and similar areas.