The standards and provisions of this article include the definitions
and terms used in this chapter and shall apply to all lands in Lancaster
Township unless application to specific instances is expressly stated.
In this chapter the following rules of interpretation shall be used:
A. The word "lot" includes the word "plot" or "parcel."
B. Words in the present tense may imply the future tense.
C. Words used as singular imply the plural.
D. The masculine gender includes the feminine and neuter genders.
E. The word "person" includes a partnership, corporation, association,
trust, estate, or any other legally recognized entity as well as an
individual.
F. The word "shall" is to be interpreted as mandatory, the word "may"
as directory.
G. References to any document, official, or entity (i.e., codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions, agencies,
or officials) are references to Lancaster Township documents, officials,
or entities in effect at the time, unless the text indicates that
another reference is intended.
Unless otherwise stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. All terms not otherwise defined in this article or elsewhere in this chapter; the most recent version of the Pennsylvania Municipalities Planning Code (MPC), as amended; and/or most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II), shall have their common and ordinary meaning:
ACCESS DRIVE
A private drive providing pedestrian and/or vehicular access
between a public or private street and a parking compound within a
land development (see also "street").
ACCESSORY BUILDING
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
APPLICANT
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
AUTHORITY (SEWER)
The entities responsible for providing public sewage disposal
facilities within Lancaster Township.
AUTHORITY (WATER)
The entities responsible for providing public water facilities
within Lancaster Township.
AVERAGE DAILY TRAFFIC (ADT)
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 most recent version of the Pennsylvania Department
of Transportation (PennDOT) Traffic Data Collection and Factor Development
Report.
BICYCLE PARKING FACILITIES
A common, paved (improved and stabilized) area (other than
a public or private street, access drive, or driveway) used exclusively
for the parking of bicycles.
BLOCK
A unit of land bounded by streets or a combination of streets,
public land, public parks, cemeteries, railroad (rights-of-way), major
watercourses (Conestoga River and the Little Conestoga Creek only),
or any other barrier to the continuity of development.
BUILDING
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
BUILDING SETBACK LINE
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
CAMPGROUNDS
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
CARTWAY
The surface of a street, alley, or access drive, available
for vehicular traffic.
CHAIRMAN
The Chairman of the Board of Supervisors of Lancaster Township.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection defined
by a line of sight between points at a given distance from the intersection
of the street center lines.
COMMON OPEN SPACE
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
COMPREHENSIVE PLAN
See the most recent version of the Municipalities Planning Code, as amended (Article
I). The most recent version of the Lancaster Township Comprehensive Plan, as amended.
CONDOMINIUM
See the most recent version of the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq. (Chapter 31).
CONTIGUOUS
Lots are contiguous when at least one boundary line of one
lot touches a boundary line of another lot.
DEDICATION
The deliberate appropriation of land by its owner for general
public use.
DEED
A written instrument whereby an estate in real property is
conveyed.
DENSITY
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
DETENTION BASIN
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
DEVELOPER
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
DEVELOPMENT
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
DEVELOPMENT PLAN
See the most recent version of the Municipalities Planning Code, as amended (Article
I). (See also "plan.")
DRAINAGE EASEMENT
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
DRIVEWAY
See the most recent version of the Lancaster Township Zoning Ordinance (Article
II). (See also "street.")
EASEMENT
A right granted by a landowner to a grantee, allowing for
limited use of private land for a public or quasi-public or private
purpose and within which the landowner of the property shall not have
the right to make use of the land in a manner that violates the right
of the grantee.
ENGINEER
A professional engineer registered by the Commonwealth of
Pennsylvania.
ENVIRONMENTAL COVENANT
A servitude arising under an environmental response project
which imposes activity and use limitation.
EROSION
The removal of soil particles by the action of water, wind,
ice, or other geological agents.
EXISTING WOODED AREA
A biological community dominated by trees and other woody
plants covering a land area of 1/4 acre or more. Existing wooded areas
includes areas that have at least 25 trees per 1/4 acre, with at least
50% of those trees having a trunk caliper of least two inches measured
at a height of 4 1/2 feet above finished grade.
FLOOR ELEVATION
The elevation of the lowest level of a particular building,
including the basement.
GEOLOGIST
A professional geologist registered by the Commonwealth of
Pennsylvania.
HALF STREET
A street of less than the required right-of-way and/or cartway
width. (See also "Street.")
HISTORIC FEATURE
Any district, site, structure, or object that meets one or
more of the following criteria:
A.
Is listed or may be determined to be eligible to be listed on
the National Register of Historic Places either individually or as
a contributing resource.
B.
Is listed on the Lancaster County Historic Sites Survey or on
any officially adopted municipal inventory of historic resources and
is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
C.
Is determined by a qualified historic preservation professional
to be historically or architecturally significant.
IMPROVEMENT CONSTRUCTION GUARANTEE
Financial security filed by the developer with the Township
to assure the construction of all required improvements at a specified
time in the future.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce usable and desirable developments.
INVASIVE SPECIES
Plants which grow quickly and aggressively, spreading, and
displacing other plants. Invasive plants typically are introduced
into a region far from their native habitat. A list of invasive plants
is available from the Pennsylvania Department of Cultural and Natural
Resources (DCNR) at http://www.dcnr.state.pa.us/cs/groups/public/documents/document/dcnr_20026634.pdf.
LAND DEVELOPMENT
See the most recent version of the Municipalities Planning Code, as amended (Article
I). Land development shall not include the following:
A.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
B.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building;
C.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
(1)
For purposes of this subclause, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides;
(2)
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; or
D.
Building addition to existing nonresidential principal structure.
(1)
A building addition to an existing nonresidential principal
structure, provided that:
(a)
The addition does not create a need for any additional parking
or loading area, per the most recent version of the Lancaster Township
Zoning Ordinance, as amended (Article XIII); and
(b)
The addition does not, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537 of 1966, as amended, create the need for a sewer facility's plan revision
(plan revision module for land development), or supplement; and
(c)
The addition is not for the creation of additional units of
occupancy; and
(d)
The addition does not require approval from the Zoning Hearing
Board; and
(e)
The addition complies with all provisions of applicable Township
ordinances.
(2)
For the purpose of this subsection, the building addition exemption
shall be limited cumulatively from May 8, 2000.
LANDOWNER
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
LOT
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
A.
LOT, CORNERSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
C.
LOT, FLAGSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
D.
LOT, INTERIORSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
E.
LOT, REVERSE FRONTAGEA lot which is not a corner lot and abuts two or more streets, where vehicular access is permitted solely from one street.
LOT AREA
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
LOT FRONTAGE
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
LOT LINE
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
LOT WIDTH
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
MAINTENANCE GUARANTEE
Financial security filed by the developer with the Township
to secure structural integrity of all required improvements as well
as the functioning of said improvements for an initial period of time.
MOBILE/MANUFACTURED HOME
See the most recent version of the Municipalities Planning Code, as amended ("mobile home," Article
I).
MODIFICATION
A process for alleviating specific requirements imposed by
this chapter.
MONUMENT
A concrete marker used to identify street right-of-way lines.
NATIVE PLANT
A plant which grew in a defined region prior to European
settlement. Indigenous species and naturalized non-native plants may
be included as a native plant if it has been brought into the region
and has become established into the wild and is not considered invasive
or displaces native plants. Naturally occurring hybrids and cultivars
(cultivated varieties) of native genetic parent species which may
or may not have been present prior to European settlement are considered
native plants.
NON-NATIVE/INTRODUCED PLANT
Any plant species that has been introduced by humans and
now grows independently of cultivation. A subset of non-native/introduced
species are the invasive species.
OPEN CHANNEL
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
ORDINANCE
The most recent version of the Lancaster Township Subdivision
and Land Development, as amended.
PARKING COMPOUND
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
PLAN
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. A plan shall be categorized
as one of the following classifications:
A.
AS-BUILT PLANA complete and exact set of engineering documents drawn to scale, showing dimensions, locations, and materials of all streets and other public improvements as actually constructed.
B.
FINAL PLANA complete and exact subdivision or land development plan, including all supplementary data, prepared for official recording as required by this chapter.
C.
IMPROVEMENT CONSTRUCTION PLANA complete and exact subdivision and/or land development plan, the sole purpose of which is to permit the construction of only those improvements required by this chapter, as an alternative to guaranteeing the completion of those improvements by the filing of financial security.
D.
LOT ADD-ON PLANA complete and exact subdivision plan, including all supplementary data, for the sole purpose of increasing the lot size of an adjacent contiguous lot.
E.
PRELIMINARY PLANA tentative subdivision or land development plan, including all required supplementary data, in lesser detail than the final plan, indicating the approximate proposed layout of a subdivision or land development as a basis for consideration prior to preparation of a final plan.
F.
RECORD PLANA final plan which contains the original endorsement of the Board of Supervisors, the Lancaster Township Planning Commission and the LCPC and which has been recorded with the Lancaster County Recorder of Deeds.
G.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal.
PLANNING COMMISSION
See the most recent version of the Municipalities Planning Code, as amended (Article
I). The Planning Commission of Lancaster Township.
PLAT
A map or plan of a subdivision or land development, whether
preliminary or final.
PRINCIPAL BUILDING
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
REDEVELOPMENT
Public and/or private investment made to re-create the character
of an area by renovating previously developed land. Replacing, remodeling,
or reusing existing buildings and structures to accommodate new development.
REFUSE COLLECTION STATION
A container, generally two or more cubic yards in capacity,
used for the disposing and collection of trash, garbage, and refuse.
RETENTION BASIN
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
RIGHT-OF-WAY
A strip of publicly or privately owned land created by reservation
or dedication and intended to be occupied by a road, walkway, public
or private utility, railroad, or other similar uses.
RUNOFF
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
SECRETARY
The Secretary of the Board of Supervisors of Lancaster Township.
SEDIMENT
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
SIGHT DISTANCE
The length of road visible to the driver of a passenger vehicle
at any given point in the road when viewing is unobstructed by traffic.
SIGNIFICANT TREE
Noninvasive trees with an eighteen-inch minimum caliper measured
five feet above grade located outside an existing wooded area.
STORM SEWER
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
STORMWATER MANAGEMENT
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a development while
promoting the protection and conservation of groundwaters and groundwater
recharge.
STREAM
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
STREET
See the most recent version of the Municipalities Planning Code, as amended (Article
I). A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular and
pedestrian travel, and furnishing access to abutting properties, which
may also be used to provide space for sewers, public utilities, shade
trees, and sidewalks. Streets shall conform to one of the following
categories:
A.
ALLEYA strip of land over which there is a publicly or privately owned right-of-way, and on which no parcel fronts, which provides the secondary means of access for two or more properties.
B.
CUL-DE-SACA local street intersecting another street at one end and terminating at the other in a vehicular turnaround.
C.
LOCAL STREET (ROAD)A road whose function is to provide for local traffic movement and direct access to abutting properties.
D.
MAJOR STREETA street which provides for intercommunity travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on local or special purpose streets. Major streets shall conform to one of the following categories:
(1)
PRINCIPAL ARTERIALA street whose function is to provide for high volumes of traffic between communities.
(2)
MINOR ARTERIALA street whose function is to provide for moderate volumes of traffic between communities.
(3)
COLLECTORA street whose function is to provide for the movement of traffic to community facilities and carry larger volumes of traffic to the arterial street system.
E.
(1)
MARGINAL ACCESS STREETA minor street, one side of which is parallel and in close proximity to a major street and the other side of which provides access to abutting properties.
STREET CENTER LINE
The center of the surveyed street right-of-way, or where
not surveyed, the center of the traveled cartway.
STREET, PRIVATE
A street not offered for dedication or whose dedication was
not accepted by the Township.
STRUCTURE
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
SUBDIVISION
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
SURVEYOR
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
TOWNSHIP
Lancaster Township, Lancaster County, Pennsylvania.
TOWNSHIP ENGINEER
An engineer employed by the Township or engaged as a consultant
to the Township.
TRANSPORTATION ENGINEER
A professional engineer or professional transportation operations
engineer registered by the Commonwealth of Pennsylvania with specific
training in traffic and transportation engineering and at least two
years of experience related to preparing traffic impact studies for
existing or proposed developments.
TRANSPORTATION PLANNER
A professional transportation planner or certified transportation
planner certified by the American Institute of Certified Planners
(AICP), with specific training in traffic and transportation planning
and at least two years of experience related to preparing traffic
impact studies for existing or proposed developments.
TREE PROTECTION ZONE
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The Tree Protection Zone shall
be the distance from the trunk to the dripline (a line marking the
outer edges of the branches of the tree).
UNIFORMITY RATIO
A measure of the dispersion of light on an area. The ratio
is measured as maximum light level to minimum light level. Example:
4:1 for the given area, the maximum level of illumination should be
no less than four times the minimum level of illumination (0.2 x 4
= 0.8 maximum light level).
UNIT OF OCCUPANCY
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
VARIANCE
See the most recent version of the Municipalities Planning Code, as amended (Article
I).
WATERCOURSE
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 man-made.
WETLAND
See the most recent version of the Lancaster Township Stormwater Management Ordinance (Article
II).
WETLAND SCIENTIST
A professional wetland scientist certified by the Society
of Wetland Scientists; individual possessing a bachelor's degree
in biology, botany, zoology, ecology, or environmental sciences; or
an engineer, landscape architect, surveyor, planner, or geologist
with specific ecological training and experience beyond his or her
discipline and at least two years of experience related to preparing
wetlands delineations.
YARD
See the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
A.
FRONT YARDSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
B.
REAR YARDSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).
C.
SIDE YARDSee the most recent version of the Lancaster Township Zoning Ordinance, as amended (Article
II).