[Ord. No. 12-12-2006,
12/12/2006, § 201; as amended by Ord. No. 11-11-2014, 11/11/2014]
ABUT
To physically touch or border upon; to share a common property
line; or to be contiguous. The term "abut" implies a closer proximity
than the term "adjacent."
ACCESS DRIVE
Other than a street, which provides vehicular access from
a street or public road to a lot, i.e., a driveway.
ACRE
A measure of land area containing 43,560 square feet.
AGENT
Any person, other than the landowner, who, acting under specific
authorization of the landowner, submits subdivision or land development
plans, data and/or applications to Hemlock Township for the purpose
of obtaining approval thereof. (See also "developer.")
AGRICULTURAL BUILDING
A detached accessory structure, whether fully or partially
enclosed, intended to provide housing, shelter, enclosure or support
for animals, farm equipment, farm supplies or produce, grain, feed,
etc. Such building shall be incidental and accessory to the type of
farming activities conducted upon the property containing the building
or on other properties owned or leased by the same farmer, and shall
not be used for residential purposes.
AGRICULTURAL PURPOSES
The use of land for the purpose of producing agricultural
commodities, which shall include, but not be limited to, growing grains,
fruits, vegetables, nursery plants, Christmas trees, or timber; raising
poultry or livestock; or producing agricultural commodities through
greenhouse production. In some instances the use of land for agricultural
purposes may involve the construction of barns, silos, feed lots and/or
farm-related accessory buildings.
AGRICULTURE
The use of land for agricultural purposes, including crop
farming, dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, aquaculture, forestry, animal and poultry husbandry,
and the accessory buildings or structures used for packing, treating,
or storing that which is produced; provided, however, that the operation
of any such accessory use shall be secondary to that of the normal
agricultural activities.
APARTMENT
A single dwelling unit located within an apartment building
or within a residence converted for additional residential use.
APARTMENT BUILDING
A dwelling structure containing three or more dwelling units,
with or without separate outside access to each unit, excluding single-family
attached dwelling structures as defined herein.
APPLICANT
A landowner, subdivider, or developer, as hereinafter defined,
who has filed an application for subdivision or land development,
including his heirs, successors and assigns.
APPLICATION
The application form and all accompanying documentation required
of an applicant by the requirements of this chapter for review and
approval of a subdivision or land development proposal, whether preliminary
or final in nature.
AREA
The surface included within a set of lines.
A.
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a subdivision or land development plan, excluding any area within a street right-of-way, but including the area of any easement.
B.
AREA, SITEThe total area of a proposed subdivision or land development, regardless of interior lot lines or proposed lots, streets or easements.
BEST MANAGEMENT PRACTICES
For the purposes of this chapter, best management practices
(BMP's) shall be defined as the best, accepted technologies available
to manage stormwater runoff, including traditional and nontraditional
approaches.
BLOCK
An unit of land bounded by streets or a combination of streets
and public land, rights-of-way, waterways or other barrier to the
continuity of development, which area is normally somewhat square
or rectangular in shape.
BUFFER YARD
Land area or yard space, either landscaped or planted, used
to visibly separate one use from another or to shield or block noise,
light, or other potential nuisance.
BUILDING
A structure, or part thereof, having walls and a roof which
is used or intended to be used for the shelter, housing or enclosure
of persons, animals or property. Included shall be all mobile or manufactured
homes and trailers to be used for human habitation.
A.
Building, accessory - a detached, subordinate building located
on the same lot as the principal building, serving a purpose customarily
incidental to the use of the principal building.
B.
Building, principal - the main structure on a given lot in which
the primary use of the site is conducted.
C.
Building, temporary - a building erected or placed for a fixed
period of time or for the duration of a specific activity, where such
building is removed at the end of that period or conclusion of the
specified activity.
BUILDING SETBACK LINE
The line established by the required minimum front yard setback
from the street right-of-way or front lot line for buildings or structures.
The building setback line shall be the point at which minimum lot
width is measured.
CAMPGROUND
A tract or tracts of land, or any portion thereof, used or
intended to be used for the purpose of providing two or more spaces
for recreational vehicles or tents for camping purposes, with or without
a fee charged for the leasing, renting or occupancy of such space.
The term "campground" shall also include recreational vehicle parks.
CARTWAY
The surface of a street or alley available for vehicular
traffic or the area between curbs, including travelled lanes and on-street
parking spaces, but excluding shoulders, curbs, sidewalks or drainage
swales.
CENTER LINE
A line located exactly in the center of the width of the
cartway, right-of-way, easement, access, road, or street.
CHAIRMAN
The Chairman of the Hemlock Township Supervisors or Township
Planning Commission, as indicated.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street and/or driveway center lines.
CONDOMINIUM
A building, or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
CONTOUR
A line that connects the points on a land surface that have
the same elevation.
COUNTY
Columbia County, Pennsylvania, unless specified otherwise.
CURB
A concrete barrier marking the edge of a roadway or paved
area of the cartway.
CUT
An excavation or material removed in excavation; also, the
difference between a point on the original ground and a designated
point of lower elevation on the final grade.
DEDICATION
The deliberate appropriation or donation of land or property
by its owner for any general and public uses, reserving to himself
no other rights than are compatible with the full exercise and enjoyment
of the public uses to which the property has been designated. Acceptance
of any such dedication by the Township is at the complete discretion
of the Township Supervisors.
DEED
A legal document conveying ownership of real property.
DEED RESTRICTION
A restriction on the use of land set forth in the deed or
instrument of conveyance. Said restriction usually runs with the title
of the land and is binding upon subsequent owners of the property.
It shall not be the responsibility of Hemlock Township to enforce
deed restrictions, unless the restriction(s) resulted as a condition
or stipulation of subdivision or land development approval.
DENSITY
The number of families, individuals, dwelling units, or housing
structures permitted to be constructed or situated on a specific unit
of land.
DETENTION BASIN
A basin or pond designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate.
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. (See also "agent and subdivider.")
DEVELOPER'S AGREEMENT
A formal agreement executed by the developer and the Hemlock Township Supervisors guaranteeing that the developer will install all improvements required as a condition of final approval of his subdivision or land development plans, and including financial security in an amount and form acceptable to the Township. (See §
22-602.)
DEVELOPMENT
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 mobile homes or manufactured housing; streets, or
other paving; utilities; filling, grading, and excavation; mining;
dredging; drilling operations; storage of equipment or materials;
and the subdivision of land. (See also "land development.")
DISTURBANCE ACTIVITY
Any activity that could effect earth resources, including
the creation of impervious surfaces, earth disturbances (grading,
filling, etc.), or timber harvesting.
DRAINAGE AREA
The entire region or area in which all of the surface and/or
subsurface runoff concentrates at a selected point or into a particular
stream. (See also "watershed area.")
DRAINAGE EASEMENT
An easement required for the installation of stormwater management
facilities or drainage swales, and/or required for the preservation
or management of a natural stream or watercourse or other drainage
facility.
DRAINAGE FACILITY
Any ditch, gutter, swale, pipe, culvert, storm sewer or other
structure or facility designed, intended or constructed for the purpose
of diverting surface waters from or carrying surface waters off streets,
public rights-of-way, parks, recreation areas, or any part of any
subdivision or land development (See also "stormwater management facility.")
DRAINAGEWAY
Any natural or artificial watercourse, trench, ditch, swale
or similar depression into which surface water flows.
DRIVEWAY
A minor vehicular accessway providing access between a parcel of land, with or without a dwelling(s) or a principal structure(s), and a public or private street. (See also Hemlock Township Driveway Ordinance, Ord. No. 5-95, §§
21-206,
21-207, and
21-208 (or as may hereafter be amended) and §
22-503, Subsection
2, of this chapter.)
DROPPED CURB
A section of curbing which is lowered to the street pavement
level to permit access into a property or properties for vehicles
or handicapped persons.
DUPLEX
A dwelling structure containing two independent dwelling
units which are entirely separated by vertical walls or horizontal
floors, unpierced except for access to the outside or a common basement
or cellar; i.e., a two-family dwelling.
DWELLING
A building, structure, or other shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING UNIT
One or more rooms in a dwelling structure designed for the
use by one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles, lodging facilities, rooming or boarding houses, or personal
care or nursing homes shall not be considered as dwelling units for
the purpose of this chapter.
EARTH RESOURCES
Any organic or physical component of the earth, either natural
or man-made including, but not limited to, air, soil, water, vegetation,
wildlife, etc.
EASEMENT
A defined right of use or privilege granted for a limited
use of land, usually for a public or quasi-public purpose.
ELEVATION
A.
A vertical distance above or below a fixed reference level;
or
B.
A flat scale drawing of the front, rear or side of a building.
ENGINEER
A.
A professional engineer licensed in the Commonwealth of Pennsylvania;
or
B.
The professional engineer duly appointed as the engineer for
Hemlock Township as determined appropriate on a case-by-case basis.
EROSION
The removal of surface materials by the action of natural
elements.
EROSION AND SEDIMENTATION CONTROL
Temporary and permanent actions or measures taken to reduce
erosion and sedimentation and to control stormwater runoff during
and after development activities, generally carried out as part of
a plan developed prior to the initiation of the earth moving activity.
(See also "erosion and sedimentation control plan.")
EROSION AND SEDIMENTATION CONTROL PLAN
A plan that indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation.
ESCROW ACCOUNT
The financial account established by Hemlock Township intended to hold those funds deposited by a developer to cover the costs of review of his improvement designs and the inspection of his improvement installations. (See §
22-907, Subsection 1D.)
ESCROW AGREEMENT
For the purposes of this chapter, an escrow agreement shall be defined as a written agreement executed by a developer and the Hemlock Township Board of Supervisors guaranteeing that the developer will reimburse the Township for all costs associated with the review of his proposed improvement designs and the inspection of his improvement installation(s), including an initial deposit in an amount and form acceptable to the Township. (See §
22-907, Subsection 1D.)
EXCAVATION
Removal or recovery by means whatsoever of soil, rock, minerals,
mineral substances or organic substances other than vegetation, from
water or land on or beneath the surface thereof, or beneath the land
surface, whether exposed or submerged.
FILL
A.
Any act by which earth, sand, gravel, rock or other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom;
B.
The difference in elevation between a point on the original
ground and a designated point of higher elevation on the final grade;
or
C.
The material used to make a fill.
FINANCIAL SECURITY
A bond, certified check, irrevocable letter of credit, special
savings or escrow account, or other form of monetary guarantee satisfactory
to the Township which is intended to ensure that the developer installs
all improvements required as a condition of final subdivision or land
development plan approval or which is intended to guarantee the structural
integrity of completed improvements. (See also "improvement guarantee.")
FLOOD
A temporary inundation of normally dry land areas.
A.
FLOOD, ONE-HUNDRED-YEARA flood that, on the average, is likely to occur once every 100 years, i.e., that has a one-percent chance of occurring in any given year; for the purposes of this chapter, the regulatory flood.
B.
FLOOD, REGULATORYThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been based; the one-hundred-year flood.
FLOOD FRINGE
That portion of the one-hundred-year floodplain outside the
floodway, excluding areas shown as approximate one-hundred-year flood
zones on the Township's Flood Boundary and Floodway Maps.
FLOODPLAIN
A.
A relatively flat or low land area adjoining a stream, river,
or watercourse, which is subject to partial or complete inundation;
or
B.
An area subject to the unusual and rapid accumulation or runoff
of surface waters from any source. The boundary of this area shall
coincide with the boundary of the one-hundred-year flood.
FLOODPROOFING
Any combination of structural and non-structural modifications
or other changes or adjustments to buildings or their contents, undertaken
to reduce or eliminate flood damage.
FLOODWAY
The designated area of a floodplain required to carry and
discharge the flood waters of a one-hundred-year flood.
FULL-TIME RESIDENTIAL OCCUPANCY
For the purposes of this chapter, full-time residential occupancy
shall be defined as the continuous use of a lot or parcel for residential
purposes. In general, uninterrupted occupancy of a lot or parcel for
a period of more than one month at any given time during a year shall
be considered continuous use of the lot or parcel. (See also "intermittent
recreational use.")
GENERAL FLOODPLAIN
That portion of the floodplain for which no specific flood
profiles exist and which is designated as approximated one-hundred-year
floodplain area on the Township's Flood Boundary and Floodway Maps.
GOVERNING BODY
The Board of Supervisors of Hemlock Township; the elected
officials.
GRADE
The degree of rise or descent of a sloping surface.
A.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in the Hemlock Township Zoning Ordinance [Chapter
27] as being inundated by the one-hundred-year flood, including areas identified as floodway, flood fringe and general floodplain.
IMPERVIOUS SURFACE
A.
Any surface which reduces or prevents absorption of stormwater
into previously undeveloped land;
B.
The percentage of a lot that does not absorb precipitation.
For the purposes of this chapter, all buildings, structures, parking
areas, driveways, roads, sidewalks, and any areas in concrete, asphalt,
or similar materials shall be considered impervious surfaces.
IMPROVEMENT GUARANTEE
Financial security filed by a developer with the Hemlock Township Supervisors in an amount and form acceptable to the Township intended to guarantee the installation of any improvements required as a condition of final subdivision or land development plan approval. (See §
22-603.)
IMPROVEMENTS
Those physical additions, installations or changes made to
the land which are necessary to produce usable and desirable lots
including, but not limited to, streets, curbs, sidewalks, streetlights,
water mains, sewer lines, fire hydrants, drainage and/or stormwater
management facilities, bridges and culverts.
INTERMITTENT RECREATIONAL USE
For the purposes of this chapter, intermittent recreational
use shall be defined as the use of a lot or parcel for other than
full-time occupancy, for seasonal, leisure, or other recreational
purposes. (See also "full-time residential occupancy.")
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(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.
B.
A subdivision of land.
|
Provided however, that those activities specified listed in
§ 503(1.1) of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10503(1.1) shall be exempted.
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LAND DEVELOPMENT, COMMERCIAL
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for commercial purposes including,
but not limited to, restaurants, shopping centers, motels, and other
similar types of activities or services which generate revenue, whether
or not for profit.
LAND DEVELOPMENT, INDUSTRIAL
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for industrial purposes,
including, but not limited to, industrial parks, multi-tenant buildings,
and other similar types of development.
LAND DEVELOPMENT, INSTITUTIONAL
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for institutional purposes
including, but not limited to, schools, hospitals, nursing or personal
care homes, municipal buildings, or other similar types of development.
LAND DEVELOPMENT, RECREATIONAL
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for intermittent recreational
purposes including, but not limited to, campgrounds, vacation home
developments, private or public parks or playgrounds, or other similar
types of development.
LAND DEVELOPMENT, RESIDENTIAL
The subdivision or development of a tract of land into lots
or dwelling units which are designed or intended for full-time residential
occupancy including, but not limited to, cluster developments, apartment
buildings, townhouse structures, multifamily housing developments,
or mobile home parks.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LEASE
A contract or agreement by which one conveys real estate
for a specific term, for a specified rent.
LEVELING AREA
A safe stopping area at the intersection of streets or the
intersection of a driveway and a street which is designed in accordance
with the standards of this chapter.
LOADING SPACE
An off-street space, accessible from a street or alley, in
a building or on a lot, designed or intended for the temporary parking
of a commercial vehicle while loading or unloading merchandise or
materials.
LOCATION MAP
A map sketch or diagram included on a subdivision or land
development plan showing the relation of the site to all road and
highway systems and municipal boundaries in the area surrounding the
proposed subdivision or development.
LOT
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built, upon as a unit.
A.
LOT, ADD-ONA parcel of ground located immediately adjacent to other property owned by the intended grantee, that is being added to the grantee's existing lot-of-record. Said lots shall not be subject to the minimum area or soils testing requirements of this chapter provided that the grantee is willing to combine both parcels into one description in a new deed or indicate therein that both parcels are to be considered as one for subdivision purposes. (See §
22-502, Subsection 2F.)
C.
LOT, CORNERA lot with two adjacent sides abutting on public or private streets, or upon two parts of the same street forming an interior angle of less than 135°.
D.
LOT, DEPTHThe mean horizontal distance measured from the front lot line of a lot to its opposite rear lot line.
E.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.
F.
LOT, FRONTAGEThe length of the front lot line measured at the street right-of-way line.
H.
LOT, REVERSE FRONTAGEA double frontage lot extending between and having frontage on an arterial or collector street and on a local street or alley, with vehicular access restricted to the latter, usually due to topographic constraints or safety considerations.
I.
LOT, WIDTHThe horizontal distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
LOT LINE
The property lines bounding the lot.
A.
LOT LINE, FRONTThe line separating the lot from a street or street right-of-way; or, where a lot has no road frontage, the line opposite the rear lot line.
B.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT OF RECORD
Any lot which individually or as a part of a subdivision
has been recorded in the Office of the Recorder of Deeds of Columbia
County, Pennsylvania.
MARKER
An iron pipe or iron or steel bar set by a registered professional
land surveyor to permanently mark the beginning and end of curves
along property lines, angles in property lines, and lot corners. (See
also "monument.")
MEDIATION
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
which the parties themselves create and consider acceptable.
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 is constructed so that it may be used without a permanent foundation.
For floodplain management purposes, the term shall also include manufactured
housing, and park trailers, travel trailers, recreational vehicles
and other similar units which are placed on a site for a period of
time exceeding 180 consecutive days.
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 PAD
The part of an individual mobile home lot which has been
reserved for the placement of the mobile home, appurtenant structures
and connections.
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. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes, or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See Part
8 of this chapter for specific mobile home park regulations.)
MONUMENT
For the purposes of this chapter, a monument shall be defined as a reinforced concrete or stone marking, or a concrete-filled cast iron pipe, set by a registered professional land surveyor to permanently identify the intersection of major street right-of-way lines, the intersection of lines forming angles in the boundaries of the subdivision, or at other locations as determined appropriate by the Township. (See also §
22-512.)
MULTIFAMILY HOUSING DEVELOPMENT
For the purposes of this chapter, a multifamily housing development
shall be defined as a residential development containing more than
one apartment building or more than one townhouse structure, or a
combination thereof, on a single tract of ground.
MUNICIPALITY
Hemlock Township, Columbia County, Pennsylvania.
OPEN SPACE
Space not occupied by a structure, open to the sky, and on
the same lot with a building or structure.
A.
OPEN SPACE, COMMONA specific area of land or water, or a combination of land and water within a development site, not individually owned or dedicated for public use, which is designed and intended for the principal use or enjoyment of the occupants of the development, not including streets, off-street parking areas, and land dedicated for public or community facilities or use.
B.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
PARCEL
A lot, plot, or tract of land.
PARKING AREA
Any public or private land area designated and used for parking
of vehicles including parking lots, garages, private driveways and
legally designated areas of public streets.
PARKING SPACE
An off-street area on a lot or in a parking area, designed
or intended to be used for the parking of one vehicle having direct,
usable access to a street or road.
PAVEMENT
A subbase, base, or surface course placed on a subgrade to
support traffic load.
PEDESTRIAN WALKWAY
A specified easement, walkway, path, sidewalk or other reservation
which is designed and used exclusively by pedestrians.
PENNDOT
The Pennsylvania Department of Transportation.
PERSON
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.
PLAN
A map or plat of a subdivision or land development, whether
sketch, preliminary or final. (See also "subdivision plan.")
A.
PLAN, SKETCHAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development.
B.
PLAN, PRELIMINARYA general subdivision or land development plan indicating the approximate proposed layout of a subdivision or land development as a basis for consideration prior to preparation of the final plan.
C.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official approval and recording as required by statute.
D.
PLAN, AS-BUILTSDrawings, provided by the developer and attested or certified by a registered professional engineer and/or the Township Engineer, illustrating actual construction details for various development improvements, including the installation of streets or roads, sewer or water lines, stormwater management facilities, etc.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final. (See also "plan.")
PLOT
A parcel of land that can be identified and referenced to
a recorded plat or map.
PRIVATE
Something owned, operated and supported by private individuals
or a private corporation, rather than a government.
PRIVATE DRIVEWAY
A vehicular access way to no more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per the Hemlock Township Zoning Ordinance, Part
3 [Chapter
27, Part
3].
PRIVATE ROAD
A vehicular access way to more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per the Hemlock Township Zoning Ordinance, Part
3 [Chapter
27, Part
3].
PUBLIC
Something owned, operated and controlled by a government
agency (federal, state or local), including a corporation created
by law for the performance of certain specialized governmental functions.
PUBLIC HEARING
A formal meeting held pursuant to public notice by any of
the Township Supervisors, Township Planning Commission, or Township
Zoning Hearing Board, intended to inform and obtain public comment,
prior to taking certain actions as required by the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
PUBLIC MEETING
A forum held pursuant to notice under "Sunshine Act" 65 Pa.C.S.A.
§ 701.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the date, time, and place of the hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication shall not be less
than seven days prior to the hearing date.
RECREATION AREA
Undeveloped land within a subdivision or development which is set aside or reserved for recreational use in accordance with the requirements of this chapter. (See §
22-504.)
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the largest horizontal
projections;
C.
Designed to be self-propelled or permanently towable by a light-duty
truck;
D.
Is not designed for use a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
RECREATIONAL VEHICLE PARK
Any site upon which two or more recreational vehicles are,
or are intended to be, located. (See also "campground.")
RESIDENTIAL CLUSTER DEVELOPMENT
A large-scale residential development in which individual
dwelling units or buildings are grouped together rather than spread
out on conventional lots. Modification or reduction of the minimum
yard and lot size requirements are permitted in exchange for an equivalent
amount of land in open space to be preserved for scenic, recreation,
or conservation purposes.
RESIDUAL PROPERTY
The lot or parcel created through subdivision which is the
remaining portion of the parent tract. The residual property shall
be considered as an integral part of the proposed subdivision and
shall be required to meet the standards of this chapter, where determined
appropriate or necessary by the Township Planning Commission or Supervisors.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of stormwater
runoff.
RIGHT-OF-WAY
A.
A specific type of easement being limited to use for passage
over another person's land, i.e., an easement for vehicular or public
utility passage; or
B.
A strip of land acquired by reservation, dedication, prescription,
or condemnation which is occupied or intended to be occupied by a
road, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water lines, sanitary sewer or storm sewer lines or other
similar use.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a rainfall or snowfall that does not enter the soil
but runs off the surface of the land.
SANITARY SEWAGE
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of water closets, tubs, washing machines, sinks, dishwashers,
or any other source of water-carried waste of human origin or containing
putrescible material.
SANITARY SEWER
Pipes that carry only domestic, commercial or industrial
sewage and into which storm, surface and ground waters are not intentionally
admitted.
SCREEN PLANTING
The use of vegetative plants, such as trees or shrubs, as
a barrier to visibility, glare, and noise between adjacent properties.
Such plantings shall be of such species as will produce the desired
visual screen and be of such density as is necessary to achieve the
intended purpose.
SEDIMENT
Deposited silt that is being or has been moved by water or
ice, wind, gravity or other means of erosion.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity.
SERVICE OR AUXILIARY BUILDING
A structure housing operational, office, recreational, maintenance
and other facilities usually associated with a land development, i.e.,
a mobile home park or recreational complex.
SETBACK
The horizontal distance between a structure and a street
line or property line. (See also "building setback line.")
SEWAGE
A substance that contains the waste products or other discharge
from the bodies of human beings or animals and noxious or deleterious
substances being harmful or adverse to the public health, or to animal
or aquatic life, or to the use of water for domestic water supply
or for recreation, or which constitutes pollution under the Clean
Streams Law, 35 P.S. § 691.1 et seq.
SEWAGE FACILITY
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of the Commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other waste.
SEWAGE SYSTEM, COMMUNITY
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots, or two or more equivalent
dwelling units and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
A.
SEWAGE SYSTEM, COMMUNITY ON-LOTA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface soil absorption area or retaining tank.
B.
SEWAGE SYSTEM, COMMUNITY SEWERAGEA community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
SEWAGE SYSTEM, INDIVIDUAL
A sewage facility, whether publicly or privately owned, located
on a single lot and serving one equivalent dwelling unit and collecting,
treating and disposing of sewage in whole or in part into the soil
or into waters of the Commonwealth or by means of conveyance of retaining
tank wastes to another site for final disposal.
A.
SEWAGE SYSTEM, INDIVIDUAL ON-LOTAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
B.
SEWAGE SYSTEM, INDIVIDUAL SEWERAGEAn individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.
SHOULDER
That portion of the roadway which is adjacent to the cartway
and is provided for lateral support of the pavement, emergency stopping,
and a minimal amount of recovery area beyond the pavement edge.
SIDEWALK
A suitably surfaced and leveled area, paralleling but usually
separated from the street, used as a pedestrian walkway.
SIGHT DISTANCE
A.
The length of street, measured along the center line, which
is continuously visible from any point four feet above the road surface;
B.
That area of unobstructed vision at street intersections formed
by lines of sight between points which are a specified distance from
the intersection of the street center lines; or
C.
The amount of distance required to be provided at a street or
driveway intersection which is considered adequate for a driver to
be able to see in order to proceed in a safe manner.
SINGLE-FAMILY DETACHED DWELLING
A dwelling structure containing one dwelling unit from ground
to roof, having independent outside access and open space on all sides,
including a mobile home as defined herein.
SITE ALTERATION
Any change or adjustment to the grade of an existing site,
i.e., any earth-moving activity. Such alterations generally require
the completion of a soil erosion and sedimentation control plan.
SITE PLAN
A plan for the development of a single tract of land, whether
or not a subdivision is involved, which shows the existing and proposed
conditions of the parcel including, but not limited to, topography,
drainage, floodplains, wetlands, waterways, open spaces, walkways
or pedestrian easements, means of ingress and egress, utility service
line locations, landscaping, structures, lighting and screening devices
and any other information that may reasonably be required in order
that an informed decision can be made by the Township. Such plans
are generally required in order to evaluate land development proposals,
including multifamily residential, commercial, institutional, industrial,
or recreational development submissions.
SLOPE
A.
The face of an embankment or cut section; or
B.
The degree of deviation of a surface from the horizontal, usually
expressed in percent of degrees, i.e., a ratio determined by dividing
the vertical difference between two points (change in elevation) by
the horizontal distance measured between the same two points.
SOLID WASTE
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semi-solid or contained
gaseous materials.
SPECIAL PERMIT
A special approval issued by the Pennsylvania Department
of Community and Economic Development or local municipality in accordance
with 16 Pa. Code § 38.6 of the State Floodplain Management
Regulations for specific types of development being proposed to be
located in any portion of an identified floodplain.
SQUARE FOOTAGE
A.
The unit of measure used to express the area of a lot, tract,
or parcel involved in a subdivision or land development; or
B.
The length of a lot, in feet, times the width of a lot, in feet.
STABILIZATION
Natural or mechanical treatment of a mass of soil or ground
area to increase or maintain its stability or otherwise improve its
engineering properties and resistance to erosion.
STORM SEWER
A conduit that collects and transports runoff.
STORMWATER MANAGEMENT FACILITY
Any structural or nonstructural device, or combination thereof,
which is designed, constructed and maintained to manage or control
stormwater runoff from a development site including, but not limited
to, drainage swales, easements, seepage pits, level lip spreaders,
culverts, pipes, storm sewers, detention or retention basins, ponds
and other similar facilities.
STORMWATER MANAGEMENT PLAN
A plan for managing the stormwater runoff from a proposed
subdivision or land development, including data and calculations,
prepared by the developer in accordance with the standards of this
chapter or any applicable municipal or watershed stormwater management
ordinance.
STREET
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation, whether
public or private. For the purposes of this chapter, the term "road"
may be used interchangeably with the word "street."
A.
STREET, ALLEYA minor street, privately or publicly owned, which provides secondary access to abutting properties primarily for service to the back or sides of such properties.
B.
STREET, CUL-DE-SACA street intersecting a through street at one end and terminating at the other in a vehicular turn-around.
C.
STREET, LOCALStreets which are used primarily for access to abutting properties, including streets within subdivisions or developments, usually characterized by low operating speeds and low average daily traffic (ADT.)
D.
STREET, MAJOR ARTERIALMajor highways used primarily for rapidly-moving traffic, which carry a large volume of vehicles between regions and major metropolitan areas; i.e., inter- and intrastate highways or limited access freeways or expressways; i.e., Interstate 80.
E.
STREET, MAJOR COLLECTORStreets which facilitate inter-community travel within the region and provide connection to arterial streets and highways; i.e., PA Route 44.
F.
STREET, MARGINAL ACCESSLocal streets which are parallel and adjacent to arterial or collector streets and which provide access to abutting properties and protection from through traffic.
G.
STREET, MINOR ARTERIALHighways which provide for the movement of large volumes of through traffic between centers of regional importance, and provide connections between major arterials and collector roads; i.e., PA Route 42.
H.
STREET, MINOR COLLECTORStreets which move traffic into and between subdivisions, developments, rural village centers, or other local traffic generators; i.e., Frosty Valley Road. For the purposes of street design and construction, streets serving 20 or more lots or dwelling units shall be considered to be minor collector streets.
I.
STREET, PRIVATEA vehicular access way to more than two single-family dwelling units not dedicated, accepted or maintained by the Township or state in which all required yard setbacks for properties are designed per the Hemlock Township Zoning Ordinance, Part
3 [Chapter
27, Part
3].
J.
STREET, PUBLICAll streets open to public use and maintained by, or dedicated to and accepted by Hemlock Township, the county, the state or the federal government.
STREET LINE
The dividing line between the street right-of-way and the
lot, also known as the right-of-way line.
STREET SYSTEM
All public and private streets intended for use as a means
of vehicular circulation.
A.
STREET SYSTEM, MUNICIPALAll public streets maintained by Hemlock Township, including local streets and minor and major collector streets, as applicable.
B.
STREET SYSTEM, STATEAll public streets maintained by the Pennsylvania Department of Transportation, including minor and major collector streets, arterial highways, and interstate highways.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
A.
STRUCTURE, ACCESSORYA structure detached from a principal structure, but located on the same lot, which is customarily incidental and subordinate to the principal building, structure or use.
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 a land development (See also "developer.")
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.
SUBDIVISION OR LAND DEVELOPMENT PLAN
A proposal to subdivide or develop one or more tracts of
land. The plan shall include the proposed layout of the subdivision
or land development and shall be accompanied by all other supplementary
materials required by this chapter when submitted for consideration.
(See also "plan.")
SUBDIVISION ORDINANCE ADMINISTRATOR
An individual appointed by Hemlock Township, on a full- or
part-time basis, to assist the Township Supervisors and Planning Commission
with the administration and enforcement of the provisions of this
chapter.
SUBSTANTIALLY COMPLETED
A subdivision or land development shall be considered substantially
completed when, in the judgment of the Hemlock 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 of final approval 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 purpose.
SURVEYOR
A professional land surveyor, licensed and registered in
the Commonwealth of Pennsylvania.
SWALE
A low lying stretch of land which gathers or carries surface
water runoff.
TOWNHOUSE
A single dwelling unit from ground to roof with independent
outside access and a portion of one or two walls in common with an
adjoining dwelling unit(s); i.e., a townhouse unit.
TOWNHOUSE STRUCTURE
A residential dwelling structure which contains a minimum of three townhouse dwelling units. The maximum number of dwelling units per structure shall be as set forth in the Township Zoning Ordinance [Chapter
27].
TOWNSHIP
Hemlock Township, Columbia County, Pennsylvania, unless otherwise
specified.
TRACT
An area, parcel, site, piece of land or property which is
the subject of a subdivision or land development application.
USE
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
A.
USE, ACCESSORYA use subordinate to the principal use of a building or structure, or land located on the same lot and serving a purpose customarily incidental to the principle use. If no principal use exists on the lot with a lawful accessory use, then such accessory use shall be considered a principal use.
WAIVER
A modification granted by the Hemlock Township Supervisors
for relief from the strict application of a specific requirement or
provision of this chapter, which if enforced would cause unique and
undue hardship for the applicant.
WATER COURSE
Any river, stream, run, drainageway, lake, pond or other
body of water appearing as a permanent or intermittent waterway on
United States Geological Survey maps.
WATER FACILITY
Any water works, water supply or water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SYSTEM
A water facility providing potable water to individual lots
or to the public for human consumption.
B.
WATER SYSTEM, OFF-LOTAn approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
C.
WATER SYSTEM, ON-LOTA well or other approved system designed to provide potable water to a dwelling or building located on the same lot as the source.
D.
WATER SYSTEM, PUBLICA water system, as defined by the Pennsylvania Department of Environmental Protection, which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
WATERSHED AREA
The drainage area of a particular stream or watercourse.
(See also "drainage area.")
WETLANDS
Areas which are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that
under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. For the purposes
of this chapter, the term includes, but is not limited to, wetland
areas listed in the State Water Plan, the U.S. Forest Service Wetlands
Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management
Plan, the U.S. Fish and Wildlife National Wetlands Inventory and wetlands
designated by a river basin commission.
YARD
An open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward. The required, yard shall be the minimum area or open space required by the Hemlock Township Zoning Ordinance [Chapter
27] to be provided between the front, side or rear lot lines and a principal or accessory building or structure on the lot.
ZONING ORDINANCE
The Hemlock Township Zoning Ordinance [Chapter
27], enacted August 9, 2005, or as may thereafter be amended.
ZONING PERMIT
The permit required by the Hemlock Township Zoning Ordinance [Chapter
27] which states the purpose for which a building, structure, or land is proposed to be used is in conformity with the use requirements, and all other requirements of the Hemlock Township Zoning Ordinance [Chapter
27] for the zoning district in which the use is to be located.