[Amended 11-13-2001 by Ord. No. 106]
Unless expressly stated otherwise in this chapter, the following words and phrases shall have the meanings given to them in this chapter:
ACCESS DRIVEA private drive providing pedestrian and vehicular access between a public or private street and a parking area within a land development and any driveway servicing two or more units of occupancy on a single lot or contiguous lots.
ACTThe Pennsylvania Municipalities Planning Code Act 247 of 1968, as amended by Act 170 of 1988, and as subsequently amended, 53 P.S. 10101 et seq. (P.L. 805).
ADTAverage daily traffic volumes on a road.
AGRICULTURAL LANDLand used exclusively for the cultivation of the soil, the production of crops or livestock or the science of forestry; also, land diverted from agricultural use by an active federal farm program; provided, the diverted land has a conservation cover of grass, legume, trees or wildlife shrubs. Agricultural land may include, to a minor degree, farmsteads inhabited by the cultivator of the land, housing for farm employees, and land used for preparation of agricultural products by the cultivator of the land.
ALLEYA public thoroughfare other than a minor street that affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALLEY (SERVICE STREET)A service road that provides secondary means of access to lots. Alleys are on the same level as a local access street and are used in cases of narrow lot frontages. No parking shall be permitted and alleys should be designed to discourage through traffic. ADT level corresponds to that of local access street. Number of units served should not exceed 76. Alleys may be designed as one-lane streets.
ALLUVIAL SOILSoils formed from material such as gravel, sand or silt deposited by a stream of water and showing little or no modification of the original materials by soil forming processes. These soils may be identified by the Soil Survey of Lancaster County, Pennsylvania, or through an on-site analysis.
APPLICANTA landowner, developer or authorized agent who has filed an application for subdivision or land development, includes heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
AXIS OF A LOTA line joining the midpoints of the front and rear lot lines. A corner lot shall have two axes, each of which shall be defined as a line joining the midpoints of a front lot line and the opposite side lot line. In the event that a front or rear lot line is not a straight line, the midpoint of such lot line shall be determined as the midpoint of a straight line drawn between each terminus of the front or rear lot line.
BLOCKAn area not containing any streets in its interior and having its circumference completely bounded by streets.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels, including covered porches, decks and patios whether enclosed or unenclosed, storage/utility sheds, sun parlors, bay windows and chimneys, but does not include steps.
BUILDING LINEA line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of a building or structure on any side. In the case of a cantilevered or projected section of a building, except overhanging eaves, gutters and cornices, the vertical plane will coincide with the most projected surface.
BUILDING SETBACK LINEA line within a lot which is equidistant from a front lot line and which represents the minimum separation distance between the street right-of-way and the front building line as determined by the yard requirements of Chapter
450, Zoning. If any portion of the front lot line is not within a street right-of-way, such distance shall be measured between such portions of the front lot line and the front building line.
The maximum number of vehicles that can be expected to pass over a given section of roadway or on a specific lane.
CARTWAYThat portion of a street or alley that is improved, designed or intended for vehicular use.
CENTRAL WATER SUPPLYA water supply system which provides water for human consumption to more than one lot or dwelling unit which complies with all regulations of the Department of Environmental Protection for public water systems.
CLEAR-SIGHT TRIANGLEAn area of unobstructed vision at a street intersection(s) defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
CROSSWALKA publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.
DEDICATIONThe deliberate appropriation of land by its owner for general public use.
DEEDA written instrument whereby an estate in real property is conveyed.
DESIGN YEARThe anticipated opening year of a development, assuming full buildout and occupancy.
DETENTION BASINA reservoir that temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater facility.
DEVELOPERAny 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.
DRIVEWAYA private roadway providing access for vehicles to a residential parking space, garage, dwelling or other structure. A shared driveway is a private roadway servicing two residential units of occupancy, with public road frontage and designed to the standards of this chapter.
DWELLINGA building or structure designed for living quarters for one or more families, including industrialized housing and manufactured homes which are supported either by a foundation or are otherwise permanently attached to the land, but not including hotels, boarding/rooming houses or other accommodations used for transient occupancy. This definition of dwelling shall also include permanently attached model homes intended for residential purposes upon the completion of the development.
EASEMENTA grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
ELEVATIONThe horizontal alignment of a surface, as it exists or as it is made by cut and/or fill.
A. FLOOR ELEVATIONThe elevation of the lowest level of a particular building, including the basement.
ROAD GRADEThe rate of rise and fall of a road's surface, measured along the profile of the center line of the cartway.
ENGINEERA professional engineer registered by the Commonwealth of Pennsylvania.
ENGINEERING SPECIFICATIONSThe engineering specifications of East Earl Township regulating the installation of any required improvement or for any facility installed by any owner, subject to public use.
EROSIONThe removal of surface materials by the action of natural elements.
EXCAVATIONAny act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved. It shall include the conditions resulting therefrom.
FILLAny act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, 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. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
FIRE LANEA way cleared of obstacles and vegetation at all times so as to allow ingress and egress for vehicles during a fire emergency.
FLAG LOTA parcel of land created by a subdivision that includes a narrow projection or "flagpole" to a public street or right-of-way.
FLAGPOLEA narrow extension of property on a lot or parcel from the buildable area of the lot to a public street or right-of-way, and which is not part of the lot area, but serves as access to the lot or parcel.
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.
An area subject to the unusual and rapid accumulation or runoff of surface waters from any surface.
GOVERNING BODYThe East Earl Township Board of Supervisors, Lancaster County, Pennsylvania.
HOUSE CONNECTIONThat length of sewer and/or water pipe extending from a sewage main of a public sewage system to the outer wall of the dwelling to be served.
IMPROVEMENTSGrading, paving, roads and streets, walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, stormwater retention, detention basins and other related drainage facilities, recreational facilities, open space, and public facilities, etc., as may be required by this chapter and Chapter
450, Zoning.
An area that contains 80% or more of the trips that will be attracted to a development site.
LAND DEVELOPMENTAny 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.
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.
Provisions for the exclusion of certain land development only when such land development involves the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LATERALA utility line between a main line, located in a utility easement or street right of-way and the building that the line serves.
LEVEL-OF-SERVICEA qualitative measure describing the operational conditions within a traffic stream and their perception by motorists and/or passengers.
LOTA 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 AREAThe area of horizontal plane bounded by the vertical planes within the front, side and rear lot lines. For the purposes of calculating the minimum lot area necessary to comply with the requirements of Chapter
450, Zoning, the following areas shall be excluded from such calculation:
A. Any area within a street or other transportation right-of-way.
Any area within a right-of-way used for gas, oil, natural gas, electric or communication transmission facilities, whether below or above ground, that do not serve the lot traversed.
Any area comprising a stormwater management basin.
LOT LINEA line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONTA lot line separating the front of the lot from the street. On a corner lot, all lot lines that abut a street shall be front lot lines. On a through lot, the front lot line shall be the lot line that abuts the street providing the primary access to the lot
LOT LINE, REARA lot line which does not intersect a front lot line and is most distant from, and most parallel to, a front lot line. For the purposes of this chapter, where the side lot lines of an interior lot meet in a point, the rear lot line shall be assumed to be a line not less than 10 feet long drawn within the lot between the two side lot lines, which is parallel to, or in the event of a curved front lot line, equidistant to, the front lot line.
LOT LINE, SIDEAny lot line that is not a front or rear lot line. Corner lots shall have a side lot line opposite each front lot line.
LOT WIDTHIn the case of an interior lot, lot width shall be the horizontal distance measured at the minimum building setback line between the side lot lines. In the case of a corner lot, lot width shall be the horizontal distance measured at the minimum building setback line between each front lot line and its opposite side lot line. Such distance shall be measured along a straight line that is at right angles to the axis of a lot.
LOT, CORNERA lot abutting two street rights-of-way at their intersection in which the average center lines of such roads along the frontage of the lot form an interior angle of less than 135°.
MARKERAn iron pin or pipe of a least 3/4 inch in diameter and 18 inches in length.
MOBILE (MANUFACTURED) HOMEA transportable, single-family detached 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. For Federal Emergency Management Agency (FEMA) floodplain management purposes, this definition includes park trailers, travel trailers and other similar vehicles located on site for greater than 180 consecutive days.
MOBILE HOME LOTA parcel of land in a mobile (manufactured) home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile (manufactured) home.
MOBILE HOME PADThat part of a mobile home lot that is being reserved for the placement of the mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land that has been so designated and improved that it contains two or more mobile (manufactured) home lots for the placement thereon of mobile (manufactured) homes.
MONUMENTA concrete or stone monument used to identify street line intersections.
NONSITE TRAFFICVehicle trips passing within the study area as defined in the traffic impact study that do not enter or exit the site and are generally the result of through traffic and traffic generated by other developments.
PEAK HOURThe hour during which the heaviest volume of traffic occurs on a road.
PEDESTRIAN WAYA right-of-way, publicly or privately owned, intended for human movement by walking, biking, wheelchair, etc.
PERMANENTLY PASSABLE CONDITIONGraded to plan specifications and improved to include curbing, drainage facilities and, at minimum, a base course as outlined in this chapter.
PLANA map or diagram of a subdivision or land development. A plan can be sketch, preliminary, final or lot add-on as further defined.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official recording as required by the Act, in conjunction with the specifications of §
380-23 of this chapter.
A complete and exact subdivision plan, including all supplementary data specified in §
380-24 of this chapter, the sole purpose of a lot add-on is to increase the lot area of an existing lot or tract.
A subdivision or land development plan prepared in lesser detail than the final plan, and indicating the approximate proposed layout of a subdivision as a basis for consideration prior to preparation of the final plan, with specifications as outlined in §
380-22 of this chapter.
A final plan which contains the original endorsement of the East Earl Township, which is intended to be recorded with the Lancaster County Recorder of Deeds.
PLAN, SKETCHAn informal plan, not necessarily drawn to exact scale, indicating salient existing features of a tract and its surroundings, and the general layout of a proposed subdivision or land development/prepared in accordance with §
380-21 of this chapter.
The Planning Commission of East Earl Township, Lancaster County, Pennsylvania.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC GROUNDSPublic grounds include the following:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice, intended to inform and obtain public comment, prior to taking action in contested cases or prior to amending this chapter.
PUBLIC IMPROVEMENTSIncludes such improvements as streets, sewer and water facilities, curbs, sidewalks, streetlighting, stormwater facilities, fire hydrants, manholes and any accompanying easements.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICEA notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC SEWERA wastewater collection, conveyance and treatment system, whether publicly or privately owned, serving two or more lots, or two or more equivalent dwelling units. Such systems require a permit from the Pennsylvania Department of Environmental Protection, and shall include "community on-lot sewage systems" and "community sewerage systems" as defined by 25 Pa. Code § 71.1.
PUBLIC WATER (PUBLIC WATER SYSTEM)A system which provides water to the public for human consumption 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. Such system shall be approved by the Pennsylvania Department of Environmental Protection and licensed by the Pennsylvania Utilities Commission, as appropriate.
RECREATIONAL AREAA specific area or areas designated and usable for play, open space and recreational purposes by the residents of the mobile home park. This area shall not include mobile home lots, streets, parking areas or accessory buildings.
RETENTION BASINA reservoir designed to retain stormwater runoff with its primary release of water being through the infiltration of said water into the ground.
REVERSE FRONTAGE LOTA lot extending between and having frontage on an arterial street and a minor street, and with vehicular access solely from the latter.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses; generally, the right of one to pass over the property of another.
RIGHT-OF-WAY, STREETA public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley or however designated.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SHARED DRIVEWAYA private roadway servicing two residential units of occupancy, with public road frontage, and designed to the standards of this chapter.
SHARED TRIPSVehicle trips entering and exiting the site which were using the facility on the adjacent streets and therefore did not generate new trips on the road.
SIGHT DISTANCEThe length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SLOPEThe face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
STATUTORY REVIEW PERIODThe maximum number of days a municipality has to fulfill its obligations in reviewing and properly disposing of a subdivision or land development plan, as defined by Act 247, the Pennsylvania Municipalities Planning Code.
STORAGE, OUTDOORThe keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours, excluding display areas as defined within Chapter
450, Zoning. Outdoor storage shall include that which is contained within trailers or similar vehicles.
Those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration systems, swales, watercourses and floodplains) used to implement a stormwater management program.
STORMWATER MANAGEMENT DATAThe plan and narrative information, designed in accordance with the East Earl Township Stormwater Management Ordinance, which identifies design and construction details for managing the quantity and quality of stormwater runoff.
STREETA public or private right-of-way which includes avenue, boulevard, road, alley, lane, highway, freeway, parkway and viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets shall be further classified as follows:
STREET CENTER LINEThe center of the surveyed street right-of-way, or where not surveyed, the center of the traveled cartway.
STREET GRADEThe officially established grade of the street upon which a lot fronts, or in its absence, the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINEThe street line is the right-of-way line of a public street or the cartway line of a private street.
STREET WIDTHThe shortest distance between street lines measured at right angles to the center line of the street.
STREET, ARTERIALA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
STREET, COLLECTORA major street or highway which carries traffic from minor streets to arterial streets.
STREET, CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
STREET, LOCALA street used primarily for access to abutting properties.
STREET, MARGINAL ACCESSA minor street which is parallel and adjacent to limited access highways or arterial streets and which provides access to abutting properties and protection from through traffic.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including stormwater management facilities. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile (manufactured) home.
SUBDIVISIONThe 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 residential dwellings, shall be exempted. (See "land development.")
SURFACE DRAINAGE PLANA plan showing all present and proposed grades and facilities for stormwater drainage.
SURVEYORAn individual registered with the Commonwealth of Pennsylvania as authorized to measure the boundaries of tracts of land, establish locations and perform the requirements of a survey.
SWALEA wide shallow ditch which gathers or carries surface water.
TOPSOILSurface soils and subsurface soils that presumably are fertile soils and soil material ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A horizon."
TOWNSHIP ENGINEERA professional engineer registered in Pennsylvania and designated by East Earl Township to perform the duties of engineer as herein specified.
TRIPA single or one-directional vehicle movement.
UNBUILDABLE SITEA portion of a tract of land which, due to physical or environmental conditions, cannot support or is inappropriate for construction of a road, structure or any other man-made improvement. Examples include wetlands, sinkholes, landslides, endangered species habitats, and hazardous waste dumps.
UNDEVELOPED LANDAny lot, tract or parcel of land that has not been graded or in any other manner prepared for the construction of a building.
UNIT OF OCCUPANCYAn allocation of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall include both fee simple ownership and leaseholds.
WAIVERA process for alleviating specific requirements imposed by this chapter and provided under §
380-100 of this chapter.
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.
WATERSHEDAll land and water within the confines of a drainage basin.
WETLANDSAreas that are inundated or saturated by surface or groundwater 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 and similar areas.
YARDA required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by Chapter
450, Zoning. Distances which represent minimum yards throughout this chapter shall include all portions of a lot which are within such distances as measured at right angles from the respective lot line.
A yard encompassing the entire width of the lot and situated between the front lot line and the building line nearest to the front lot line.
YARD, REARA yard encompassing the entire width of the lot and situated between the rear lot line and the building line nearest to the rear lot line.
YARD, SIDEA yard lying between the side lot line and the building line nearest to the side lot line and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. A side yard shall not be required for sides of structures on which the side lot line is congruent with a common party wall.