The following words and phrases, as used in this chapter, shall have
the meaning hereby ascribed thereto, unless the context clearly indicates
a different meaning:
ACCELERATED EROSION
The removal of the surface of the land through the combined
action of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
ALLEY (or SERVICE DRIVE)
A minor right-of-way, publicly or privately owned, primarily
for service access to the back or side of properties and not intended
for general traffic circulation.
APPLICANT (see DEVELOPER and SUBDIVIDER)
A landowner or developer, as hereinafter defined, who has
filed an application for the subdivision or development of a tract
of land, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative 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.
BLOCK
An area bounded by streets.
BUILDING LINE
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
BUILDING SETBACK LINE (SETBACK)
The line within a property defining the required minimum
distance between any enclosed structure and the ultimate adjacent
right-of-way, and the line defining side and rear yards, where required.
CARTWAY or ROADWAY
That portion of a street or alley which is improved, designated
or intended for vehicular use.
CHAIRMAN
The Chairman of the South Hanover Township Planning Commission.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street center lines.
COMMISSION
The South Hanover Township Planning Commission.
COMMISSION STAFF
The Township Engineer and/or other personnel retained by
the Planning Commission.
COMMON ELEMENTS
A.
The land on which the building is located and portions of the
building which are not included in a unit.
B.
The foundation, structural parts, supports, main walls, roofs,
basements, halls, corridors, lobbies, stairways and entrances and
exits of the building.
C.
The yards, parking areas and driveways.
D.
Portions of the land and building used exclusively for the management,
operation or maintenance of the common elements.
E.
Installations of all central services and utilities.
F.
All other elements of the building necessary or convenient to
its existence; management, operation, maintenance and safety or normally
in common use.
G.
Such other facilities as are designated as common elements.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
buildings or on property.
COOPERATIVE
Ownership in common with others of a parcel of land and of
a building or buildings thereon which would normally be used by all
the occupants, together with individual rights of occupancy of a particular
unit or apartment in such building or buildings or on such parcel
of land and may include dwellings, offices and other types of space
in commercial buildings or on property and where the lease, sale or
exchange of a unit is subject to the agreement of the group of persons
having common ownership.
CROSSWALK
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians.
CUL-DE-SAC
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
CUT
An excavation; the difference between a point on the original
ground and designated point of lower elevation on the final grade.
Also, the material removed in excavation.
DETENTION POND
A vegetated pond designed to drain completely after storing
stormwater runoff for a given storm event and then 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.
DEVELOPMENT PLAN
The provisions for development including a plat of subdivision,
all covenants relating to use, location and bulk of buildings and
other structures, intensity of use or density of development, streets,
ways and parking facilities, common open space and public facilities.
The phrase "provisions of development plan" when used in this chapter
shall mean the written and graphic materials referred to in this definition.
DRAINAGE
The flow of water or liquid waste and the method of directing
such flow, whether natural or artificial.
DRAINAGE DISTRICT
A watershed where natural surface configurations, runoff
characteristics and defined conveyances have attained the conditions
of equilibrium, and which includes any channel or conveyance of surface
water having a defined bed and banks, whether natural or artificial
with perennial or intermittent flow.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision or contiguous
land areas.
DRIVEWAY
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
DWELLING
A building designed for residential purposes and used as
living quarters for one or more persons.
DWELLING UNIT
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family or a single person.
DWELLING, MULTIFAMILY
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
DWELLING, TWO-FAMILY, SEMI-DETACHED
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and having one party wall in
common with another building.
EASEMENT
A right-of-way granted for the limited use of land for public
or quasi-public purposes.
ENERGY DISSIPATER
A device used to slow the velocity of stormwater, particularly
of concentrated discharge such as pipe outlets.
ENGINEER
A professional engineer licensed and registered under the
laws of the commonwealth to engage in the practice of engineering.
(This does not include the determination of property boundaries unless
the engineer is also a licensed and registered surveyor as set forth
in this article.)
ENGINEERING SPECIFICATIONS
The engineering specifications of the Township regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
EROSION
The removal of surface materials by the action of natural
elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
FILL
Any act by which earth, sand, gravel, rock or any 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. It shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation of the final grade. The material
used to make the fill.
FLOODPLAIN
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
or, any area subject to the unusual and rapid accumulation or runoff
of surface water from any source.
FUTURE RIGHT-OF-WAY
A.
Right-of-way required for the expansion of existing streets
to accommodate anticipated future traffic loads.
B.
A right-of-way established to provide future access to or through
undeveloped land.
GOVERNING BODY
The Board of Supervisors of South Hanover Township, Dauphin
County, Pennsylvania. See "Board of Supervisors."
GRASSED WATERWAY
A natural or man-made drainageway or parabolic or trapezoidal
cross-section shaped to required dimensions and vegetated for safe
disposal of stormwater runoff.
HALF OR PARTIAL STREET
A street, generally parallel with and adjacent to a property
line, having a lesser right-of-way width than required for improvement
and used as a street in accordance with this chapter.
IMPERVIOUS COVER
Any type of man-made cover that restricts infiltration and
increases the volume or rate of runoff from any rainfall event of
the same magnitude, intensity and distribution.
IMPROVED PUBLIC STREET
Any street for which the Township, county or commonwealth
has maintenance responsibility and which is paved with an approved
hardtop surface.
IMPROVEMENTS
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
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; or
(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.
C.
"Land development" does not include development which involves:
(1)
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.
(2)
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
(3)
Where an addition of no more than 20% of the square footage
is being added to an existing building, but in no case more than 2,000
square feet, a building permit and site plan approval is required
to be obtained from the appropriate officer of the Township, but submission
of a land development plan and review by the Planning Commission and
approval by the Board of Supervisors may be waived, only when:
[Added by Ord. No. 2-2021, 4/13/2021]
(a)
The building is added to the existing structure and is not separated;
and
(b)
There is no change to any street or public way; and
(c)
There is no interference or substantial change to drainage or
the flow of water; and
(d)
The appropriate building official of the Township determines
that the same is otherwise in compliance with all zoning and land
development requirements.
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 conditions), a lessee having
a remaining term of not less than 40 years, or other persons having
a proprietary interest in the land, shall be deemed to be a landowner
for the purpose of this chapter.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT ADD-ON PLAN
A plan which proposes to alter the location of lot lines
between existing lots of separate ownership for the sole purpose of
changing the lot size or lot configuration of existing lots.
LOT AREA
The area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any street, but
including the area of any easement.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on, an arterial
street and minor street and with vehicular access solely from the
latter.
MAJOR STREETS
A.
ARTERIAL STREETA major street or highway with fast or heavy traffic volumes of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
B.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance of a residential development and streets for circulation within such a development.
C.
LIMITED ACCESS HIGHWAYA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.
D.
MARGINAL ACCESS STREETA 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.
E.
MINOR STREETA street used primarily for access to abutting properties.
MINOR SUBDIVISION
The subdivision of a single lot, tract or parcel of land
into two lots, tracts or parcels of land, for the purpose, whether
immediate or future, of transfer of ownership or of building development,
providing lots, tracts or parcels of land thereby created have frontage
on an improved public street or streets and providing further that
there is not created by the subdivision any new street, streets, easement,
easements of access or need therefore.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
ON-SITE STORMWATER MANAGEMENT
The control of runoff to allow water falling on a given site
to be absorbed or retained on site to the extent that after development
the peak rate of discharge leaving the site is not different than
if the site had remained undeveloped.
OWNER
Any person having any title or interest whatsoever in any
land subdivision as the word "subdivision" is hereinafter defined
in this chapter.
PADER
Pennsylvania Department of Environmental Resources.
PADOT
Pennsylvania Department of Transportation.
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SPECIFICATIONS
The Pennsylvania Department of Transportation specifications
in force at the time that a preliminary plat is submitted to the Township
as provided herein. Any requirement of this chapter that the design
or construction of improvements be in accordance with such specifications
shall be deemed to require design or construction in accordance with
the specifications in force on the date of submission of the preliminary
plat as aforesaid.
PERSON
Any individual or group of individuals, partnership or corporation.
PLAN, CONSTRUCTION IMPROVEMENT
A plan prepared by a registered engineer or surveyor showing
the construction details of streets, drains, sewers, bridges, culverts
and other improvements as required by this chapter.
PLAN, OFFICIAL
The Comprehensive Plan and/or development policy plan (master
plan) and/or future land use plan and/or ultimate right-of-way plan
and/or Official Map or other plans or portions thereof, as may be
adopted, pursuant to statute, for the area of the Township in which
the subdivision is located.
PLAN, SKETCH
An informal plan, indicating salient existing features of
a tract and its surroundings and the general layout of a proposed
subdivision.
PLAT, FINAL
A complete and exact subdivision plan prepared for official
recording as required by statute.
PLAT, PRELIMINARY
A tentative subdivision plan, in lesser detail than the final
plat, indicating the approximate proposed layouts of a subdivision
as a basis for consideration prior to preparation of the final plat.
PRIVATE
Not publicly owned, operated or controlled.
PROFILE LINE
The profile of the center line of the finished surface of
the street, which shall be midway between the sidelines of the street.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October
15, 1988 (P.L. 729, No. 93), known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq., as amended and supplemented.
PUBLIC NOTICE
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.
PUC
Pennsylvania Public Utilities Commission.
RE-SUBDIVISION
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Board of Supervisors which changes or proposes
to change property lines and/or public rights-of-way not in strict
accordance with approved plans.
RECORDS DRAWINGS
Set of prints of the original facilities showing those changes
made during the construction process.
RESERVE STRIP
A narrow parcel of ground separating a street from other
adjacent properties.
RESIDENT PROPERTY OWNER
Any individual maintaining a voting address in the Township,
and within 1,000 feet of the proposed subdivision (owning real estate
in his own or joint names). A tenancy in common or any other means
of joint ownership shall be considered as an individual; however,
the signature of a single joint owner shall be considered as binding
the others.
RIGHT-OF-WAY, STREET
A 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.
RUNOFF
The 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.
SEDIMENT BASIN
A temporary dam or barrier constructed across a suitable
location to intercept the runoff and to trap and retain the sediment.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
SEEPAGE PIT
A covered pit with open-jointed lining through which the
septic tank effluent may seep or leak into the surrounding soil.
SEPTIC TANK
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
SEWAGE DISPOSAL SYSTEM (ON-SITE)
Any structure designed to process sanitary sewage within
the boundaries of the lot on which the dwelling unit served by the
system is located.
SEWAGE DISPOSAL SYSTEM (PUBLIC)
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
SHOULDERS
The portion of the street, contiguous to the cartway, for
the accommodation of stopped vehicles, for emergency use of parking,
or for lateral support of base and surface courses in the pavement.
SIGHT DISTANCE
The 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.
SLOPE
The 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.
SOIL PERCOLATION TEST
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
SOIL STABILIZATION
Chemical or structural treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
STREET
A public or private right-of-way constructed to municipal
standards which affords primary vehicular traffic or pedestrian access
to abutting properties, and which includes avenue, boulevard, road,
highway, freeway, parkway and viaduct, but shall not include an alley.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
SUBSTANTIALLY COMPLETED
When in the judgment of the Township Engineer, at least 90%
(based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for 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 use.
SURFACE DRAINAGE PLAN
A plan showing all present and proposed grades and facilities
for stormwater drainage.
SURVEYOR
A professional land surveyor licensed and registered under
the laws of the Commonwealth of Pennsylvania to engage in the practice
of land surveying.
SWALE
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
TILE DISPOSAL FIELD
A system of open jointed or perforated pipes laid in the
upper strata of the soil for absorption.
TOP SOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Topsoil is usually found in the uppermost soil layer called
the A Horizon.
TOWNSHIP
The Township of South Hanover, Dauphin County, Pennsylvania,
the Board of Supervisors, its agents or authorized representatives.
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
UNIT
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and includes a proportionate undivided interest
in the common elements which is assigned to the property, structure
or building.
WATER FACILITY
Any waterworks, water supply works, water distribution system,
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township.
WATERSHED
The entire region or area drained by a river or other body
of water whether natural or man-made.
WETLANDS
Those areas 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.