Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning given herein.
A.
Words used in the present tense imply also the future tense.
B.
Words used in the singular also imply the plural.
C.
The word "person" includes a partnership, corporation or other legal
entity as well as an individual.
D.
The word "shall" is to be interpreted as mandatory; the word "may"
as directory and complied with unless waived.
As used in this chapter, the following terms shall have the
meanings indicated:
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any year. For the purposes of this
chapter, the one-hundred-year flood (base flood) as defined by Federal
Insurance Administration, U.S. Department of Housing and Urban Development,
in Flood Insurance Study, Township of Lower Windsor, York County,
Pennsylvania. Also called the "regulatory flood."
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, loading area,
drive-in and/or drive-through service window or other facility within
a land development.
A building subordinate to and detached from the principal
building on the same lot and used for purposes customarily incidental
to the principal building.
Any person, other than the developer, who, acting for the
developer submits land development plans to the Township Board of
Supervisors for the purpose of obtaining approval thereof.
The use of land for farming, dairying pasturage, apiculture,
horticulture, viticulture or animal or poultry husbandry including
the necessary accessory uses for packing, treating or storing produce
and equipment or housing and feeding the animals and/or the use of
dwellings for families headed by a full-time farm worker. Includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program
under an agreement with an agency of the federal government.
Any landowner, lessee or his authorized agent who submits
plans, data and/or application to the Zoning and/or Building Permit
Officer or other designated Township official for the purpose of obtaining
approval thereof.
Every 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 zoning/building
permit, for the approval of a subdivision plat or plan, or for the
approval of a development plan.
(See "density" and "maximum development density.")
IN THE SENDING AREADensity of residential and/or nonresidential development per acre of gross lot area used to calculate the number of development rights granted or allotted to a parent tract of land existing on or before the effective date of this chapter; or
IN THE RECEIVING AREADensity of residential and/or nonresidential development permitted on a parcel of land without the application of transferred development rights.
The one-hundred-year flood elevation. Within the approximated
floodplain, the base flood elevation shall be established as a point
on the boundary of the approximated floodplain which is nearest to
the subdivision or development site in question.
An area bounded by streets.
Any structure on a lot, having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of persons,
animals or property of any kind. (See "structure.")
The total area taken on a horizontal plane at the mean level
of the ground surrounding the principal building and all accessory
buildings.
The total overall height in feet of a building measured from
the grade level to the highest point of the roof.
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
The portion of a road right-of-way which is paved, improved,
designated or intended for vehicular traffic. Sometimes referred to
as "roadway."
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site suitable for and designed
and intended for the use or enjoyment of residents of the development,
not including streets, off-street parking areas, and areas set aside
for public facilities. Common open space shall be substantially free
of structures, but may contain such improvements as are in the development
plan as finally approved and as appropriate for the recreation of
residents.
The most recently adopted version of the Official Comprehensive
Plan, Lower Windsor Township, York County, PA, including any amendments.
A type of multifamily dwelling which as individual ownership
of the individual units and an undivided (common) interest ownership
of the common areas and facilities serving the building, such as halls,
elevators, lobbies, driveways, parking lots and recreation areas.
Lands upon which primary resources are located in conservation
subdivisions. All primary conservation areas are required to be located
within greenway lands.
Lands containing secondary resources that are conserved as
a part of greenway land.
A lot abutting upon two streets at their intersection.
A right-of-way, municipally or privately owned, at least
six feet wide, which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
The outside edge of the cartway.
A legal document which places restrictions on the amount
and type of development which can occur on a parcel of land in the
sending area from which development rights have been apportioned and
transferred.
A legal document which grants transfer of ownership of development
rights and provides for the attachment of the transferred development
rights to a specific parcel in the receiving area.
(See "base density.")
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.
The right to construct a specified amount of development
according to this chapter. Said rights can be transferred from parcels
within the sending area where the Township desires only limited development,
so that the development potential which they represent may occur on
other lands where more intensive development is deemed to be appropriate
and desirable, specifically the receiving area. One development right
must be used for:
A lot fronting on two streets other than a corner lot.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface water off streets, public rights-of-way,
parks, recreational areas, or any part of any land development or
contiguous land areas.
A private minor vehicular right-of-way providing access between
a street and a garage, carport or other parking space for a single-family
or two-family dwelling. (See "access drive.")
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities and sanitation facilities
arranged for occupancy by one family.
A limited right of use granted in private land for public
or quasi-public purpose.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
Areas and/or features contained in the Restricted Development
Overlay such as wetlands, steep slopes, floodplains, as well as prime
agricultural soils (Class I-III), that are susceptible to environmental
degradation.
A relatively flat or low land area adjoining a stream, river,
or watercourse, which is subject to partial or complete inundation;
or, any area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
The required minimum distance between the street right-of-way
line and the front building line projected the full width of the lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An area bounded by the street right-of-way line, front wall
of the principal building and side property lines. On a corner lot,
the second front yard shall be an area bounded by the street right-of-way
lines, side wall of the principal building and rear property line.
The portion of a lot abutting the street right-of-way.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per 100 feet.
A parcel or parcels of land and/or water, within a conservation
subdivision, set aside for the protection of natural and cultural
resources. "Greenway land" consists of primary and secondary conservation
areas and is permanently restricted against further development. The
terms "greenway" and "greenway land" are synonymous.
That portion of a right-of-way carrying surface drainage.
Those paved surfaces that do not absorb precipitation. Areas
including, but not limited to, parking areas, driveways, roads, sidewalks,
patios and any similar areas of concrete, brick, stone or asphalt
shall be considered impervious surface. In addition, all buildings
and structures shall be considered as impervious surfaces for computation
of lot coverage.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, grading, street signs and plantings, and other
items required for the welfare of the property owners and the public.
Any of the following activities:
[Amended 12-11-2014 by Ord. No. 2014-04]
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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
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;
A subdivision of land. A land development shall not include:
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;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
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.
A map showing the site with relation to adjoining areas.
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.
The area contained within the property lines of an individual
parcel of land as shown on a land development plan, excluding any
area within a street right-of-way, but including the area of any easement.
A percentage which when multiplied by the lot area will determine
the permitted area that can be covered with improvements, i.e., building,
paving, structures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The lines bounding a lot as described in the recorded title.
Also referred to as "property lines."
A lot which has been recorded in the office of the York County
Recorder of Deeds.
For lots having radial side property lines and at least 50
feet of public road frontage (as measured along the street line),
the distance between the side property lines as measured along a uniform
building setback line; for corner lots, the distance between a side
or rear property line and a front property line as measured along
a continuous minimum building setback line; for all other lots, the
distance between the side property lines as measured along a continuous
minimum building setback line.
The maximum density of residential and/or nonresidential
development permitted on a parcel of land. (See "base density" and
"density.")
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.
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.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247,[1] as reenacted and amended.
A building providing separate living quarters for two or
more families.
The owner of record of a lot or parcel of land.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land separated by an existing state
or Township road shall be considered contiguous.
Pennsylvania Department of Transportation.
An agreement by and between a contractor and a bonding company
in favor of the developer and the Township Board of Supervisors guaranteeing
the completion of physical improvements.
The map or drawing of a subdivision or land development,
whether sketch, preliminary or final.
PLAN, SKETCHAn informal land development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval.
PLAN, PRELIMINARYA land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and proposed street, utility, stormwater, and lot layout as a basis for consideration prior to construction or preparation of a final plan.
PLAN, FINALA complete and exact land development plan, prepared for official recording, to define property rights and other improvements.
A map, plan or layout showing the subdivision of land or
land development, whether preliminary or final, and indicating the
location and boundaries of individual properties.
Land used for agricultural purposes that contains prime agricultural
soils.
Soils of the first, second or third class as defined by the
most recent edition of the United States Department of Agriculture,
Natural Resources Conservation Services, York County Soil Survey.
A building in which the principal use of the lot on which
it is located is conducted.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the MPC.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
A municipal sanitary sewer system, or a comparable common
or package sanitary facility regulated by the Pennsylvania Public
Utility Commission, approved and permitted by the Pennsylvania Department
of Environmental Protection.
A municipal water supply system, or a comparable public water
facility regulated by the Pennsylvania Public Utility Commission,
approved and permitted by the Pennsylvania Department of Environmental
Protection.
A line that both:
The required minimum distance between the rear lot line and
the rear building line projected the full width of the lot.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An area bounded by the property line (or street right-of-way
line in the case of reverse frontage or double frontage lots), rear
wall of the principal building and side property lines. On corner
lots, the rear yard shall be considered that area bounded by the rear
wall of the principal building, the property line directly opposite
the street of address, the side property line and the side wall of
the principal building facing the street of non-address.
Any land development which has been approved by the Township
which changes, or proposes to change property lines and/or public
rights-of-way not in strict accordance with the approved plan.
A lot extending between and having frontage on a minor street
and either an arterial or a collector street with vehicular access
solely from the minor street.
A right of passage across land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, shade
trees, or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right of-way is established. For the purpose
of this chapter, also includes easements.
Roads are grouped into two classes: highways and streets,
as defined below.
HIGHWAYA public way or road for purposes of vehicular and pedestrian travel between prominent termini.
INTERSTATEA divided highway providing rapid movement of large volumes of continuous traffic between large cities with full control of access.
ARTERIALA highway primarily for fast or heavy traffic between smaller cities.
STREETA public or private way, excluding driveways and access drives, which affords the principal means of access to abutting properties, intended to be used by vehicular traffic or pedestrians. Includes street, avenue, boulevard, road, freeway, parkway, lane, alley, viaduct and any other dedicated and accepted public right-of-way or private right-of-way.
COLLECTORA street which provides traffic movement between major arterials and minor streets and which provides direct access to abutting properties.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for a satisfactory improvement and use of the street.
MINOR STREETA street which is used primarily for access to the abutting properties.
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
The required minimum distance between the side lot line and
the side building line projected from the front setback line to the
rear setback line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An area bounded by a side property line and the front, rear
and side walls of the principal building. On corner lots, the side
yard shall be considered the area bounded by the side wall of the
principal building, the property line opposite the street of non-address
and the front and rear walls of the principal building.
A public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, lane, alley, viaduct and any other
dedicated and accepted public right-of-way or private right-of-way.
The officially established-grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such mid-point shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, access drives, walkways and parking areas or other
at-grade structures. All structures must meet setback requirements.
(See “building.”)
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
ACCESSORY STRUCTUREA subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
PRINCIPAL STRUCTURE— A structure which is directly involved
in the principal use of the lot on which said structure is located.
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 dwellings shall be
exempt.
The relocation of development rights for specified lands
which are desired by the Township to be kept undeveloped, but permitting
those rights to be transferred from these lands so that the development
potential which they represent may occur on other lands within the
Township where more intensive development is deemed to be appropriate.
A lot fronting three streets. The front setback regulations
of the zone in which the lot is located shall apply to each street
frontage.
Land in parcels sufficiently large for future land development
which is presently in agriculture, woodland or lying fallow.
The horizontal distance between a structure and a property
or street line.
The municipal official designated to administer and enforce
the Zoning Ordinance[2] in accordance with its literal terms.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
