Township of Upper Allen, PA Definitions

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(8)

The word "erected" shall be construed to include the words "constructed, altered or moved."

(9)

The word "building" shall include any structure or part thereof.

Specific words and phrases. The following words are defined in order to facilitate the interpretation of the chapter for administrative purposes and in carrying out the duties by appropriate offices and by the Board of Commissioners of Upper Allen Township.

ABUTTING

Having property or district lines in common.

ACCESS

A way or means of approach to provide vehicular or pedestrian physical entrance and exit to a property.

ACCESS DRIVE

A paved surface or other surface, other than a street, which provides vehicular and/or pedestrian access from a street or a private road to a lot. Access drives shall be located and constructed so as to provide safe ingress and egress with respect to the lot. If the access drive provides access to a state highway, issuance of a highway occupancy permit by the Pennsylvania Department of Transportation shall be required prior to the issuance of any permit under this chapter.

ACCESSORY STRUCTURE

See "structure, accessory."

ACT

The latest version of the Pennsylvania Municipalities Planning Code (MPC),[1] as amended.

ADJUSTED TRACT AREA APPROACH

One of two methods of determining the maximum number of permitted dwelling units in conservation subdivisions where the adjusted tract area of the site equals the gross tract area minus the constrained land on the site. The actual methodology is outlined in the Upper Allen Township Zoning Ordinance, as amended.[2] The other method is the yield plan.

AGENT

Any person other than the developer who, acting for the developer, submits to the Planning Commission and Board of Commissioners of Upper Allen Township land development plans for the purpose of obtaining approval thereof.

AISLE

The traveled way by which cars enter and depart parking spaces.

ALLEY

A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his or her personal representatives, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plot or plan, or for the approval of a development plan.

APPROXIMATED FLOODPLAIN

Those portions of land within the FP - Floodplain District subject to inundation by the 100-year flood where a detailed study has not yet been performed but where a 100-year floodplain boundary has been approximated. Where the specific 100-year flood elevation cannot be determined for this unique area using other sources of data such as the U.S. Army Corps of Engineers' Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for the proposed use, development, and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Only professional engineers, or others of demonstrated qualifications, shall undertake hydrologic and hydraulic analyses, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. In addition, information from other federal, state and other acceptable sources shall be used to determine a floodway area, if possible.

ARCHITECTURAL CONTROL

Regulations governing the appearance or architectural style of buildings or structures.

AREA

The total outside surface of anything, as measured in square feet.

(1)

LOT AREAThe area contained within the property lines of individual parcels of land shown on a subdivision plan, excluding any area within a street right-of-way and including the area of any easement or future street right-of-way.

(2)

BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps (gross living area).

AVERAGE GROSS RESIDENTIAL DENSITY

The number of dwelling units per acre in a planned residential development, computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development which are not planned to be devoted to commercial use. If the developer is required to dedicate lands for sites for schools or other public facilities, such land shall be included in the total land area used in computing maximum permissible average gross density. If he is required to set aside land for such purposes, it shall not be included in the computation of average gross density. If such land is not acquired by the appropriate body by the date of the sale or rental of 51% of the dwelling units in the planned residential development, then, at the option of the developer, the land may be used for residential purpose, subject to the provisions of the Zoning Ordinance.[3]

BASEMENT

A story partly underground but having at least 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining underground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes, other than a game or recreation room.

BERM

A mound of soil, either natural or man-made, used to obstruct views.

BICYCLE INFRASTRUCTURE

All infrastructure which may be used by cyclists. This includes the same networks of roads and streets used by motorists, except in which cyclists have been banned. The term includes additional bikeways that are not available to motor vehicles, such as bike paths, bike lanes, bike tracks, sidewalks, etc., and amenities such as bike racks, traffic signs and signals, etc.

BLOCK

A tract of land bounded on one side by a street and on the other sides (normally three) by streets, railroad rights-of-way, waterways, unsubdivided areas and other definite barriers.

BOARD OF COMMISSIONERS

The Board of Commissioners of the Township of Upper Allen.

BUFFER AREA

A strip of land which is planted and maintained in shrubs, bushes, trees, grass or other landscaping material and within which no structure is permitted except a wall or fence.

BUFFER YARD

An open area whose dimensions normally exceed the normal building setback or yard requirement used to protect low-density uses and zoning districts from adjacent higher-density uses and districts.

BUILDING

Any structure on a lot having a roof supported by columns or walls and designed and/or intended for the shelter, housing or enclosure of persons, animals or chattel and including covered porches, bay windows and chimneys.

BUILDING COVERAGE

The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

BUILDING LINE

A line parallel to the front, side or rear lot line set so as to provide the required yard.

BUILDING SETBACK LINE

See "setback (building setback line)."

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.

BUILDING, HEIGHT OF

The mean grade at the front of the structure to the highest point of the structure, excluding chimneys, spires, towers, elevator penthouses, tanks and similar projections.

BUILDING, PRINCIPAL

A structure enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals or property of any kind; the main structure on a given lot; a building in which is conducted the principal use of the lot on which it is situated.

CALIPER

The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter.

CARTWAY or ROADWAY

The portion of a street right-of-way which is paved, improved, or designated or intended for vehicular traffic.

CELLAR

A story partly underground having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories.

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

CLEAR SIGHT TRIANGLE

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.

COMMISSION

The Upper Allen Township Planning Commission, unless otherwise noted.

COMMISSIONERS

The Upper Allen Township Board of Commissioners.

COMMON AREA

The area in a subdivision or planned residential development, including common open space, owned or leased and maintained by an association or other combination of persons for the benefit of the residents of the planned residential development, and if owned under the Pennsylvania Unit Property Act,[4] including all common elements designated for the use of all dwelling unit owners.

COMMON ELEMENTS

Includes:

(1)

The land on which a building is located and portions of the building which are not included in a unit;

(2)

The foundations, structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of a building;

(3)

The yards, parking areas and driveways;

(4)

Portions of land and building used exclusively for the management, operation or maintenance of the common elements;

(5)

Installations of all central services and utilities;

(6)

All other elements of a building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use; and

(7)

Such other facilities as are designated as common elements.

COMMON FACILITIES

When referring to a development, these facilities are common or community open space, recreational facilities, community sewage facilities, community water supply facilities, stormwater management facilities, common parking areas and driveways, preservation areas, private streets, or other community facilities.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development plan designed and intended for the use or enjoyment of residents of the development plan and, where designed, the community at large. Common open space does not include rights-of-way, 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 approved in the development plan that are appropriate to recreational and other open-space uses of the land and shall not include playground, athletic field or other open spaces areas of any schools or places of worship to be included within the proposed development.

COMMUNITY SEWAGE SYSTEM

Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots, and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site, and which shall comply with all applicable regulations of the Pennsylvania Department of Environmental Protection.

COMMUNITY WATER SUPPLY SYSTEM

A public or private utility system designated to transmit potable water from a common source to multiple users. Such systems shall be in compliance with the regulations of the Pennsylvania Department of Environmental Protection, the Public Utilities Commission (PUC) or the Township, whichever is more stringent.

COMPREHENSIVE PLAN

The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247,[5] as amended and reenacted, consisting of maps, charts, and textual material, that constitutes decisions about the physical and social development of the Township of Upper Allen, as amended.

CONCEPT PLAN

A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification.

CONSERVATION AREAS

Undeveloped and undisturbed areas set aside for the preservation and/or continuation of the natural environment, to promote recreational use, agricultural use and retention of open space and undeveloped floodplain areas, and to provide areas of wildlife habitat.

CONSERVATION SUBDIVISION

A land development process that seeks to identify and permanently protect special natural and/or environmental features and open space in designated conservation areas, greenway areas, or preserves.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

CONSTRUCTION AND MATERIAL SPECIFICATIONS

A manual to be used for permitted and contracted improvement projects throughout the Township.[6] This manual shall be used as the standard construction specifications, as outlined in this chapter. This manual, established by Resolution 1012, shall be amended from time to time by resolution of the Board of Commissioners of Upper Allen Township.

CONSTRUCTION, NEW

For the purpose of complying with the requirements of the National Flood Insurance Program (NFIP), new construction shall be identified as structures for which the start of the construction commenced on or after January 30, 1980, and includes any subsequent improvements thereto.

CONVENTIONAL DEVELOPMENT

Development other than planned residential development or conservation subdivisions.

COUNTY

County of Cumberland, Pennsylvania.

COURT

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

COURT, INNER

A court which does not extend to a street, alley, yard, or outer court.

COURT, OUTER

A court which extends to a street, alley, yard, or other outer court.

COVERAGE

That portion or percentage of the plot or lot covered by the building area.

CUL-DE-SAC

A local street with only one outlet and having the other end for the reversal of traffic movement.

CURB

The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.

CURBLINE

The outside edge of the cartway.

DEDICATION

An act transmitting property or interest thereto.

DENSITY

The total number of dwelling units per acre of land.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Pennsylvania Department of Environmental Protection (PA DEP).

DESIGN FLOOD

The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway, the flood hazard area, and the water surface elevations.

DESIGN STANDARDS

Standards that set forth specific improvement requirements.

DETENTION BASIN

A man-made or natural water-collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property into natural or man-made outlets.

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 land development or submits a development plan under the terms of this chapter.

DEVELOPMENT

A planning or construction project involving substantial property improvement and, usually, a change of land-use character within the site; the act of using land for building or extractive purposes.

DEVELOPMENT PERMIT

A zoning and/or building permit authorizing the construction, repair, demolition, relocation and reconstruction of a structure, or any other permit requested or issued in connection with any of the activities defined under "development" herein.

DEVELOPMENT PLAN

The provisions for development of land under the provisions of this chapter, 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 the development plan," when used in this chapter, shall mean both the written and graphic materials referred to in this definition.

DEVELOPMENT REGULATION

Zoning, subdivision, site plan, Official Map, floodplain regulation, or other governmental regulation of the use and development of land.

DISTURBANCE OF VEGETATIVE COVER

Removal, destruction, or damaging of plants, including trees, shrubs, herbaceous growth, by methods including, but not limited to, cutting, bulldozing, plowing, regrading, digging, or intensive use of herbicides (in which selective species are intended to be eradicated or which the intent is to defoliate).

DOUBLE FRONTAGE LOT

A lot fronting on two streets, other than a corner lot.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means.

DRAINAGE FACILITY

Any ditch, gutter, pipe, culvert, storm sewer or other structure designated, 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 land development or contiguous land areas.

DRIVEWAY

A minor vehicle right-of-way providing access between a street and a parking area or garage within a lot or property.

DRIVEWAY/ACCESS ROAD

A cartway or traveled path, improved or unimproved, by means of which ingress and egress to and from private property is gained and which intersects with a Township, state or county right-of-way.

DWELLING, MANUFACTURED HOUSING

Any structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.

EASEMENT

An interest in real property generally established in a real estate document or on a recorded plat or plan to reserve, convey or dedicate the use of land for a specified or limited purpose without the transfer of fee title. The easement may be for use under, on or above said lot or lots. Such specified uses may include, but are not limited to, transportation facilities, utilities, conservations, access, stormwater management, solar exposure, planting strips, and other similar uses.

EASEMENT, CONSERVATION

A legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property. The easement spells out the rights the landowner retains and the restrictions on use of the property.

EASEMENT, UTILITY

A right-of-way granted for the limited use of land for public, quasi-public or private purposes.

ENGINEER, REGISTERED

See "professional engineer."

ENGINEER, TOWNSHIP

A professional engineer, licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township.

ENGINEERING LAND SURVEYS

Surveys for:

(1)

The development of any tract of land, including the incidental design of related improvements, such as line and grade extension of roads, sewers and grading, but not requiring independent engineering judgment; provided, however, that tract perimeter surveys shall be functions of the professional land surveyor;

(2)

The determination of the configuration or contour of the earth's surface or the position of a fixed object thereon or related thereto by means of measuring lines and angles and applying the principles of mathematics, photogrammetry, or other measurement methods;

(3)

Geodetic or cadastral survey, underground survey and hydrographic survey;

(4)

Sedimentation and erosion control surveys;

(5)

The determination of the quantities of materials;

(6)

Tests for water percolation in soils; and

(7)

The preparation of plans and specifications and estimates of proposed work as described in this subsection.

ENVIRONMENTAL CONSTRAINTS

Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

ENVIRONMENTAL IMPACT ASSESSMENT

An assessment of the impact of a use of the: 1) natural environment, i.e., geology, topography, soils, hydrology, vegetation, wildlife, wetlands, and air quality; and 2) the cultural environment, i.e., lot use, utilities, traffic, population, economics, services, historic assets and general character of the neighborhood. The assessment of traffic impact must include a complete traffic analysis prepared and sealed by a professional traffic engineer, identifying the impact of the proposed development on existing traffic and circulation patterns and proposing solutions to problems which may arise as consequence of the proposed development.

ENVIRONMENTALLY SENSITIVE AREA

An area with one or more of the following environmental characteristics: floodway, rock outcroppings, steep slope, 100-year floodplain or wetlands.

ESCROW

A deed, a bond, money or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

EXACTION

A contribution of payment required as an authorized precondition for receiving a development permit.

EXCAVATION

An act by which earth, sand, gravel, rock or any other similar material is dug into, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.

FLAG LOT

See "lot, flag."

FLOOD BOUNDARY, 100-YEAR

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, the Department of Environmental Protection, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this boundary.

FLOOD BOUNDARY, 500-YEAR

The outer boundary of an area of land that is likely to be flooded once every 500 years (i.e., that has 1/5 of 1% chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, the Department of Environmental Protection, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this boundary.

FLOOD ELEVATION, 100-YEAR

The water surface elevations of the 100-year flood.

FLOOD ELEVATION, 500-YEAR

The water surface elevations of the 500-year flood.

FLOOD HAZARD BOUNDARY MAP

A map indicating that an official flood hazard may be used or approved by the Federal Insurance Administrator.

FLOOD OF RECORD

The flood which has reached the highest flood elevation above mean sea level at a particular location.

FLOOD, 100-YEAR (BASE FLOOD)

A flood which is likely to be equaled or exceeded once every 100 years (i.e., that has a 1% chance of being equaled or exceeded in any given year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, the Department of Environmental Protection, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.

FLOOD, 500-YEAR

A flood which is likely to be equaled or exceeded once every 500 years (i.e., that has a 1/5 of 1% chance of being equaled or exceeded in any given year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, the Department of Environmental Protection, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.

FLOODPLAIN

A floodplain may be either or a combination of: 1) a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse during a 100-year design frequency storm; or 2) any area subject to the unusual or rapid accumulation of runoff or surface waters from any source.

FLOODPLAIN or FLOOD PRONE AREA

A land area adjoining a river, stream, watercourse, ocean, bay or lake which is likely to be flooded. Floodplain area with special flood hazards means that maximum area of the floodplain that, on average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year).

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. With regard to nonresidential structures, the term "floodproofing" shall also mean that the structure, together with attendant utility and sanitary facilities, be designed so that any space below the regulatory flood elevation is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

FLOODWAY

The areas identified as floodway in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in the other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

FLOODWAY FRINGE

Those portions of land within the FP - Floodplain District subject to inundations by the 100-year flood beyond the floodway in areas where detailed study and profiles are available.

FLOOR AREA OF A BUILDING (GROSS)

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA RETAIL, NET

All that space regulated to use by the customer and the retail employee to consummate retail sales and to include display area used to indicate the variety of goods available for the customer, but not to include office space, storage space and other general administrative areas.

FLOOR, LOWEST

The lowest floor of the lowest fully enclosed area (including the basement). An unfinished, flood-resistant, partially enclosed area used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

FRONTAGE

The horizontal or curvilinear distance along the street line upon which a lot abuts.

FUTURE RIGHT-OF-WAY

The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads; a right-of-way established to provide future access to or through undeveloped land.

GOVERNING BODY

The Board of Commissioners of the Township of Upper Allen, Cumberland County, Pennsylvania.

GOVERNMENTAL AUTHORITY

Any federal, state or local agency having authority over health factors such as sewers, water and other related matters.

GREENWAY

A greenway may be any one or combination of the following:

(1)

A linear open space established along either a natural corridor, such as a riverfront, stream valley or ridge line, or over land along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route;

(2)

A natural or landscaped course for pedestrian or bicycle passage;

(3)

An open space connector linking parks, natural reserves, cultural features, or historic sites with each other and with populated areas; and

(4)

Strip or linear parks designated as a parkway or greenbelt.

GROSS BUILDING AREA

The total area of a building available for construction or use, as measured from the exterior walls of the building. Gross building area should be used in computing all square footage measurements for buildings as well as dimension requirements.

GROUND COVER

Any vegetative and nonvegetative planting material such as, but not limited to, ornamental grasses, shrubs, rocks, small stones, bark and natural red earth which hold and stabilize soils.

GROUND FLOOR

The floor of a building nearest the mean grade of the front of the building.

HIGHWAY

See "street."

IMPERVIOUS COVERAGE

That area of the lot covered by impervious surface.

IMPERVIOUS SURFACE

A surface that does not absorb rain, including all buildings and other structures, parking areas, driveways, roads, sidewalks, storage areas and areas of concrete, nonporous asphalt and stone and other such areas as shall be determined to be nonporous by the Board of Commissioners of Upper Allen Township and/or the Township Engineer.

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, installations and changes required to render land suitable for the use intended, including grading, paving, curbing, streetlights, signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and other public utilities and street shade trees.[7]

INDIVIDUAL ON-LOT SEWAGE SYSTEM

Any system of piping, tanks, or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil and any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition, and which is located upon the lot which it serves.

INTERIOR WALK

The right-of-way for pedestrian use extending from a street into a block or across a block to another street.

INTERSTATE SYSTEM

That portion of the national system of international and defense highways located within Pennsylvania, as officially designated or as may hereafter be designated by the Secretary of the Pennsylvania Department of Transportation and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, United States Code, "Highways."

LAND DEVELOPMENT

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any other purpose involving:

(a)

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

(b)

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, condominium, building groups or other features.

(2)

A subdivision of land.

(3)

Land development shall not include:

(a)

The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium; or

(b)

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

LAND-USE CONTROLS

A term generally referring to the use of police power techniques to control and guide land use and development.

LANDFILL

See "sanitary facility, landfill or incinerator."

[Amended 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

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 authorized under the lease to exercise the rights of the landowner; or other person having a proprietary interest in land.

LANDSCAPE PLAN

A component of a development plan, if required, on which is shown proposed landscape species (such as number, spacing, size at time of planting, and planting details, etc.), proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and any other information that can reasonably be required in order that an informed decision can be made by the Board of Commissioners of Upper Allen Township.

LANDSCAPING ISLAND

A section of raised land not less than nine feet in width and a depth equal to the parking stalls, intended for plant materials, and for the purpose of creating a visual separation between parking spaces and to separate parking spaces from the entrance and exit drives and circulatory roads. Landscaping islands may be lowered or flush when designed as part of a stormwater collection system.

LOADING SPACE

An off-street space on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on or has access to a street.

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.

(1)

LOT, AREAThe 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.

(2)

LOT, CORNERA lot with two adjacent sides abutting on streets, which has an interior angle of less than 135° at the intersection of the two street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.

(3)

LOT, FLAGA large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

(4)

LOT, INTERIORA lot other than a corner lot.

(5)

LOT, MINIMUM WIDTHThe horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

(6)

LOT, NONCONFORMINGA lot of which the area or dimension was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

(7)

LOT, REVERSE FRONTAGEA through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. In the case of a lot fronting on streets of different classification, access to the lot shall be from the lower classified roadway, in accordance with the Upper Allen Township Comprehensive Plan Classification of Roadways.

(8)

LOT, THROUGHA lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. Lots fronting on a street and an alley are not considered through lots.

Example of Lot Types

LOT ADD-ON

A subdivision plan, or lot consolidation plan, which proposes to alter the location of lot lines between existing lots to either increase a lot size or delete a lot line. Additional development involving the newly created lot shall be subject to the requirements of applicable Township ordinances.

LOT COVERAGE

The total of impervious areas, including building area, divided by the lot area.

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT LINES

The boundary lines of a lot as defined herein:

(1)

FRONT LOT LINEThe lot line separating a lot from a street right-of-way. In the case of a corner lot or a lot abutting a street right-of-way on more than one side, the front lot line shall be determined based on the street address assigned by the post office.

(2)

REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a corner lot, the owner shall have the option of choosing which of the two lot lines which are not street lines is to be considered a "rear lot line." In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line further from any street shall be considered a rear lot line.

(3)

SIDE LOT LINEAny lot line which is not a street line or a rear lot line.

(4)

STREET LINEA line defining the edge of a street right-of-way and separating the street from abutting properties or lots. Commonly known as the "street right-of-way line."

LOT OF RECORD

A lot which has been recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania.

LOT WIDTH

The distance measured between the side lot lines at the required or proposed building setback line. When there is only one side lot line, as in the case of single-family semidetached or some single-family attached dwellings, the lot width shall be measured between the side lot line and the center line of the party wall. For interior single-family attached dwellings, lot width shall be measured between the right-of-way line for the nonaddress street and directly opposite property line.

LUMINAIRE

A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

MANUFACTURED HOME

See "dwelling, manufactured housing."

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single manufactured home. (See also "mobile home lot.")

MARGINAL ACCESS STREET

Minor streets, parallel and adjacent to major traffic streets, which provide access to abutting properties and control intersections with major traffic street.

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.

MOBILE HOME LOT

A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK

A parcel, or contiguous parcels of land under single ownership, which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes for nontransient use.

MOBILE HOME SALES LOT

An open lot for the outdoor display of new or used mobile homes.

MOBILE HOME STAND OR PAD

That part of an individual mobile home space which has been reserved for the placement of a mobile home and appurtenant structures and connections.

MODULAR/MANUFACTURED HOME

A type of dwelling that is in substantial part but not wholly produced in sections off the site and then is assembled and completed on the site. This shall not include any dwelling that meets the definition of mobile home, nor shall it include any dwelling that does not rest on a permanent foundation, nor any dwelling intended to be able to be moved to a different site once assembled, nor any dwelling that would not fully comply with any and all applicable building codes. A modular home also shall not include a building that includes only one substantial piece prior to delivery on the site.

MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted (53 P.S. § 10101 et seq.).

MUNICIPALITY

The Township of Upper Allen.

NATURAL FEATURE

A component of a landscape existing or maintained as part of the natural environment and having ecologic value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress or energy costs. Such features include those of which, if disturbed, may cause hazards or stress to natural habitats, property or the natural environment.

NONCONFORMING LOT

See "lot, nonconforming."

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment hereto.

OFF-SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFF-STREET PARKING

Parking of motor vehicles as an accessory use located upon the same lot as a permitted principal use or, in the case of joint parking, within close proximity to serve the parking requirements and needs of the principal use.

OFF-STREET PARKING SPACE

A parking space provided in a parking lot, parking structure or private driveway.

OFF-TRACT

A tract not located on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.

OFFICIAL MAP

A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code.[8]

ON-SITE

Located on the lot in question.

ON-STREET PARKING SPACE

A parking space that is located on a dedicated or private street right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OWNER

Any person who, alone or jointly or severally with other persons, has legal title to any premises. This does not include a lessee, sublessee or other person who merely has the right to occupy or possess the premises.

OWNER-OCCUPIED

The property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means.

PARCEL

A lot or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.

PARKING LOT

Any lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee.

PARKING SPACE

The area required for parking one motor vehicle.

PARTY

A person or group taking one side of a question, dispute or contest.

PEDESTRIAN WALKWAY

An improved thoroughfare designated exclusively for pedestrian traffic.

PERFORMANCE BOND

An agreement by and between a contractor and a bonding company in favor of the developer and the Board of Commissioners of Upper Allen Township guaranteeing the completion of physical improvements.

PERFORMANCE STANDARDS

A minimum requirement or maximum allowable limit on the effects or characteristics of a use, usually written in the form of regulatory language.

PERSON

A person shall mean and include one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees in bankruptcy or receivers.

PERVIOUS SURFACE

A surface that permits full or partial absorption of stormwater.

PLAN

The map or plan of a subdivision or land development, whether sketch, preliminary or final.

(1)

PLAN, FINALA complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.

(2)

PLAN, PRELIMINARYA tentative land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.

(3)

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.

PLANNED RESIDENTIAL DEVELOPMENT

A contiguous area of land controlled by a landowner to be developed as a single entity for a number of residential and nonresidential units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created from time to time under the provisions of a municipal zoning ordinance.

PLANNING AGENCY

The Planning Commission of Upper Allen Township.

PLANNING MODULE FOR LAND DEVELOPMENT

A revision to, or an exception to a revision to, the Township's Official Sewage Facilities Plan submitted in connection with the request for approval of a subdivision or land development in accordance with Department regulations.

PLANTING STRIP

An easement area where plants, shrubs, trees and ornamental grasses shall be permitted to provide privacy between neighboring properties. No structures, principal or accessory, shall be permitted in the planting strip.

PLAT

See "plan."

POTABLE WATER SUPPLY

Water suitable for drinking or cooking purposes.

PRACTICE OF ENGINEERING

The application of the mathematical and physical sciences for the design of public or private buildings, structures, machines, equipment, processes, works of engineering systems, and the consolation, investigation, evaluation, engineering surveys, planning and inspection in connection therewith, the performance of the foregoing acts and services being prohibited to persons who are not licensed under the laws of the commonwealth as professional engineers unless exempt under other provisions of the laws of the commonwealth. The term "practice of engineering" shall also mean and include related acts and services that may be performed by other qualified persons, including, but not limited to, municipal planning, incidental landscape architecture, teaching, construction, maintenance and research, but licensure under the laws of the commonwealth to engage in or perform any such related acts and services shall not be required.

PRACTICE OF LAND SURVEYING

The practice of that branch of the profession of engineering which involves the location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any road right-of-way; easement of alignment; the use of principles of land surveying; determination of the position of any monument or reference point which marks a property line boundary, or corner setting, resetting or replacing any such monument or individual point, including the writing of deed descriptions; procuring or offering to procure land surveying work for himself or others; managing or conducting managers; proprietors or agents of any place of business from which land surveying work is solicited, performed or practiced; the performance of the foregoing acts and services being prohibited to persons who are not granted certificates of registration under the laws of the commonwealth as professional land surveyor unless exempt under other provisions of the laws of the commonwealth.

PREAPPLICATION CONFERENCE

An initial meeting between developers and the Zoning Officer and/or Township Engineer which affords applicants and/or developers the opportunity to present their proposals informally.

PRELIMINARY APPROVAL

The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY SUBDIVISION PLAT

A map indicating the proposed layout of a development and related information that is submitted for preliminary approval.

PRIMARY SYSTEM

The portion of connected main highways located within Pennsylvania which now or hereafter may be designated officially by the Secretary of the Pennsylvania Department of Transportation and approved by the Secretary of Transportation of the United States pursuant to Title 23, United States code, "Highways."

PRIVATE OR NONPUBLIC STREETS

All streets which are not public, including, but not limited to, streets maintained by private agreements, by private owners, or for which no maintenance responsibility has been established.

PROFESSIONAL ENGINEER

An individual license and registered under the laws of this commonwealth to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed and registered as a professional land surveyor as defined and set forth in this chapter; however, a professional engineer may perform engineering land surveys.

PROFESSIONAL LAND SURVEYOR

An individual license and registered under the laws of this commonwealth to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering.

PROFILE LINE (STREET CENTER LINE)

The profile of the center line of the finished surface of the street, which shall be midway between the side lines of the street.

PUBLIC

Owned, operated or controlled by a governmental agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Department of Education).

PUBLIC GROUNDS

Includes:

(1)

Parks, playgrounds, trails, paths and other recreational areas and other public areas; and

(2)

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

(3)

Publicly owned and operated scenic and historic sites.

PUBLIC IMPROVEMENTS

An improvement that has been or will be dedicated for public use or that is designated to provide adequate transportation, water, sewerage, flood protection or recreational facilities or to serve other public requirements in accordance with this Upper Allen Township Subdivision and Land Development Ordinance and the Zoning Ordinance.[9]

PUBLIC SEWER

A municipal sanitary sewer system, or a comparable common or package sanitary facility, approved by the State of Pennsylvania, Department of Environmental Protection.

PUBLIC STREET/ROAD

A street ordained or maintained or dedicated and accepted by the Township, county, state or federal government and open to public use.

PUBLIC WATER

A municipal water supply system, or a comparable common water facility, approved by the State of Pennsylvania, Department of Environmental Protection.

RECREATION OPEN SPACE

The area of land suitable for the development of specific active recreation facilities for leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including, but not limited to, baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities.

REGULATORY FLOOD ELEVATION

The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

RESIDENTIAL DEVELOPMENT

A subdivision or land development, as those terms are defined in the Pennsylvania Municipalities Planning Code,[10] whether initially or cumulatively, of a tract under single or separate ownership, for the purpose of erecting residential dwelling units.

RETENTION BASIN

A man-made of natural water-collector facility designed to collect surface and subsurface water in a permanent pool for water quality treatment. A retention basin may provide temporary control of stormwater runoff above the permanent pool elevation to store and release stormwater gradually or at a rate not greater than that prior to development of the property into natural or man-made outlets.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street crosswalk, railroad, road, 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.

(1)

EXISTING RIGHT-OF-WAYThe right-of-way established by the state or other appropriate governing authority and currently in existence.

(2)

FUTURE RIGHT-OF-WAY (ULTIMATE)The right-of-way deemed necessary by the Upper Allen Township Comprehensive Plan.

RIGHT-OF-WAY, STREET

A public or private thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, land or however designated.

SANITARY FACILITY, LANDFILL OR INCINERATOR

Land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place or where hazardous waste is treated, stored or disposed. The term includes land thereby used or affected during the lifetime of operations, including areas where solid waste management actually occurs, support facilities, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities, contiguous borrow areas and other activities in which the natural land surface has been disturbed or used as a result of or incidental to operation of the facility. A waste facility must meet the requirements of Title 25 of the Commonwealth of Pennsylvania Code, Articles VII to Article IX, and any state or federal act or laws, as applicable and amended, such as the Solid Waste Management Act, the Clean Streams Law, and all applicable federal regulation, such as the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing plant may include landfills, incinerators, impoundment, transfer facilities, composting facilities or resource recovery facilities, as defined in the Pennsylvania Code.

[Added 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

SCREEN PLANTING

A vegetative material of sufficient height and density to conceal from the view of adjoining property owners the structures and uses on the premises on which the screen planting is located.

SCREENING

The provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties, uses and/or districts, composed entirely of trees, berm, shrubs, hedges, sight-tight fences and/or other similar-type materials.

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."

SETBACK (BUILDING SETBACK LINE)

The line within a property defining the required minimum distance between any enclosed structure and the adjacent dedicated right-of-way and the line defining the rear and side yards, where required.

SEWAGE DISPOSAL SYSTEM (ON-SITE)

Any system designed to eliminate sanitary sewage within the boundaries of the lot.

SEWAGE DISPOSAL SYSTEM (PUBLIC OR COMMUNITY)

A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to the central treatment and disposal plant.

SEWAGE ENFORCEMENT OFFICER (SEO)

The Sewage Enforcement Officer of the Township.

SEWER

A public or private utility system designed to collect, centrally treat and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever is more stringent. See also "community sewage system" and "individual on-lot sewage system."

SHADE TREE

A tree in a public place, street, special easement, private property or right-of-way adjoining a street that provides shade.

SHARED DRIVEWAY

A path or road, extending from a public or private road to two lots, buildings, dwellings or structures, intended to provide shared or joint ingress and egress primarily for the occupants thereof.

SIDEWALK

See "walkway."

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.

SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SINGLE-LOADED STREETS

Streets having houses only on one side. [Comment: When lots are trimmed down in width developers can easily reserve certain street lengths for single loading, such as alongside conservation areas or around village greens or commons, without increasing their average house-lot-to-street-length ratios. Single loading provides home buyers with views that are more uplifting than their neighbors' garage doors staring back at them. It also provides all subdivision residents with welcome views of their conservation land as they drive, bike, jog, or walk through their neighborhood on a daily basis, increasing everyone's quality of life as well as their property values. Arendt, Randall G. Conservation Design for Subdivisions - A Practical Guide to Creating Open Space Networks, Washington, D.C., Island Press, 1996.]

SITE

A parcel of land located in the Township, established by a plat or otherwise as permitted by law, which is the subject of an application for development. A site may include more than one lot.

SITE PLAN

An accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development.

SKETCH PLAN

See "plan, sketch."

SLOPE

The face of an embankment or cut section; any ground whose surface makes an angle with the plan of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet over 100 feet of horizontal distance.

SOIL CEMENT

A mixture of Portland cement and locally available soil. It serves as a soil stabilizer.

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.

STEEP SLOPE

Land with a fifteen-foot or greater change in elevation within 100 feet or less in horizontal distance or, in other terms, 15% or greater on the average. The following formula is the acceptable method of determining average slope:

S = (0.0023 I x L) - A
Where:
S	=	Average percent slope of site
I	=	Contour interval in feet
L	=	Sum of the length of contours in feet
A	=	Land area in areas of parcel being considered

STORMWATER DETENTION

A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

STREET

Street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets are classified in accordance with the Upper Allen Township Comprehensive Plan and are defined as follows:

(1)

INTERSTATE HIGHWAYLimited access highway designed for traffic between major regional areas or larger urban communities of 50,000 or more; these highways extend beyond state boundaries, with access limited to interchanges located by the U.S. Department of Transportation.

(2)

FREEWAYLimited access road designed for large volumes of traffic between communities of 50,000 or more to major regional traffic generators (such as central business districts, suburban shopping centers and industrial areas); freeways should be tied directly to arterial roads, with accessibility limited to specific interchanges to avoid the impediment of through traffic.

(3)

PRINCIPAL ARTERIAL HIGHWAYA principal arterial provides land access while retaining a high degree of through-traffic mobility and serves major centers of urban activity and traffic generation. They provide a high-speed, high-volume network for travel between major destinations in both rural and urban areas.

(4)

MINOR ARTERIAL HIGHWAYA minor arterial gives greater emphasis to land access with a lower level of through-traffic mobility than a principal arterial and serves larger schools, industries, hospitals and small commercial areas not incidentally served by principal arterials.

(5)

COLLECTOR HIGHWAYA collector road serves dual functions: collecting traffic between local roads and arterial streets and providing access to abutting properties. It serves minor traffic generators, such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal and minor arterials.

(6)

LOCAL ROADSThose that are local in character and serve farms, residences, businesses, neighborhoods and abutting properties.

(7)

LOOP STREETA local street of limited length which is intended to serve as direct or indirect access to residential lots, which begins and terminates in the same street or highway, but not necessarily at the same location.

STREET GRADE

The officially established grade of the street upon which a lot front 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 some midpoint shall be taken as the street grade.

STREET WIDTH

The distance between street lines measured at right angles to the center line of the street.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURE, ACCESSORY

A structure subordinate to and detached from the main building on the same lot, the use of which is customarily incidental to that of the principal structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code.[11]

STRUCTURE, NONCONFORMING

A structure or part of a structure that does not comply with the applicable provisions in this chapter or amendment theretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

SUBDIVIDER

The owner or authorized agent of the owner of the lot, tract or parcel of land to be subdivided for sale or development under the terms of this chapter. See also "applicant" or "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 petition of the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, 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 exempt.

SUBGRADE

The natural ground lying beneath the road.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: 1) before the improvement or repair is started, or 2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of the Zoning Ordinance of Upper Allen Township,[12] substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

TOWNSHIP

The Township of Upper Allen, Cumberland County, Pennsylvania, Board of Commissioners (Township Commissioners), its agents or authorized representatives.

TRACT

In certain districts and uses, the tract is the minimum amount of land required prior to subdivision into allowed lots.

TRAILER

See "mobile home."

UNDEVELOPED LAND

A lot, tract, or parcel of land which has not been graded or in any other manner prepared for the construction of a building.

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

(1)

USE, ACCESSORYA use customarily incidental and subordinate to the principal use, building or structure, and located on the same lot with this principal use, building or structure.

(2)

USE, PRINCIPALThe main or primary use of property, buildings or structures.

VEGETATIVE COVERAGE

An area covered with a vegetative material: grass, shrubs, vines and trees.

VIEWSHED

That portion of the landscape which can be readily viewed by the observer from one or more vantage points. The extent of area that can be viewed is commonly delineated by landform, vegetation and/or distance.

WALKWAY

An area designed for pedestrians constructed to the standards set forth in this chapter.

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 subsurface resources within the municipality.

WATERCOURSE

A stream of water, river, brook, creek or channel or ditch for water, whether natural or man-made.

WATERSHED

The entire region or area drained by a river or other body of water, whether natural or artificial.

WETLANDS

Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for live in saturated soil conditions, including swamps, marshes, bogs and similar areas.

YARD

A space open to the sky and unoccupied by any building, structure or merchandise for display, sale or storage, located on the same lot with a building or structure.

(1)

YARD, BUFFERA space open to the sky and unoccupied by any building, structure or merchandise for display, sale or storage, located on the same lot with a building or structure, but in addition to and outside of the required front yard, rear yard and side yards.

(2)

YARD, EXTERIORAn open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line.

(3)

YARD, FRONTAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the required building setback line. The depth of the front yard shall be measured from the street line into the required building setback line. On a corner lot there shall be a front yard along the street line.

(4)

YARD, INTERIORAn open, unoccupied space between the buildings of a dwelling and its accessory buildings; not a front, side or rear yard.

(5)

YARD, REARAn open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the required building setback line. The depth of the rear yard shall be measured between the rear line of the lot and the required building setback line. A building shall not extend into the required rear yard. On a corner lot, the rear yard should be the yard area opposite the street of address.

(6)

YARD, SIDEAn open, unoccupied space on the same lot with the building between the side line of the lot and required building setback line. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards. On a corner lot, there should only be one side yard.

YIELD PLAN

One of two methods of determining the maximum number of permitted dwelling units in a conservation subdivision where the yield plan is a conceptual layout plan in accordance with the standards of this chapter, containing proposed lots, streets, rights-of-way, and other pertinent features. Although the yield plan is drawn to scale, it need not be based on a field survey. The yield plan is based on a chosen density factor of a given conservation subdivision option and is applied to the gross tract acreage. The actual methodology is outlined in the Upper Allen Township Zoning Ordinance, as amended.[13] The other method is the adjusted tract area approach.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See Ch. 245, Zoning.

[3]

Editor's Note: See Ch. 245, Zoning.

[4]

Editor's Note: See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

[5]

Editor's Note: See 53 P.S. § 10101 et seq.

[6]

Editor's Note: The Construction and Material Specifications are on file in the Township offices.

[7]

Editor's Note: The former definition of "improvements, public," which immediately followed this definition, was repealed 3-15-2023 by Ord. No. 823; 3-15-2023 by Ord. No. 824]

[8]

Editor's Note: See 53 P.S. § 10401 et seq.

[9]

Editor's Note: See Ch. 245, Zoning.

[10]

Editor's Note: See 53 P.S. § 10101 et seq.

[11]

Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

[12]

Editor's Note: See Ch. 245, Zoning.

[13]

Editor's Note: See Ch. 245, Zoning.