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.
ACT
The latest version of the Pennsylvania Municipalities Planning
Code (MPC), 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. 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.
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.
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, 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.
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, 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, 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. 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.
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.
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.
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).
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, 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.
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 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.
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.
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.
(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.
(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.
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.
(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 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 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.).
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.
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-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.
ON-SITE
Located on the lot in question.
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.
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 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.
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.
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.
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.
RESIDENTIAL DEVELOPMENT
A subdivision or land development, as those terms are defined
in the Pennsylvania Municipalities Planning Code, 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.
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.
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.
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.
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.
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, 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.
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.
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. The other method is the adjusted tract area approach.