Unless otherwise stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
ACCESS DRIVEA private drive providing pedestrian and vehicular access between a public or private street and a parking lot within a land development.
ACCESSORY DWELLINGA detached accessory building containing one dwelling unit, located on a lot which the permitted principal use is an owner-occupied single-family detached dwelling. Accessory dwellings shall be processed in accordance with the accessory dwelling guidelines as provided in the Appendix and the modification provisions of §
295-309.
The Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S.§ 750.1 et seq.
AGENTAny person, other than a landowner or developer, who, acting for the landowner or developer, submits to the Planning Commission and Township Supervisors subdivision or land development plans for the purpose of obtaining approval thereof.
AGRICULTURAL PURPOSESThe use of land for the cultivation of soil, farming, dairying, pasturage, agriculture, horticulture, floriculture, forestry, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce and equipment for housing and feeding the animals and housing the equipment; also, land which has been diverted from agricultural use by an active federal farm program, provided the land has a conservation cover of grass, legume, trees, or wildlife shrubs. The use of land for a dwelling site is not an agricultural purpose.
AISLEA private drive within a parking compound providing pedestrian and vehicular access between an access drive and a parking space which is located within the parking compound.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a land development plan.
AUTHORITY (SEWER)The Manheim and/or the Mount Joy Sewer Authority and their successors, or a municipality or other public utility.
AUTHORITY (WATER)The Manheim and/or Mount Joy Water Authority and their successors, or a municipality or other public utility.
BLOCKAn area bounded by streets.
BUILDINGA structure used or intended for supporting or sheltering any use or occupancy.
BUILDING ADDITIONAn increase in floor area or attached expansion of an existing building or structure.
BUILDING AREAThe area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.
BUILDING ENVELOPEThe building envelope is that area of the lot that is not restricted by zoning or other setback requirements, buffers, yards, floodplain restrictions or similar municipal restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which cross yards), buffer yards or floodplains.
BUILDING SETBACK LINEA line within a lot, designated as the minimum required distance between any structure and/or use and any adjoining lot line.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, structure, or otherwise principal use of the lot, and which is located on the same lot as that occupied by the principal building, structure, or otherwise principal use of the lot.
BUILDING, PRINCIPALThe main or primary building, the use of which is primary and essential to that of any accessory building, structure, or other accessory use of the lot, and which may be located on the same lot as any accessory building, structure, or other accessory use of the lot.
CARTWAYThe portion of a street or alley intended for vehicular use.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at the intersection of two or more streets, access drives, driveways, or alleys or any combination of the foregoing. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets, access drives, driveways, or alleys.
COEUnited States Army Corps of Engineers.
COMMON DRIVEWAYA private driveway utilized by two or more separate lots or dwellings for access to a public or private street.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNITY SEWAGE SYSTEMA sewage disposal system, other than a public sewer system, which provides sewage disposal for two or more units of occupancy.
COMMUNITY WATER SUPPLY SYSTEMA water supply system, other than a public water system, providing water for more than two units of occupancy which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.
COMPENSATORY MITIGATIONThe required restoration, enhancement, or creation of wetlands to offset unavoidable wetland impacts from construction.
COMPREHENSIVE PLANThe most recent version of the official public document prepared in accordance with the MPC, consisting of maps, charts and textual material that constitutes decisions about the physical and social development of Rapho Township, as amended from time to time.
CORNER LOTA lot, other than an interior lot, situated at the intersection of two or more streets, having lot frontage on two or more adjacent sides.
CULVERTA structure with appurtenances which carries a watercourse under or through an embankment or fill.
CURBThe raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
DEDICATIONThe deliberate appropriation of land by its owner for general public use.
DEEDA legal document conveying ownership in real property.
DESIGN SPEEDThe design speed for streets designed in accordance with this chapter shall equal the proposed posted speed plus five miles per hour.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development; a subdivider.
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density or development, streets, ways and parking facilities, common open space, and public facilities. The phrase "provisions of the development plan" shall mean written and graphic materials referred to in this definition.
DRAINAGE EASEMENTA right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DRAINAGE FACILITYAny ditch, gutter, pipe, culvert, storm sewer, or other structure designed, intended or constructed for the purpose of carrying surface waters off of streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.
DRIVEWAYA private drive, other than an access drive, designed and constructed to provide for vehicular movement between a street or access drive and a lot containing not more than one dwelling unit or an agricultural operation.
DRIVEWAY, SHAREDA driveway, designed and constructed to provide for vehicular movement between a street and parking spaces for not more than the number dwelling units permitted in Chapter
350, Zoning.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING, MULTIPLE-FAMILYA building containing three or more dwelling units, wherein each dwelling unit shall contain private bath and kitchen facilities.
EASEMENTA limited right of use granted in private land for a public or quasi-public purpose.
EASEMENT OF ACCESSAny driveway or other entrance from a public or private road. A field road providing access to agriculturally used fields and not providing access to any residential, commercial or industrial structure is not considered an easement of access.
ENGINEERA professional engineer licensed in the Commonwealth of Pennsylvania.
EPHEMERAL STREAMA water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack and which is always above the local water table.
FINANCIAL SECURITYA letter of credit or other form of guarantee in accordance with the requirements of Article
V of the Municipalities Planning Code posted by a developer to secure the completion of improvements indicated on an approved plan.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOOR AREAThe floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts. Refer to Chapter
350, Zoning, for additional definitions related to floor area.
A. 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.
GRADEThe slope expressed in a percent that indicates the rate of change of elevation in feet per linear hundred linear feet.
GUTTERThat portion of a right-of-way carrying surface drainage.
HARDSHIPA condition, not economic in nature and not caused by the applicant or developer, for which a modification may be requested.
HOMEOWNERS' ASSOCIATIONAn unincorporated association or not-for-profit corporation whose membership consists of the lot owners of a residential development. A homeowners' association shall also include a condominium unit owners' association. All such associations shall comply with the requirements for unit owners' associations contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
IMPROVEMENTSPavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, stormwater management facilities, grading, street signs, plantings, and other items for the welfare of the property owners and the public.
INDIVIDUAL SEWAGE SYSTEMA system other than a public sewer system of piping, tanks, or other facilities serving a single lot or establishment, and collecting and disposing of sewage in whole or in part into the soil or into any waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, approved and permitted by PA DEP.
LAND DEVELOPMENTThe improvement of one lot or two or more contiguous lots, tracts or parcels of land for any 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
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; or
Land Development shall not include the following:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium; or
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park.
(a) For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
A building addition to an existing nonresidential principal structure, provided that:
(a) The addition does not create a need for any additional parking, per Chapter
350, Zoning; and
The addition does not, in accordance with the Pennsylvania Sewage Facilities Act, Act 537 of 1966, as amended, create the need for a sewer facility's plan revision (plan revision module for land development), or supplement; and
The addition is not for the creation of additional units of occupancy; and
The addition does not require approval from the Zoning Hearing Board; and
The addition complies with all provisions of applicable Township ordinances.
For the purpose of this subsection, the building addition exemption shall be limited cumulatively from the date of this chapter. The net addition shall be the sum of all additions after the date of the adoption of this chapter.
LAND DISTURBANCEAny activity involving grading, tilling, digging, or filling of ground; stripping of vegetation; or any other activity which causes land to be exposed to the danger of erosion.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
LANDSCAPE ARCHITECTA professional landscape architect licensed as such in the Commonwealth of Pennsylvania.
LATERALConduits connecting individual buildings to utility services that are generally located within the street.
LINEAMENTA fracture on the order of tens of kilometers long usually extending to the basement below sedimentary rock.
LOCATION MAPA map showing the site with relation to adjoining areas.
LOTA designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit. A "lot" shall include one or more contiguous pieces, parcels, tracts, or plots of land of record, all under the same ownership.
LOT AREAThe area contained within the property lines of the individual parcels of land, not including any area within a street right-of-way.
LOT FRONTAGEThat portion of a lot adjoining the street right-of-way and regarded as the front of the lot (i.e., corner lots have two lot frontages.)
LOT LINE, FRONTSee also "street right-of-way line" (i.e., interior lots have one front lot line; corner lots have two front lot lines.)
LOT WIDTHThe width of a lot measured at the street right-of-way line or the minimum building setback line. For a flag lot, the lot width shall be measured at the flag.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODIFICATIONThe granting of an exception to these regulations which in the opinion of the Township Supervisors will not be detrimental to the general welfare, impair the intent of those regulations, or conflict with the Comprehensive Plan.
MUNICIPALITIES PLANNING CODEThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted.
NATURAL WATERCOURSEAn existing watercourse or channel which is not man-made and contains a definite bed and banks which confine and conduct continuously or periodically flowing water.
NONRESIDENTIALAny use other than single or multifamily dwellings. An institutional use in which persons may reside, such as a dormitory, prison, nursing home, or hospital, shall be considered a nonresidential use.
NWINational Wetland Inventory.
ON-SITE STORMWATER MANAGEMENTThe control of runoff to allow water falling on a given site to be absorbed or retained on site to the extent that after development the peak rate of discharge leaving the site is not significantly greater than if the site had remained undeveloped.
OWNERThe owner of record of a parcel of land.
PARKING LOTAn area of a lot, other than a driveway or access drive, designed for and containing required parking spaces for the parking of three or more vehicles.
PARKING LOT, ACCESSORYAn area of a lot, other than a driveway or access drive, designed for and containing required parking spaces.
PARKING SPACEAn improved and stabilized area designed for the transient storage of one automobile or other similar motorized or nonmotorized vehicle.
PLANThe map or plan of a subdivision or land development, as follows:
A. FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans.
IMPROVEMENT CONSTRUCTION PLANA complete and exact subdivision and/or land development plan, prepared in accordance with Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans, the sole purpose of which is to permit the construction of only those improvements required by this chapter, as an alternative to guaranteeing the completion of those improvements by a corporate bond or other surety.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans.
MINOR SUBDIVISIONA complete and exact subdivision plan including all supplementary data specified in Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans, showing approximate locations.
RECORD PLANA final plan which contains the original endorsement of the local municipality and the Planning Commission which is intended to be recorded with the Lancaster County Recorder of Deeds.
REVISED FINAL PLANAny subdivision or proposed land development plan that changes or proposes to change property lines and/or public rights-of-way not in strict accordance with the approved plan.
SEPARATION SUBDIVISIONA complete and exact subdivision plan, including all supplementary data specified in Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with Article
IV, Information to Be Shown on or Submitted with Subdivision and Land Development Plans.
PLANNING MODULE FOR LAND DEVELOPMENTA revision to the Township's Official 537 Plan submitted in connection with the request for approval of a subdivision or land development in accordance with DEP regulations.
PROJECT SITEAn area of land subject to land disturbance or development and within the jurisdiction of this chapter.
PUBLIC SEWER SYSTEMA municipal sanitary sewer system approved and permitted by DEP and owned by a Sewer Authority or Township.
PUBLIC WATER SYSTEMA municipal water supply facility approved and permitted by DEP and owned by a Water Authority or Township or a water supply facility owned by a public utility and operated in accordance with a certificate of public convenience granted by the Pennsylvania Public Utility Commission.
QUADRANTA circular or square plot of a given area used to determine the dominant plant species within a site.
RECORD DRAWINGSSet of prints of the original facilities showing those changes made during the construction process.
REGULATED ACTIVITYAn action or proposed action that has an impact upon stormwater runoff and which is regulated by Chapter
286, Stormwater Management, of the Code of the Township of Rapho.
A location designated as the future location of an individual on-lot sewage system that shall be installed should the initial individual on-lot system installed or to be installed fail or otherwise become inoperable and which shall meet all the regulations of DEP and all applicable Township ordinances for an individual on-lot sewage system.
RETENTION PONDA pond containing a permanent pool of water and designed to store runoff for a given storm event and release it at a predetermined rate.
REVERSE FRONTAGE LOTA lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter.
RIGHT-OF-WAYLand set aside for use as a public or private street, alley, pedestrian walkway or other means of travel.
SEDIMENT BASINA temporary dam or barrier constructed across a waterway or at other suitable locations to intercept the runoff and to trap and retain the sediment.
SETBACKThe required horizontal distance between a structure and/or use and an adjoining lot line and/or street right-of-way line.
SIGHT DISTANCEThe length of road visible to the driver of a passenger vehicle at any given point in the road when viewing is unobstructed by traffic.
STORM SEWERA system of pipes, conduits, swales, or other similar structures including appurtenances which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial wastes.
STORMWATERDrainage runoff from the surface of the land resulting from precipitation or snow melt or ice melt.
STORMWATER MANAGEMENTA program of controls and measures designed to regulate the quantity and quality of stormwater runoff from a development while promoting the protection and conservation of groundwater and groundwater recharge.
STREETA strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel. Street includes 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. Unless the existing streets within the Township are officially classified, the following general classifications will prevail:
A. ALLEYA local street which is used primarily for vehicle access to the back or the side of properties otherwise abutting a street, or for placement of utilities.
ARTERIAL STREET; HIGHWAYA street or road that is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by the Department of Transportation.
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
LOCAL STREETA street which is used primarily for access to the abutting properties.
PRIVATE STREETA street which is constructed in accordance with the applicable provisions of this chapter which is not owned by a public entity. Rapho Township shall not be responsible for any type of maintenance or snow removal on any private street.
STREET LINEA line defining the edge of a street right-of-way and separating the street from abutting property or lots. Also, known as the "street right-of-way line."
STREET RIGHT-OF-WAY LINEA line defining the edge of a street right-of-way and separating the street from an adjoining lot. See also "lot line, front."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SURVEYORA professional land surveyor licensed in the Commonwealth of Pennsylvania.
TOWNSHIPRapho Township, Lancaster County, Pennsylvania, as represented by the Board of Supervisors, or its duly authorized agents.
TRACT, PARENTAll contiguous land owned by the same landowner on January 25, 1994, which is or was contiguous except for the presence of public or private roads and/or the presence of lots or parcels adversed from the original parent tract since January 25, 1994.
TRACT, SUBJECTAny portion or portions of the parent tract, area, lot, parcel, project, property, site, or any piece of land that is the subject of an application under the jurisdiction of this chapter.
TRANSECTA line along which quadrants are placed at intervals.
TRAVEL TRAILERA portable structure, primarily designed to provide temporary living quarters for recreation, camping, or travel purposes. In addition to the above, any one of the following attributes are characteristic of a travel trailer:
A. The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self propelled, or when hauled by a standard motor vehicle on a highway;
The unit is mounted or designed to be mounted on wheels;
The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;
The unit contains, or was designed to contain, temporary storage of water and sewer;
The unit contains some identification by the manufacturer as a travel trailer.
UNDEVELOPED LANDLand in parcels which is of sufficient size that could allow for the future subdivision and/or development in accordance with the terms of the zoning and subdivision ordinance.
UNIT OF OCCUPANCYAn allocation of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall include both fee simple ownership and leaseholds.
URBAN GROWTH AREAFor purposes of this chapter, the "urban growth area" is as set forth in the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
VILLAGE GROWTH AREAFor purposes of this chapter, the "village growth area" is as set forth in the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
WASTEWATER TREATMENT FACILITYA system of piping and appurtenances, whether municipally or privately owned, designed for the collection and transmission of liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions to a central wastewater treatment plant for treatment and discharge (not including septic tanks or sub-surface disposal systems).
WATER SUPPLY FACILITYA system of piping and appurtenances, whether municipally or privately owned, designed for the transmission and distribution of potable water from a centralized water supply or source to residences, commercial building, industrial plants, or institutions (not including individual on-lot wells).
WETLANDSThose areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil condition and as per the current federal and state manual(s) for identifying and delineating jurisdictional wetlands. Wetlands include, but are not limited to, swamps, bogs, marshes, and wet meadows.
WOODED AREAAny area or stands of trees, the majority of which are greater than six inches in caliper at grade and covering an area greater than 1/4 acre, or any stand or grove of mature trees without regard to minimum area.
ZONING ORDINANCEChapter
350, Zoning, of the Code of the Township of Rapho, as enacted by the Board of Supervisors and as may be amended from time to time.