Words and terms used in this chapter shall have the meanings
given in this section. Unless expressly stated otherwise, any pertinent
word or term not part of this listing but vital to the interpretation
of this chapter, shall be construed to have their legal definition,
or in absence of a legal definition, their meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
ABANDONMENT
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
ABUT(TING)
To physically touch or border upon; or to share a common
property line.
ACCESS DRIVE
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
ACCESSORY BUILDING
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure, including
but not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets, and
storage sheds, shelters, or similar structures.
ACCESSORY STRUCTURE
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
ADDITION
An extension or increase in the footprint, floor area, height
or other dimension of a building or structure.
ADJACENT TRACT, PARCEL, OR LOT
Property that is contiguous with, or directly across a public
street or other right-of-way from, the boundaries of any side of the
subject property.
AGRICULTURAL COMMODITY
Includes any of the following transported or intended to
be transported in commerce:
A.
Agricultural, aquacultural, horticultural, floricultural, viticultural
or dairy products;
B.
Livestock and the products of livestock;
C.
Ranch-raised fur-bearing animals and the products of ranch-raised
fur-bearing animals;
D.
The products of poultry or bee raising;
E.
Forestry and forestry products; and
F.
Any products raised or produced on farms intended for human
consumption and the processed or manufactured products of such products
intended for human consumption.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY (or SERVICE DRIVE)
A minor right-of-way, publicly or privately owned, primarily
for service access to the side, rear, or both, of property with frontage
on a street and not intended for general traffic circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
AMENDMENT
A change in use in a district that includes revisions to
this chapter text or the official Zoning Map. The authority for any
amendment lies solely with the Township Board of Supervisors.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
APPEAL
Refers to a timely submitted and complete application on
an application form prescribed by the Zoning Hearing Board for appeal
of an order, requirement, decision or determination made by the Zoning
Officer or rule or regulation adopted pursuant thereto.
APPLICANT
A landowner, developer or other person who has filed an application
for development, building permit, zoning permit, approval to engage
in any regulated earth disturbance activity, etc., at a property or
project site within West Hanover Township.
AREA
The amount of flat space or ground measured in square units.
ATTACHED STRUCTURE
That which is physically connected to by materials or part
of a structure, including breezeways, coverings, overhangs or canopies.
ATTIC
That part of a building which is immediately below and wholly
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by an average ceiling height of five
feet or more, and a permanent stationary interior access stairway
to a lower building story.
BASEMENT
That portion of a building that is partially or wholly below
ground level. This portion serves as a substructure or foundation
for a building. 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.
(See Figure 6-1.)
Figure 6-1
Basement and Story
|
---|
|
BERM
A landscaped mound of earth or the act of pushing earth into
a mound to shield, screen and buffer two separate, incompatible land
uses. Berms may be used to provide visual interest, decrease noise
and control the direction of water flow.
BUFFER
An area within a property or site generally adjacent to and
parallel to the property line, either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms,
designed to limit continuously the view, sound and/or light from the
site to adjacent sites or properties.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property, including covered porches or bay windows and chimneys.
BUILDING AREA
The total of areas taken on a horizontal plane at the average
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, patios, decks, awnings, terraces,
and steps.
BUILDING COVERAGE
Total horizontal area per floor level measured from the center
line of joint partitions and/or from outside wall faces. (See Figure
6-2.)
Figure 6-2
Building Coverage
|
---|
|
BUILDING ENVELOPE
The area within a lot where buildings and other improvements
shall be located as determined by the applicable yard setbacks. (See
Figure 6-3.)
Figure 6-3
Building Envelope
|
---|
|
BUILDING FACE
The general outer surface of any exterior wall of a building
or other structure.
BUILDING FRONTAGE
The maximum linear width of a building measured in a single
straight line parallel, or essentially parallel, to the abutting public
street or parking lot.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs. Chimneys, towers, spires, elevator penthouses,
tanks and similar appurtenant structures or equipment may project
above the maximum building height. Architectural screening of rooftop
projections may also be exempted from height restrictions, provided
that such structures are set back from the exterior wall of the building
by a distance equal to or greater than their height. (See Figure 6-4.)
Figure 6-4
Building Height
|
---|
|
BUILDING MODIFICATION
Any modification that modifies any structural element of
a building, adds, or removes additional interior walls, or modifies
any of the existing high-voltage electrical, HVAC, fire protection,
sanitary sewer, potable water, or industrial water services.
BUILDING SEPARATION
The horizontal distance from one building to another on the
same or adjacent building sites or lots, excluding architectural appendages.
BUILDING SETBACK LINE
The line within a property defining the required minimum
distance between any principal or accessory structure and the adjacent
right-of-way (street line), and the line defining side and rear yards,
where required. (See Figure 6-3.)
BUILDING STRUCTURE
The contiguous exterior walls of a structure, regardless
of interior configuration, number of dwelling units or businesses.
BUSINESS DAY
A day that is not a recognized municipal or federal holiday
and is not a Saturday or Sunday.
CALIPER, TREE
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.
(See Figure 6-5.)
CARTWAY
The surface of a street, access drive, driveway or alley
available for vehicular traffic, including travel lanes and parking
lanes, but not including curbs, sidewalks, or swales.
CERTIFICATE OF OCCUPANCY
A certificate issued and enforced by the Zoning Officer after
completion of the construction of a new building or after a change
or conversion of the structure or use of a building, and prior to
the use of said structure or building, which certifies that all requirements
and regulations as provided herein, as well as all other applicable
requirements, have been satisfied.
CHICKENS
Female poultry or foul of the species gallus domesticus.
CLEAR SIGHT DISTANCE
An area of unobstructed vision measured at the center line of the cartway to an object 1 1/2 feet above the pavement, from a height of 3 1/2 feet and 10 feet from the edge of paving at the intersection. Sight distances shall be designed pursuant to Chapter
173, Subdivision and Land Development, of the Code of the Township of West Hanover.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines. (See Figure 6-6.)
Figure 6-6
Clear Sight Triangle
Source: Chester County Multi-Modal Handbook (2016)
|
---|
|
COLLOCATED WIRELESS COMMUNICATIONS FACILITY (COLLOCATED WCF)
Wireless communications facilities that are attached to existing
structures, such as, but not limited to, buildings, water towers,
electrical transmission towers, utility poles, light poles, traffic
signal poles, flagpoles, and other similar structures that do not
require the installation of a new or replacement wireless support
structure.
COLLOCATION
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
COMPREHENSIVE PLAN
The most recently adopted version of the Official Comprehensive
Plan, West Hanover Township, Dauphin County, Pennsylvania, including
any amendments.
CONDITIONAL USE
A use conditionally permitted in a particular zoning district
under this chapter that may be undertaken only following the approval
by the Board of Supervisors and the subsequent issuance of a zoning
permit by the Zoning Officer pursuant to standards and criteria established
in this chapter.
CONDOMINIUM
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the portions of the real estate
designated for common ownership are vested in the unit owners.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
CONSTRUCTION
The erection or installation of a new building, structure,
or object, as well as modifications or improvements to existing buildings,
structures, or objects.
CONTIGUOUS TRACT/PARCEL, OR LOT
All portions of one operational unit as described in the
deed or deeds, whether or not the portions are divided by streams,
public roads or bridges and whether or not the portions are described
as multiple tax parcels, tracts, subparts or other property identifiers.
The term includes supportive lands, such as unpaved field access roads,
drainage areas, border strips, hedgerows, submerged lands, marshes,
ponds and streams.
COOP
A structure, either portable or permanent, to shelter poultry.
COURTS
An open, unoccupied space, bounded on two or more sides by
the walls of a building. An inner court is a court entirely enclosed
within the exterior walls of a building. All other courts are outer
courts.
DECISION
A final adjudication of any board or other body granted jurisdiction
under this chapter to do so, either by reason of the grant of exclusive
jurisdiction or by reason of appeals from determinations. All decisions
shall be appealable to the Court of Common Pleas of Dauphin County
and applicable judicial district wherein the Township lies.
DEMOLITION or DEMOLISH
The removal or destruction of all or part of a building or
structure. Demolition includes, but is not limited to:
A.
Permanent removal of any portion of any structural element such
as a roof or exterior wall, or any significant building elements such
as cornices, doors, windows, doorways, porches, or chimneys.
B.
Permanently covering or obscuring any portion of any roof or
exterior wall, or any significant exterior building elements.
C.
Removing all or part of a building or structure that has been
damaged by a fire, flood, or other disaster.
DENSITY
The average number of persons, families, or dwellings per
unit of area (acre, square mile, etc.).
DENSITY, GROSS RESIDENTIAL
Density of the building site plus traversing streets, alleys,
and drives, open space and 1/2 of bounding streets.
DENSITY, NET RESIDENTIAL
The density of the building site minus traversing streets,
alleys, and drives, open space and 1/2 of bounding streets.
DEP (PA DEP)
Pennsylvania Department of Environmental Protection.
DETERMINATION
A.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
(2)
The Zoning Hearing Board; or
(3)
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the Subdivision and Land Development Ordinance or planned
residential development provisions.
B.
Determinations shall be appealable only to the boards designated
as having jurisdiction for such appeal.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating, or drilling operations.
DISABILITY
A physical or mental impairment that substantially limits
one or more major life activities, a person who has a history or record
of such an impairment, or a person who is perceived by others as having
such an impairment.
DOMESTIC ANIMAL
An animal maintained in captivity. The term also includes
the germ plasm, embryos and fertile ova of such animals.
DRIVEWAY
Private roads that provide access (both ingress and egress)
between a public way and abutting property(ies) and any facilities
on such property(ies). Driveways shall be designed pursuant to the
applicable design standards specified in the Township Subdivision
and Land Development Ordinance.
EARTHMOVING ACTIVITY
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth, excluding
the tilling of the soil.
EASEMENT
A right to cross or otherwise use someone else's land
for a specified purpose, such as ingress or egress or utility installation
and maintenance.
EAVE LINE
Lower edges of a roof that overhang a building's exterior
walls.
ELECTRIC VEHICLE
Any vehicle that operates in any way on electrical energy,
which includes but is not limited to the following:
A.
A battery electric vehicle.
B.
A plug-in hybrid electric vehicle.
C.
A neighborhood electric vehicle.
D.
A medium-speed electric vehicle.
ENCROACHMENT
The use, placement, or extension of private uses into, upon,
over, or under public space or a publicly owned property.
ENVIRONMENTALLY SENSITIVE AREAS
An area on a development site with one or more of the following
characteristics:
A.
Any area of archeological significance as defined by the Pennsylvania
Archaeological Site Survey;
B.
Any building, structure, object, district, place, site or area
significant in the history, architecture, maritime heritage, archaeology
or culture of the Commonwealth of Pennsylvania as defined by the Pennsylvania
Historical and Museum Commission;
C.
Habitats of endangered species or threatened species as designated
by applicable laws, including environmental laws;
D.
Any floodplain or other special flood hazard area as defined
by FEMA;
E.
Soils determined by the United States Department of Agriculture
and defined as being highly erodible and/or having a high water table;
and
F.
Wetlands and surface waters as defined by Title 25 Chapter 93
of the PA Code including surface waters of exceptional ecological
significance and exceptional recreational significance.
EPA
United States Environmental Protection Agency.
EQUINE
Relating to or affecting horses or other members of the horse
family.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
EXOTIC WILDLIFE
Includes, but is not limited to, all bears, coyotes, lions,
tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed
of these animals which have similar characteristics in appearance
or features. The definition is applicable whether or not the birds
or animals were bred or reared in captivity or imported from another
state or nation.
FACADE
The face of a building, especially the principal front that
looks onto a street or open space.
FAMILY
An individual or two or more persons related by blood, foster
relationship, marriage, or adoption and up to one unrelated person;
or up to four unrelated individuals living and cooking together as
a single housekeeping unit with single cooking facilities and shared
utility services. Buildings with more than one set of cooking facilities
are presumed to contain multiple dwelling units unless it can be shown
the additional cooking facilities are clearly accessory, such as an
outdoor grill. "Shared utility services" means the dwelling unit is
served by one electric meter, one gas line, and/or one sewer line.
A roomer, boarder or lodger shall not be considered a member of the
family. This definition shall not be construed to include persons
occupying community residences, rooming houses, boardinghouses, bed-and-breakfast
establishments, hotels, motels, fraternities, sororities, short-term
rentals, or other similar lodgings.
FARM
Any parcel of land with 10 or more acres which is used for
a principal agricultural use, which may include one dwelling and other
necessary farm structures, and the storage of equipment customarily
incidental to the primary use.
FCC
Federal Communications Commission.
FENCE
A structure designed as a barrier to restrict the movement
of persons, animals, vehicles or any combination thereof or to provide
privacy.
FILL
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including but not limited
to levees, bulkheads, dikes, jetties, embankments, and causeways.
FINISHED GRADE
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
FLOOR AREA, GROSS (GFA)
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use.
FLOOR AREA, GROSS LEASABLE
The total floor area designed for occupancy by an owner or
tenant, as measured to the center of interior joint walls and the
exterior of outside walls.
FLOOR AREA, HABITABLE
The sum of the floor areas of a dwelling unit as measured
to the outside surfaces of exterior walls and including all rooms
used for habitation, such as living room, dining room, kitchen, bedroom,
bathroom, closets, hallways, cellars, stairways, but not including
attics, service rooms or areas, such as utility rooms, unheated areas,
such as enclosed porches or attached garages.
FOOTCANDLE
A measure of illumination produced by one candle, at a distance
of one foot, on a one square foot area.
FRONTAGE
The linear measurement taken along a property's common
boundary with an adjoining street right-of-way, other than that of
a limited access highway.
FRONTAGE BUILD-OUT
The percentage of the property width that is occupied by
the building facade within the front yard.
FRONTAGE, STREET
The side or sides of a lot abutting on a public street or
right-of-way.
GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles,
other vehicles accessory and incidental to the primary use of the
premises, or both; provided, however, that one vehicle used for commercial
purposes that has a gross vehicle and payload rating not greater than
six tons and that is not incidental to the primary use of the premises
may be stored therein.
GOVERNING BODY
The Board of Supervisors of West Hanover Township, Dauphin
County, Pennsylvania.
GRADE (ADJACENT GROUND ELEVATION)
The lowest point of elevation of the finished surface, paving
or sidewalk within the area between the building and the property
line. When the property line is more than five feet from the building,
the grade shall be the lowest point of elevation between the building
and a line five feet from the building.
GROSS LAND AREA
The total square footage or acreage of a parcel of land prior
to subdivision, development, or offer of or acceptance of dedication
of land area for access drainage and/or public utility easements and/or
rights-of-way.
HABITABLE FLOOR AREA
The aggregate of the horizontal area of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, or unheated areas, such as enclosed
porches, or rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet, and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
HANDICAP
With respect to a person:
A.
A physical or mental impairment which substantially limits one
or more of such person's major life activities;
B.
A record of having such an impairment, or
C.
Being regarded as having such an impairment, but such term does
not include current, illegal use of or addiction to a controlled substance
[as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802)].
HAZARDOUS MATERIAL
Substances or materials which, because of their chemical,
physical, or biological nature, pose a potential risk to life, health,
or property if they are released. A release may occur by use, spilling,
leaking, emitting toxic vapors, or any other process that enables
the material to escape its container, enter the environment, and create
a potential hazard. The separate and authoritative definitions are
in the U.S. OSHA, U.S. EPA, U.S. Nuclear Regulatory Commission (NRC),
and U.S. DOT regulations. These agencies and their state counterparts
provide the authoritative definitions of hazardous wastes, radioactive
materials, and related definitions.
HEARING
An administrative proceeding conducted by a board pursuant
to Section 909.1 of the Pennsylvania Municipalities Planning Code.
HEIGHT, STRUCTURE
A structure's vertical measurement taken from average
grade along the face of the structure which is nearest the property
line adjacent to a public or private street right-of-way to the highest
point of the structure.
HEIGHT, WIRELESS COMMUNICATIONS FACILITY
The distance measured from the preexisting grade level to
the highest point on the wireless communications facility, even if
said highest point is an antenna or lightning protection device.
HIVE
Any frame hive, box hive, box, barrel, log, gum, skep or
other receptacle or container, natural or artificial, or any part
thereof, which may be used or employed as a domicile for bees.
HOUSEHOLD LIVING
The use of one or more dwelling units located within the
principal structure of a lot by a household, in which the units may
or may not share a common wall with the adjacent unit or have individual
entrances from the outside. Nothing in this article shall be deemed
to limit the ability of lawful occupants of a dwelling unit to have
bona fide guests.
IMPERVIOUS (AREA) COVERAGE
The ratio of the total area on a lot which is in impervious
cover, divided by the total area of the lot, expressed as a percentage.
For the purpose of this definition, "impervious coverage" on a lot
encompasses all impervious cover plus the entire building area, including
roof overhangs, cornices, eaves, and gutter.
IMPERVIOUS COVER/SURFACE
A surface composed of any material that significantly impedes
or prevents natural infiltration of water into the soil. Includes,
but is not limited to, rooftops, parking lots, driveways, buildings,
streets, roads, decks, swimming pools and any concrete or asphalt.
Impervious cover does not include pervious surfaces as defined herein.
(See "pervious surface.")
JUNK
Items or objects that are old, discarded, or not currently
being used for the purpose or purposes for which they are designed
or normally used, including but not limited to used or salvaged metals
and their compounds or combination; used or salvaged rope; rubber;
rotting wood; scrap iron; tires and snowmobile treads; parts for motor
vehicles, boats, all-terrain vehicles, recreational vehicles, snowmobiles,
and/or trailers; inoperable or dismantled refrigerators, stoves, dishwashers,
dryers, washing machines, and furniture; and inoperable or dismantled
lawn mowers, weed trimmers, snowblowers, snowplows, tractors, and
any other machinery used for excavation, maintenance, or snow removal.
LAND DEVELOPMENT
Consists of any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
The exclusion of certain land development from this definition
of "land development" is permitted only when such land development
involves:
(1)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building not
to exceed 5,000 square feet of impervious coverage.
(3)
An addition to a nonresidential building not to exceed 2,500
square feet. Files shall be checked to be sure the plan is compatible
with the original land development plan.
LAND USE ORDINANCE
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning
Code.
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 they
are authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land shall be deemed
to be a landowner for the purposes of this chapter.
LIVESTOCK
Those classes of animals that are customarily kept and housed
outside the home or in enclosures, such as pens, barns, corrals or
paddock areas. Livestock includes, but is not limited to, horses,
cattle (beef and dairy), llamas, mules, swine, sheep, goats, poultry,
and fowl. Animals customarily considered to be domesticated, such
as dogs, cats and other small pets, are not considered livestock under
this chapter.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit. Lot types include the following and as illustrated
in Figure 6-7, Lot Types.
A.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than 135° and the radius of the street or private road line is less than 100 feet.
B.
FLAG LOTA lot, the width of which is less than 80% of the minimum lot width at any point between the front lot line and the building setback line, the width being determined by a line which is perpendicular to any side lot line. Flag lots are not permitted in West Hanover Township.
C.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street other than an alley.
D.
THROUGH LOTA lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage lots."
LOT AREA
The area contained within the property lines of individual
parcels of land, excluding any area within a street right-of-way,
but including the area of any easement.
LOT COVERAGE
Expressed as a percentage of the lot which is covered with
impervious surfaces, including buildings, driveways, parking area,
sidewalks or any other non-green cover, including semi-impervious
or porous pavement materials.
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the rear property line. On corner lots, reverse frontage
lots, and triangular or other irregularly shaped lots, the depth shall
be measured along the property line adjacent to the side yard which
extends from the street of address to the opposite property line.
Where a rear yard is formed by angled or offset property lines, the
lot depth shall be measured as the weighted average distance from
the street right-of-way line to the farthest rear property line.
LOT FRONTAGE
The lot dimension measured along the building setback line
parallel to and abutting a public street where public vehicular access
is allowed.
LOT LINE
A line of record which divides one lot from another lot,
or from a public or private road or any other public space. Where
a lot abuts a public right-of-way, the lot line for regulatory purposes
shall be the right-of-way line. Also known as "road or street line."
(See Figure 6-2.)
LOT OF RECORD
A lot identified on a subdivision plan or on a deed or other
instrument of conveyance recorded in the Office of the Recorder of
Deeds in and for Dauphin County, Pennsylvania.
LOT, DOUBLE FRONTAGE (THROUGH LOT)
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
(See Figure 6-7.)
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
MAINTENANCE AND REPAIR
Work that does not alter the appearance or harm the stability
of exterior features of a building.
MAJOR COMMERCIAL VEHICLE
Those vehicles not normally and customarily associated with
or adaptable to passenger use, such as tractor-trailer trucks or bulldozers.
MAJOR RECREATIONAL EQUIPMENT
Includes boats and boat trailers, travel trailers, pickup
campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings, converted school buses, tent trailers and the
like, in cases or boxes used for transporting recreational equipment,
whether occupied by such equipment or not.
MANUFACTURE
A function involving either the processing or production
of materials, goods, or products.
MANUFACTURED HOME/HOUSE
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured houses placed in parks shall meet the requirements for manufactured housing parks listed Chapter
173, Subdivision and Land Development, of the Code of the Township of West Hanover. Manufactured houses placed on individual lots shall be considered dwellings and be bound by the requirements thereon imposed.
MANUFACTURED HOME/HOUSING PARK
A parcel or contiguous parcels of land which have been so
designated and improved to contain two or more manufactured housing
lots for the placement thereon of manufactured houses.
MANUFACTURED HOUSING LOT
A parcel of land in a manufactured housing park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured house.
MANURE
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITY
A structure or other improvement built to store manure for
future use, or disposal. Types of storage facilities are as follows:
underground storage, in-ground storage, earthen bank, stacking area,
and aboveground storage.
MEDICAL MARIJUANA
Refers to using the whole unprocessed marijuana plant or
its basic extracts to treat a disease or symptom.
MICRO WIRELESS FACILITY
A small wireless communications facility that:
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
MINERAL RESOURCE
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MODIFICATION or MODIFY
The improvement, upgrade, or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure. Also, see "building modification."
MODULAR (INDUSTRIALIZED) HOME
A home that is wholly or mostly made, constructed, fabricated
or assembled in manufacturing facilities. These structures are then
shipped to the home site for assembly and installation. A modular
home is designed only for installation on a site-built permanent foundation
and not to be moved after the installation.
MOTOR VEHICLE
A vehicle that is self-propelled except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but now fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
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 thereto.
ON-LOT SEWER SERVICE
The disposal of sewage generated by a user on land by safe
and healthful means, as approved by the Township On-Lot Management
Ordinance.
ON-LOT WATER SERVICE
The provision of a safe, adequate and healthful supply of
water to a user from a private well.
OPEN SPACE, COMMON
A.
A designated area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development or the general public. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development. Unless otherwise modified by §
195-419 (Open space development standards) of this chapter, maintenance of and improvements to common open space is the responsibility of the residents and owners of the development. The following items shall not be classified as common open space and shall not be included in the calculation of common open space area:
(1)
Area within street right-of-way lines or private vehicular access
easements.
(2)
Area within stormwater management basins with impervious surfaces.
(3)
Area located within 15 feet of any structure not designated
for community use.
(4)
Area between the required building setback line and the property of street right-of-way line, except in accordance with §
195-419H(1)(d) pertaining to pedestrian pathways and sidewalks.
(5)
Area between the required building setback line and a private
access easement, interior access drive or parking area.
(6)
Area located on lots held in single and separate ownership not
intended for community use.
(7)
Area within the footprint of any enclosed structure.
B.
Recreation areas located within common open space areas defined
above which contain impervious surfaces, such as athletic courts or
walking paths, can be considered part of the common open space.
OPEN SPACE, PUBLIC
Publicly owned and maintained undeveloped land, a natural
landscaped area, or a formal improved area designed or reserved for
the general public's use as active or passive recreational use
and includes all natural and man-made landscaping, facilities, playing
fields, building, and other structures that are consistent with and
supportive of the general purposes of public parkland and open space.
OWNER
The person with legal title to real property, a building,
or structure.
PEN
A fenced area designed to contain the animal to a restricted
area and prevent animals roaming at large.
PENNSYLVANIA CONSTRUCTION CODE (PCC) ACT
Act of Nov. 10, 1999, P.L. 491, No. 45, as amended. The statewide building code adopted by the Pennsylvania
General Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC. Such references shall
be based on the most recently adopted editions thereof. Also see "Uniform
Construction Code."
PERMANENT FOOD FACILITY
A retail food facility operating in a permanently constructed
structure permitted and operated for the purpose of storing, preparing,
serving, packaging, or otherwise handling food at the retail level.
Permanent food facility does not include mobile food facility, or
a facility licensed as a temporary food service facility (TFS) under
the Retail Food Facility Safety Act § 5703(g)(2).
PERSON
Includes one or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees,
trustees in cases under Title 11 (of the United States Code), receivers,
and fiduciaries.
PERVIOUS SURFACE
A surface that allows the percolation of water into the underlying
soil. Pervious surfaces include grass, mulched ground cover, planted
areas, vegetated roofs, permeable paving as well as porches and decks
erected on pier foundations that maintain the covered lot surface's
water permeability. Pervious surfaces do not include any structure
or building, any porch or deck that limits the covered lot surface
from absorbing water, or any outdoor stairs, on-grade surface sports
court, swimming pool, artificial turf, sidewalk or patio constructed
of concrete, asphalt, brick, compacted gravel or other material that
impedes the infiltration of water directly into the subsurface of
the lot.
PESTICIDE
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
PETROLEUM PRODUCT
Oil petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
PLANNED COMMUNITY
Real estate with respect to which a person, by virtue of
ownership of an interest in any portion of the real estate, is or
may become obligated by covenant, easement or agreement imposed on
the owner's interest to pay any amount for real property taxes,
insurance, maintenance, repair, improvement, management, administration
or regulation of any part of the real estate other than the portion
or interest owned solely by the person. The term excludes a cooperative
and a condominium, but a condominium or cooperative may be part of
a planned community. For purposes of this definition, "ownership"
includes holding a leasehold interest of more than 20 years, including
renewal options, in real estate. The term includes nonresidential
campground communities.
PORCH
A nonenclosed or semi-enclosed roof-covered accessory structure
adjoining a first floor entrance to a building.
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
A forest practice, such as thinning or pruning, which results
in better growth, structure, specific composition, or health for the
residual stand but does not yield a net income to the landowner, usually
because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
PREMISES
The property upon which the activity is conducted as determined
by physical facts rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second or third class, or is considered to be unique agricultural
land, all as defined by the United States Department of Agriculture,
Natural Resource and Conservation Services, County Soil Survey.
PRINCIPAL BUILDING
A building in which the primary use of the lot on which the
building is located is conducted.
PROFESSIONAL ENGINEER
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania 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 the Engineer, Land Surveyor and Geologist Registration Law,
Act of May 23, 1945, P.L. 913, No. 367, Cl. 63. However, a professional engineer may perform engineering
land surveys.
PROFESSIONAL LAND SURVEYOR
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania 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.
PROPERTY OWNER
A person that holds either legal or equitable title to the
real estate as set forth on any deed, agreement of sale, or any other
document recorded in the office of the Recorder of Deeds for the applicable
jurisdiction.
PUBLIC
Owned, operated, or both, by the Township, its authority,
a Township-supported fire company, or a Township-supported ambulance
association.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the West
Hanover Township Board of Supervisors or Zoning Hearing Board, intended
to inform and obtain public comment, prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in West Hanover Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing. Public notice
for rezoning, special exception, variance, or any combination thereof,
requests shall also include the posting of a sign(s) at a conspicuous
location(s) upon the site to notify potentially interested citizens;
this sign(s) shall be posted at least one week prior to the hearing
and will exhibit the nature, date, time and location of the hearing.
PUBLIC SEWER
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection.
PUBLIC WATER
A municipal water supply system, or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection.
REAL ESTATE
Any fee, leasehold or other estate or interest in, over or
under land, including structures, fixtures and other improvements
and interests which by custom, usage or law pass with a conveyance
of land though not described in the contract of sale or instrument
of conveyance. The term includes parcels with or without upper or
lower boundaries and spaces that may be filled with air or water.
RECREATIONAL VEHICLE
A vehicle which is either self-propelled or towed by a consumer-owned
tow vehicle and designed to provide temporary living quarters for
recreational, camping or travel use that complies with all applicable
federal vehicle regulations and is certified by the manufacturer as
complying with NFPA 1192, Standard on Recreational Vehicles, or ANSI
A119.5, Park Model Recreational Vehicle Standard, and includes the
following types as defined by the Pennsylvania Board of Vehicles Act
(Act of Oct. 24, 2018, P.L. 816, No. 134).
C.
Fifth wheel travel trailer.
RENDERING, ANIMAL
An off-site process that uses heat to convert animal carcasses
into safe, pathogen-free feed protein and other valuable end products
while reducing the negative effects of the carcasses on people and
the environment.
RENTALS
A procedure by which services or personal property are temporarily
transferred to another person for a specific time period for compensation.
REPAIR
A function involved in correcting deficiencies of products
that affect its performance, appearance, or both.
REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT
OF WCF)
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair, or technological advancement
with equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight, and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body, or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RIGHT-OF-WAY (ROW)
An area acquired or reserved for streets, street trees (or
landscaping), drainage, utilities and pedestrianways owned by a public
or private person. When used in the regulation of wireless telecommunications
facilities, the surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
ROLL-OFF DUMPSTER
A metal storage receptacle used primarily for the temporary
storage or deposit of waste materials, including debris, trash or
construction, renovation or demolition waste and which is transportable
such as to be delivered by, rolled off of, and picked up by a carrying
vehicle that allows for the disposal and removal of its contents to
a dump site. The term does not include dumpsters which are permanently
placed for the collection of normal household trash, such as at commercial
locations or apartment complexes.
ROOF
An impervious cover of a building.
SAFETY FAN
An area on a shooting range facility designed to contain
all projectiles fired from a shooting range. The safety fan consists
of three parts: the direct fire zone, the safety zone, and the ricochet
zone. The direct fire zone is that area into which all shots are fired
during the normal course of shooting.
SEASONAL RESIDENCE
A dwelling, cabin, lodge or summer house which is intended
for occupancy fewer than 182 days of the year.
SETBACK
The minimum required horizontal distance between a setback
line and a property or street right-of-way line. Also, see "building
setback line."
SETBACK LINE
A line parallel to the front, side or rear lot line so as
to provide the required yards. See Figure 6-2.
SETBACK, FRONT
The minimum distance between the street line and the building
setback line projected the full width of the lot. Commonly called
"required front yard."
SETBACK, REAR
The minimum distance between the rear lot line and the rear
setback line projected the full width of the lot. Commonly called
"required rear yard."
SETBACK, SIDE
The minimum distance between the side lot line and the side
setback line projected from the front yard to the rear yard. Commonly
called "required side yard."
SIGNIFICANT BUILDING OR STRUCTURE
Any building or structure within the Township that:
A.
Is listed on, or is within an area listed on, the National Register
of Historic Places, or which is the subject of a pending application
for listing on the National Register; or
B.
Is at least 50 years old, or if it has been determined by the
Township Board of Supervisors to be a significant building or structure
after a finding that the building or structure is either:
(1)
Importantly associated with one or more historic persons or
events, or with the broad architectural, cultural, political, economic,
or social history of the Township or the Commonwealth of Pennsylvania,
or
(2)
Historically or architecturally significant (in terms of period,
style, method of building construction, or association with a reputed
architect or builder), either by itself or in the context of a group
of buildings or structures, and therefore it is in the public interest
to be preserved or rehabilitated rather than to be demolished.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
Ownership shall be considered separate and distinct where lots have
been separately described as such, by metes and bounds, in a recorded
deed or conveyance prior to the enactment of this chapter, or an amendment
thereto, and have continued since that date to be so separately described
in all subsequent recorded deeds of conveyance.
SLOPE
The change in elevation over the horizontal distance between
consecutive contour lines. Slope shall be measured over three consecutive
two-foot contour intervals (six cumulative vertical feet of slope).
All slope measurements shall be determined by a topographic survey
signed and sealed by a professional engineer or a professional land
surveyor.
SMALL WIRELESS COMMUNICATIONS FACILITY
A wireless communications facility that meets the following
criteria:
A.
The wireless support structure on which antenna facilities are
mounted:
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
(3)
Is not extended to a height of more than 50 feet or by more
than 10% above its preexisting height as a result of the collocation
of new antenna facilities; and
B.
Each antenna associated with the deployment (excluding the accessory
equipment) is no more than three cubic feet in volume; and
C.
All accessory equipment associated with the wireless support
structure (excluding antennas) is cumulatively no more than 28 cubic
feet in volume.
D.
The wireless communications facility does not require antenna
structure registration under 47 CFR Section 17;
E.
The wireless communications facility is not located on Tribal
lands, as defined under 36 CFR 800.16(x); and
F.
The wireless communications facility does not result in human
exposure to radio frequency radiation in excess of the applicable
safety standards specified in 47 CFR 1.1307(b).
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
SPECIAL EXCEPTION USE
A use conditionally permitted in a particular zoning district
under this chapter that may be undertaken only following the approval
by the Zoning Hearing Board and the subsequent issuance of a zoning
permit by the Zoning Officer pursuant to standards and criteria established
in this chapter.
STACK
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace, especially that part of a structure
extending above a roof.
STORY
The part of a building between the surface of any floor and
the next floor above it or in its absence, the finished story if its
floor level is six feet or more above the level of the line of the
finished floor next below it. Any floor under a sloping roof at the
top of a building, which is more than two feet below the top plate
shall be counted as a story; and, if less than two feet below the
top plate, it shall be counted as a half-story. A basement shall be
counted as a story if it averages more than five feet above grade.
(See Figure 6-1.)
STREAM
A watercourse with definite bed and banks which confine and
convey continuously or intermittently flowing water.
STREET
A 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. This
definition shall not include driveways.
STREET CENTER LINE
A baseline used for the layout of lots and the construction
of a cartway generally midway between the street lines.
STREET WALL
The facade wall of a building or portion of a wall facing
a street line.
STREET, MAJOR
A.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
B.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
C.
LIMITED ACCESS STREETA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.
STREET, MARGINAL ACCESS
A minor street which is parallel and adjacent to a limited
access highway or arterial street, which provides access to abutting
properties and protection from through traffic.
STREET, MINOR
A street used primarily for access to abutting properties.
STRUCTURE
Any assembly of materials constructed or erected with a fixed
location on the ground or attached to something having a fixed location
on the ground, any portion of which is above the natural surface grade,
including, but not limited to buildings, sheds, cabins, manufactured
houses and trailers, pavilions, pagodas, tents, kennels, swimming
pools, dumpsters, fences, dams, culverts, roads, railroads, bridges,
storage tanks, and signs.
STRUCTURE, ACCESSORY
A structure associated with an accessory use, (e.g., swimming
pools, patios, antennas, tennis courts, garages, utility shed, etc.).
STRUCTURE, PRINCIPAL
A structure associated with a primary use. Structures shall
not include such things as temporary fences, sandboxes, decorative
fountains, swing sets, doghouses, birdhouse, bird feeders, mailboxes,
and any other similar nonpermanent improvements.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition of 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.
SUBSTANTIAL CHANGE
A modification that substantially changes the physical dimensions
of any support structure if it meets the criteria established by 47
CFR § 1.6100.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either a) before the improvement or repair is started
or b) if the structure has been damaged and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless facility or its design or site location
can be implemented without a material reduction in the functionality
of the small wireless facility.
TEMPORARY PORTABLE STORAGE UNIT (commonly known as "portable
on-demand storage" or "PODS®")
Any mobile container, storage unit, shed-like container or
other portable structure that is not permanently affixed to the land,
is designed for temporary short-term storage, is not intended for
human habitation, that can be or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building, other than an accessory building or shed complying
with all building codes and land use requirements.
TESTING
A function involving the examination and assessment of qualities,
performances, capabilities, or any combination thereof, of a product,
good or material.
TOTAL FLOOR AREA
The area of all floors in all buildings measured to the outside
of the exterior walls, excluding attics, basements, and open porches
(measured in square feet). (Note: An "open porch" has a roof but is
not enclosed with screens or windows. Porches enclosed with screens
or windows shall be counted toward total floor area.)
TOWNSHIP
West Hanover Township, Dauphin County, Pennsylvania.
TRAILER
A vehicle without motive power designed for carrying persons
or property and for being drawn by a motor vehicle and constructed
so that no part of its weight rests upon the towing vehicle.
UNENCLOSED STORAGE
Storage outside of a fully enclosed freestanding building
containing walls and a roof. Storage under or within fabric carports
or canopies, vehicle covers, tarps, or buildings whose walls are not
fully opaque shall constitute unenclosed storage.
UNIFORM CONSTRUCTION CODE (UCC)
Chapter
88 of the Code of West Hanover Township. West Hanover Township has by resolution and this chapter elected to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, and its regulations, as amended from time to time.
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.
USE, PERMITTED
Any use allowed by right within a zoning district, subject
to the restrictions applicable to that zoning district, and that is
not a special exception use.
USE, PRINCIPAL
The dominant purpose for which a lot or building is utilized.
USE, TEMPORARY
Any use authorized under and in accordance with the provision
of this chapter which is limited to the time in which such use may
legally continue.
VARIANCE
The permission granted by the Zoning Hearing Board following
a public hearing that has been properly advertised as required by
the Pennsylvania Municipalities Planning Code, as amended, for an
adjustment to some regulation which, if strictly adhered to, would
result in an unnecessary hardship and where the permission granted
would not be contrary to the public interest, and would maintain the
spirit and original intent of the ordinance.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair, or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
VOLUNTARILY
Any act(s) done by design or intention, which is proposed,
intended, or not accidental. An act of God is not considered voluntary,
but rather is regarded as an act done without the will or choice of
the applicant (or owner, if different from the applicant). For the
purposes of this chapter, the destruction of a significant building
or structure for failure to properly secure it shall be considered
voluntary.
WALL-MOUNTED
An electric vehicle charging station that is mounted to a
wall or any similarly substantial vertical surface.
WETLANDS
Areas that are inundated and saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as amended, shall be considered
a wetland for the purposes of this chapter. In the event the definition
of wetland accepted by the U.S. Army Corps of Engineers conflicts
with the definition of a wetland accepted by the (state) Department
of Environmental Protection, the more restrictive definition shall
apply.
WIND ENERGY SYSTEM (AWES)
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy and includes any base, blade,
foundation, generator, nacelle, rotor, tower, transformer, turbine,
vane, wire, or other component used in the system.
WIND ENERGY SYSTEM, ACCESSORY
An AWES designed as a secondary use on a lot, wherein the
power generated is used primarily for on-site consumption.
WIND ENERGY SYSTEM, PRINCIPAL
An AWES designed as the primary use on a lot, wherein the
power generated is used primarily for off-site consumption.
WINDOW
An opening to the outside other than a door which provides
all or part of the required natural light, natural ventilation or
both to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window in regard to provision of natural
light.
WIRELESS SUPPORT STRUCTURE
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or is to be
used for the provision of wireless service (whether on its own or
commingled with other types of services).
WOODLANDS
A tree mass or plant community in which tree species are
dominant or codominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (larger than 12 inches DBH) covering an area
of 1/4 acre or more or consisting of 10 individual trees larger than
six inches DBH shall be considered a woodland. The extent of any woodland
plant community or any part thereof shall be measured from the outermost
dripline of all the trees in the plant community.
YARD
An area between the permitted structures and the property
lines. (See Figure 6-8.)
YARD, BUFFER
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is placed (planted) year-round shrubbery, hedges,
evergreens or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district, and may include
a wall, as provided for in this chapter.
YARD, EXTERIOR
An open, unoccupied space between a building and the property
boundary or street line.
YARD, FRONT
An open unoccupied space on the same lot with a building,
extending the full width of the lot and situated between the street
line and the building line projected to the side lines of the lot.
The depth of the front yard shall be measured between the front building
line and the street line. (See Figure 6-8.)
YARD, INTERIOR
An open, unoccupied space between building structures, all
of which are located on the same lot.
YARD, REAR
The area contained between the principal structure and the
property line directly opposite the street of address. For flag lots,
the rear yard shall be that area between the principal structure and
that lot line which is directly opposite the above-described front
yard.
YARD, SIDE
The area(s) between a principal structure and any side lot
line(s). On corner lots, the side yard shall be considered those areas
between the principal structure and the property lines directly opposite
the nonaddress street(s). For flag lots, the side yards shall be the
area between the principal structure and that one outermost lot line
which forms the flag and pole, plus the area on the opposite side
of the principal structure. (See Figure 6-8, Yards.)
ZONING
The designation of specified districts within the Township,
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
ZONING OFFICER
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.