As used in this chapter, the following terms shall have the meanings indicated:
ACCELERATED EROSIONThe removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of the natural processes alone.
ACCESSA way or means of approach for vehicle and/or pedestrian traffic from a street, right-of-way, public area or community facility, to a lot.
ACCESS DRIVEA private drive providing pedestrian and vehicular access between a public or private street and a parking area(s) within a land development and any driveway servicing two or more units of occupancy on a single lot or contiguous lots. The access drive is not intended to include any portion of the travel lane abutting parking areas. (See also "street.")
ACCESSORY BUILDINGA detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
ACTThe Flood Plain Management Act, Act No. 166, October 4, 1978, P.L. 851, as amended and supplemented, and all regulations promulgated thereunder.
AGRICULTUREThe tilling of the soil, the raising of crops, forestry, horticulture, and gardening, including the keeping or raising of livestock and poultry, and including sale of crops and agricultural, dairy and horticultural farm products incidental to the operation of a farm.
ALLEYA minor right-of-way, privately owned, primarily for secondary means of access to the rear or sides of properties.
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 plat or plan or for the approval of a development plan. Every application for development must include the form designated by the Township and all other plans and information required by this chapter.
APPROVEDApproved by the recognized authoritative agency or official as specified in the respective regulations.
AREAThe extent of surface contained within the boundaries or extremities of land or building.
AUTHORITYThe General Municipal authority of the Township of Manheim and any successor thereto.
BASEMENTAny area of the building having its floor subgrade (below ground level) on all sides.
BICYCLE LANEA lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BIKE PATHA pathway that is exclusively used by bicyclists, where a separate, parallel path is provided for pedestrians and other wheeled users. Most pathways are shared between bicyclists and other users. See "non-motorized path."
BIKEWAYA pathway or lane designed to be used by bicyclists.
BLOCKA tract of land bounded by three or more streets.
BUILDINGAny structure used for a residence, business, industry, or other public or private purpose, or accessory thereto, and including porches, greenhouses, stables, garages, roadside stands, mobile homes and similar structures, whether stationary or movable, but excluding fences and walls which are part of the landscaping, signs and awnings.
BUILDING PERMITA. The permit required for:
(1) The erection, construction, placement, reconstruction, alteration, replacement, restoration, or conversion of any structure or building; or
Percentage of use or extension or displacement of the use of any structure or building.
The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure, rebuilding a damaged or destroyed structure, or a change in use provided there is no increase in gross floor area or number of dwelling units resulting therefrom.
BUILDING SETBACK LINEA line defining the minimum required distance within a lot from, and parallel to a street right-of-way line and side rear lot lines which designates the minimum location of future buildings and structures.
CARTWAYThe surface of a street, access drive or alley available for vehicular traffic.
CERTIFICATE OF USE AND OCCUPANCYA certificate issued by the Township upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein, and within all other applicable requirements have been complied with.
CHANNELA natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.
COMMISSIONERSThe Board of Commissioners of Manheim Township, Lancaster County, Pennsylvania.
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 street, off-street parking areas, and areas set aside for public facilities.
Comprehensive PlanThe Comprehensive Plan for Manheim Township, March 2010, and any amendments thereto, indicating the general locations recommended for circulation facilities, community improvements and land uses.
CONDITIONAL USEA use permitted in a particular zoning district based upon the location of that use within the district and upon compliance with specific conditions and criteria.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes.
CROSSWALKA right-of-way, privately or publicly owned, intended to furnish access for pedestrians.
DENSITYThe proportionate amount of land allocated for each dwelling unit of permitted use.
DETENTION BASINA basin designed to drain completely after retarding stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
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, or other activities covered by this chapter.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
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 of development, streets, ways and parking facilities, common open space and public facilities.
DOUBLE FRONTAGE LOTA lot with front and rear street frontage with possible vehicular access to both streets.
DRIPLINEThe line marking the outer edges of the branches of a tree.
DRIVEWAYA private drive providing access between a public or private street or access drive and a parking area for a single unit of occupancy.
DWELLINGA. Building permanently erected on and attached to a foundation, having a fixed location on the ground, and used for residential occupancy, which building when so erected and attached, shall, in the normal frame of reference, be immobile. Hospitals, hotels, boarding, rooming and lodging houses, institutional homes, motels, tourist courts, and the like, offering overnight accommodations for guests or patients, shall not be considered dwellings within the meaning of this chapter.
In addition, in order to qualify as a dwelling, all of following standards and conditions must be complied with:
(1) The foundation for the dwelling shall be an entire perimeter wall, either of concrete or masonry construction, extending from below the frost line to the underside of the dwelling;
The dwelling must be attached to the foundation wall by anchor bolts or similar attachments approved by the Township as contrasted with the mere setting of the dwelling unit on the foundation wall system;
In the event the dwelling formerly was a mobile home as defined herein, the entire running gear, as contrasted with just the wheels, must be removed; and
Any towing hitch must be removed from the dwelling.
EASEMENTA right-of-way granted for limited use of private land for a public, quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.
ENGINEERA professional engineer registered in the Commonwealth of Pennsylvania.
EROSIONThe removal of soil particles by the action of water, wind, ice, or other geological agents.
FEMAThe United States Federal Emergency Management Agency.
FILLMaterial 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.
FINANCIAL SECURITYSecurity posted by a developer in accordance with Article
V of the Municipalities Planning Code and Article
VI, Final Plan, of this chapter by which a developer ensures the construction of improvements required by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The flood which has reached the highest flood elevation above mean sea level at a particular location.
FLOOD, FLOODED, or FLOODINGA partial or complete inundation of normally dry land areas from the overflow of a watercourse or other body of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAINAn area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source, or as defined by FEMA.
FLOODPROOF, FLOODPROOFED, or FLOODPROOFINGAny combination of structural and/or nonstructural provisions, additions, changes or adjustments to structures or contents which are designed or adapted primarily to reduce or eliminate flood damage to those structures or contents.
FLOOR AREAThe maximum amount of usable space within a building.
GRADEA reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet (1,829 mm) from the building, between the building and a point six feet (1,829 mm) from the building.
GREENWAYSLinear corridors of open space which generally correspond to or link major river or stream corridors (including adjoining floodplain, riparian buffers, and steep slope areas), old railways or ridge tops, and are intended to function as part of an integrated system or network for a variety of purposes, including protecting natural, cultural and scenic resources, providing recreational benefits, enhancing the quality of life in neighborhoods, and stimulating economic development opportunities. The base Trail and Greenway System for Manheim Township is shown on the Trail and Greenway System Map, dated November 2, 2011, and is part of the Manheim Township Comprehensive Recreation, Park, Greenways and Open Space Plan.
IMPROVEMENTSThose physical additions and changes to the land that may be necessary to produce usable and desirable development.
ITEInstitution of Transportation Engineers.
LAND DEVELOPMENTA. The improvements 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
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.
Development in accordance with the following shall be excluded from land development procedure:
(1) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this chapter, 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.
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 persons having a proprietary interest in land.
LEVEL OF SERVICEA qualitative measure describing operational conditions within a traffic stream, generally described in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety.
LINEAR PARK AND TRAIL GREENWAYS (LINKAGES)Areas set aside for recreational activities like walking, biking and horseback riding. These greenways usually follow the path of a natural feature such as a stream or mountain or a man-made feature such as an abandoned railroad bed or roadway.
LINEAR TRAILA non-motorized pathway, separated from the road, designed for recreational activities like walking, biking and horseback riding. See "non-motorized path."
LOTA parcel of land held in single and separate ownership, occupied or capable of being occupied by buildings, structures, accessory buildings or structures, signs, and uses customarily incidental to it, including such open spaces as are required, and which is described by reference to a recorded plat or by metes and bounds.
LOT AREAThe area contained within the property lines of the individual parcels of land.
LOT COVERAGEA percentage which when multiplied by the lot area will determine the permitted lot area to be covered.
MEAN SEA LEVELThe average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.
MOBILE/MANUFACTURED 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.
MODIFICATIONA change, an alteration or amendment which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject-matter intact.
MULTI-USE PATHA pathway usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township of Manheim. (See "Township Engineer.")
MUNICIPALITIES PLANNING CODEThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. §
10101 et seq.
Manheim Township, Lancaster County, Pennsylvania.
NON-MOTORIZED PATHA path intended for use by pedestrian and bicyclist, but not by any motorized vehicles. It is a path that runs parallel to the street but is separated from it.
OBSTRUCTIONAny dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, refuse, fill, structure, or other matter in, along across or projecting into any channel, watercourse, or floodplain, which may impede, retard, or change the direction of the flow of water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
ORDINANCEThe Manheim Township subdivision and land development ordinance.
PARKING LOTAn open space other than a public or private street exclusively for parking of vehicles.
PennDOTThe Pennsylvania Department of Transportation, or any agency successor thereto.
PETROLEUM PRODUCTOil or petroleum of any kind and in any form, including crude oil and derivatives or crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
PIPEAn enclosed water carrying structure of one or more barrels having a total flow area equivalent to forty-eight-inch diameter or less.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official recording as required by statute: a final plan/plat. A final plan application is duly filed as of the date of submission provided the application is deemed complete.
PLAN, PRELIMINARYA tentative subdivision or land development plan, in lessor detail than the final plan, indicating the approximate proposed layout of a subdivision or land development as a basis for consideration prior to preparation of the final plan(s): a preliminary plan/plat. A preliminary plan application is duly filed as of the date of submission provided the application is deemed complete.
PLAN, SKETCHA plan of a subdivision or land development showing the tentative street and lot layout, to be used for informal discussion with the Planning Commission/staff prior to preparation of the preliminary and/or final plan(s).
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or a combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, or type of dwelling or use, density, or intensity, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of Chapter
500, Zoning, of this Code.
The map or plan of a subdivision or land development, whether preliminary or final.
PRINCIPAL USEThe primary or main use of a building, structure or lot.
PROJECT SITEAn area of land under development and within the jurisdiction of this chapter.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Board of Commissioners, intended to inform and obtain public comment, prior to taking action in accordance with the Township provisions.
PUBLIC IMPROVEMENTSAll roads, streets, sidewalks, gutters, curbs, waterlines, sewers, stormwater management facilities, walkways and other facilities to be dedicated to or maintained by the Township or a public entity for which plans and specifications must comply with the Manheim Township Improvements Specifications Manual.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the 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 SEWERA system of providing sanitary sewage collection and treatment which is owned and/or operated by the authority, or any other municipality or public authority.
PUBLIC WATERA system of providing potable water which is owned and/or operated by Manheim Township and/or the authority or any other municipality or public authority.
REPORTAny letter, review, memorandum, compilation or similar writing made by any person, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A basin designed to retain stormwater runoff with its primary release of water being through the infiltration of said water into the ground.
REVERSE FRONTAGE LOTA lot extending between and having frontage on two streets with vehicular access solely from the street of lower classification.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley, pedestrian way, or for other public or private use.
RIPARIAN BUFFERUndisturbed riparian land adjacent to a natural watercourse and other bodies of water for the purpose of stabilizing banks, filtering pollutants from runoff and for providing habitat for a variety of wildlife. This is not intended to include man-made swales, infiltration beds, or detention or retention facilities utilized solely for stormwater management from the project site.
RUNOFFThat part of precipitation which flows over the land.
SCREENA structure or planting of fencing, berms, and/or evergreen trees or shrubs providing a continuous view obstruction within a site or property.
SEDIMENTSolid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
SEDIMENT BASINA barrier, dam, retention or detention basin designed to retain sediment.
SIGHT TRIANGLEA triangle shaped portion of land established at street intersection on which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SOIL SURVEYThe latest published version of the United States Department of Agriculture's Soil Survey for Lancaster County, Pennsylvania.
SPECIAL EXCEPTIONA use to be permitted or denied, by the Manheim Township Zoning Hearing Board, in a particular zoning district pursuant to expressed standards and criteria.
STORM SEWERA system of pipes, conduits, swales or other similar structures including appurtenant works which carries intercepted runoff, and other drainage, but excludes domestic sewage and industrial waste.
STORMWATERDrainage runoff from the surface of the land resulting from precipitation or snow 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 groundwaters and groundwater recharge.
STREETA strip of land, including the entire right-of-way, publicly or privately owned, serving primarily as a means of vehicular and pedestrian travel, and furnishing access to abutting properties, which may also be used to provide space for sewer, public utilities, shade trees, and sidewalks.
STREET LOCALA street used primarily to provide access to abutting properties.
STREET, ARTERIALA street whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on collector and local streets.
STREET, COLLECTORA street which provides access to abutting properties and for inter-community travel, connecting borough and unincorporated population centers, and carrying large volumes of traffic to the arterial street system.
STREET, CUL-DE-SACA local street intersecting another street at one end and terminating at the other in a vehicular turnaround.
STREET, PRIVATEA street not offered for dedication or whose dedication was not accepted by the Township.
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 or 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 devises, 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 or access or any residential dwelling, shall be exempt.
SUBSTANTIAL IMPROVEMENTA. 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:
(1) Before the improvement or repair is started; or
If the structure has been damaged, and is being restored, before the damage occurred.
For purposes of this definition, "substantial improvement" is considered to occur upon commencement of the first alteration of any wall, ceiling, floor or other structural part of a structure, whether or not that alteration affects the external dimensions of the structure.
SUBSTANTIALLY COMPLETEDIn the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Municipalities Planning Code, 53 P.S. §
10509) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
A surveyor registered in the Commonwealth of Pennsylvania.
SWALEA wide shallow ditch which carries surface water runoff.
TOWNSHIPThe Township of Manheim, Lancaster County, Pennsylvania.
TOWNSHIP ENGINEERA duly registered professional engineer, licensed as such in the Commonwealth of Pennsylvania, employed by the Township or engaged as a consultant thereto and appointed as the engineer for the Township of Manheim.
TOWNSHIP SECRETARYThe Secretary of the Board of Commissioners of Manheim Township, Lancaster County, Pennsylvania.
TREEAny woody plant that has a single trunk with a caliper of 1 1/2 inches at six inches above ground level.
TREE PROTECTION ZONEAn area that is radial to the trunk of a tree in which no construction activity can occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
UTILITY FACILITYAny facility, equipment, or structure necessary to conduct a service by a government, public or private utility.
WALKWAYA paved pedestrian path which is not aligned with vehicular circulation patterns, but which is located on a lot along proposed or existing pedestrian patterns.
WATERCOURSEA permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water, carrying or holding surface water, whether natural or artificial.
WETLANDSThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.