Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated. Words expressed in the plural include their singular meanings;
the present tense shall include the future; words used in the masculine
gender shall include the feminine and the neuter; the words "shall"
and "will" are mandatory; the words "should" and "may" are permissive.
It is the intent of this chapter to parallel the MPC. Therefore, if
a definition is not included herein, reference should be made thereto.
To physically touch or border upon; or to share a common
property line.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
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.
The traveled way by which cars enter and depart parking spaces.
A public thoroughfare, other than a street or side street,
which affords only secondary means of access to abutting properties
and not intended for general traffic circulation.
A soil developing from recently deposited alluvium and exhibiting
essentially no horizon development or modifications of the recently
deposited material.
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.
[Amended 3-21-2005 by Ord. No. 2005-3]
Every 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.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
Location of utilities and proposed design features as installed.
See also "record plans."
[Amended 2-19-2019 by Ord. No. 2018-12]
The one-hundred-year flood elevation as indicated on the
Flood Insurance Study and Flood Insurance Rate Map (FIRM), as revised,
for West Hanover Township, Dauphin County, Pennsylvania, prepared
by the Federal Emergency Management Agency, Federal Insurance Administration.
A characterization of the flora and fauna of a given piece
of ground or area, with emphasis on populations or groups of plants
or animals and/or she rare species of either.
[Added 12-7-2009 by Ord. No. 2009-05]
An area bounded by streets.
The West Hanover Township Board of Supervisors.
A structure having a clear span of more than 20 feet designed
to convey vehicles and/or pedestrians over a watercourse, railroad,
public or private right-of-way or any depression.
An area within a property or site generally adjacent to and
parallel with 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.
The area of a lot remaining after the minimum yard, open space requirements and environmental protection overlays of Chapter 195, Zoning, have been met.
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.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
A building surrounded by open space on the same lot.
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.
That improved portion of a street or alley within which vehicles
are permitted, including travel lanes, but not including parking areas,
shoulders, curbs, sidewalks or swales.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection. (Refer to Exhibit
VI.[1])
The West Hanover Township Planning Commission.
Land amenities, parts of buildings, central services and
utilities and any other elements and facilities owned and used by
all unit owners and are designated as common elements. These elements
may include but are not limited to:
The land on which the building is located and
portions of the building which are not included in a unit;
The foundation, structural parts, supports,
main walls, roofs, basements, halls, corridors, lobbies, stairways,
entrances and exits of the building;
The yards, parking area and driveways;
Portions of the land and building used exclusively
for the management, operation or maintenance of the common elements;
Installations of all central services and utilities;
All other elements of the building necessary
or convenient to its existence, management, operation, maintenance
and safety or normally in common use; and
Such other facilities as are designated as common
elements.
A 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 residential development,
not including streets, off-street parking areas and areas set aside
for public facilities.
An official document adopted by the Board of Supervisors
in accordance with the MPC, Act 247,[2] setting forth its policies regarding the long-term development
of the Township; the preparation of which is based on careful studies
of existing conditions and prospect for future growth of the Township.
The plan shall include but need not be limited to plans for the use
of land, transportation of goods and people, community facilities
and services, and a map and statement indicating the relationship
of the Township and its proposed development to adjacent municipalities.
A building or group of buildings in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis. Real estate
is not a condominium unless the undivided interests in the common
elements are vested in the unit owners.
The community association which administers and maintains
the common property and common elements of a condominium.
Ownership in common with others of a parcel of land and of
a building or buildings thereon which would normally be used by all
occupants, together with individual rights of occupancy of a particular
unit or apartment in such building or buildings or on such parcel
of land, and may include dwellings, offices and other types of space
in commercial buildings or on property and where the lease, sale or
exchange of a unit is subject to the agreement of the group of persons
having common ownership.
County of Dauphin, Pennsylvania.
That portion or percentage of the lot area covered by impervious
materials, to include buildings and paved surfaces.
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians over a public or private street.
An access street open at one end for vehicular and pedestrian
access and terminating at the opposite end by a vehicular turnaround.
This is an example of, or may be part of, a single-access street.
[Amended 12-1-2008 by Ord. No. 2008-17]
A historical site, either by structure, remnants of a structure,
or a significant documented historical event that took place on a
given piece of ground.
[Added 12-7-2009 by Ord. No. 2009-05]
A drain, pipe or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, railroad, pedestrian
walk or public way.
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
The opening along the curb line at which point vehicles may
enter or leave the roadway.
An excavation; the difference between a point on the original
ground and designated point of lower elevation of the final grade;
also, the material removed in excavation.
A storage facility for the temporary storage of stormwater
runoff.
A vegetated pond designed to collect water runoff for a given
storm event and release it at a predetermined rate; also known as
a "dry pond."
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Supervisors;
The Zoning Hearing Board; or
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 ordinances. Determinations shall
be appealable only to the boards designated as having jurisdiction
for such appeal.
A landowner, agent of such landowner or tenant with permission
from such landowner who makes or seeks to under undertake subdivision
of land, land development or any regulated earth disturbance activities
at a project site in the Township.
[Amended 3-21-2005 by Ord. No. 2005-3]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, filling,
grading, paving, excavating, earth disturbance activity, mining, dredging
or drilling operations, the placement of manufactured homes, streets
and other paving, utilities and the subdivision of land.
[Amended 3-21-2005 by Ord. No. 2005-3]
The 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 (NOTE: Public facilities include
utility easements for sewer collection, water, electric, telephone
and gas distribution, transformer, pumping stations, telecommunications,
etc.). The phrase "provisions of development plan" when used in this
chapter shall mean the written and graphic materials referred to in
this definition.
Surface water runoff.
The removal of surface water or groundwater
from land by drains, grading or other means which include runoff controls
to minimize erosion and sedimentation during and after construction
of development, the means for preserving the water supply and the
prevention or alleviation of flooding.
That area in which all of the surface runoff resulting from
precipitation is concentrated into a particular stream.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision or contiguous
land areas.
Pipes, swales, natural features and man-made improvements
designed to carry drainage.
Any natural or artificial watercourse, channel, trench, ditch,
pipe, swale or similar depression into which surface water flows.
[Amended 3-21-2005 by Ord. No. 2005-3]
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure. A shared driveway is a
single driveway serving two or more adjoining lots.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A dwelling unit within a multifamily dwelling. This classification
includes apartments in apartment houses, efficiency, bachelor apartments,
studio apartments and kitchenette apartments.
A one-family dwelling attached to two or more one-family
dwellings by common vertical walls.
A dwelling that is not attached to any other dwelling by
any means.
A building containing two single-family dwelling units totally
separated from each other by an unpierced wall extending from ground
to roof. Each unit is located on its own separate lot.
One or more two- or three-story, multifamily structures,
generally built at a gross density of 10 to 15 dwelling units per
acre, with each structure containing eight to 20 dwelling units and
including off-street parking, open space and recreation.
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
A factory-built structure that is manufactured or constructed
under the authority of 42 United States Code (U.S.C.) § 5401
and is to be used as a place for human habitation, but which is not
constructed or equipped with a permanent hitch or other device allowing
it to be moved other than for the purpose of moving to a permanent
site, and which does not have permanently attached to its body or
frame any wheels or axles. A mobile home is not a manufactured home.
A transportable, factory-built home, designed to be used
as a year-round residential dwelling and built prior to enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
Any structure designed primarily for residential occupancy,
except a manufactured home, which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities
for installation or assembly and installation on the building site
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
Modular dwellings shall be certified as meeting the BOCA National
Building Code standards as adopted by West Hanover Township.[3] Modular homes shall be subject to the same standards as
site-built homes.
A building used by three or more families living independently
of each other and doing their own cooking.
A one-family dwelling on a separate lot with open space setbacks
on three sides with a court.
Four attached dwellings in one building in which each has
two open space exposures and shares one or two walls with adjoining
unit or units.
A dwelling unit not used as a principal residence that may
be occupied weekends and for brief periods during the year.
A dwelling used for one family and having two party walls
in common with other buildings (such as row house or townhouse).
A building used by one family, having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard, and
one party wall common with another building.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit and each is separated from any
other unit by one or more vertical common fire-resistant walls.
A building on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction
and the moving, depositing, stockpiling, or storing of soil, rock
or earth materials.
[Amended 3-21-2005 by Ord. No. 2005-3]
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
[Amended 3-21-2005 by Ord. No. 2005-3]
An easement for the preservation of natural features that
precludes future or additional development to the land.
An easement required for the installation and maintenance
of stormwater sewers, drainage ditches, other drainage facilities
and/or required for the preservation or maintenance of a natural watercourse,
drainageway, channel or stream.
[Amended 3-21-2005 by Ord. No. 2005-3]
Surveys for:
The development of any tract of land, including
the incidental design of related improvements, such as line and grade
extension of roads, sewers and grading but not requiring independent
engineering judgment; provided, however, that tract perimeter surveys
shall be the function of the professional land surveyor;
The determination of the configuration or contour
of the earth's surface, or the position of fixed objects thereon or
related thereto, by means of measuring lines and angles and applying
the principles of mathematics, photogrammetry or other measurement
methods;
Geodetic or cadastral surveys, underground survey
and hydrographic survey;
Sedimentation and erosion control surveys;
The determination of the quantities of materials;
Tests for water percolation in soils; and
The preparation of plans and specifications
and estimates of proposed work as described herein.
The engineering specifications of the municipality regulating
the installation of any required improvements or for any facility
installed by any owner, subject to public use.
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
as set forth in P.L. 913, No. 367;[4] however, a professional engineer may perform engineering
land surveys.
A registered professional engineer in Pennsylvania designated
by the Township to perform the duties of engineer as herein specified.
An area on a development site with one or more of the following
characteristics:
Slopes in excess of 20%;
Floodways and floodplains;
Soils determined by the United States Department
of Agriculture and Soil as having a high water table;
Land incapable of meeting percolation requirements
for on-lot sewage treatment;
Stream corridors;
Mature stands of native vegetation;
Soils determined as prime agriculture soils
by the United States Department of Agriculture and Soil Conservation
Service; and
Wetlands as delineated in accordance with the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
A measurement of sanitary sewage effluent equaling 350 gallons
of effluent per day.
The process involving the detachment and movement of soil
or rock fragments, or the wearing away of the land surface or channels
by water, ice, wind, chemical action and gravity.
[Amended 3-21-2005 by Ord. No. 2005-3]
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
Existing conditions are defined as the land use present at
the time a drainage/stormwater management plan is submitted. However,
a more impervious existing condition can be used if the developer
can document that a more impervious condition was present at the time
the Township adopted this chapter. For computation purposes, meadow
or good woods/forest shall be used for existing pervious conditions.
For existing areas consisting of a combination of pervious and impervious/parking
shall be used of the various precomputed composite covers for developed
areas shall be used.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom; the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; the material
used to make a fill.
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur
once every 100 years (i.e., that has a one-percent chance of occurring
each year, although the flood may occur in any year).
REGULATORY FLOOD ELEVATION: The elevation that
a flood on the average is likely to occur once every 100 years (i.e.,
that has a one-percent chance of occurring each year although the
flood elevation may occur at any year.
That portion of the floodplain outside the floodway.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
An official map of a community, issued by the Federal Insurance
Administration.
A relatively flat or low land area, comprised
of the floodway area and the flood fringe area, which is subject to
partial or complete inundation from an adjoining or nearby stream,
river or watercourse.
An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
An overlay to the underlying districts as specifically described
in the floodway data table and the one-hundred-year flood delineation
in the Flood Insurance Study prepared for the Township by the Flood
Insurance Administration dated March 18, 1980.
Any combination of structural and nonstructural additions,
changes or adjustments to proposed and existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The Board of Supervisors of West Hanover Township, Dauphin
County, Pennsylvania.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The vertical location of the ground surface prior to excavation
or filling.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
The elevation of the ground in its natural state, before
man-made alterations.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
A surface that prevents the infiltration of water into the
ground. Impervious surface includes, but is not limited to, any building,
building roof, paved parking or driveway areas and any paved streets
and concrete sidewalks, concrete features and areas designed to initially
be gravel or crushed stone.
[Amended 3-21-2005 by Ord. No. 2005-3]
Those physical additions, installations and changes required
to render land suitable for the use intended, including but not limited
to grading, paving, curbing, street lights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, street shade trees
and improvements to existing watercourses.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
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.
A subdivision of land.
The exclusion of certain land development from
this definition of "land development" is permitted only when such
land development involves:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more that 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 not to exceed 5,000 square feet of impervious coverage.
An addition to a nonresidential building not
to exceed 2,500 square feet. Files must be checked to be sure plan
is compatible with the original land development plan.
[Added 12-1-2008 by Ord. No. 2008-17]
The legal or beneficial owner or owners of land, including
the holder, or 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.
A component of a development plan, where required, on which
is shown proposed landscape species (such as number, spacing, size
at time of planting and planting details); proposals for protection
of existing vegetation during and after construction; proposed treatment
of hard and soft surfaces; proposed decorative features; grade changes;
buffers and screening devices; etc.
A description of how land is occupied or utilized.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT OR FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
An access street open at one end for vehicular and pedestrian
access and terminating on itself, where lots are subdivided or development
occurs on both sides of the street. This is an example of, or may
be part of, a single-access street.
[Added 12-1-2008 by Ord. No. 2008-17]
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open space as required under the provisions of this chapter,
having not less than the minimum area and width required by this chapter
for a lot in the district in which such land is situated, and having
its principal frontage on a street; a designated parcel, tract or
area of land established by a plat, deed or permitted by law to be
used, developed or built upon.
The area contained within the property lines of a lot as
shown on a subdivision plan, excluding space within any rights-of-way,
but including the area of any easement.
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135º and the radius of the street
line is less than 100 feet.
That portion of a lot covered by buildings and/or other impervious
improvements.
The average horizontal distance between the front and rear
lot lines.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
A large lot not meeting minimum frontage requirements and
where access to the public road is by a narrow, private right-of-way
or driveway.
A lot other than a corner lot.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street, or any other public
space.
A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, or Chapter 195, Zoning, but which fails by reason of such adoption, revision or amendment to conform to the present requirements.
A lot which has been properly recorded in the office of the
Recorder of Deeds of Dauphin County, Pennsylvania.
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
minor street.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line. The
width of lots abutting a cul-de-sac shall be measured as the chord
distance length at the building setback line.
A dwelling unit fabricated in an off-site manufacturing facility
for installation or assembly at the building site, bearing a label
certifying that it is built in compliance with the Federal Manufactured
Housing Construction and Safety Standards (see CFR 3280 for legal
definition).
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
A legal instrument under which title to real estate is conveyed
and by which a condominium is created and established.
The maximum percentage of impervious cover on any lot.
A transportable, factory-built home, designed to be used
as a year-round residential dwelling and built prior to enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
Factory-built housing certified as meeting the BOCA National
Building Code standards as adopted by West Hanover Township.[5] Modular homes shall be subject to the same standards as
site-built homes.
West Hanover Township, Dauphin County, Pennsylvania.
The pattern of surface and stormwater drainage from a particular
site before the construction or installation of improvements or prior
to any regrading.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel, watercourse or flood-prone area, which may impede,
retard or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water, or is placed
where the flow of the water might carry the same downstream to the
damage of life and property.
An area that is intended to provide light and air, and is
designed for either environmental, scenic or recreational purposes.
Open space may include but is not limited to lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas and watercourses. Open space shall not
be deemed to include driveways, parking lots or other surfaces designed
or intended for vehicular travel. Land which is used for recreation,
resource protection, amenity and/or buffers. In no event shall any
area of a lot constituting the minimum lot area nor any part of an
existing or future road or right-of-way be counted as constituting
open space.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas.
Open space owned and maintained privately, not for the use
of the general public. Ownership can be in the form of a conservation
easement.
[Added 12-1-2008 by Ord. No. 2008-17]
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above that required
by the underlying zone.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest to seek development
of land.
Small, self-contained sewage treatment facilities built to
serve developed areas beyond the service area of larger regional plants.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, garages, private driveways
and legally designated areas of public streets.
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking; a tract of land used for the temporary parking of motor vehicles
when such use is not accessory to any other use.
The development and use of parking areas on two or more separate
properties for joint use by the businesses on those properties.
An area on a lot and/or within a building intended for the
use of temporary parking of a personal vehicle. This term is used
interchangeably with "parking stall."
A temporary storage area for a motor vehicle, trailer or
vessel that is directly accessible to a driveway or access drive,
and which is not located on a dedicated street right-of-way.
An individual, partnership, public or private association
or corporation, copartnership or a governmental unit, public utility
or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
[Amended 3-21-2005 by Ord. No. 2005-3]
A surface that generally permits the infiltration of water
into the ground.
A plan prepared by a registered engineer or surveyor showing
the construction details of streets, drains, sewers, bridges, culverts
and other improvements for review by the Township Engineer, as required
by this chapter.
A complete and exact subdivision or land development plat,
prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
Land under unified control to be planned and developed as
a whole in a single development operation or a definitely programmed
series of development operations or phases. A planned development
includes principal and accessory structures and uses substantially
related to the character and purposes of the planned development.
A planned development is built according to general and detailed plans
that include not only streets, utilities, lots and building location,
and the like, but also site plans for all buildings as are intended
to be located, constructed, used and related to each other, and plans
for other uses and improvements on the land as related to the buildings.
A planned development includes a program for the provisions, operations
and maintenance of such areas, facilities and improvements as will
be for common use by some or all of the occupants of the planned development
district, but which will not be provided, operated or maintained at
general public expense.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, to develop a plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage, and required open space to the regulations
established in any one district created, from time to time, under
the provision.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.
[6]The West Hanover Township Planning Commission, appointed
by the Board of Supervisors in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
A tentative subdivision or land development plat, in lesser
detail than a final plat, showing approximate proposed street and
lot layout as a basis for consideration prior to preparation of a
final plat.
An informal plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision or land development.
Any introduced gas, liquid or solid that makes a resource
unfit for a specific purpose.
The presence of matter or energy whose nature, location or
quantity produces undesired environmental effects.
Capable of being put to use or put into practice.
[Added 12-7-2009 by Ord. No. 2009-05]
A locally formed nonprofit organization that acquires and
manages land for preservation and public use.
A building in which the primary use of the lot on which the
building is located is conducted; a structure or, where the context
so indicates, a group of structures in or on which is conducted the
principal use of the lot on which such structure is located.
The main use of land or structures, as distinguished from
a secondary or accessory use; the primary use and chief purpose of
a lot or structure.
Not publicly owned, operated or controlled.
A legally established right-of-way, other than a public street,
which provides the primary pedestrian and vehicular access to one
or more lots.
The profile of the center line of the finished surface of
the street, which shall be midway between the sidelines of the street.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education).
Public parks, playgrounds, trails, paths and other recreational
areas and other public open spaces; scenic and historic sites; schools
and other public buildings and structures.
Public grounds include the following:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Code, Act 247, as amended.
[7]A designated growth area and all or any portion of a future
growth area described in a county or multimunicipal comprehensive
plan where public infrastructure services will be provided. Public
infrastructure services outside the "area" will not have to be publicly
financed.
[Added 11-4-2002 by Ord. No. 2002-9]
Services provided to areas with densities of one or more
units to the acre, which may include, but need not be limited to,
sanitary facilities, including collection lines and treatment plants,
water lines and facilities, parks, streets, sidewalks, and public
transportation. The term excludes fire protection and emergency medical
services and any other services required to protect the health and
safety of residents.
[Added 11-4-2002 by Ord. No. 2002-9]
A meeting held in compliance with the Open Meetings Act (65
Pa.C.S.A. Ch. 7).
[Amended 11-4-2002 by Ord. No. 2002-9]
Notice published once each week for two successive weeks
in a newspaper of general circulation in West Hanover Township, Dauphin
County, Pennsylvania. 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 be not more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.
Any system, other than an individual septic tank, tile field
or individual septic tank or well, that is operated by a municipality,
governmental agency or a public utility for the collection, treatment
and disposal of wastes and the furnishing of potable water.
A closely regulated private enterprise with an exclusive
franchise for providing a public service.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes; pumping stations; telephone exchanges and repeater stations;
and all other facilities, equipment and structures necessary for conducting
a service by a government or a public utility.
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. Real estate includes parcels with or without upper
or lower boundaries, and spaces that may be filled with air or water.
Location of utilities and proposed design features as installed.
See also "as-built drawings."
[Added 2-19-2019 by Ord. No. 2018-12]
A vehicular-type unit designed as temporary living quarters
for recreational, camping or travel use, which has its own motorized
power or is mounted on or drawn by another vehicle (including a camping
trailer, motor home, travel trailer and truck camper); and a body
width of no more than eight feet and a body length of not more that
35 feet when factory equipped for the road, and licensed as such by
the commonwealth.
A parcel of land under single ownership which has been planned
and improved for the placement of recreational vehicles or camping
equipment for temporary living quarters, for recreational, camping
or travel use, on recreational vehicle or campground lots rented for
such use, thereby constituting a "land development."
A parcel of land abutting a street or private road occupied
by one recreational vehicle or camping equipment for temporary living
quarters, for recreational, camping or travel use, together with such
open space as is required under the provisions of this chapter having
not less that the minimum area and width required by this chapter
for a recreational vehicle park or campground lot.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities. Public recreation areas are those owned and operated by
a unit of local government. Private recreation areas are those owned
and operated by a nonprofit organization and open only to bona fide
members and their guests. Commercial recreation areas are those operated
as a business and open to the public for a fee.
Earth disturbance activity one acre or more with a point
source discharge to surface waters or the Township’s storm sewer
system, or five acres or more regardless of the planned runoff. This
includes earth disturbance on any portion of, part or during any stage
of a larger common plan of development. This only includes road maintenance
activities involving 25 acres or more of earth disturbance.
[Added 3-21-2005 by Ord. No. 2005-3]
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
Any individual maintaining a voting address in the Township
within 1,000 feet of the proposed subdivision, owning real estate
in his own or joint names. A tenancy in common or any other means
of joint ownership shall be considered as an individual; however,
the signature of any single joint owner shall be considered as binding
the others.
Any subdivision or transfer of land laid out on a plan which
has been approved by the Township Supervisors that changes or proposes
to change property line(s) and/or public right-of-way lines not in
strict accordance with the previously approved plan.
A pond containing a permanent pool of water designed and/or
constructed to store water runoff for a given storm event and release
it at a predetermined rate.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses; generally, the right of one to pass over the property
of another.
See "street line."
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane or alley, or however designated.
See "cartway."
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The process by which mineral or organic matter is accumulated
or deposited by wind, water or gravity. Once this matter is deposited
(or remains suspended in water), it is usually referred to as "sediment."
A temporary dam or barrier constructed across a waterway
or at other suitable locations to intercept runoff and trap and retain
sediment.
A covered pit with perforated pipe through which the septic
tank effluent may seep or leach into the surrounding soil.
An underground system with a septic tank used for the decomposition
of domestic wastes; also referred to as an "on-lot system."
A watertight tank in which raw sewage is broken down into
solid, liquid and gaseous phases to facilitate further treatment and
final disposal.
A serviceway providing a secondary means of private access
to abutting property and not intended for general traffic circulation.
Any structures designated to dispose of sanitary sewage within
the boundaries of a lot.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
A paved, surfaced or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
A local street or streets, including, but not limited to,
culs-de-sac and loop streets, which have only one point of intersection
with an existing Township road, state road, or proposed road having
at least two separate and distinct access points.
[Added 12-1-2008 by Ord. No. 2008-17]
The study of a specific parcel of land which takes into account
the physical attributes and conditions, including climate, soils/watersheds/drainage,
topography, existing trees and vegetation, environmentally sensitive
areas (wetlands/hillsides/slopes/streams/lakes/ponds), geology, hydrology
and viewsheds, wildlife [species of concern and endangered species
(PNDI)], cultural attributes, including historical sites, public infrastructure
and existing structures.
[Added 12-7-2009 by Ord. No. 2009-05]
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as accurately depicting the use, location and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-ways, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
An informal plan used for the purpose of discussion and classification,
not necessarily to exact scale, indicating salient existing features
of a tract and its surroundings and the general layout of a proposed
subdivision and land development.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-lot sewage disposal.
A field test conducted to determine the types and depths
of soils located on a given lot and/or study area.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
The average interval expected between storms of a specific
duration and intensity.
Any storm drainage technique that retards or detains runoff,
such as detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
A vegetated pond designed to drain completely after storing
runoff only for a given storm event and release it at a predetermined
rate; also known as a "dry pond."
Facilities designed to reduce peak flows and/or volumes,
such as stormwater management ponds, underground storage, rooftop
storage, pervious parking, etc.
The planned control of runoff to allow water falling on a
given site to be absorbed or retained on site to the extent that after
development the peak rate of discharge leaving the site is not greater
than if the site had remained undeveloped; a plan showing all present
and proposed grades and facilities for stormwater management.
A watercourse with definite bed and banks which confine and
convey continuously or intermittently flowing water.
A natural stream carrying water during the wet seasons and
having at least one critical area feature.
A stream that is present at all seasons of the year.
A public or private right-of-way constructed to municipal
standards which affords primary vehicular traffic or pedestrian access
to abutting properties, which includes avenue, boulevard, road, highway,
freeway, parkway and viaduct, but shall not include an alley for the
purpose of this chapter.
A street intersecting another street at one end terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The dividing line between the street, or road and the lot,
also known as the "right-of-way line."
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.
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.
LIMITED ACCESSA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.
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.
A street used primarily for access to abutting properties.
The portion of the street, contiguous to the cartway, for
the accommodation of stopped vehicles, for emergency parking and for
lateral support of base and surface courses of the pavement.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land; for floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
A structure without any foundation or footings and which
is to be removed when the designated time period, activity or use
for which the temporary structure was erected has ceased.
(See "developer" and "applicant.") The owner or authorized
agent of the owner of a lot, tract or parcel of land to be subdivided
for sale or development under the terms of this chapter.
(See "land development" and "resubdivision.") 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.
[Amended 8-20-2018 by Ord. No. 2018-08]
MINOR SUBDIVISIONThe subdivision of a single lot, tract or parcel of land into four or fewer lots, tracts or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or of building development, providing lots, tracts or parcels of land thereby created having frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, street easement, easements of access or need therefor.
MAJOR SUBDIVISIONAny subdivision involving more than four lots, parcels of land or other divisions of land, whether or not they involve new streets, additional utilities or other facilities immediate or future.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) 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 plan showing all present and proposed grades and facilities
for stormwater drainage.
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of land surveying. A professional
land surveyor may perform engineering land surveys but may not practice
any other branch of engineering.
A natural or man-made low-lying stretch of vegetative land
characterized as a depression and used to carry surface water runoff.
A street that has at least two separate and distinct access
points, as a means of ingress and egress for vehicular and pedestrian
traffic.
[Added 12-1-2008 by Ord. No. 2008-17]
A map showing the elevations of the ground by contours or
elevation.
The configuration of a surface area showing relative elevations.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
West Hanover Township, Dauphin County, Pennsylvania.
A single or one-way vehicle movement either to or from a
subject property or study area.
The total of trips entering and leaving a specific land use
or site over a designated period of time.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
That part of the property, structure or building designed
or intended for any type of independent use, which has direct exit
to a public street or way or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements, which is assigned to the property,
structure or building.
Any agency which under public franchise or ownership,
or under certificate of convenience and necessity, provides the public
with electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection or other similar service.
A closely regulated private enterprise with
an exclusive franchise for providing a public service.
West Hanover Township Water and Sewer Authority.
A channel for the conveyance of surface water, such as a
stream or creek, or intermittent stream, having a defined bed and
banks, whether natural or artificial, with perennial or intermittent
flow.
[Amended 3-21-2005 by Ord. No. 2005-3]
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
The addition of pollutants to water in concentrations or
in sufficient quantities to result in measurable degradation of water
quality.
The upper surface of groundwater, or that level below which
the soil is seasonally saturated with water.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. (The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and a wetland area designated by a river
basin commission. This definition is used by the United States Environmental
Protection Agency and the United States Army Corps of Engineers.)
The part, zone or geographic area as depicted on the West
Hanover Township Zoning Map within which certain zoning and development
regulations apply.
