In this ordinance, the following rules of interpretation shall
be used:
A.
The word "lot" includes the words "plot" or "parcel."
B.
Words in the present tense may imply the future tense.
C.
Words used as singular imply the plural.
D.
The masculine gender includes the feminine and neuter genders.
E.
The word "person" includes a partnership, corporation, association,
trust, estate or any other legally recognized entity as well as an
individual.
F.
The word "shall" is to be interpreted as mandatory; the word "may"
as directory.
G.
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions, or agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions or agencies
or officials of the Township of West Hempfield as in effect or office
from time to time, including amendments thereto or revisions or successors
thereof, unless the text indicates another reference is intended.
Unless otherwise stated, the following words and phrases shall
be construed throughout this ordinance to have the meanings indicated
in this section:
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Township subdivision
or land development plans for the purpose of obtaining approval thereof.
The use of land for farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, and animal and poultry husbandry
and the necessary accessory uses for packing, treating or storing
the produce and equipment for housing and feeding the animals and
housing the equipment. The use of land for a dwelling site is not
an agricultural purpose.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
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 plot or plan or for the approval
of a land development plan.
A provider of public sanitary sewer and/or public water service
within the Township other than the Township. The term "authority"
includes, but shall not be limited to, the Lancaster Area Sewer Authority,
the Municipal Authority of the Township of East Hempfield, the City
of Lancaster, and Columbia Water Company.
An area bounded by streets.
The West Hempfield Township Board of Supervisors.
Any enclosed or open structure, other than a boundary wall,
boundary fence or farm fence, occupying more than 16 square feet of
area and/or having a roof supported by columns, piers or walls; any
addition to an existing nonresidential building occupying more than
16 square feet. Provided, however, than an accessory residential building
or structure, including but not limited to a detached or attached
garage, utility shed, tennis court or swimming pool, shall not be
considered a separate building and shall not require the submission
of a land development plan.
The building envelope is that area of the lot which has no
building restrictions concerning the physical placement of the structure.
The building envelope shall not include the area of any required setbacks
(except for driveways which cross yards), buffer yards, or floodplains.
A line within a property defining the required minimum distance
between any structure and the adjacent right-of-way line or property
line.
The portion of a street or alley intended for vehicular use.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the centerlines of both streets.
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 sewage disposal system, other than a public sewer system,
which provides sewage disposal for two or more units of occupancy
which shall comply with all applicable regulations of the Department
of Environmental Resources or other regulatory agency.
A water supply system, other than a public water system,
providing water for more than two units of occupancy which shall comply
with all applicable regulations of the Department of Environmental
Resources or other regulatory agency.
The plan, or parts thereof, which has been adopted by the
Board of Supervisors showing its recommendations for such systems
as parks and recreation facilities, water supply, sewerage and sewerage
disposal, transportation highways, civic centers and other public
improvements which affect the development of the Township.
A lot abutting upon two streets at their intersection.
The amount which the Township Engineer estimates that the
Township would be required to expend in order to complete the improvements
proposed by a subdivider or land developer in a subdivision or land
development plan in the event the subdivider or land developer fails
to complete such improvements within the time set forth in the subdivision
or land development plan or otherwise agreed upon, which estimate
shall take into consideration anticipated inflation in construction
costs, bid preparation costs, and other costs which the Township will
incur in the event it is required to complete the proposed improvements.
The Lancaster County Planning Commission.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
All curbs shall be constructed in accordance with the specifications
in this ordinance or any other ordinance enacted by the Board of Supervisors
setting requirements for the construction of roads, curbs and sidewalks.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania or any agency successor thereto.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto, also known as "PennDOT."
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development; a subdivider.
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 or development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the Development Plan" shall mean written and graphic materials referred
to in this definition.
A lot, other than a corner lot, fronting on two streets.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of carrying surface
waters off streets, public rights-of-way, parks, recreational areas,
or any part of any subdivision or contiguous land areas.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property which
shall comply in all respects with the Zoning Ordinance[1] and any ordinance regulating the placement and/or construction
of driveways which may be enacted by the Board of Supervisors.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A limited right of use granted in private land for a public
or quasi-public purpose.
Any driveway or other entrance from a public or private road.
A field road providing access to agriculturally used fields and not
providing access to any residential, commercial or industrial structure
is not considered an easement of access.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A letter of credit or other form of guarantee in accordance
with the requirements of Article V of the Municipalities Planning
Code posted by a developer to secure the completion of improvements
indicated on an approved plan.
The area between the floodplain boundary and the one-hundred-year-encroachment
boundary. The flood-fringe is associated with flowage (from a flowing
or periodic stream or swale) and is not dead water as defined in "pondage"
below.
The area of inundation which functions as a storage or holding
area for floodwater to a width required for a one-hundred-year-flood.
The location of a floodplain shall be established in accordance with
§ 608.
Any combination of structural and/or nonstructural provisions,
additions, changes or adjustments, structures or contents which are
designed or adopted primarily to reduce or eliminate flood damage
to those structures or contents.
That land on which the elevating of land surface (filing)
or construction of structures would cause significant increase in
water elevation at or above the site. This is the principal flow carrying
(conveyance) part of the natural cross-section of the stream (flowing
or periodic) at a given stage of erosional development and encroachment
upon it will increase flood heights. No increase in flood height will
be allowed. The boundary of the floodway will be determined by HEC-2
(United States Army Corps of Engineers, Hydrologic Engineering Center)
Encroachment Computation or other means acceptable to the Township
Engineer.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet.
That portion of a right-of-way carrying surface drainage.
A condition, not economic in nature, not caused by the applicant
or developer for which he/she may request a waiver.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit
owners' association. All such associations shall comply with
the requirements for unit owners' associations contained in the
Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, stormwater management facilities, grading, street
signs and plantings, and other items for the welfare of the property
owners and the public.
Any of the following activities:
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1.
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The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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a.
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A group of two or more residential or nonresidential buildings,
whether proposed initially or accumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
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b.
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The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features; or
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2.
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A subdivision of land.
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Provided, however, that the conversion of an existing single-family
detached or single-family semidetached dwelling into not more than
three residential units and the erection of an accessory agricultural
building which is not used for the housing of animals shall not be
considered a land development.
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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 he/she
is authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
A map showing the site with relation to adjoining areas.
A plot or parcel of land which is or, in the future, may
be offered for sale, conveyance, transfer or improvement as one parcel,
regardless of the method in which title was acquired.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, not including any
area within a street right-of-way.
The width of a lot measured at the minimum building setback
line. For a flag lot the lot width shall be measured at the flag and
the entire area of the flag shall conform to the minimum lot width.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit or in two or more units designed to
be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of mobile homes.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building providing separate living quarters for two or
more families.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
Any use other than single- or multi-family dwellings. An
institutional use in which persons may reside, such as a dormitory,
prison, nursing home or hospital, shall be considered a nonresidential
use.
The owner of record of a parcel of land.
An area on a lot containing any use other than agriculture
or one single-family detached dwelling for the parking of three or
more motor vehicles.
The map or plan of a subdivision or land development, whether
preliminary or final.
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A.
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PLAN, IMPROVEMENT CONSTRUCTION — A complete and exact
subdivision and/or land development plan, the sole purpose of which
is to permit the construction of only those improvements required
by this ordinance, as an alternative to guaranteeing the completion
of those improvements by the posting of financial security in accordance
with the requirements of Article V herein.
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B.
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PLAN, SKETCH — An informal plan, not necessarily to scale,
indicating salient existing features of a tract and its surroundings
and the general layout of the proposed subdivision or land development
for discussion purposes only and not to be presented for approval.
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C.
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PLAN, PRELIMINARY — A tentative subdivision or land development
plan, in lesser detail than a final plan, showing the salient existing
features of a tract and its surroundings and approximate proposed
street and lot layout as a basis for consideration prior to preparation
of a final plan.
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D.
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PLAN, FINAL — A complete and exact subdivision or land
development plan, prepared as for official recording, to define property
rights and proposed streets and recording with the Recorder of Deeds.
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The West Hempfield Township Planning Commission.
That land on which water is stored as dead water as the flood
rises. The pondage area is not to be associated with flowing streams
and does not contribute to the downstream passage of flow for storms
up to and including the one-hundred-year-event. Pondage may occur
as naturally closed contours or as areas subject to flooding due to
inadequate downstream structures. Construction may take place in the
pondage area as long as there is no increase in the one-hundred-year-flood
height and it is not in conflict with the Zoning Ordinance.[2]
A municipal sanitary sewer system approved and permitted
by the Department of Environmental Resources and owned by an Authority
or Township.
A municipal water supply facility approved and permitted
by the Department of Environmental Resources and owned by an Authority
or Township, or a water supply facility owned by a public utility
and operated in accordance with a certificate of public convenience
granted by the Pennsylvania Public Utility Commission.
The Recorder of Deeds in and for Lancaster County, Pennsylvania.
Any subdivision or transfer of land laid out on a plan which
has been approved by the Board of Supervisors which changes, or proposes
to change, property lines and/or public rights-of-way not in strict
accordance with the approved plan.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
Land set aside for use as a street, alley or other means
of travel.
The length of street measured along the centerline which
is continuously visible form any point three feet above the centerline.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct
and any other ways used or intended to be used by vehicular traffic
or pedestrians, whether public or private. Streets are further classified
as follows:
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1.
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ARTERIAL STREET/HIGHWAY — A street or road which is used
primarily for fast or heavy traffic, including all roads classified
as main or secondary highways by the Pennsylvania Department of Transportation.
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2.
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COLLECTOR STREET — A street which carries traffic from
minor streets to the major system or arterial streets, including the
principal entrance streets of a residential development and streets
within such a development.
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3.
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LOCAL STREET — A street which is used primarily for access
to the abutting properties.
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4.
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ALLEY — A minor street which is used primarily for vehicle
access to the back or the side of properties otherwise abutting a
street or for placement of utilities.
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A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Also known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A developer.
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 by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the division 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.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
The Township of West Hempfield, Lancaster County, Pennsylvania,
as represented by the Board of Supervisors or its duly authorized
agents.
All contiguous land owned by the same landowner and all land
owned by the landowner on March 14, 1978, which is or was contiguous
except for the presence of public or private roads and/or the presence
of lots or parcels adversed from the original tract since March 14,
1978.
Land in parcels sufficiently large for future subdivision
which is presently in agriculture, woodland or lying fallow.
A unit, the use of which is not subordinate or customarily
incidental to a principal unit. A unit of occupancy can be either
residential or nonresidential and can be an independent unit within
a structure or a separate detached structure. Types of units are as
follows:
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1.
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SINGLE DETACHED UNIT — A unit that is completely surrounded
by open space.
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2.
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SEMIDETACHED UNIT — A unit within a structure in which
two units are side by side, each having open space on three sides
(e.g., a twin or semidetached dwelling).
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3.
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HORIZONTALLY ATTACHED UNIT — A unit within a structure
in which three or more units are attached by vertical walls and do
not have horizontal divisions between units (e.g., townhouses, rowhouses,
shopping center with multiple storefronts).
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4.
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VERTICALLY ATTACHED UNIT — A unit within a structure in
which two or more units are attached by horizontal divisions (e.g.,
multistory apartment building or multistory office building).
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The granting of an exception to these regulations which,
in the opinion of the Board of Supervisors, will not be detrimental
to the general welfare, impair the intent of these regulations or
conflict with the Zoning Ordinance[3] or Comprehensive Plan.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water-carried wastes from residences, commercial buildings,
industrial plants, and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks).
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of potable water from a centralized water supply or source to residences,
commercial buildings, industrial plants, or institutions (not including
individual on-lot wells).
A permanent topographic feature, whether natural or man-made,
that serves to gather and carry flowing surface water, such as a permanent
or intermittent stream, a river, creek, brook, run or swale, and which
is measured by the width of the channel during normal high water.
Those areas defined as wetlands under Section 404 of the
United States Federal Water Pollution Control Act, 33 U.S.C. 1344(a),
and the regulations promulgated by the United States Army Corps of
Engineers implementing Section 404, including but not limited to 33
C.F.R. § 3263.
The West Hempfield Township Zoning Ordinance,[4] as enacted by the Board of Supervisors and as may be amended
from time to time.
