When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
100-YEAR FLOODPLAIN
Also known as "1% annual chance flood," areas designated
as being within the 100-year floodplain on official federal floodplain
mapping. Such mapping is generally intended to show areas that have
a one-percent chance of being flooded each year.
APPLICANT
A landowner or developer who has filed an application for
a subdivision or land development, including his/her heirs, successors
and assignees.
BLOCK
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township or by any combination of the above.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. This shall include all manufactured/mobile
homes and trailers used for human habitation.
CARTWAY
The paved portion of a street or highway designed for vehicular
traffic and paved areas intended for on-street parking.
CHAPTER, THIS
The Lower Allen Township Subdivision and Land Development
Ordinance, as amended, and any provisions thereof, enacted by the
Board of Commissioners.
CLEAR SIGHT TRIANGLE
A triangular area required to be designed at street intersections
to avoid the placement of certain types of sight obstructions. This
triangular area is defined by lines along each street, connected by
a third longer leg of the triangle.
COMMISSION
The Planning Commission of Lower Allen Township.
CONDOMINIUM
The definition in the State Uniform Condominium Act shall apply.
DEP
The Pennsylvania Department of Environmental Protection and
its successor agencies.
DEVELOPER (SUBDIVIDER)
Any landowner, agent of such landowner or tenant with permission
from a landowner who makes or causes to be made a subdivision of land
or land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations and the subdivision
of land, as well as sewage disposal systems and water supply systems.
DEVELOPMENT AGREEMENT
An agreement in a form and manner acceptable to the Township
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
EASEMENT
A grant by the property owner to the public, a corporation,
a person, or group of persons, or another tract of land or a use of
land for specified purposes.
ENGINEER, PROFESSIONAL
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP
The registered professional engineer designated by the Board
of Commissioners to perform all duties required of the Township Engineer
by the provisions of this chapter.
FINISHED GRADE
The proposed elevation of the land surface of a site after
the completion of all site preparation work.
GRADE
The elevation of ground or paving.
LAND DEVELOPMENT
A.
The improvement of one or two or more contiguous lots, tracts
or parcels of land for any purpose involving either or both of the
following:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single principal
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
B.
The following shall not, by themselves, be considered a land
development:
(1)
The construction of only one accessory agricultural building
that is not intended for the storage of animal wastes or the housing
of animals.
(2)
The conversion of a one- or two-family dwelling into a maximum
of three dwelling units.
(3)
The construction of structures, stormwater controls or parking
lots that do not involve any new building.
(4)
The construction or placement of residential accessory buildings/structures.
(5)
The establishment of an allowed accessory use within an existing
building.
(6)
The conversion of an existing building into a single different
permitted use.
C.
The following are examples of applications that shall be considered
a land development:
(1)
A new principal building intended to be occupied by a nonresidential
use.
(2)
A manufactured/mobile home park.
(4)
Multiple residential buildings on a single lot.
D.
See §
192-30A, which states which type of land developments need a preliminary plan.
LOT
A contiguous area of land within defined lot lines that is
a distinct and legally recorded separate parcel of land according
to the official records of the Cumberland County Recorder of Deeds.
LOT LINE ADJUSTMENT
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
A.
No new lots will be created beyond what was previously approved;
B.
No additional street segments or changes in alignment are proposed
other than what was previously approved;
C.
No additional nonconformities will be created nor existing nonconformities expanded under Chapter
220, Zoning; and
D.
No new land development will occur other than land development
that was previously approved or buildings to support crop farming.
LOT, REVERSE FRONTAGE
A lot that abuts a public street on one side of the lot,
but has vehicular access only from a public street on the opposite
side of the lot.
MAINTENANCE AGREEMENT
An agreement, in a form and manner acceptable to the Board
of Commissioners, requiring the developer of required improvements
to make any repairs or reconstructions and to maintain such improvements
for a certain period.
MAINTENANCE GUARANTY
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that required improvements shall be maintained by the developer. (NOTE:
these guaranties typically include irrevocable letters of credit,
performance bonds, escrow agreements and other similar collateral
or surety agreements.)
MANUFACTURED/MOBILE HOME SPACE
An area of land in a manufactured/mobile home park, improved
with the utilities and other improvements needed for the placement
of a single manufactured/mobile home, with the land leased or rented
by the park owner to the occupants of the mobile home.
OPEN SPACE
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas but may include areas occupied
by walkways, play equipment and other noncommercial outdoor recreation
facilities.
OPEN SPACE, COMMON
Permanently preserved open space that meets the applicable requirements of Chapter
220, Zoning, and common open space provisions of §
192-60 of this chapter. See also "recreation land."
OPEN SPACE, PUBLIC
Common open space owned by a government agency or the Township
for public recreation.
PATHWAY
A pedestrian accessway which is not adjacent to a street
or access drive and conforms with this chapter.
PENNDOT
The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTY
Financial security which is acceptable to the Board of Commissioners
to ensure that the developer will install required improvements. (NOTE:
this typically includes irrevocable letters of credit, performance
bonds, escrow agreements and other similar collateral or surety agreements.)
PLAN
A map of a land development or subdivision and accompanying
notations.
A.
SKETCH PLANAn informal plan, identified with the title "sketch plan" on the plan, indicating the general layout of the proposed subdivision or land development.
B.
PRELIMINARY PLANA complete plan identified with the title "preliminary plan," accurately showing proposed streets and lot layout and such other information as required by this chapter.
C.
FINAL PLANA complete and exact plan identified with the title "final plan," including the plan prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
PUBLIC MEETING, REGULAR PLANNING COMMISSION
A regular meeting of the Planning Commission at which the
Commission is authorized to conduct official action and which has
been scheduled based upon an annual meeting schedule (as may be adjusted
by the Chairperson) and which is not a workshop meeting.
PUBLIC NOTICE
As defined by the Pennsylvania Municipalities Planning Code,
as amended.
RECREATION LAND
Land that is set aside for noncommercial recreation uses and that complies with §
192-60 of this chapter.
SEWAGE DISPOSAL SYSTEM
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of Pennsylvania DEP and
the Township.
A.
CENTRAL SEWAGE SERVICEService by a sewage disposal system which collects, treats and disposes sewage from more than one lot.
(1)
PUBLIC SEWAGE SERVICECentral sewage service with the mains and the treatment facility owned or operated by a municipality, a public authority or the county.
B.
ON-LOT SEWAGE SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one lot.
SIDEWALK
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
SOIL SURVEY
The latest version of the official Soil Survey of Cumberland
County, published by the U.S. Natural Resource Conservation Service
(formerly "Soil Conservation Service"), or more updated and detailed
information prepared by such agency.
STEEP SLOPE
An area of fifteen-percent-or-greater slope.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property or that is a limited access highway,
but not including an alley or a driveway.
STREET, CUL-DE-SAC
A type of street which is terminated at one end by a permitted
turnaround and which intersects another street at the other end.
STREET, FRONTAGE OR SERVICE
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
STREET, PRIVATE
A street that is not owned or maintained by the state or
the Township.
STREET, STUB
A street or portion of a street with only one vehicular outlet,
but which has a temporary turnaround and which is designed to be continued
when adjacent land is subdivided or developed.
SUBDIVISION
The definition in the Pennsylvania Municipalities Planning
Code, as amended, shall apply. As of the enactment date of this chapter,
this definition was as follows:
A.
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.
B.
The subdivision by lease of land for agricultural purposes into
a parcel of more than 10 acres, not involving any new street or easement
of access or residential dwellings, is not a subdivision.
SUBDIVISION ADMINISTRATOR or PLANS ADMINISTRATOR
The staffperson(s) charged by the Board of Commissioners
with the responsibility of administering the subdivision application
submission procedure. Said staffpersons shall be the Township Engineer
and Zoning Officer of Lower Allen Township to and until the Board
of Commissioners, by resolution, shall designate an alternative person.
SUBDIVISION, MAJOR
Any subdivision of land which does not qualify as a "minor
subdivision."
SUBDIVISION, MINOR
A proposal involving land, other than a land development,
which is either:
A.
A lot line adjustment; or
B.
A subdivision:
(1)
That results in up to three total single-family detached residential
lots (including the existing lot and up to two new lots);
(2)
Which does not involve an extension or new segment of a street (other than what was previously approved), except that a minor subdivision may utilize a private street if it meets the requirements of §
192-57 regarding private streets; and
(3)
Which has not involved the final subdivision approval of two
or more new lots from the same parent tract since after the enactment
date of this chapter.
SUBSTANTIALLY COMPLETED
In the judgment of the Township Engineer, at least 90%. (based
upon 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.
TOWNSHIP
Lower Allen Township, Cumberland County, Pennsylvania. Unless
otherwise stated, this shall mean the Board of Commissioners and their
authorized agents.
USGS
United States Geological Survey or its successor agency.
VEHICLE TRIP
A vehicle movement in one direction with the origin or destination
within the study area.
WALKWAY
A strip of land, including a right-of-way dedicated to public
use in order to facilitate pedestrian and bicycle access through or
into a block.
WATERCOURSE
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.