[Ord. No. 2010-09, 8/4/2010]
Shrewsbury Township Zoning Ordinance, as amended (Chapter 27).
Pennsylvania Municipalities Planning Code, Act of 1968, P.L.
805, No. 247, as reenacted and amended, Section 107, Definitions.
Pennsylvania Sewage Facilities Act, P.L. 1535 (Act 537 of 1966,
as amended).
[Ord. No. 2010-09, 8/4/2010]
1.Â
Word Usage. Presume that all words and phrases are used in their
ordinary context unless such word or phrase is defined or interpreted
differently within this Part.
2.Â
Language Interpretation. In this chapter, when not inconsistent with
the context:
A.Â
Words in the present tense imply also the future tense.
B.Â
The singular includes the plural.
C.Â
The male gender includes the female gender.
D.Â
The word "person" includes a partnership or corporation, trust or
association, as well as an individual.
E.Â
The term "shall" or "must" is always mandatory; "may" is always permissive.
F.Â
The word "building" shall be construed as if followed by the words
"or part thereof."
G.Â
The word "street" includes roads, avenues, highways, and lanes.
H.Â
The word "watercourse" includes drains, ditches, creeks and streams.
[Ord. No. 2010-09, 8/4/2010]
As used in this chapter, the following terms shall have the
meanings indicated:
A driveway, street or other means of passage of vehicles
between the highway and abutting property, including an acceleration
lane and a deceleration lane and such drainage structures as may be
necessary for the proper construction and maintenance thereof.
A private drive, other than a driveway, which provides for
vehicular access within land development and/or for all nonresidential
and multifamily uses.
[Amended by Ord. No. 2019-04, 8/7/2019]
Any person, other than the subdivider or landowner of a lot,
who, acting for the subdivider, submits to the Planning Commission
and Township Board of Supervisors subdivision or land development
plans for the purpose of obtaining approval thereof.
A permanent service way providing a secondary means of access
to a lot or lots.
Any landowner, developer, subdivider, or lessee or his authorized
agent who submits plans, data and/or applications to the Zoning Officer
or other designated Township official for obtaining approval thereof.
Every application required to be filed and approved prior
to the 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 land development plan.
Stormwater best management practices (BMPs) that use filtration
to treat stormwater runoff. These systems use vegetation, such as
trees, shrubs, and grasses, to remove pollutants from stormwater runoff.
An area bounded by streets.
Activities, facilities, measures or procedures used to manage
stormwater impacts from land development, to protect and maintain
water quality and groundwater recharge and to otherwise meet the purposes
of this chapter, to include, but not be limited to, infiltration,
filter strips, low-impact design, bioretention, wet ponds, permeable
paving, grassed swales, forested buffers, sand filters and detention
basins.
The Shrewsbury Township Board of Supervisors.
A certificate of debt issued by a corporation to the Township
guaranteeing payment of the original investment plus interest to cover
the cost of proposed public improvements to be dedicated to the Township
by a certain date. A bond is considered financial security.
An agreement executed by a subdivider and a bonding company
authorized to do business in the Commonwealth of Pennsylvania, guaranteeing
the completion of physical improvements to Shrewsbury Township by
the subdivider.
A certificate of debt issued by a corporation guaranteeing payment
of the original investment plus interest to cover 110% of the estimated
cost of proposed public improvements associated with an approved development.
A financial guarantee to the Township for the timely installation
and proper construction of public improvements.
An agreement by a subdivider and a bonding company authorized
to do business in the Commonwealth of Pennsylvania, guaranteeing the
maintenance of completed physical improvements dedicated to Shrewsbury
Township by the subdivider.
A certificate of debt issued by a corporation guaranteeing payment
of the cost of maintenance of public improvements dedicated to the
Township for a certain time frame or of private improvements required
as part of the approved development.
A financial guarantee to the Township for satisfactory function
or operation of the structure or facility for a specified time frame.
A naturally vegetated area or revegetated area established
or managed to protect structures, aquatic resources, wetlands, floodplains
and terrestrial environments.
BUFFER PLANTING STRIPA continuous, pervious planting bed consisting of trees and shrubs, grass or ground cover.
A structure having a roof that is used for the shelter or
enclosure of persons, animals or chattels. The word "building" shall
include any part thereof.
ACCESSORY BUILDINGA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building, including, but not limited to, private garages, carports, utility buildings, tool sheds, noncommercial greenhouses, etc. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
The area of the lot that allows building development to occur.
The building envelope shall not include the area of any required setbacks
(except for driveways which cross yards), buffer yards, floodplains,
or critical environmental areas as defined herein.
A line within and across a lot defining the required minimum
yard between any structure and any adjacent street line.
The standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground for trees four
inches in diameter or less and 12 inches above the ground for trees
over four inches in diameter. For trees greater than 12 inches in
diameter, the trunk is measured at breast height (diameter at breast
height or DBH), which is 4 1/2 feet above the ground.
The surface of a street or alley available for vehicular
traffic; or the area between curbs.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water. Channels include, but shall not be limited to, natural and
man-made drainageways, swales, streams, ditches, canals, and watercourses.
An area of unobstructed vision at all street and driveway
intersections. It is defined by lines of sight between points at a
given distance from the intersection of the street lines.
The Shrewsbury Township Planning Commission.
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.
The Southern York County Regional Comprehensive Plan; the
complete plan for the protection of sensitive environmental systems,
natural resources, man-made features, continuing development and redevelopment
of the Township of Shrewsbury as recommended by the Planning Commission
and currently adopted by the Board of Supervisors.
The Construction and Material Specifications Manual for Subdivision
and Land Developments ("the Manual") is associated with this chapter
but separately adopted by the Board of Supervisors.
[Amended by Ord. No. 2019-04, 8/7/2019]
Lakes, ponds, watercourses, springs, seeps, one-hundred-year
floodplains, wetlands, steep slopes (25% or greater), and buffer areas
identified and delineated pursuant to Part 13 of the Zoning Ordinance
and the Township's Comprehensive Plan.
A right-of-way or easement for pedestrian travel across or
within a block.
A local or minor street intersecting another street at one
end and terminating at the other in a vehicular turnaround.
TEMPORARY CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround with intent to restrict development abutting the turnaround so that the street may be continued for the purpose of accommodating future development or connection to existing rights-of-way to enable through vehicular access.
PERMANENT CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
A structure with appurtenances, including, but not limited
to, headwall(s), wing walls, bank stabilization measures, riprap,
gabions, etc., which carries a watercourse under or through an embankment
or fill.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
Diameter at breast height; diameter of a tree at breast height,
or 4 1/2 feet.
The deliberate appropriation of land by its owner for general
public use.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
The magnitude of precipitation from a storm event, measured
in probability of occurrence (e.g., ten-year storm) and duration (e.g.,
24 hours), used in computing stormwater management control systems.
A vegetative basin designed to drain completely after storing
runoff only for a given storm event and releasing it at a predetermined
rate; also known as a "dry pond."
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.
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, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
PREDEVELOPMENTExisting conditions of undeveloped lands or lands with existing development with respect to natural characteristics such as slope, runoff, percolation or permeability, infiltration, water quantity and quality and other related characteristics that may be impacted or altered by proposed development. Predevelopment conditions set the standard for acceptable post-development conditions.
POST-DEVELOPMENTAnticipated conditions of proposed development or conditions of completed land development with respect to natural characteristics such as slope, runoff, percolation or permeability, infiltration, water quantity and quality and other related characteristics with post-development conditions replicating predevelopment conditions.
The provisions for development, including a planned residential
development, a plat of subdivision and/or land development, 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. A development
plan is also referred to as a "land development plan" and a "subdivision
plan."
Any ditch, gutter, pipe, 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.
An undisturbed area measured 15 feet from the outside edge
of tree canopies of a cluster or grove of trees.
A private vehicular travel way providing access between a
dwelling and/or farm and a street.
[Amended by Ord. No. 2019-04, 8/7/2019]
A building, or portion thereof, that provides complete housekeeping
facilities for one family.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock or earth materials.
A grant of one or more of the property rights by the property
owner to, and/or for, use by the public, a corporation, or other person
in equity, which is subordinate to, but not inconsistent with, the
owner's general property rights.
EASEMENT OF ACCESSAny 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.
CONSERVATION EASEMENTAn easement precluding future or additional development of a lot, parcel or tract of land, generally for a finite period of time.
DRAINAGE EASEMENTAn easement secured for the preservation of natural drainageways, watercourses, corridors and perennial and/or intermittent watercourses, and for related man-made drainage facilities related thereto.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A detailed report of the impact that a development proposal
may have on the environment, including methods and techniques for
mitigating any potentially adverse consequences of said development.
The United States Environmental Protection Agency.
The process by which the land surface is worn away by the
action of wind, water, ice and gravity.
ACCELERATED EROSIONThe removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural processes alone.
A plan which is designed to minimize accelerated erosion
and sedimentation pursuant to 25 Pa. Code, Chapter 102.
A diverse group of techniques used for treating the quality
of stormwater management runoff.
A financial guarantee by the developer/owner to the Township
for the cost of proposed improvements and common amenities related
to land development activities, to include, but not be limited to,
roads, stormwater detention and/or retention basins and other related
drainage facilities, recreational facilities, open space improvements,
or buffer or screen plantings. Acceptable financial security includes
bonds, irrevocable letters of credit, or restrictive or escrow accounts
with a bonding company or federal or commonwealth-chartered lending
institution authorized to conduct such business within the commonwealth.
See also "bond."
A temporary inundation of normally dry land areas.
A relatively flat or low land area that is subject to partial
or complete inundation from an adjoining or nearby watercourse; and/or
any area subject to the unusual and rapid accumulation of surface
waters from any source.
The area adjoining a river, stream, or other watercourse
that will be covered by water during a one-hundred-year flood, where
a one-hundred-year flood is the flood having a one-percent chance
of being equaled or exceeded in magnitude in any given year. The one-hundred-year
floodplain is calculated using statistics, probability, and hydrologic
modeling based on actual historical rainfall data and measurements
of watercourse channel cross sections. The Federal Emergency Management
Agency (FEMA) has developed maps of one-hundred-year floodplains for
most watercourses based on these calculations. The Natural Resources
Conservation Service, USDA, has prepared soil maps delineating areas
of alluvial soils.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
A biological community dominated by trees and other woody
plants.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The Board of Supervisors of Shrewsbury Township.
The degree of rise or descent of a sloping surface. A slope,
usually of a road, channel or natural ground, is specified in percent
and shown on plans as specified herein.
The changing of the natural topography through cutting or
filling by more than one foot in elevation over an area exceeding
1,000 square feet, or in which the natural drainage pattern of a lot
is altered.
Replenishment of existing natural underground water supplies.
That portion of a right-of-way carrying surface drainage.
A peculiar condition or conditions pertaining to the land
subject to subdivision or land development for which a subdivider
or developer may request a modification or waiver.
A permit issued by a district office pursuant to Title 67,
Transportation, of the Commonwealth of Pennsylvania, Chapter 441,
Access to and Occupancy of Highways by Driveways and Local Roads.[1]
Those surfaces that do not readily absorb rain. All buildings,
structures, parking areas, driveways, roads, sidewalks and any areas
in concrete, asphalt, and placed stone shall be considered impervious
surfaces within this definition. In addition, other areas determined
by the Township Engineer to be impervious within the meaning of this
definition will also be classified as impervious.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, utilities, storm sewers, grading, street signs and plantings,
and other items for the welfare of the property owners and the public.
OFF-SITE IMPROVEMENTSThose capital improvements which are not on-site improvements and that serve the needs of more than one development.
ON-SITE IMPROVEMENTSAll improvements constructed on the applicant's property, or the improvements constructed on the property abutting the applicant's property necessary for ingress or egress to the applicant's property, and required to be constructed by the applicant pursuant to this chapter, the Building Code, and the Zoning Ordinance.[2]
ROADWAY IMPROVEMENTThe construction, enlargement, expansion or improvement of public highways, roads or streets. It shall not include bicycle lanes, bus lanes, bus ways, pedestrian ways, rail lines or toll ways.
A structure designed to direct runoff into the ground (e.g.,
french drains, seepage pits, seepage trench, etc.).
A species of plant that has become a weed pest; a plant which
grows aggressively, spreads, and displaces other plants.
SITUATIONAL INVASIVE PLANTSPlant species planted for quick ground cover that become a serious problem when planted, seeded or discarded near native herbaceous communities. These species include: crown vetch, Coronilla varia; English ivy, Hedera helix; *tall fescue, Festuca elatior; *orange daylily, Hemerocallis fulva; periwinkle, Vinca minor; and Chinese and Japanese Wisteria, Wisteria sinensis and wisteria floridbunda.
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; or
A subdivision of land.
Land development shall not include:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
Shall include, but not be limited to, grass and other plantings
such as trees, shrubs and bushes.
The fallen leaves that form the natural floor for woodland.
A map showing the site with relation to adjoining areas.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot with two adjacent sides abutting on streets or other public places which has an interior angle of less than 135° at the intersection of the two street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
DOUBLE-FRONTAGE LOTA lot which extends from one street to another, with frontage on both streets. The front yard is the yard that abuts the street used in the building's address.
IMPROVED LOTAny lot of record and/or any lot within any subdivision properly approved by Shrewsbury Township which either has a principal building constructed thereon or, if no principal building has been so constructed, has frontage upon either a public or private street in suitable condition to permit access for purposes of construction or establishment of a principal building.
INTERIOR LOTA lot other than a corner lot.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, including any area
within a street right-of-way, and including the area of any easement.
LOT COVERAGEThat portion of a lot covered by impervious surfaces, such as, but not limited to, buildings, parking areas, driveways, etc. It does not include impervious surfaces within a street right-of-way.
LOT DEPTHThe mean horizontal distance from the street line of a lot to its opposite rear lot line, measured in the general direction of the side lot lines.
LOT OF RECORDA lot which has been recorded in the office of the Recorder of Deeds of York County, Pennsylvania.
LOT WIDTHThe width of a lot measured at the minimum setback line for the zone in which the lot is located.
REVERSE-FRONTAGE LOTA lot extending between and having frontage on an arterial or collector street and a local street with vehicular access solely from the latter.
UNIMPROVED LOTAny lot of record which is not an improved lot.
A line dividing one lot from another or from a right-of-way.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line; and in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the street line shall be at least twice the normally required rear yard.
SIDE LOT LINEAny lot line which is not a street line or a rear lot line.
A transportable single-family dwelling intended for permanent
occupancy, contained in one 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 assembly operations, and constructed so that
it may be used without a permanent foundation. This definition does
not include manufactured homes (modular) designed for a permanent
foundation.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARKA 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.
MOBILE HOME STAND OR PADThat part of an individual mobile home lot that has been reserved for the placement of a mobile home and appurtenant structures and connections.
An adjustment of the requirements of one or more provisions
if the literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed and preserved.
[Added by Ord. No. 2019-04, 8/7/2019]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[3]
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted.[4]
Shrewsbury Township.
Plants which occurred within Pennsylvania or the Middle Atlantic
States before settlement by Europeans.
A water supply system receiving its supply from a source
that is owned, operated and controlled by a private entity and approved
and permitted by the Pennsylvania Department of Environmental Protection
(DEP) and regulated by the Pennsylvania Public Utilities Commission
(PUC).
An individual on-lot sewage disposal system.
The control of runoff to allow water falling on a given site
to be absorbed or detained on site to the extent that, after development,
the peak rate of discharge leaving the site is no greater than if
the site had remained undeveloped.
The uppermost canopies of leafed limbs of woodland. Examples
of trees that meet this description include black walnut, red oak,
black oak, hickory, white oak, chestnut oak, red maple, black gum,
and black cherry. See "understory."
The owner of record of a lot or parcel of land.
A private agreement suitable for recording in the York County
Recorder of Deeds' office shall be prepared, properly executed, and
recorded with the final subdivision or land development plan and shall
run with the land and shall clearly identify the individual or entity
responsible for the ownership and maintenance of nondedicated improvements.
Said agreement shall be reviewed and approved by the Shrewsbury Township
Board of Supervisors and Township Solicitor and, at a minimum, shall
stipulate the following:
That the owners, an association of property owners, successors
and assigns shall keep all improvements in a safe and attractive manner
and the owner shall convey to the Township easements and/or rights-of-way
to ensure access for periodic inspections by the Township and maintenance,
if required.
That if the owners, association of property owners, successors
and assigns fail to maintain the improvements following due notice
by the Township to correct the problems, the Township may perform
the necessary work or corrective action. The owners or association
of property owners shall reimburse the Township for these services.
The Township shall have the authority to assert a judgment lien against
the said owners or association of property owners for failure to make
said reimbursement(s).
A lot or contiguous group of lots in single ownership or
under single control and usually considered a unit for purposes of
development.
The maximum rate of stormwater runoff from a specific storm
event.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereof.
A test designed to determine the ability of the ground to
absorb water and used to determine the suitability of soil for drainage
or for septic system use.
The map or plan of a subdivision or land development, whether
preliminary or final.
PLAN, FINALA complete and exact subdivision plan, prepared as for official recording, to define property rights and proposed streets and other improvements.
PLAN, PRELIMINARYA tentative subdivision 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.
PLAN, RECORDAn exact copy of the approved final plan prepared for necessary signatures and recording with the York County Recorder of Deeds.
PLAN, SKETCHAn informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision, for discussion purposes only and not to be presented for approval.
A revision to the Township's Official Sewage Facilities Plan
(a plan pursuant to the Pennsylvania Sewage Facilities Act, Act of
January 24, 1966, P.L. (1965) 1535, No. 537 as amended, 35 P.S. § 750.1
et seq.) in connection with the request for approval of a subdivision
or land development in accordance with DEP regulations.
When used in connection with natural and historic resources,
shall include means to conserve or safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
On-street parking areas which utilize curb extensions (also
called "bulbouts") to narrow the overall street width and delineate
the starting and ending points of the parking lane, and may also include
mid-block curb.
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
Planning Code, Act 247, as amended.[5]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84, as amended), known as the "Sunshine Act."[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A water supply system receiving its supply from other than
the proposed development site and which is owned, operated or controlled
by the Township or by a municipal authority, and approved and permitted
by the Pennsylvania Department of Environmental Protection (DEP).
A parcel of land separating a street from adjacent properties,
while not being used or capable of being used as a building lot, open
space, recreation area, or for legitimate environmental protection
purposes.
An impoundment in which stormwater is stored and not released
during the storm event. Stored water may be released from the basin
at some time after the end of the storm.
Land set aside for use by streets, crosswalks or utility
lines.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth, the Township or other legal authority and currently in existence.
That portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
ROADWAY OR STREET WIDTHThe improved or paved width of the street, including the cartway, parking lane and shoulders.
TRAVEL LANEThe portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Any part of precipitation that flows over the land surface.
Soils or other superficial materials transported or deposited
by the action of wind, water, ice or gravity as a product of erosion.
A barrier, dam, retention or detention basin located and
designed to retain rock, sand, gravel, silt or other materials transported
by water.
An area where groundwater slowly oozes to the surface.
An area of excavated earth and fabric filled with loose stone
or similar coarse material, including a cleanout, into which surface
water is directed for infiltration into the ground.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 94), known
as the "Clean Streams Law," as amended.[7]
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste. The term includes:
INDIVIDUAL SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this commonwealth or by means of conveyance to another site for final disposal. The term includes:
INDIVIDUAL ON-LOT SEWAGE DISPOSAL SYSTEM (OLDS)An individual sewage disposal system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.
COMMUNITY SEWAGE SYSTEMA sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units, and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site. See also "nonmunicipal public sewage system."
COMMUNITY ON-LOT SEWAGE SYSTEMA system of piping, tanks or other facilities serving two or more lots and collecting, treating and disposing of sewage into a soil absorption area or retaining tank located on one or more of the lots or at another site.
A protected area set aside to provide for a new drainage
field should the primary on-lot septic system fail.
Any pipe or conduit used to collect and carry sewage or stormwater
runoff from the generating source to treatment plants or receiving
streams.
PUBLIC SANITARY SEWER SYSTEMA sanitary sewer system owned, operated or controlled by a municipality (borough or township) or by a municipal authority and approved and permitted by the Pennsylvania Department of Environmental Protection (DEP).
SANITARY SEWERA sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SANITARY SEWER SYSTEMAll sanitary or combined sewers, all pumping stations, all force mains, all sewage laterals, and all other sewerage facilities located within a sewer authority's sewer service area which are designed and intended for the collection, transportation and/or treatment of sanitary sewage and industrial waste, together with their appurtenances, and any additions, extensions or improvements thereto, irrespective of whether or not such facilities are owned by the Township or an authority.
STORM SEWERA system of conduits that collects and routes stormwater to a surface water discharge point.
An improved walkway, continuous for a reasonable distance
and an integral part of the roadway, constructed solely for use by
pedestrians.
The length of street, measured along the center line, which
is continuously visible from any point 3 1/2 feet above the center
line.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees. See "grade."
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
SOILS, ALLUVIAL/FLOODPLAINAreas subject to periodic flooding and listed in the 2002 or most-recent USDA Soil Survey of York County, Pennsylvania, as being "on, or in, the floodplain" or subject to flooding.
SOILS, HYDRICSoils that are categorized as poorly drained that can support hydrophilic plants, but may not do so in many cases. For the purpose of this chapter, hydric soils are general wetland indicator soils.
A tree that represents outstanding or dominant qualities
for a particular species.
A stone base of not less than 3/4 inch mixed with asphalt.
Areas where the average slope is 25% or greater.
The total amount of precipitation reaching the ground surface.
A program of controls and measures, including BMPs, designed
to regulate the quantity and quality of stormwater runoff from a development
while promoting the protection and conservation of groundwater and
groundwater recharge.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes and infiltration structures.
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:
ARTERIAL STREETStreets serving large numbers of high-speed traffic and connecting population and employment centers and which are designated in the Comprehensive Plan.
COLLECTOR STREETA street or road which carries traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets within such a development.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for satisfactory improvement and use of the street.
LOOP ROADA minor or local street used primarily for access to the abutting properties and generally serving internally developed areas via one point of ingress/egress to another street.
MINOR OR LOCAL STREETA street which is used primarily for access to the abutting properties and generally serving internally developed areas.
PUBLIC STREETA public way, excluding driveways and access drives, which affords the principal means of access to abutting properties, intended to be used by vehicular traffic and pedestrians.
CUL-DE-SACA dead-end street equipped with a circular vehicle turnaround at its terminus.
PRIVATE STREET (or PRIVATE ROAD)A street not offered for dedication or whose dedication was not accepted by the Township.
SERVICE DRIVE OR ALLEYA minor street which is used primarily for vehicles to service access to the rear or the side of properties otherwise abutting a street.
STREET LINEThe dividing line between the street and the lot; also known as the "right-of-way line."
STREET NAME SUFFIXESThe following identify acceptable street name suffixes.
ALLEYA right-of-way providing secondary vehicular access to the side or rear of two or more properties.
AVENUEA wide street or thoroughfare for vehicles, usually lined with trees and sidewalks.
BOULEVARDA broad urban street, often tree-lined and landscaped, possibly separated by a landscaped median between lanes.
CIRCLEA local street within a residential subdivision that intersects a primary street at two points.
COURTA local street providing interior access in a residential development, that may be narrower than the typical street width, that terminates in a cul-de-sac or turnaround area, public or private open space or a common parking lot.
HIGHWAYA main public road connecting populated areas such as towns, cities, suburbs, etc.
LANEA narrow right-of-way, public or private, providing access to rural residential development.
ROADA public or private right-of-way for vehicles.
STREETA public way or thoroughfare for vehicles, usually including sidewalks lining one or both sides.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any person, firm, partnership or corporation who subdivides
land deemed as a subdivision as defined by this chapter, said person,
firm or corporation acting as owner or authorized agent of the landowner.
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 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.
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision, including, but not limited to, subdivision of more than five lots or dwelling units or any size subdivision requiring any new public streets or extension of Township or public facilities.
Any subdivision in which no public street is constructed or
is required to be widened; no other completion of public improvement
or guarantee thereof is required other than individual on-lot stormwater
management systems; no earthmoving activities will take place except
those incidental to construction of a single-family dwelling on each
lot; and no more than five lots are created.
Any land development which proposes no more than one commercial,
industrial or intensive livestock structure.
A committee of Township staff, including, but not limited
to, the Township Engineer and Township Zoning Officer, to discuss
and review the applicability of the provisions of this chapter with
a prospective applicant for subdivision and/or land development.
The layer of soil between the topsoil and bedrock.
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 pursuant to this chapter) 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 professional surveyor licensed as such in the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soil, including the organic layer in which plants
have most of their roots.
Shrewsbury Township, York County, Pennsylvania, as represented
by the Board of Township Supervisors, or their duly authorized agent.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
All contiguous land owned by the same landowner and all land
owned by the same landowner that is contiguous except for the presence
of public or private roads and/or the presence of lots or parcels
subdivided from the original tract since November 10, 1976.
Traffic or transportation planning analyses of the proposed
development on the transportation network in order to identify both
on-site and off-site roadway and intersection improvements necessary
to adequately and safely accommodate the proposed development. The
study analysis must be prepared by an engineer licensed by the commonwealth
or otherwise educated and experienced to perform traffic or transportation
planning analysis dealing with planning, geometric design and traffic
operations of highways, roads and streets, their networks and related
topics. This analysis is support documentation for a preliminary plan,
and all recommended on-site improvements shall be reflected on said
plan.
The coverage of the ground by the uppermost leafed limbs
of trees.
All wooded areas, tree clusters and individual, isolated
trees located outside of the designated building envelope. This area
is maintained in leaf litter or the natural forest floor rather than
converted to lawns, gardens or regraded, filled or otherwise altered
or disturbed.
The canopy of leafed limbs formed under the overstory. Trees
that often meet this description include sassafras, dogwood, and serviceberry.
See "overstory."
Any activity carried on or intended to be carried on in a
building or other structure or on a lot.
ACCESSORY USEA subordinate use listed in the Township's Zoning Ordinance[8] normally located on the same lot with a principal use.
If no principal use exists on a lot with a lawful accessory use, then
such accessory use shall be considered a principal use.
[Amended by Ord. No. 2019-04, 8/7/2019]
PRINCIPAL USEThe primary purpose or purposes for which a lot is occupied as listed in the use regulations for each zoning district in the Township's Zoning Ordinance. If more than two principal uses occupy a single lot, each such use must be positioned so that the lot on which such uses are located could subsequently be subdivided, separating each use yet meeting all applicable district dimensional requirements. This restriction does not apply to lots with only two uses.
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. This does not include septic tanks.
Water flowing within a stream, channel, ditch, conduit, gully
or ravine, which is either naturally or artificially created and contains
an intermittent or perennial base flow of groundwater origin.
Any natural or artificial stream, including, but not limited
to, a river, creek, ditch, channel, conduit, waterway, gully, ravine,
or wash, flowing in a defined bed or channel, including any area adjacent
thereto, which is subject to inundation by reason of overflow or floodwater.
It need not flow continuously.
Those areas that are inundated or saturated by surface water
or groundwater of a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturate soil conditions, commonly known
as "hydrophytic vegetation." Wetlands include, but are not limited
to, swamps, marshes, bogs and similar areas. The determination of
whether an area is a nontidal wetland shall be made in accordance
with the publication known as the "Federal Manual for Identifying
and Delineating Jurisdictional Wetlands," published in 1987, and as
may be amended, and/or hydric soil identification based on the 2002
or most-recent USDA Soil Survey of York County.
See "forest."
An open, unoccupied space, unobstructed from the ground up,
on the same lot with a structure, extending along the entire length
of a lot line or street line and inward to the structure. The size
of a yard shall be measured as the shortest distance between the structure
and a lot line or street line.
FRONT YARDA yard between a structure and street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the front yard is that yard abutting the street used in the building's address.
REAR YARDA yard between a structure and rear lot line and extending the entire length of the rear lot line. If the lot fronts on more than one street, the rear yard is the yard opposite the yard abutting the street used in the building's address.
SIDE YARDA yard between a structure and side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
[1]
Editor's Note: See 67 Pa. Code, Chapter 441.
[3]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
