The following words and phrases, as used in
this chapter, shall have the meanings hereby ascribed thereto unless
the context clearly indicates a different meaning.
A.
The following words are defined in order to facilitate
the interpretation of the chapter for administrative purposes and
in the carrying out of duties by appropriate officers and by the Planning
Commission.
B.
Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meaning herein indicated.
D.
Words used in the present tense simply imply the future
tense.
E.
Words used in the singular imply the plural.
F.
The word "person" includes a partnership or corporation
as well as an individual.
G.
The word "shall" is to be interpreted as mandatory,
the word "may" as discretionary and complied with unless waived.
H.
The masculine includes the feminine.
As used in this chapter, the following terms
shall have the meanings indicated:
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, lodging area,
drive-in service window or other facility within a land development.
An access drive used or expected to be used by more than
1,500 vehicles per day. (67 Pa. Code Chapter 441)
An access drive used or expected to be used by more than
25 but less than 750 vehicles per day. (67 Pa. Code Chapter 441)
An access drive used or expected to be used by more than
750 but less than 1,500 vehicles per day. (67 Pa. Code Chapter 441)
An access drive used or expected to be used by not more than
25 per day. (67 Pa. Code Chapter 441)
Any person other than the applicant, who, acting for the
applicant, submits to the Township Board of Supervisors land development
or subdivision plans for the purpose of obtaining approval thereof.
The use of land for farming, dairying, pasturage, agriculture,
horticulture, viticulture or animal or poultry husbandry, including
the necessary accessory uses for packing, treating or storing the
produce and equipment or housing and feeding the animals and/or the
use of dwellings for families headed by a full-time farm worker. Includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program
under an agreement with an agency of the federal government.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether sketch, preliminary or final plan,
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 plan or for the approval
of a development plan.
This amount is determined by taking the arithmetic average
of all open-market residential lot sales in Springettsbury Township
for the previous year. Open-market sales shall not include multiple
property/single consideration, nominal consideration, family member,
forced sale or partial interest sales as defined by the York County
Assessor's Office. This figure will be calculated on an annual basis
and established by the Board of Supervisors.
Any structure on a lot having a roof supported by columns
or wall and intended for the shelter, housing or enclosure of persons,
animals or chattel and including covered porches or bay windows and
chimneys.
A building subordinate to and detached from the principal
building on the same lot, the use of which is customarily incidental
and subordinate to that of the principal building, including utility
sheds. Farm buildings not intended for habitation are considered to
be accessory buildings.
A line, parallel to the front, side or rear lot line, set
so as to provide the required yard.
A building which is the main or principal structure on the
lot and in which the primary use of the lot is located.
The area of a street, road or alley used for vehicular traffic.
The area of unobstructed vision at street intersections defined
by the center lines of streets and by a line of sight between points
on their center lines at a given distance from the intersection of
the street center lines.
The Planning Commission of the Township.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805,
No. 247, as reenacted and amended, consisting of maps, charts and
textual material that constitutes a policy guide to decisions about
the physical and social development of Springettsbury Township, as
amended from time to time.
A right-of-way, municipally or privately owned, at least
12 feet wide, which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
A street with a single common ingress and egress ending with
a circular paved turnaround.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
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 land, including
but not limited to the construction, reconstruction, renovation, repair,
expansion or alteration of buildings or other structures; the placement
of manufactured homes; streets and other paving; utilities; filling,
grading and excavation; mining, dredging, drilling operations; storage
of equipment or materials; and subdivision of land.
This figure is a percentage of the total average lot price
that development actually costs on a per-lot basis. The figure would
include the costs for streets, sidewalks, curbing, utilities, etc.
This value, expressed as a percentage in the fee-in-lieu-of-land-dedication
formula, would be established by the Township Engineer.
A paved or unpaved surface, other than a street or access
drive, which is intended to provide vehicular access from a street
or private lane to a single residential dwelling unit.
Any structure, or part thereof, designed to be occupied as
a living quarters for one family.
A right granted to use certain land area for a special purpose
consistent with the general property rights of the owner.
The appropriate licensed professional as authorized by the
Registration Act of the Commonwealth of Pennsylvania to perform the
specified services.
The engineering specifications of the Township as adopted
by resolution of the Board of Supervisors regulating the installation
of any required improvements or for any facility installed by an owner
subject to public use.
The area along a natural watercourse which is periodically
overflowed by water therefrom and defined by the U.S. Geologic Survey
or the Federal Emergency Management Agency, and alluvial soils as
established by the Soil Conservation Service, or the one-hundred-year
floodplain as described by engineering data.
Any physical addition, installation and change required to
render land suitable for the use intended, including, but not limited
to, streets, grading, paving, curbing, streetlights and signs, fire
hydrants, water mains, electric service, gas service, sanitary sewers,
storm drains, sidewalks, crosswalks, driveways, culverts and landscaping.
Any improvement intended or permitted only for the duration
of construction. The improvement shall not be permitted to remain
for more than two years or for the duration of a single phase of construction
as determined by the Township Engineer.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
[Amended 3-25-2010 by Ord. No. 2010-03]
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.
The addition of 3,500 or more square feet of impervious surface
coverage.
A commercial building addition of 1,000 or more square feet.
The construction of a new driveway or accessway onto a major
arterial, minor arterial or collector street.
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. However, the following
shall not be considered a land development:
The addition of an accessory building, including
a farm building, on the same lot as the principal building, except
that the total area covered by nonfarm farm accessory buildings shall
not comprise more than 25% of the total area of the first floor of
the principal building and shall not be more than 1,000 square feet,
whichever is less.
It shall be noted that the above exclusion is
required to conform with all other applicable ordinances and regulations
of the Township.
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. See also, “owner.”
Any street or combination of streets that does not intersect
with a through street at two or more separate and distinct locations.
A loop street includes any street or system of streets that relies
on one intersection with a through street as a means of ingress and
egress for vehicular traffic.
A designated parcel, tract or area of land established by
a plan or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of an individual
parcel of land, excluding any area within a street right-of-way, but
including the area of any easement.
A lot with two adjacent sides abutting on streets which have
an interior angle of less than 135º at the intersection of the
two street center 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 135º.
A lot abutting two parallel or approximately parallel streets.
A lot between an arterial street and a minor street with
vehicular access only from the minor street.
Width of a lot measured at the building setback and at the
right-of-way line for the various zoning districts per this chapter.
Anything that is not a minor subdivision as defined in this
chapter.
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 manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
A parcel of contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement of manufactured homes.
A residential subdivision which creates no additional lots
and no additional buildings, structures, roads, public or private
utilities, or any improvements of any nature.
A waiver, granted by the Township Board of Supervisors, from the terms of this chapter where literal enforcement would create unnecessary hardship as a result of peculiar conditions pertaining to the land in question, provided that the modification will not be contrary to the public interest and that the purpose and intent of this chapter and Chapter 325, Zoning, and the Comprehensive Plan are observed.
A lot that is adjacent to the roadway that interrupts the
frontage of another lot.
An agreement by and between a contractor and a bonding company
in favor of the developer and the Township Board of Supervisors guaranteeing
the completion of physical improvement.
Any individual, corporation, cooperative, partnership, firm,
association, trust, estate, private institution, group, agency or
any legal successor, representative, agent or agency thereof.
The map or plan of a subdivision or land development whether
sketch, preliminary or final:
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 land development for discussion purposes only and not presented for approval.
PLAN, PRELIMINARYA 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.
PLAN, FINALA complete and exact plan prepared for official recording to define property rights and proposed streets and other improvements.
Includes:
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including, but not limited
to:
Sports (individual, dual, team, co-recreational
and combative), athletics, both land- and water-based.
Arts and crafts, spectating, picnicking, nature
study and board games.
Dance, drama, music, games, social recreation,
special events, hiking/walking, cycling, hobbies, outdoor educational
activities and cultural activities.
Any area which can be easily approached, entered and used
by the citizens of a particular residential development, provided
that the area is within the same recreation district as the development.
The amount of land in any given subdivision or land development
that would be dedicated for recreation where the fee-in-lieu-of-land-dedication
provision is not being utilized.
A strip of land, whether public or private, occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
shade trees or for another special use. If the right-of-way involves
maintenance by a public agency, it shall be dedicated to public use
by the maker of the plan on which such right-of-way is established.
A pipe for conveying sewage and excludes stormwater, surface
water and groundwater.
The legally designated authority of the Township of Springettsbury
or his authorized representative.
A paved walkway continuous for a reasonable distance, with
or without a grass strip between the curb or cartway edge and sidewalk,
constructed solely for use by pedestrians.
The distance required by a driver traveling at a given speed
to stop the vehicle after an object in the roadway becomes visible
to the driver.
A pipe for conveying rain water, surface water, condensation,
cooling water and similar liquid waste, exclusive of sewage or industrial
waste.
The map adopted by the Board of Supervisors of Springettsbury
Township classifying the streets and roads of the Township as major
arterial, minor arterial, collector or local.
“Streets” includes streets, avenues, boulevards,
roads, highways, freeways, parkways, lanes, alleys, viaducts and any
other ways used or intended to be used by vehicular traffic, whether
public or private. The streets in Springettsbury Township, classified
as major arterial, minor arterial, collector and local, are shown
on the Springettsbury Township Street Map. Streets are further classified
as follows:
LIMITED ACCESS HIGHWAYStreet, highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the Pennsylvania Department of Transportation or other public authority having jurisdiction over such highway, street or roadway.
MAJOR ARTERIALRoadways that are important in the interregional transportation system, with a major portion of the vehicular movements being through traffic. Any roadway projected to have an average daily traffic volume greater than 10,000 vehicles at the time the development is completed shall be considered a major arterial for the purposes of this chapter.
MINOR ARTERIALRoadways that are important in the regional transportation system and, while carrying mostly regional traffic, serve some local or Township origins and destinations. Any roadway projected to have an average daily traffic volume greater than 3,000 but less than 10,000 vehicles at the time the development is completed shall be considered a minor arterial for the purposes of this chapter.
COLLECTORRoadways serving primarily local traffic and providing the connection between the residential, commercial, and industrial developments and the minor arterial system. Any roadway projected to have an average daily traffic volume greater than 1,000 but less than 3,000 vehicles at the time the development is completed shall be considered a collector for the purposes of this chapter.
LOCAL ROADRoadways serving local traffic and connecting to collectors or minor arterials. Local roads in Springettsbury Township include all roads not classified as major arterial, minor arterial or collector.
THROUGH STREETA street that has at least two separate and distinct intersections, as a means of ingress and egress for vehicular traffic, with one or more streets that are not culs-de-sac or loop streets.
LOOP STREETAny street or combination of streets that does not intersect with a through street at two or more separate and distinct locations. A loop street includes any street or system of streets that relies on one intersection with a through street as a means of ingress and egress for vehicular traffic.
CUL-DE-SACA street with a single common ingress and egress ending with a circular paved turnaround.
The shortest distance between the lines delineating the right-of-way
of a street.
A person, copartnership or corporation owning land in the
Township and for which a land subdivision application is filed and
processed under the provisions of this chapter.
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
or mergers 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 and 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 easements of access or residential
dwellings shall be exempted.
The joining of two or more lots, tracts or parcels of land
by any means into one parcel for the purpose, whether immediate or
future, of lease, partition by the court for distribution to heirs
and devisees, transfer of ownership or building or lot development;
provided, however, that the reverse subdivision by lease of land for
agricultural purposes into parcels of more than 10 acres not involving
any new street or easements of access or residential dwellings shall
be exempted. See also “merger.”
A subdivision or land development can be considered substantially
completed 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 registered surveyor, as defined by the Registration Act
of the Commonwealth of Pennsylvania.
The Engineer authorized by the Springettsbury Township Board
of Supervisors to provide engineering services for the Township.
