A.
Words and phrases shall be presumed to be used in
their ordinary context unless such word or phrase is defined or interpreted
differently within this article.
B.
A reference to a statute, regulation or publication
issued by a public body or public officer includes the statute or
regulation or publication with all amendments and supplements thereto
and any new statute, regulation or publication substituted for such
statute, regulation, or publication as in force at the time of application
of the provision of the statute, regulation or publication to which
such reference is made.
C.
Unless clearly inconsistent with the context in this
chapter, when a term is defined in the MPC and is not otherwise defined
in § 430-9 of this chapter, the definition of such
term in the MPC shall apply.
E.
All Township forms and fee schedules referenced in
this chapter are available in the Township Municipal Offices.
In this chapter, when not inconsistent with
the context:
A.
Words in the present tense imply also the future tense.
B.
The singular includes the plural.
C.
The male gender includes the female gender.
D.
The term "person" includes an individual, partnership,
corporation, unincorporated association, estate, or any other legally
recognized entity.
E.
The terms "shall," "must" or "will" are always mandatory.
F.
The term "may" is permissive.
The following words and phrases shall have the
particular meaning assigned by this section in the appropriate sections
of this chapter.
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one to four dwelling units or a farm.
Any person other than the developer, who acting for the developer
submits subdivision and/or land development plans to the Township
for the purpose of obtaining approval thereof.
A private drive intended principally to provide vehicular
access within a vehicular parking compound. Although aisles provide
interior vehicular circulation, their principal function is to provide
entrance and exit for individual parking spaces. Aisles may not be
used to intersect streets.
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear and/or side of properties.
A landowner or developer who has filed an application for
subdivision or land development including his heirs, successors and
assigns.
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads, watercourses, or any other barrier to
the continuity of development.
The Board of Supervisors of Hellam Township, York County,
Pennsylvania.
Any structure, either temporary or permanent, having walls
and a roof or other covering, designed for the shelter or enclosure
of any persons, animals, property, or any combination thereof.
The area of the lot in which buildings may be constructed.
The building envelope shall not include the area of any required setbacks
(except for driveways which cross yards), buffer yards, and floodplains.
[Added 12-6-2012 by Ord. No. 2012-06]
The surface of a street, access drive, driveway, or alley
available for vehicular traffic, including travel lanes and parking
lanes but not necessarily including curbs, sidewalks or swales.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines.
The most recently adopted version of the Official Comprehensive
Plan of Hellam Township, including any amendments.
An area of woodlands forming a complete or nearly complete
layer of foliage.
[Added 12-6-2012 by Ord. No. 2012-06]
Any area on the Hellam Township Official Map (incorporated
by reference) identified and reserved as a continuous woodland canopy.
[Added 12-6-2012 by Ord. No. 2012-06]
A public or private area reserved for pedestrian access through
property.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
The outside edge of the cartway.
A legal document which recites a chain of title for one or
more development rights, specifies the developing tract which will
use such development rights, and permanently extinguishes the development
rights. Upon the recording of a declaration of use of development
rights, the development rights identified can no longer be used for
any purpose.
The deliberate assignment of land by its owner to another
party.
A written instrument whereby an estate in real property is
conveyed.
A legal document which grants transfer of ownership of development
rights and provides for the attachment of the development rights to
a specific developing tract; or transfer of the development rights
in gross (i.e., without being attached to a specific tract of land)
to any person.
The number of dwelling units permitted in relation to the
land area actually in use or proposed to be used for residential purposes,
exclusive of public and/or private streets.
The Pennsylvania Department of Environmental Protection or
any agency successor thereto.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner, for whom subdivision
or land development plans are being or have been made.
A separate estate in the land which may be severed from and
used or transferred separately which represents rights to develop
which the Township has attached to specified lands within the Rural
Agricultural Zone (RA) which the Township desires to be kept minimally
developed or undeveloped. Development rights may be used to enable
subdivision of lots and development of the land to which the Township
has assigned the development rights, or they may be transferred from
those lands so that the development potential which they represent
may occur on other lands where more intensive development is deemed
to be appropriate.
An improved cartway designed and constructed to provide vehicular
movement between a street and a tract of land serving one to four
dwelling units or a farm. See also "joint-use driveway."
A right-of-way granted for limited use of private land for
a public or quasi-public or private purpose, and within which the
owner of the property shall not have the right to make use of the
land in a manner that violates the right of the grantee.
The interacting system of a biological community and its
nonliving environment.
A professional engineer registered as such in the Commonwealth
of Pennsylvania.
The United States Environmental Protection Agency or any
agency successor thereto.
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
A relatively flat or low land area adjoining a stream, river
or watercourse, which is subject to partial or complete inundation;
or any area subject to the unusual or rapid accumulation of runoff
of surface water from any source.
See "woodlands."
The continuous linear distance taken along a property's common
boundary with an adjoining street right-of-way, other than a limited
access highway, and the abutting lot.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet.[1]
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 an owners' associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or the Pennsylvania
Uniformed Planned Community Act, 68 Pa.C.S.A. § 5101 et
seq.
A surface made of materials which prevent the percolation
of water into the ground. These materials include semi-impervious
materials, such as gravel, stone and block.
Institute of Transportation Engineers.
An improved cartway designed and constructed to provide for
vehicular access between a public street and up to four dwelling units.
Any land development as defined in the MPC; provided, however,
that the following activities are not considered a land development:
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 with an
area less than 5,000 square feet, including farm buildings, on a lot
or lots subordinate to an existing principal building.
The legal, beneficial, equitable 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 conditions), a lessee
(if he is authorized under the lease to exercise the rights of the
landowner), or another person having a proprietary interest in land,
shall be deemed to be a landowner for the purposes of this chapter.
A landscape architect registered as such in the Commonwealth
of Pennsylvania.
A utility line between a utility main that is located within
a utility easement, and the single building which the line serves.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law to be used, developed or built
upon as a unit.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curve
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 less than 135°.
A lot other than a townhouse lot which has less than 50 feet
of frontage on:
A lot which has no frontage on:
A lot that is located along a street and between corner lots.
A lot which fronts on two streets that do not intersect at
the boundary of the lot.
A parcel or contiguous parcels which have been so designated
and improved to contain two or more mobile home lots for the placement
thereon of mobile homes.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted by the Act of
December 21, 1988, P.L. 1329, No. 170, and as amended, 53 P.S. § 10101
et seq.
Areas identified in the Comprehensive Plan as significant
natural habitats, or areas characterized by the PNDI as locations
with plant/animal species or communities that are threatened, endangered
or have a statewide rank of S1 or S2.
Any use other than single or multifamily dwellings. An institutional
use in which persons may reside, such as a dormitory, prison, nursing
home, or hospital, shall be considered a nonresidential use.
Trees that form the uppermost canopy layer in a forest or
woodland, defined as trees greater than nine inches in DBH (diameter
at breast height), where breast height is 4 1/2 feet.
[Added 12-6-2012 by Ord. No. 2012-06; amended 4-18-2019 by Ord. No. 2019-03]
When used in determining the permissible number of development
rights assigned to land in the Rural Agricultural Zone, each individual
York County Tax Map parcel in existence on October 14, 2003, shall
be considered a parent tract.
A right-of-way, municipally or privately owned, which cuts
across a block to furnish access for pedestrians to adjacent streets
or properties.
The Pennsylvania Department of Transportation or any agency
successor thereto.
The current edition of PennDOT Form 408, sometimes called
PennDOT Manual 408, together with associated roadway construction
(RC) plans and standards.
Pennsylvania Historical and Museum Commission.
The map representing a tract of land, including all supplementary data specified in Article IV of this chapter. The following are the types of plans specified by this chapter:
ANTICIPATED DEVELOPMENT PLANAn informal plan, drawn to the standards of a sketch plan, with the general design elements of the undeveloped portion of the property.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a project for consideration prior to the formal submission of a plan.
PRELIMINARY PLANA complete and exact subdivision and/or land development plan, the purpose of which is to authorize the preparation of final plans.
FINAL PLANA subdivision and/or land development plan prepared for official recording as required by statute to define property rights, proposed streets and other public improvements.
AS-BUILTA revised final plan, showing dimensions and locations of all streets and other public improvements as actually constructed.
The Planning Commission of Hellam Township.
The Pennsylvania Natural Diversity Inventory.
Public parks, playgrounds, open space and other public areas;
and sites for school, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the DEP. Such systems
are capable of serving multiple users.
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority, or which is privately owned
and approved by the PUC for the purpose of providing public sewage
disposal, treatment, or both; public water supply, storage, treatment,
or any combination thereof; or for the purpose of providing the transmission
of energy, cable television or telephone service.
A municipal water supply system, or a comparable common water
facility approved and permitted by the DEP. Such systems are capable
of serving multiple users.
The Pennsylvania Public Utility Commission or any agency
successor thereto.
The office of the Recorder of Deeds in and for York County,
Pennsylvania.
The number of lots which may be severed from the parent tract.
[Added 8-21-2008 by Ord. No. 2008-08]
Land reserved for use as a street, alley, crosswalk, utilities
or other public or private use.
A surface such as stone, rock or other material which prevents
some percolation of water into the ground.
The required horizontal distance between a setback line and
a property or street right-of-way line.
SETBACK, FRONTThe distance between the street line and the building setback line projected the full width of the lot.
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot.
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard.
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
The Pennsylvania Sewage Facilities Act, Act of June 24, 1966,
P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1 et
seq.
The degree of deviation of a surface from the horizontal.
Slope is expressed in a percentage which indicates the rate of elevation
change in feet per 100 feet.
Solid, semisolid or liquid residue generated during the treatment
of sewage or water. Sludge includes, but is not limited to, septage,
scum or solids removed in primary, secondary or advanced treatment
processes; and material derived from sludge.
The most recent edition of the Soil Survey of York County,
Pennsylvania, published by the National Resources Conservation Service
(NRCS) of the United States Department of Agriculture.
Any tree that is uniquely representative of a class or group
in terms of size, shape, form, age, historical importance, scenic
qualities, visual prominence or other characteristics.
[Added 12-6-2012 by Ord. No. 2012-06]
The Hellam Township Stormwater Management Ordinance[3] in effect on the date an application is filed.
A strip of land over which there is a public or private right-of-way
intended to serve principally as a means of vehicular access to and
frontage for abutting properties, as well as general traffic circulation.
The terms "access drive" and
"alley" are separately defined terms in this article. Streets are
further classified as follows:
ARTERIALA street which provides for intercommunity travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on other types of streets. The secondary function of an arterial street is to provide access to frontage lots; therefore, the intensity of driveway access is limited.
COLLECTORA street which conducts and distributes traffic between arterial and local streets. A collector street's primary function is to promote free traffic flow. The secondary function of a collector street is to provide access to frontage lots; therefore, the intensity of direct driveway access is limited.
LOCALA street which provides frontage for access to lots and carries traffic having destination or origin on the street itself.
LOOP STREETAny street or combination of streets which 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 rely 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.
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 cul-de-sac streets nor loop streets.
The elevation of a street along the center line of the cartway.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line.
A street not offered for dedication or whose dedication was
not accepted by the Township.
Any subdivision defined as such in the MPC.
A sanitary sewage disposal system that typically consists
of a septic tank, distribution box, and subsurface absorption field,
that may include aerobic or other treatment.
A land surveyor registered in the Commonwealth of Pennsylvania.
A wide shallow ditch which gathers or carries surface water.
A duly registered professional engineer, licensed as such
by the Commonwealth of Pennsylvania, employed by the Township or engaged
as a consultant thereto.
An advisory committee appointed by the Board of Supervisors,
composed principally of Township and York County Planning Commission
staff, for the primary purpose of assisting the Township Planning
Commission in the administration of the Subdivision and Land Development
Ordinance.
All wooded areas, tree clusters and individual, isolated
trees located outside of the designated building envelope. This area
shall not be graded, filled, paved or excavated.
[Added 12-6-2012 by Ord. No. 2012-06]
A scenic geologic feature which has been identified in the
Pennsylvania Geologic Survey publication entitled "Outstanding Scenic
Geologic Features of Pennsylvania." The unique geologic features include
the following:
CHIMNEY ROCKLocated one mile north of Hallam Borough, spectacular twin pinnacles of Hellam conglomerate rise 30 feet above the ridge line in a dense stand of oak trees.
WILDCAT RUN CLIFFS AND GORGEAbout two miles west of Accomac, the wild and scenic gorge of Wildcat Run exposes vertical cliffs of the Chickies Formation.
ROUNDTOP OVERLOOKOn crest of the Hellam Point ridge, a rock overlook composed of Chickies quartzite. Minor amount of Catoctin slate present.
HELLAM POINTA ridge line composed of Chickies quartzite which extends out into the Susquehanna River, forming a point.
SCHULL'S ROCKA cliff of Chickies quartzite just east of the mouth of the Codorus Creek.
The main or principal use of property or structure. A use
which is not customarily subordinate or incidental to a principal
use. A unit of occupancy can be an independent unit within a building
or a separate, detached building.
United States Geodetic Survey.
A process for alleviating specific requirements imposed by
this chapter pursuant to the MPC.
A permanent or intermittent stream, river, brook, creek,
channel, or swale, pond, lake, or other body of surface water carrying
or holding surface water, whether natural or artificial.
An area with the characteristics of wetland, as defined by
either the EPA, United States Army Corps of Engineers, DEP, or the
United States Natural Resources Conservation Service. Wetland areas
are not limited to the locations delineated on wetland maps prepared
by the United States Fish and Wildlife Service.
Any portion of a property having a continuous canopy equal
to or greater than 10,000 square feet shall be considered to be included
within the Restricted Development Overlay District.
[Amended 12-6-2012 by Ord. No. 2012-06]
The duly adopted Zoning Map which is part of the Zoning Ordinance
in effect on the date an application is filed.
The person the Board of Supervisors has appointed to administer
and enforce the Zoning Ordinance and who shall also have the duties
set forth in this chapter and any designee of the Zoning Officer.
The Hellam Township Zoning Ordinance in effect on the date
an application is filed.
