§ 222-2.1. Definition and word usage.


Latest version.
  • A. 
    For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
    (1) 
    Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include those of feminine gender and vice-versa.
    (2) 
    The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
    (3) 
    The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other similar entity.
    (4) 
    The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
    (5) 
    The words "used or occupied" include the words "intended, designed, maintained, or arranged to be used or occupied."
    (6) 
    The word "building" shall be construed as if followed by the words "or a part thereof."
    (7) 
    Whenever the word "driveway" appears, it shall include streets and alleys.
    (8) 
    References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions, or agencies, or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions, or agencies, or officials of the Township and/or the Commonwealth of Pennsylvania as in effect or office from time to time including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
    B. 
    Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning indicated below.
    ACCESS
    A way or means of approach for vehicle and/or pedestrian traffic from a street, right-of-way, public area or community facility, to a lot and/or vice versa.
    ALLEY
    See "street, alley."
    APPLICANT
    A landowner, as herein defined, or agent of the landowner, who has filed an application for a zoning, building, or driveway permit, and/or an application for development, including his heirs, successors and assigns.
    APPROVED
    Approved by the recognized authoritative agency or official as specified in the respective regulations.
    BOARD
    The Board of Supervisors of East Hempfield Township, Lancaster County, Pennsylvania.
    CARTWAY
    The surface of a street, drive or alley available or ordinarily used for vehicular traffic.
    CHAIRMAN
    The elected or appointed head of the governing body, authority or commission within East Hempfield Township.
    CLEAR SIGHT TRIANGLE
    An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street centerlines.
    CUL-DE-SAC
    A special turning area for a vehicle at the end of a street.
    CURBLINE
    A line formed by the face of the existing curb or as established by the Township.
    DESIGNEE
    The agent of East Hempfield Township involved with the administration, review or enforcement of any provisions of this chapter by appointment, contract or memorandum of understanding.
    DEVELOPER
    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 or who undertakes earth disturbance activities.
    DRIVEWAY
    A private drive providing pedestrian and vehicular access between a public or private street and a parking area.
    (1) 
    HIGH-VOLUME
    A driveway used or expected to be used by 1,500 or more vehicles a day.
    (2) 
    JOINT USE
    A driveway shared by and constructed to provide access to two or three dwelling units.
    [Amended 3-18-2015 by Ord. No. 2015-02]
    (3) 
    LOW-VOLUME
    A driveway used or expected to be used by more than 25 but less than 750 vehicles per day.
    (4) 
    MEDIUM-VOLUME
    A driveway used or expected to be used by 750 or more but less than 1,500 vehicles per day.
    (5) 
    MINIMUM USE
    A residential or other driveway which is used or expected to be used by not more than 25 vehicles per day.
    DRIVEWAY WIDTH
    The narrowest width of a driveway measured perpendicular to the centerline of the driveway.
    EASEMENT
    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.
    EGRESS
    The exit of vehicular traffic from abutting properties to a roadway.
    EMERGENCY
    Any unforeseen circumstance which calls for immediate action to protect or safeguard life or property.
    ENGINEER
    A professional engineer registered in the Commonwealth of Pennsylvania.
    EXCAVATION
    Any activity within the Township right-of-way of any street, which involves cutting, breaking or disturbance of the surface thereof or any and all facilities and/or appurtenances located within the street (by way of example only: curbing, sidewalk, storm sewers, utilities and traffic control devices).
    GRADE, ESTABLISHING
    See "street grade."
    GRADE, FINISHED
    The completed surfaces of lawns, walks and streets brought to grades as shown on official plans or designs relating thereto.
    IMPROVED AREA
    The area within the street right-of-way which has been constructed for local street purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities and any other appurtenances.
    INGRESS
    The entrance of vehicular traffic to abutting lots from a street.
    LAND DEVELOPMENT
    Any activities meeting the definition of "land development" as defined in the Township Subdivision and Land Development ordinance.
    LANDOWNER
    The legal, beneficial or equitable owner or owners of land, including the holder of an option or contract to purchase (whether or not such option of contract is subject to any conditions), a lessee (if he is authorized under the lease to exercise the rights of the landowner) or any other person having a proprietary interest in land.
    LOCAL STREET
    See "street, local street."
    LOT
    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.
    OPEN
    Any cutting or excavating of the surface or soil of any street, sidewalk area or public Township property.
    OPENING
    For purposes of this article, activity which revises or changes in any way an ingress or egress point to any existing or proposed Township street. By way of example only, revised or changed ingress or egress shall include construction of a new access point, physically revising an existing access point and changing the use of an existing access point.
    PAVEMENT EDGE
    The edge of the main traveled portion of any roadway, exclusive of shoulder.
    PERMIT
    A license issued by the recognized official or authoritative agency, as specified in the respective regulations, which permits the applicant to proceed with the work certified by said official or authoritative agency in the permit application.
    PLANS
    Drawings which show the location, character, and dimensions of the proposed occupancy and related roadway features, including layouts, profiles, cross sections, drainage and other details as specified in an ordinance, including, but not limited to this chapter and the Township's Subdivision and Land Development ordinance.
    (1) 
    FINAL PLAN
    A complete and exact subdivision and/or land development plan, including all supplementary data specified in the Subdivision and Land Development ordinance.
    (2) 
    IMPROVEMENT CONSTRUCTION PLAN
    A complete and exact subdivision and/or land development plan, the sole purpose of which is to permit the construction of only those improvements required by the Subdivision and Land Development ordinance, as an alternative to guaranteeing the completion of those improvements by a corporate bond or other surety.
    (3) 
    LOT ADD-ON PLAN
    A complete and exact subdivision plan including all supplementary data specified in the Subdivision and Land Development ordinance.
    (4) 
    PRELIMINARY PLAN
    A subdivision and/or land development plan including all required supplementary data specified in the Subdivision and Land Development ordinance, showing approximate locations.
    (5) 
    RECORD PLAN
    A final plan which contains the original endorsement of the Township and the Lancaster County Planning Commission, which is intended to be recorded with the Lancaster County Recorder of Deeds.
    (6) 
    SKETCH PLAN
    A plan showing the tentative street traffic pattern and/or lot layout, to be used for informal discussion with the Township/staff prior to preparation of the preliminary and/or final plan(s).
    PLANNING COMMISSION
    The East Hempfield Township Planning Commission appointed by the East Hempfield Township Board of Supervisors.
    PUBLIC AGENCY
    The federal government, the Commonwealth of Pennsylvania and their instrumentalities, a municipality, school board, authority or other officially constituted body qualified to hold and administer publicly owned properties.
    PUBLICATION 408
    The current Commonwealth of Pennsylvania Department of Transportation specifications.
    ROAD
    See "street."
    ROADWAY
    That portion of a roadway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
    ROADWAY CONSTRUCTION STANDARDS
    Pennsylvania Department of Transportation Publication No. 72, containing the Department's design standards for roadway construction.
    SIDEWALK
    A paved walkway, continuous for a reasonable distance and an integral part of the roadway, with or without a grass strip between the curb or cartway edge and the sidewalk, constructed solely for use by pedestrians.
    SIGHT DISTANCE
    The length of street visible to the driver of a vehicle at any given point in the street when viewing is unobstructed by traffic.
    STOPPING SIGHT DISTANCE
    The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver.
    STREET
    Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other way used or intended to be used by vehicular traffic (excluding driveways), whether public or private.
    (1) 
    Streets shall conform to one of the following categories:
    (a) 
    ALLEY
    A public thoroughfare which normally affords only a secondary means of access to abutting lots.
    (b) 
    ARTERIAL
    A street which accommodates trips of moderate length at a somewhat lower level of travel mobility than limited access arterials do and includes all arterials not classified as limited access.
    (c) 
    COLLECTOR
    A street that provides land access and traffic circulation service within residential, commercial, and industrial areas. The collector street distributes traffic between the arterial and the local streets.
    (d) 
    LIMITED ACCESS ARTERIAL
    A street which serves the major centers of activity of urbanized areas and carries the highest traffic volume corridors, where access is provided only from another street and not from abutting lots.
    (e) 
    LOCAL
    A street which provides direct access to abutting lands and connections to the higher order systems.
    (2) 
    STREET CENTERLINE
    The center of the surveyed road right-of-way; or, where not surveyed, the center of the traveled cartway.
    (3) 
    STREET GRADE
    The officially established grade of the street upon which a lot fronts; or in its absence, the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
    (4) 
    STREET LINE
    The limit of a street right-of-way.
    TOWNSHIP
    East Hempfield Township.
    TOWNSHIP ENGINEER
    A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township.
    TRAFFIC CONTROL DEVICE
    Any sign, signal, marking, or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both.
    VEHICLE
    Every device in or by which any person or property is or may be transported.
    Editor's Note: See Ch. 265, Subdivision and Land Development.
    Editor's Note: See Ch. 265, Subdivision and Land Development.