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This Chapter has been adopted by the Dover Township Board of Supervisors to protect the health, safety and general welfare of the residents of the Township; to ensure conformance of subdivision and land development plans with the Township Comprehensive Plan, the Zoning Ordinance, public improvement plans and other adopted regulations; to provide for the harmonious development of the Township by insuring equitable handling of all subdivisions and land development plans by providing uniform standards and procedures; to provide for the general welfare by providing and protecting cultural facilities; by guiding the development and growth of structures, types and locations of streets, open spaces and public grounds, recreation, proper traffic flows, light and air, and the proper distribution of population to insure conditions favorable to the health, safety, morals, and general welfare of the residents of the Township.
(Ord. 2011-05, 3/14/2011, § 102)
The Planning Commission is hereby designated by the Board of Township Supervisors as the agency which shall review and make recommendations on all conservation by design submissions, preliminary and final plans, as required herein. The Board of Township Supervisors shall have authority to act on all conservation by design submissions, preliminary and final plans as required herein for the Township of Dover.
(Ord. 2011-05, 3/14/2011, § 103)
1. No subdivision or land development of any lot, tract, or parcel of land located in Dover Township shall be effected; no street, sanitary sewer, storm sewer, water main, or other improvements in connection therewith shall be laid out or constructed unless and until a final approval of the preliminary subdivision plan is obtained from the Board of Supervisors. Streets or other public improvements shall not be opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon unless and until a final subdivision plan has been approved by the Board of Township Supervisors and publicly recorded in the manner prescribed herein; nor otherwise except in strict accordance with the provisions of this Chapter.
2. No lot in a subdivision may be sold; no permit to erect or alter any building upon land in a subdivision or land development may be issued; and no building may be erected or altered in a subdivision or land development, unless and until a final subdivision plan or land development plan has been approved by the Board of Township Supervisors and recorded, and until construction of the improvements required in connection therewith has been guaranteed in the manner prescribed herein.
(Ord. 2011-05, 3/14/2011, § 104)
Part 2
Definition of Terms
Definition of Terms
1. For the purpose of this Chapter, the terms and words listed in this Section shall have the meaning herein defined. Words not herein defined shall have the meanings given in Webster’s Unabridged Dictionary and shall be interpreted so as to give this Chapter its most reasonable application.
2. For the purpose of this Chapter, the following rules of interpretation shall apply:
A. Words in the present tense include the future tense.
B. Words in the singular include the plural and words in the plural include the singular.
C. The words “used” and “occupied” shall be construed to include the words “or intended, arranged or designed to be used or to be occupied, or offered for occupancy.”
D. The term “such as” shall be considered as introducing a typical or illustrative designation of items, and shall not be interpreted as constituting a complete list.
E. The words “person” and “owner” shall be deemed to include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual.
F. The words “building” and “structure” shall be construed as if followed by the phrase “or part thereof.”
G. The word “lot” includes the words “plot” and “parcel.”
H. The word “watercourse” includes channel, creek, ditch, dry run, spring, stream and river.
I. The word “shall” is to be interpreted as mandatory; the word “may” as directory and complied with unless waived.
J. The male gender shall include the female gender.
(Ord. 2011-05, 3/14/2011, § 201)
Other terms or words used herein shall be interpreted or defined as follows:
Accelerated erosion–the removal of the surface of the land through the combined action of man’s activities and natural processes at a rate greater than would occur because of the natural processes alone.
Acceleration lane–an added roadway lane that permits integration and merging of slower moving vehicles into the main vehicular stream (see Figure 1).
Access–a way or means of approach to provide vehicular or pedestrian physical entrance to a property.
Access drive–a private drive, other than a driveway, which provides for vehicular access between a public street and a tract of land containing any use other than one single-family or a two-family dwelling.
Act–Pennsylvania Sewage Facilities Act 537 (35 P.S. § 750.1 et seq.).
Agent–any person, other than the developer, who, acting for the developer submits to the Township Supervisors land development plans for the purpose of obtaining approval thereof.
Aisle–the traveled way by which cars enter and depart parking spaces.
Alley (or service drive)–a minor right-of-way, publicly or privately owned, primarily for service access to the back or side of properties and not intended for general traffic circulation.
Amenity–a natural or created feature that enhances the aesthetic quality, visual appeal or makes more attractive a particular property, place or area.
American with Disabilities Act (ADA)–a 1990 Federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services (42 USC § 12101 et seq.).
Applicant–a landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
Application for development–every application, whether preliminary, tentative or final, 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 plat or plan or for the approval of a development plan.
Appointing authority–the Dover Township Board of Supervisors.
As-builts–plans prepared after construction to reflect the accurate size, type and location, both horizontal and vertical, of all improvements such as streets, stormwater system, sanitary sewer system, water system, etc.
Average developed lot price–this amount is determined by multiplying the average lot price per acre of all open market residential lot sales in Dover Township for the prior year by 67%. Open market sales shall not include multiple prop erty/single consideration, nominal consideration, family member, forced sale or partial interest sales as defined by the York County Assessment Office. This figure will be calculated and established by the Board of Supervisors and shall remain in effect until a succeeding resolution establishing other rates is adopted.
Basement–that portion of a building which is partly or completely below grade. See “story, above grade.”
Best management practices (BMPs)–state-of-the-art technology as applied to a specific problem including, but not limited to, devices or methods that tempo rarily store or treat stormwater, reduce or remove pollutants and provide other environmental safeguards.
Bikeway–a pathway, often paved and separated from streets and sidewalks, designed to be used by non-motorized vehicles.
Block–an area bounded by streets or by a combination of streets and public land, waterways or any other barrier to the continuity of development.
Board–any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications.
Board of Supervisors–the Township Board of Supervisors of the Township of Dover.
Buffer yard–a strip of land, measured from the property line free of any principal or accessory building, to physically separate one incompatible use from another (see Figure 2).
Building–any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property (whether private or public) of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above.
Building line, front–a line parallel to the street line touching that part of a building closest to the street (see Figure 3 below).
Building line, rear–a line parallel to the rear property line touching that part of the principal dwelling or building closest to the rear property line (see Figure 3 below).
Building line, side–a line parallel to the side property line touching that part of the building closest to the side property line.
Building permit–a permit, issued by the Township Zoning Officer or other authorized agent, to allow the construction of a building or structure according to Uniform Construction Code [Chapter 5, Part 1] or other applicable building codes.
Building setback line–see “setback line.”
Building side–the exterior side of a building that is perpendicular to the front and or rear of a building.
Bus shelter–a small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and commerce of bus passengers.
Caliper–the diameter of a tree truck as measured 6 inches above the ground for trees less than or equal to 4 inches in diameter and as measured 12 inches above ground for trees greater than 4 inches in diameter (see Figure 4).
Cartway–the paved area which makes up the traveled lanes.
Certificate of use and/or occupancy–a certificate, issued by the Zoning Officer, which permits the use of a building in accordance with the approved plans and specifications and certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
Certification–a signed statement appended to a plan or other document whereby the signer represents that to the best of their knowledge and belief said plan or document is true and correct and that the Township may rely upon the accuracy thereof.
Clear-cutting–the large scale, indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for nonagricultural development purposes.
Clear sight triangle–a triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving an intersection (see Figure 1).
Clearing for lot development–the large-scale, indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for nonagricultural development purposes.
Codes Enforcement Officer–Codes Enforcement Officer is the administrative officer authorized to enforce the Uniform Construction Code [Chapter 5, Part 1] and other codes, as appointed by the Dover Township Board of Supervisors.
Common open space–a parcel or parcels of land or an area of water, or a combination of land and water within a development site, which is 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.
Comprehensive Plan–the plan, or parts thereof, which have been adopted by the Township Board of Supervisors, showing its recommendations for such systems as land uses, parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation, community facilities and other public improvements which affect the development of the Township.
Conservation-based design–a subdivision design process that delineates significant natural environmental features including, but not limited to, steep slopes; floodplains; wetlands; historic and cultural buildings and structures; wellhead protection areas; and water bodies specific to a tract of land proposed for future development.
Containment device–a device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.
COE–United States Army Corps of Engineers.
County–York County, Pennsylvania.
County Planning Commission–York County Planning Commission.
Cross-walk–a right-of-way, municipally or privately owned, which links blocks to furnish access for pedestrians to adjacent streets or properties.
Cul-de-sac–a street with access closed at one end and with a vehicular turn- around at the closed end.
Culvert–a pipe, conduit or similar structure including appurtenant works not incorporated in a closed system which carries surface water.
Curb–a boundary usually marking the edge of the roadway or paved area and which functions to direct or contain stormwater and/or vehicular movement.
Curb line–the outside edge of the cartway.
Cut–an excavation the difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation.
Deceleration lane–an added roadway lane that permits vehicles to slow down and leave the main vehicle stream (see Figure 1).
Deciduous–a plant which experiences leaf abscission (drop).
Decision–final adjudication of the Dover Township Board of Supervisors or other body granted jurisdiction under this Chapter, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of York County and/or the judicial district.
Dedication–the transfer of property or property rights by the owner to another party.
Deed–a legal document conveying ownership of real property.
Design storm–the magnitude of precipitation from a storm event measured in probability of occurrence (e.g., 50-year storm) and duration (e.g., 24-hour), and used in computing stormwater management control systems.
Designated growth area–a region within York County described in the Dover Borough/Dover Township Joint Comprehensive Plan that includes and surrounds Dover Borough, and within which residential and mixed use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned.
Detention basin–a reservoir, formed from soil or other material, acceptable to the Township, designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate into a watercourse or stormwater drainage system. This basin is designed to drain completely after a storm event.
Determination–final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the Board of Supervisors and the Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
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.
Development–any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.
Development of regional significance and impact–any land development that, because of its character, magnitude, or location will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality.
Development plan–the provisions for development including a plat of subdivision, 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. The phrase “provisions of the development plan” when used in this Chapter shall mean the written and graphic materials referred to in this definition.
Development tract–an area, parcel, site, piece of land, or property that is the subject of a development application.
Dover Township Construction Specifications–the Dover Township Construction Specifications as approved by the Dover Township Board of Supervisors and any revisions thereto. The specifications cover the construction of streets, utilities, sidewalks, parking lots, etc., the installation of trees, and other miscellaneous construction.
Drainage–the flow of surface water and the methods of directing such flow.
Drainage facility–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 land or contiguous land areas.
Drip line–an imaginary ground line around a tree that defines the limits of the tree canopy and is usually associated with the extent of the tree root system.
Driveway–a private vehicular access between a public street and a garage, carport or other parking space for one single-family or a two-family dwelling.
Driveway width–the narrowest width of driveway.
Dwelling–a building or structure designed for living quarters for one or more families, including modular or mobile home; but not including rooming houses, convalescent homes, motels, hotels, dormitories, or other accommodations used for transient occupancy.
Dwelling unit–one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
Earth disturbance–an activity including, but not limited to, construction, mining, farming and timber harvesting which alters, disturbs, or exposes the existing land surface.
Easement–a grant of one or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity. Such use shall not include the placement of structures, unless such structures are an integral part of a utility.
Energy dissipater–a device used to slow the velocity of stormwater, particularly at points of concentrated discharge such as pipe outlets.
Engineer, professional–a person duly licensed as a professional engineer by the Commonwealth of Pennsylvania.
Environmental audit–shall be defined as an evaluation performed by a qualified professional of a facility’s compliance with existing Federal, State, and local regulations.
Environmental impact assessment–an independent evaluation of the effect of the proposed development, and other major private or governmental actions on the environment.
EPA–refers to the United States Environmental Protection Agency.
EPA/DEP Joint Stormwater NPDES Permit–shall be defined as a permit meeting the requirements of 40 CFR, Parts 122, 123 and 124, “National Pollutant Discharge Elimination System Permit Application Regulations for Stormwater Discharges,” issued by EPA on November 16, 1990, or subsequent amendment.
Erosion–the natural process by which the surface of the land is worn away by water, wind, gravity or chemical actions.
Erosion and sediment pollution control plan–a plan which is designed to minimize accelerated erosion and prevent sediment pollution to the waters of the Commonwealth.
Excavation–any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
(1) Any act by which earth, sand, gravel or rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the surface and shall include the conditions resulting therefrom.
(2) The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(3) The material used to make a fill.
Flood, flooded, or flooding–a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source (see Figure 5).
100-year flood–the flood having one chance in 100 of being equaled or exceeded in any 1-year period.
100-year flood elevation–the water surface elevations of the 100-year flood.
Flood elevation, regulatory–the 100-year flood elevation plus a free board safety factor of 1½ feet.
Flood fringe–that portion of the floodplain outside the regulatory floodway (often referred to as the “floodway fringe”).
Flood of record–the flood which has reached the highest flood elevation above mean sea level at a particular location.
Floodplain–the lowland and relatively flat areas adjoining inland waters, including at a minimum, that area subject to a 1% or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (1% chance floodplain). The critical action floodplain is defined as the 500-year floodplain (0.2% chance floodplain).
Flood-prone area–see “floodplain.”
Floodproof, floodproofed, floodproofing–the modification of individual structures and facilities, their sites, and their contents to protect against structural failure, to keep water out or to reduce effects of water entry.
Floodway, regulatory–the area regulated by Federal, State or local require ments; the channel of a river or other watercourse and the adjacent land areas that must be reserved in an open manner, i.e., unconfined or unobstructed either horizontally or vertically, to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed 1 foot as set by the National Flood Insurance Program).
Footcandle–the unit of illumination where the foot is the unit of length.
Freeboard–the difference between the peak design flow elevation in the emergency spillway or other conveyance channel and the top of the settled embankment, intended to allow a margin of safety for channel restriction, wave action, frozen conditions, etc.
Frontage–the horizontal or curvilinear distance along the street line upon which a lot abuts.
Future growth area–an area in the Township described in the Dover Bor ough/Dover Township Joint Comprehensive Plan outside of and adjacent to the designated growth area where residential, commercial, industrial and institutional uses and development are permitted or planned at varying densities and public infrastructure services may or may not be provided, but future development at greater densities is planned to accompany the orderly extension and provision of public infrastructure services.
Governing body–the Dover Township Board of Supervisors.
Grade–the average elevation of the land around a building and the percent of rise or descent of a sloping surface (see Figure 6).
Groundwater recharge–the replenishment of underground water supplies.
Guarantee, completion–the financial security that may be accepted by the Township as a guarantee that improvements required as part of an application for subdivision and/or land development are completed to the satisfaction of the Township. Such financial security shall include, but is not limited to, performance bonds, Federal or Commonwealth chartered lending institution irrevocable letters of credit, and restrictive or escrow accounts in such lending institutions. All bonding or financial institutions shall be approved by the Commonwealth of Pennsylvania.
Guarantee, maintenance–the financial security that may be accepted by the Township as a guarantee that improvements required as part of an application for subdivision and/or land development will be in first class condition, state of repair and working order for a specific period of time. Such financial security shall be similar to that accepted for a completion guarantee.
Gutter–that portion of a right-of-way carrying surface drainage.
Hazardous materials–shall be defined as any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant actual or potential hazard to water supplies, or other hazards to human health, if such substance or mixture were discharged to land or waters of Dover Township. Hazardous materials include, without limitation, organic and inorganic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, petroleum solvents, thinners, and fertilizers.
Height–the vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.
Holding pond–a retention or detention basin.
Homeowners association–an incorporated non-profit organization operating under recorded land agreements through which each lot and/or homeowner in an open space or mixed use residential development or other described land area is automatically a member. Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization’s activities, such as maintaining a common property.
Impervious area–any portion of a lot covered by material that cannot be penetrated by precipitation and/or surface water, including buildings, structures, parking lots, parking areas and paved areas. For the purposes of this definition, all portions of parking lots and parking areas shall be considered as impervious area regardless of the degree of precipitation penetration.
Impervious cover–any natural or man-made material utilized to cover, pave or resurface/surface any portion or area of a lot whether permeable or impermeable excepting only soil, plants or vegetative coverings. Impervious cover shall include, among other materials, any form or mixture of concrete, stone, asphalt, tar, porous pavement, or other substance designed and intended to alter the natural state of the land.
Impervious surface–any material which prevents the absorption of water into the ground.
Incidental stormwater management plan–a SWMP prepared in conjunction with a subdivision or land development application, provided that the SWMP does not require the exercise of independent engineering judgment and the nature, topography and characteristics of the proposed development are such that the preparation of said plan by a professional land surveyor will not create a risk to persons or property.
Infiltration structures–a structure designed to direct runoff into the ground (e.g., dry well, french drains, seepage pits, seepage trenches).
Land development–any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 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.
(b) 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.
(2) A subdivision of land. Development in accordance with the MPC, § 503 (1.1), 53 P.S. § 10503(1.1).
(3) The following shall not be considered a “land development”:
(a) 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.
(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
(c) 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.
(d) Expansion of an existing principle structure: up to 35% of the existing gross floor area of the building as it existed on the date of this amendment; or to a cumulative total gross floor area of 20,000 square feet, whichever is lesser.
Landowner–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.
Level of service–a description of traffic conditions along a given roadway or at a particular intersection.
Light glare, direct–illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining.
Light glare, indirect–illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
Location map–a map showing the site with relation to adjoining areas.
Lot–a designated parcel 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.
Lot, corner–a lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street forming an interior angle of less than 135 degrees. The front of the lot shall be defined as the area bounded by the street line which determines the property address.
Lot, double frontage–a lot, other than a corner lot, fronting on two streets.
Lot, flag–a lot whose frontage does not satisfy the minimum width require ments for the respective zone but that does have sufficient lot width away from the lot’s frontage. The front of the lot shall be defined as the area bounded by the street line which determines the property address.
Lot, residential–a lot containing a residential dwelling unit(s) where an individual is actually living and any other use customary or incidental to a residential dwelling unit.
Lot, reverse frontage–a lot extending between and having frontage on a major street and minor street with vehicular access solely from the latter (see Figure 7).
Lot area–the area contained within the property lines of the individual parcels of land as shown on a land development plan, excluding any area within a street right-of-way, but including the area of any easement.
Lot coverage–that portion of the lot which is proposed to be covered by impervious areas, such as, but not limited to, buildings, parking areas, driveways, sidewalks, etc.
Lot depth–the average distance measured from the front lot line to the rear lot line.
Lot frontage–the lot dimension measured along the street line of any street abutting a lot.
Lot line–a line of record bounding a lot that divides one lot from another lot or from a public or private street line (see “street line”) or any other public space.
Lot width–the horizontal distance measured at the minimum required front setback line between the side lot lines.
Lot width, average–lot width calculated by using a minimum of three evenly distributed points along the lot line. One required point of measurement shall be at the required building setback line between the side lot lines.
Manufactured home–a factory-built, dwelling unit that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401), commonly known as the HUD (U.S. Department of Housing and Urban Develop ment) code. A “mobile home” is one form of a manufactured home.
Mediation–a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
Mobile home–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.
Mobile home lot–a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home.
Mobile home park–a 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–that part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
Municipal buildings, facilities or uses–any building, structure or other facility belonging to Dover Township, or any of its associated municipal authorities, utilized for the purpose of conducting the duties and business of Dover Township.
Natural preserve–a tract(s) of open space that preserves or protects endangered species, critical environmental features, viewsheds, or other natural elements.
Obstruction–any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or other matter in, along, across, or projecting into any channel, watercourse, or floodplain, which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.
On-site floor drains–drains which are not connected to municipal sewer or stormwater systems and discharge directly to the ground or septic system.
Open space–any parcel or area of land or water essentially unimproved and set aside, dedicated, or designated for public or private use or enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space.
Open space ratio–total area of open space divided by the total gross tract area in which the open space is located (see Figure 8).
Owner–shall be defined as a property owner or his duly authorized agent or attorney, a purchaser, devisee, fiduciary, lessee, and any other person having vested or contingent interest in the property of question.
Parcel–see “lot.”
Parking area–any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
Parking garage–a building where passenger vehicles may be stored for short- term, daily, or overnight off-street parking.
Parking lot–an open lot where passenger vehicles may be stored for short-term, daily, overnight off-street parking.
Parking space–a space for the parking of a motor vehicle within a public or private parking area.
Paved–a surface treatment such as asphalt, concrete, brick or other stabilized material used to cover a street, parking area, walk-way, etc.
PADEP–the Department of Environmental Protection of the Commonwealth of Pennsylvania.
Peak discharge–the maximum rate of flow of water at a given point and time resulting from a specified storm event.
Pedestrian easement–a right-of-way, municipally or privately owned, at least 10 feet wide, which cuts across a property to furnish access for pedestrians to adjacent streets or properties.
PennDOT–the Department of Transportation of the Commonwealth of Pennsylvania.
Percolation test–a procedure to determine the absorption rate of the soil in an area proposed as the installation site for an on-lot disposal sewage system. Such a test will be carried out according to the requirements of PADEP.
Performance bond–an agreement by and between a contractor and a bonding company in favor of the Township Board of Supervisors guaranteeing the completion of physical improvements. All bonding or financial institutions shall be approved by the Commonwealth of Pennsylvania.
Performance standards–a set of criteria or limits relating to certain character istics that a particular use or process may not exceed.
Person–shall be defined as any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer, owner, lessee, tenant or any other entity whatsoever or any combination of such, jointly or severally.
Plan–the map or plan of a subdivision or a land development, whether sketch, preliminary or final.
Plan, final–a complete and exact plan, prepared for official recording, to define property rights and proposed streets and other improvements.
Plan, final preliminary (utility)–a final and approved version of the prelimi nary plan with sufficient information regarding all utilities, to include but not limited to, water, sanitary sewer, and storm sewers. Existing underground gas (mains and laterals), electrical, phone, and cable lines shall also be shown on the plan along with proposed final grading. The plan must be signed and sealed in accordance to 49 Pa.Code, Chapter 37, “State Registration Board of Professional Engineers, Land Surveyors, and Geologists,” § 37.59, “Use of Seal.” Once approved by the Township, the developer may begin construction of water, sanitary sewer, storm sewer facilities, streets and other public improvements.
Plan, preliminary–a plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and proposed street and lot layout as a basis for consideration prior to preparation of a final plan. The preliminary plan shall include final design of all public infrastructures, including but not limited to, all aspects of streets, sanitary sewer systems, water systems, storm water systems, etc.
Pervious surface–a ground cover which allows the penetration of water into the ground.
Planning Code–the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act 247, as reenacted and amended, 53 P.S. § 10101 et seq.
Planning Commission–Dover Township Planning Commission.
Plat–the map or plan of a subdivision or land development, whether preliminary or final.
Premises–any parcel of land situated in Dover Township having a separate tax map parcel number for County assessment purposes.
Preservation or protection–when used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreason able restriction of forestry, mining or other lawful uses of natural resources.
Prime agricultural land–land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.
Professional consultants–persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
Public–owned, operated or controlled by a government agency (Federal, State or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).
Public/semi public facilities and uses–any organization or entity whose purpose is to provide a service to the general public, other than Dover Township municipal facilities including, but not limited to, Police Department, Fire Department, post office, library, any government facility, etc.
Public grounds–includes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
Public hearing–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 Municipalities Planning Code, 53 P.S. § 10101 et seq.
Public improvements–any improvement facility or service, together with its associated public site, easement or right-of-way necessary to provide transporta tion, drainage, public or private utilities, energy or similar essential services.
Public meeting–a forum held pursuant to notice under the Act of July 3, 1986, (P.L. 388, No. 84), known as the “Sunshine Act.”
Public notice–notice published once each week for 2 successive weeks in a newspaper of general circulation in the Township. 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 7 days from the date of the hearing.
Public utility building and/or service structure–a building or structure erected by a corporation or company which is regulated by the Pennsylvania Public Utility Commission, other than Dover Township owned and operated utilities.
Recreation, active–leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites and fields.
Recreation, passive–activities that involve relatively inactive activities, such as walking, sitting, picnicking, card games, and table games.
Renewable energy resource–any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
Replacement area–a designated alternative site for future use as an on-lot disposal sewage treatment area.
Retention basin (pond)–a reservoir, formed from soil or other material acceptable to the Township, designed or intended to contain a permanent pool of water for functional or aesthetic purposes and/or to retard stormwater runoff by providing temporary storage of said runoff.
Right-of-way–land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, railroad, utility or other public or private use.
Right-of-way, future–right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads. Also a right-of-way established to provide future access to or through undeveloped land.
Right-of-way, street–the total dedicated width of a public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as an arterial, collector or local roadway (see Figure 1).
Road–see “street.”
Rules and regulations of PADEP- official guidance publications of the PADEP with standards and requirements for protection of environmental resources.
Runoff characteristics–the surface components on any water shed which either individually or in any combination thereof, directly affect the rate, amount and direction of stormwater runoff. These may include, but are not limited to, vegetation, soils, slopes and any type of man-made landscape alterations.
Screening–the use of plant materials, fencing, walls and/or earthen berms, or combinations thereof, to aid in the concealment of such features as parking areas and vehicles, and to provide for privacy between two or more different land uses or activities; a visual and/or sound buffer or other barrier.
Sediment–soils or other surficial materials transported by surface water as a product of erosion.
Sediment basin–a barrier, dam, detention or retention basin designed to retain sediment.
Sediment pollution–the placement, discharge or any other introduction of sediment into the waters of the Commonwealth occurring from the failure to design, construct, implement or maintain control measures and control facilities in accordance with 25 Pa.Code, Chapter 102, “Erosion and Sediment Pollution Control.”
Seepage pit/seepage trench–an area of excavated earth filled with loose stone or similar material and into which surface water is directed for infiltration into the ground.
Septic tank–a watertight tank in which raw sewage is broken down into solid, liquid, and gaseous phases to facilitate further treatment and final disposal.
Setback–the distance between a setback line and a property or street line (see Figure 3).
Setback, front–the minimum required distance between the street line and the front setback line projected the full width of the lot, except in the case of an alley where a side or rear setback shall be provided.
Setback, rear–the minimum required distance between the rear lot line and the rear setback line projected the full width of the lot.
Setback, side–the minimum required distance between the side lot line and the side setback line projected from the front yard to the rear yard.
Setback line–a line within a property and parallel to a property or street line which delineates the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.
Sewage system–the pipelines or conduits, pumping stations and force mains, and other appurtenant constructions, devices and facilities used for conveying sewage to a plant. (25 Pa.Code, Chapter 94).
Sewage system, centralized–a public or private utility system designed to collect, centrally treat, and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent.
Sewage system, community–a publicly or privately-owned sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank. (25 Pa.Code, Chapter 71).
Sewage system, individual–any 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 and any water of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposition, and which is located upon the lot which it serves.
Sewage system, on-lot disposal–any septic system or structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot with an approved planning module and permit.
Sewage system, public–a municipal sanitary sewer system or a comparable common or package sanitary facility (i.e., community sewer system) approved and permitted by the Pennsylvania Department of Environmental Protection.
Sewer authority–the Dover Township Sewer Authority.
Sight distance–the length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
Sign–any object, device, display or structure or part thereof which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
Slope–the face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are either expressed in a percentage based upon dividing vertical distance by the horizontal distance times 100, or a ratio of the feet horizontal to a foot vertical (see Figure 6).
Soil conservation plans–a plan prepared by a qualified professional to manage surface runoff and control erosion through the best available farming practices on agricultural land.
Solid waste–any waste including, but not limited to, municipal, residual, or hazardous wastes including solid, liquid, semisolid, or contained gaseous material.
Stabilization–the proper placing, grading and/or covering of soil, rock or earth to ensure their resistance to erosion, sliding, or other movement.
Stockpile–reserve supply of goods, raw material, etc., or accumulation thereof.
Storage structure–a stormwater storage facility or structure.
Stormwater–drainage runoff from the surface of the land, buildings, paved areas, etc., resulting from precipitation or snow or ice melt.
Stormwater management–the control of runoff on a given site.
Stormwater management facilities–those controls and measures (e.g., storm sewers, berms, terraces, bridges, dams, basins, infiltration systems, swales, watercourses and floodplains) used to effect a stormwater management plan.
Stormwater management plan–a plan for controlling surface water runoff so that it will preclude erosion or flooding and/or the adverse effects of impervious areas on surface water runoff as required by this and other Township ordinances, codes, regulations, plans and maps.
Street–street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private, rural or local including all area within the designated right of way.
Street, private–a street not offered for dedication or whose dedication was not accepted by the Township or other government entity.
Street, public–a strip of land, including the entire right-of-way, intended to be dedicated for use as a means of vehicular and pedestrian circulation by the public at large.
Street, side–street, other than street of address, on a corner lot.
Street line–a line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the “street right-of-way line.”
Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
Structure, accessory–a subordiniate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure including, but limited to, swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.
Structure, principal–a structure associated with a primary use.
Subdivision–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.
Substantially completed–where, in the judgment of the Township Engineer, at least 90% 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.
Surveyor–a licensed surveyor registered by the Commonwealth of Pennsylva nia, professional land surveyor.
Swale–a natural or man-made drainage way of parabolic, trapezoidal or v- shaped cross-section shaped to required dimensions and lined or vegetated for safe disposal of runoff.
This Chapter–the Dover Township Subdivision and Land Development Ordinance [Chapter 22], and any supplements or amendments.
Tile disposal field–a system of open jointed or perforated pipes laid in the upper strata of the soil for absorption.
Time of concentration–the interval of time required for water from the most remote portion of the drainage area to reach the point in question.
Topographic map–a map showing the elevations of the ground by contours or elevations.
Top soil–surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Top soil is usually found in the uppermost soil layer called the “A Horizon.”
Tower–a structure that is intended to send and/or receive radio and television communication.
Township–the Township of Dover, York County, Pennsylvania, its Board of Township Supervisors, its agents or authorized representatives.
Township agent–the Township staff person authorized to accept plans and issue permits; in most cases, this refers to the Township Zoning Officer.
Tract–an area, parcel, site, piece of land, or property that is the subject of a development application.
Traffic impact study–a report analyzing existing traffic conditions and the effect of development on the traffic system.
Undeveloped land–land in parcels sufficiently large for future land develop ment which is presently agricultural, woodland or lying fallow.
Visual screen–a well-maintained hedge, fence, landscaped berm, or other vegetative materials which upon planting or installation is of sufficient density and height to conceal from the view of adjacent properties the structures and uses on the premise where the screening is located.
Water course–any channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Water facility–any water works, water supply works, water distribution system, or part thereof designed, intended or constructed to provide or distribute potable water.
Water, public–any system, other than an individual well, that is operated by a municipality, governmental agency, or a public utility for the furnishing of potable water. See definition for “public water system” below.
Water system, community–a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. (25 Pa.Code, Chapter 109, “Safe Drinking Water”).
Water system, noncommunity–a public water system which is not a community water system. (25 Pa.Code, Chapter 109, “Safe Drinking Water”).
Water system, nontransient noncommunity–a noncommunity water system that regularly serves at least 25 of the same persons over 6 months per year. (25 Pa.Code, Chapter 109, “Safe Drinking Water”).
Water system, public–a system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene. (25 Pa.Code, Chapter 109, “Safe Drinking Water”).
Water system, transient noncommunity–a public water system which is not a community, nontransient noncommunity, bottled or vended water system, nor a retail water facility or a bulk water hauling system. (25 Pa.Code, Chapter 109, “Safe Drinking Water”).
Water supply system, on-lot–a system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.
Water survey–calculation performed by a qualified professional that projects the amount of groundwater that will be utilized by the development.
Waters of the Commonwealth–any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground waters, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
Watershed - the entire region or area drained by a river, creek, stream or other body of water whether natural or artificial.
Wellhead protection area–the surface and subsurface area surrounding a water well or well field supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water well or well field.
Wetlands–those areas that are inundated or saturated by surface or groundwa ter at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
Woodlands–stands of trees averaging greater than 6 inches in caliper covering an area greater than ¼ of an acre; or a grove of more than 5 trees within an area less than ¼ acre that are greater than 12 inches in caliper.
Yard–an unoccupied space open to the sky on the same lot with a building or structure.
Yard, front–the open unoccupied space between the front building line and the street right-of-way line except for alleys or service drives, for the full width of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Porches shall be considered as a part of the main building and shall not project into the required front yard (see Figure 3).
Yard, rear–the open unoccupied space between the rear building line and the rear lot line, street, alley or service drive, for the full width of the lot. The depth of the rear yard shall be measured between the rear building line and the rear lot line or street line.
Yard, side–the open unoccupied space between the side building line and the property/lot line. The depth of the side yard shall be measured between the side building line and the property/lot line.
Zoning district–a portion of the Township or adjacent municipality(s) within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the Dover Township Zoning Ordinance [Chapter 27] (or the adjacent municipality’s zoning ordinance).
Zoning Hearing Board–the Zoning Hearing Board of and for Dover Township.
Zoning Map–the Zoning Map of Dover Township adopted under the Dover Township Zoning Ordinance [Chapter 27], together with all amendments thereto subsequently adopted.
Zoning Officer–the zoning administrative officer or an authorized representa tive, including zoning inspector(s), duly appointed by the Township Board of Supervisors.
Zoning Ordinance–the officially adopted Dover Township Zoning Ordinance [Chapter 27] with any and all amendments thereto.
Zoning permit–a written statement issued by the Zoning Officer, authorizing buildings, structures or uses consistent with the terms of the Dover Township Zoning Ordinance [Chapter 27] and for the purpose of carrying out and enforcing its provision.
(Ord. 2011-05, 3/14/2011, § 202)
Part 3
General Procedures and Processing Requirements
General Procedures and Processing Requirements
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