Borough of Carlisle, PA Definitions

The land on which the building is located and portions of the building which are not included in a unit.

The foundation, structural parts, supports, main walls, roofs, basements, halls, corridors, lobbies, stairways and entrances and exits of the building.

DESIGNATED FLOODPLAIN DISTRICTS

The yards, parking area and driveways.

(4)

The portion of the land and building used exclusively for the management, operation or maintenance of the common elements.

(5)

Installation of all central services and utilities.

(6)

All other elements of the building necessary or convenient to its existence, management, operation, maintenance and safety or normally in common use.

(7)

Such other facilities as are designated as common elements.

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 and designated 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.

CONDOMINIUM

Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and other related common easements, together with individual ownership in a fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices and other types of space in commercial buildings or on property.

CONSISTENCY

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar, connection or relationship.

COOPERATIVE

Ownership in common with others of a parcel of land or of a building or buildings thereon which would normally be used by all the occupants, together with individual rights of occupancy of a particular unit or apartment in such building or buildings or on such parcel of land, and may include dwellings, offices or other types of space in commercial buildings or on property and where the lease, sale or exchange of a unit is subject to the agreement of the group of persons having common ownership.

CROSSWALK

A right-of-way, publicly or privately owned, intended to furnish access for pedestrians.

CUL-DE-SAC

A street intersecting another street at one end and terminating at the other in a permitted vehicle turnaround.

CULVERT

A drain, pipe or conduit not incorporated in a closed system that carries drainage water under a driveway, street, railroad, pedestrian walk or public way.

CURB

A boundary constructed of concrete or similar materials that is placed along the edge of a cartway or paved area or within a paved area.

CURB CUT

The opening along the curbline at which point vehicles may enter or leave a lot from a street.

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.

DECLARATION PLAN

A survey for a condominium which shows the property, the location of a building thereon, the building and the layout of the floors of the building, including the units and the common elements, and sets forth the name by which the property will be known and the unit designation for each unit therein. The plan shall be prepared in accordance with the Pennsylvania Unit Property Acts and shall bear the verified statement of a registered architect or licensed professional engineer.

DEP

The Pennsylvania Department of Environmental Protection and its relevant subparts.

Those floodplain districts specifically designated in the Carlisle Zoning Ordinance.[2]

DETENTION POND

Any facility or structure used for the purpose of collecting stormwater and delaying its runoff.

DEVELOPER

Any landowner, agent of such landowner or tenant with permission of such landowner who makes or causes to be made a subdivision of land or land development. (See also "applicant" and "subdivider.")

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 or land development.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, 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 spaces 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.

DRAINAGE

Surface runoff; and the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction of development, the means of preserving the water supply and the prevention or alleviation of flooding.

DRAINAGE FACILITY

Any ditch, gutter, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision, land development or contiguous land areas.

DRAINAGE SYSTEM

Pipes, swales, natural features or man-made improvements designed to carry drainage.

DRIVEWAY

A privately owned, constructed and maintained vehicular access from a street to one dwelling unit or more than one dwelling unit, provided all of the units are held under single unified ownership, one commercial unit or one industrial unit.

[Amended 2-14-2008 by Ord. No. 2093, approved 2-21-2008]

DWELLING

A building or structure designed for living quarters for one or more persons or families.

DWELLING UNIT

More than one room used for living and sleeping purposes and having its own kitchen with fixed cooking, refrigeration and plumbing facilities, and its own sanitation facilities with bath and toilet fixtures, all arranged for occupancy by one family or a single person. Each dwelling unit shall have a separate access to the outside or to a common passageway.

EASEMENT, UTILITY

A right-of-way granted for the limited use of land for public or quasi-public purposes.

ENGINEER

A professional engineer licensed as such in Pennsylvania, duly appointed as the Engineer for the Borough and Planning Commission.

ENGINEERING SPECIFICATIONS

The engineering specifications of the Borough of Carlisle regulating the installation of any required improvements or for any facility installed by any applicant.

EROSION

The removal of surface materials by the action of natural elements.

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. It shall include the conditions resulting therefrom.

EXISTING GRADE

The vertical location of the ground surface prior to excavation or filling.

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]

FILL

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, and it shall include the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade; the material used to make fill.

FINISHED GRADE

The proposed elevation of the land surface of a site after completion of all site preparation work.

FLOOD FRINGE or FF

That portion of the floodplain outside the floodway in which detailed study data and water surface profiles have been provided by a flood insurance study.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual or rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN or FLOODPRONE AREAS:

A relatively flat or low land area adjoining a river, stream, watercourse, bay or lake which is subject to partial or complete inundation.

FLOODWAY or FP or REGULATORY FLOODWAY or RFW

An area susceptible to being inundated by water from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to buildings or structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or buildings and their contents.

The channel of a river or other watercourse and the adjacent land areas reasonably required to carry and discharge the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above the existing conditions, as demonstrated in the flood insurance study.

FUTURE RIGHT-OF-WAY:

Right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads or to comply with the provisions of this chapter.

GENERAL CONSISTENCY; GENERALLY CONSISTENT

A right-of-way established to provide future access to or through undeveloped land.

That which exhibits consistency.

GOVERNING BODY

The Borough Council of the Borough of Carlisle, Cumberland County, Pennsylvania.

HALF STREET or PARTIAL STREET

A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than required for improvement and used as a street in accordance with the Borough of Carlisle Subdivision and Land Development Ordinance.

IMPROVED PUBLIC STREET

Any street for which the Borough, county or commonwealth has maintenance responsibility and which is paved with an approved hard-top surface.

IMPROVEMENTS

Those physical additions, installations and changes required to render land suitable for the use intended, including grading, paving, curbing, streetlights and signs, fire hydrants, water mains, electric service, telephone service, cable service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts and street shade trees.

LAND DEVELOPMENT

Any of the following:

(a)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

[1]

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

[2]

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.

(b)

A subdivision of land.

Excluded from this definition of" land development" are the following:

(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.

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 conditions), 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.

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.

DOUBLE FRONTAGE LOTA lot which abuts a street on two or more opposing or nonadjacent sides.

[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]

REVERSE FRONTAGE LOTA lot extending between and having frontage on an arterial street and a local street and with vehicular access solely from the latter.

LOT AREA

The area contained within the property lines of a lot, as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement.

MANAGER

The Borough of Carlisle Manager appointed by the Borough Council.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MINOR LAND DEVELOPMENT

A land development which involves:

Solely the enlargement of a single building or structure on an existing lot of record, or the expansion of a parking and/or loading area, together with all required design, performance, improvement and construction, and off-street parking and loading standards, all as related to such enlargement, as set forth in this chapter and in Chapter 255, Zoning, of this Code; provided, further, that there is not created by the land development any new public or private street, or street easements; and

A development that is limited to a gross floor area addition or expansion of 2,000 square feet, or a maximum of 25% increase in GFA, whichever is less; and

[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]

A development that does not require the submission of a stormwater management plan, or significantly alter existing grading, require any new stormwater management facilities, or create any runoff issues; and

(4)

A development that does not require the preparation of a traffic impact study in accordance with § 226-20G; and

(5)

A development that does not occur within or immediately adjacent to a floodplain, wetland, mature woodlot, or habitat of any endangered or threatened species, solid waste brownfield or superfund contaminated site, or archeological or historic site as may be listed on the National Register of Historic Places.

MINOR SUBDIVISION

A plat that proposes to consolidate two adjoining separate lots or proposes to transfer a portion or portions of two existing lots between those lots provided both revised lots fully comply with the Zoning Ordinance, and no new or third lot is created, or a plat that proposes to combine two or more existing lots into not more than one larger lot;

PLANNED RESIDENTIAL DEVELOPMENT

The subdivision of a single lot of land into not more than two lots for the purpose, whether immediate or future, for transfer of ownership, or for a building development site. All lots shall have direct frontage on an existing improved public street; and provided that the minor subdivision does not create a new public or private street, easements of access, other than a private driveway.

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 erections thereon of a single mobile home.

MOBILE HOME PARK

A parcel or continuous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MUDSLIDE

A condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on or under the ground, preceded by a period of unusually heavy or sustained rain.

MUDSLIDE-PRONE AREA

An area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudslide.

MUNICIPAL AUTHORITY [3]

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945,” or pursuant to its successor, the Act of June 19, 2001 (P.L. 287, No. 22).[4]

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.

MUNICIPALITY

Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class A through eighth class, home rule municipality or any similar general purpose unit of government which shall hereafter be created by the Commonwealth of Pennsylvania.

ONE-HUNDRED-YEAR-FLOOD

The highest level of flooding that, on the average, is likely to occur once every 100 years within the Borough; i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year. It shall mean “base flood” or “area of special flood hazard” or “regulatory flood.”

OPEN SPACE

The unoccupied space open to the sky on the same lot with the building and not covered by structures or paving. Also, see "common open space."

OWNER

Any person having any title or any interest of a legal equitable nature in any land development or subdivision as defined in this article.

PERSON

Any individual or group of individuals, partnership or corporation.

An area of land controlled by a landowner to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

PLANNING COMMISSION

The Borough of Carlisle Planning Commission.

PLAN, OFFICIAL

The Comprehensive Plan and/or Development Policy Plan (Master Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map or other such plans, or portions thereof, as may be adopted, pursuant to statute, for the area of the Borough in which the subdivision is located.

PLAN, SKETCH

An informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

PRINCIPAL BUILDING or PRINCIPAL USE

The basic purpose for which a building or land area is occupied or intended to be occupied, as opposed to accessory or incidental uses; usually classifiable as residential, commercial, manufacturing or public in nature.

PRIVATE STREET

A street, other than a public street, which provides pedestrian and vehicular access to one or more lots and constructed to the design standards contained in this chapter.

PROFILE LINE

The profile of the center line of the finished surface of the street, which shall be midway between the side lines of the street.

PUBLIC

Owned, operated or controlled by a government agency, whether federal, state or local, and including any corporation created by law for the performance of certain specialized governmental functions, and any public school district.

PUBLIC GROUNDS

Include:

Parks, playgrounds, trails, paths and other recreational areas and other public areas.

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

RECREATIONAL VEHICLE PARK or CAMPGROUND

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 this chapter.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

RECREATIONAL VEHICLE

A vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which has its own motive power or is mounted on or drawn by another vehicle (including camper trailer, motor home, travel trailer and truck camper); and which has a body width of no more than eight feet and body length of no more than 35 feet when designed for the road, whether licensed or not licensed.

A parcel of land under single ownership which has been planned and improved for the placement of recreational vehicles or camping equipment for temporary living quarters; for recreational, camping or travel use; or recreational vehicle or campground lots rented for such use, thereby constituting a land development.

RECREATIONAL VEHICLE PARK OR CAMPGROUND LOT

A parcel of land abutting a street or private road occupied by one recreational vehicle or camping equipment for temporary living quarters for recreational, camping or travel use, together with such open space as is required under the provisions of this Subdivision and Land Development Ordinance having not less than the minimum area and width required by this chapter for a “recreational vehicle park” or "campground lot."

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation based upon information contained in the Flood Insurance Rate Study, plus a freeboard safety factor of 1 1/2 feet. Unless other data exists, within the General Floodplain Conservation District, the regulatory flood elevation shall be established at a point on the boundaries of the General Floodplain Conservation District which is nearest to the construction site.

RESERVE STRIP

A narrow parcel of ground separating a street from other adjacent properties. This shall have the same meaning as the term "buffer strip" or "buffer area."

RESUBDIVISION

Any subdivision or transfer of land, laid out on a plan which has been approved by the Borough Council which changes or proposes to change property lines or a public right-of-way not in strict accordance with the approved plan.

RETENTION POND

Any facility or structure used for the purpose of collecting and holding stormwater runoff in a fixed location.

RIGHT-OF-WAY, STREET

A public or private thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, etc.

RUNOFF

The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited or remains suspended in water, it is usually referred to as “sediment.”

SEPTIC SYSTEM

A sewer system covered with ground, used for the decomposition of domestic wastes, that meets state requirements.

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.

SEWAGE DISPOSAL SYSTEM, ON-SITE

Any structure designed to eliminate sanitary sewage within the boundaries of the lot.

SEWAGE DISPOSAL SYSTEM, PUBLIC

A sanitary sewage collection method in which sewage is carried from the site by a system of pipes to a municipal treatment and disposal plant.

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.

SLOPE

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

SOIL PERCOLATION TEST

A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal.

SOIL STABILIZATION

Chemical or structural treatment designed to increase or maintain the stability of a mass of soil or otherwise to improve its engineering properties.

STAFF

Employees of the Borough of Carlisle serving the Carlisle Planning Commission and Borough Council.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET CLASSIFICATION

Certain standards in this chapter vary with the type of street abutting the properties. All existing streets within the Borough have been classified in accordance with the following definitions:

EXPRESSWAYA limited access street on which access is provided only at interchanges.

ARTERIALA street whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties subject to necessary control of entrances, exits and curb use.

UTILITY, PUBLIC OR PRIVATE

COLLECTORA street which provides for the movement of moderate volumes of traffic between arterials and local streets and direct access to abutting property.

(4)

LOCALA street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.

STREET SHOULDERS

The portion of the street, contiguous to the cartway, for the accommodation of stopped vehicles, for emergency parking and for lateral support of base and surface courses of the pavement.

STREET WIDTH

A distance between street right-of-way lines, measured at right angles to the center line of the street.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER

The owner or authorized agent of the owner of a lot, tract or parcel of land to be subdivided for sale or land development under the terms of this chapter. (See also "applicant" and "developer.")

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. However, 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 residential dwellings, shall be exempted. (See also "land development.")

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SURVEYOR

A professional land surveyor registered and licensed by the Commonwealth of Pennsylvania to engage in the practice of land survey.

SWALE

A low-lying stretch of land characterized as a depression used to carry surface water runoff.

TILE DISPOSAL FIELD

A system of open-jointed or perforated pipes laid in the upper strata of the soil for absorption.

TOPSOIL

Surface soils and subsurface soils which presumably are fertile soil and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A Horizon."

TREE LAWN

The area between the curb and the sidewalk in residential subdivisions which is landscaped with grass or other suitable plant cover.

UNDEVELOPED LAND

Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building.

UNIT

When applied to a condominium, a part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a street or way or to a common element or common elements leading to a street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building.

Any agency which, under public franchise or ownership or under certificate of convenience and necessity, provides the public with electricity, gas, steam, communication, transportation, water, sewage collection or similar service.