Unless otherwise expressly stated, terms defined in the Pennsylvania
Municipalities Planning Code ("MPC") shall have the meanings set forth in
said statute. All terms defined in this article shall have the meanings set
forth herein unless the context clearly indicates another meaning is required.
In this chapter the following rules of interpretation shall be used:
A.Â
Words used in the singular imply the plural, and words
used in the plural imply the singular.
B.Â
The male includes the female and neuter genders.
C.Â
The word "person" indicates a corporation, an unincorporated
association, a partnership, estate or any other legally recognized entity,
as well as an individual.
D.Â
The word "lot" includes the word "plot" or "parcel."
E.Â
The word "buildings" includes "structures" and shall
be construed as if followed by the words "or a part thereof."
F.Â
The word "watercourse" includes "drain," "ditch," and
"stream."
G.Â
The word "may" is directory; the words "shall" and "will"
are mandatory.
H.Â
Words in the present tense may imply the future tense.
Other terms or words used herein shall be interpreted or defined as
follows:
Annual average daily traffic count. Computed by application of a
day of the week by month factor to an average twenty-four-hour traffic count.
Such information is available in the latest volume of the Pennsylvania Department
of Transportation Traffic Data Collection and Factor Development Report.
A privately owned, constructed, and maintained vehicular access from
a public or private street to four or more off-street parking spaces or to
at least one loading space.
A developer and/or landowner, as hereinafter defined, including heirs,
successors, and assigns, who has filed an application for subdivision and/or
land 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.
Property bounded on one side by a street, and on the other three
sides by a street, railroad right-of-way, public park, waterway, municipal
line, an area of land held in separate ownership, or any combination thereof.
The Denver Borough Council.
Any enclosed or open structure, other than a boundary wall or fence,
occupying more than four square feet of area and/or having a roof supported
by columns, piers, or walls.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
BUILDING, PRINCIPALA building which is enclosed within exterior walls or fire walls, and is built, erected, and framed of component structural parts. The principal building is also designed for housing, shelter, enclosure, and support of individuals, animals, or property of any kind, and is a main structure on a given lot.
A line within a lot, designated on a plan as the minimum required
distance between any structure and the adjacent right-of-way line and/or adjacent
property line.
The paved portion of a street or highway designed for vehicular traffic.
The presiding officer of the Denver Borough Planning Commission or
the Denver Borough Council.
An area of unobstructed vision at a street or access drive intersection
defined by a line of sight between points at center lines.
A utility operated by a municipality or a company, regulated by the
Public Utility Commission, which supplies potable, domestic water for use
by more than one household, business, or institution.
The official public document prepared in accordance with the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by
Act 170 of 1988, and as subsequently amended, consisting of maps, charts,
and textual material, that constitutes a policy guide to decisions about the
physical and social development of a municipality.
A multiple unit land development in which there is a system of separate
ownership of individual units of occupancy and undivided interest of land
and common facilities.
The deliberate appropriation of land by its owner for general public
use.
A written instrument whereby an estate in real property is conveyed.
The number of dwelling units or units of occupancy per acre, exclusive
of street rights-of-way.
The reference number by which initial applications and subsequent
additions are cataloged at the Denver Borough Planning Commission.
A reservoir which temporarily contains stormwater runoff and releases
it gradually into a watercourse or stormwater facility.
Any landowner, agent of such landowner, equitable owner, or tenant
with the permission of the landowner, for whom subdivision or land development
plans are being or have been made.
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 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.
A lot with front and rear street frontage.
The land required for the installation of storm sewer or drainage
facilities, or required along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein, or to safeguard the
public against flood damage.
A private drive providing vehicular access between a street or access
drive and a parking area for a single residential unit of occupancy, or a
private drive for nonresidential uses permitted to provide less than three
parking spaces.
A right-of-way granted for limited use of property by the landowner
for a public or quasi-public or private purpose, and within which the owner
of the property shall not have the right to make use of the land in a manner
that violates the right of the grantee.
The horizontal alignment of a surface, as it exists or as it is made
by cut and/or fill.
FLOOR ELEVATIONThe elevation of the lowest level of a particular building, including the basement.
ROAD GRADEThe rate of rise and fall of a road surface, measured along the profile of the center line of the cartway.
A professional engineer registered by the Commonwealth of Pennsylvania.
A parcel of land created by a subdivision or partition which includes
a narrow projection or "flagpole" to the public right-of-way.
A narrow extension of property on a lot or parcel from the buildable
area of a lot to the public right-of-way, and which is not part of the lot
area, but serves as access to the lot or parcel.
The area of inundation which functions as a storage or holding area for floodwater to a width required to contain a base flood of which there is a one-percent chance of occurring in any given year. The floodplain also contains both the floodway and the flood fringe. The floodway is the channel of a watercourse and the adjoining land area which are required to carry and discharge the base flood. The flood fringe is the adjoining area which may be covered by water of the base flood. The location of a floodplain shall be established in accordance with § 170-35D, and may include an area of greater magnitude than the base flood if a greater flood hazard area is designated by a municipal ordinance.
Any combination of structural and/or nonstructural provisions, additions,
changes, or adjustments to structures or contents that are designed or adapted
primarily to reduce or eliminate flood damage to those structures or contents.
A right-of-way reserved for the future improvement of a street.
Any building, site, structure, object, district or area that:
Is listed on the National Register of Historic Places; or
Has received a Determination of Eligibility for the National Register
from the National Park Service; or
Is listed on the Lancaster County Historic Sites Register or the Comprehensive
Site Survey of Lancaster County, both of which are maintained by the Historic
Preservation Trust of Lancaster County; or
Is listed on any officially adopted municipal register or inventory
of historic features.
This term shall include the site, principal structures, accessory structures,
yards, vegetation, fences, road alignments, and signage associated with such
features.
The anticipated opening year of a development, assuming full buildout
and occupancy.
The procedures, specified in Article V, by which a developer assures the construction of improvements required by this chapter.
Physical changes to the land, including but not limited to grading,
paving, curbs, gutters, storm sewers and drains, improvements to existing
watercourses, sidewalks, street signs, monuments, water supply facilities,
and sewage disposal facilities.
An area which contains 80% or more of the trips that will be attracted
to a development site.
LCPC.
The development of property as specified below:
The improvement of one lot or two or more contiguous lots, tracts, or
parcels of land for any purpose involving:
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
The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of, streets, common areas, leaseholds, condominiums, building
groups, or other features.
A subdivision of land.
"Land development" shall not include:
The conversion of an existing single-family detached dwelling or single-family
semidetached dwelling into not more than three residential units, unless such
units are intended to be a condominium;
The addition of an accessory building, including farm buildings, on
a lot or lots subordinate to an existing principal building; or
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.
The legal, beneficial, equitable owner or owners of land, including
the holder of an option or contract to purchase (whether or not such option
or contract is subject to any conditions), a lease (if he is authorized under
the lease to exercise the right of the landowner), or another person having
a proprietary interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
A utility line between a main line, located in a utility easement
or street right-of-way, and the building which the line serves.
A measure of the effect of traffic on the capacity of a road.
A designated parcel, tract, or area of land established by a plat
or otherwise permitted by law and to be used, developed, or built upon as
a unit.
See "plan, lot add-on plan."
The area contained within the property lines of the individual parcel
of land, excluding space within the street right-of-way. The lot area includes
the area of any utility easement or stormwater management facility, but does
not include the "flagpole" of a flag lot.
That side of a lot abutting on the street right-of-way and regarded
as the front of the lot.
A metal plate or pin used to identify lot line intersections.
The horizontal distance between the side lot lines measured along
the minimum prescribed front yard setback line as set forth in the Zoning
Ordinance.[1]
A voluntary negotiating process in which parties in a dispute mutually
select a neutral mediator to assist them in jointly exploring and settling
their difference, culminating in a written agreement which the parties themselves
created and consider acceptable.
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, and 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. The term "manufactured home"
may be used synonymously. The term "mobile home" shall not be deemed to include
"recreational vehicle" or "modular home."
A parcel of land in a mobile home park, improved with necessary utility
connections and other appurtenances necessary for the erection thereon of
a single mobile home.
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.
A concrete or stone monument used to identify street line intersections.
Vehicle trips passing within the study area as defined in the traffic
impact study that do not enter or exit the site and are generally the result
of through traffic and traffic generated by other developments.
An ordinance adopted and amended from time to time pursuant to Article V of the Pennsylvania Municipalities Planning Code[2] by the Borough Council as appropriate containing a drawing or
drawings that show the precise location of future road rights-of-way or lands
to be publicly acquired either through purchase or dedication, and which is
used to facilitate the proper placement of structures in relation to future
property lines.
The Denver Borough Subdivision and Land Development Ordinance of
2005 and as subsequently amended.
See "shared trips."
The hour during which the heaviest volume of traffic occurs on a
road.
A right-of-way, publicly or privately owned, intended for human movement
by walking.
Any financial security which may be accepted in lieu of certain improvements
being made prior to final plan approval, pursuant to Section 509 of the Pennsylvania
Municipalities Planning Code.[3]
A drawing, together with supplementary data, that describes property.
CENTER LINE SEPARATION PLANA complete and exact subdivision plan which creates two lots by using a street center line as the common boundary, and which meets the criteria specified in § 170-14 of this chapter.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in § 170-19 of this chapter.
LOT ADD-ON PLANA complete and exact subdivision plan, including all supplementary data specified in § 170-20 of this chapter. The sole purpose of which is to increase the lot area of an existing lot or tract.
MINOR LAND DEVELOPMENT PLANA complete and exact land development plan which meets one of the thresholds specified in § 170-11 of this chapter and is designed in accordance with the requirements of § 170-19.
MINOR SUBDIVISION PLANA complete and exact subdivision plan which meets the criteria specified in § 170-16A and is designed to meet the specifications of § 170-21 of this chapter.
RECORD PLANA final plan which contains the original endorsement of the municipality and the Commission, which is intended to be recorded with the Lancaster County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of proposal prepared in accordance with § 170-17 of this chapter.
PRELIMINARY PLANA land development or subdivision plan prepared by a licensed engineer, land surveyor or landscape architect, in less detail than a final plan, showing approximate street, drainage, and lot layout as a basis for consideration prior to preparation of a final plan.
The map or plan of a subdivision or land development, whether preliminary
or final.
Persons who provide expert or professional advice, including, but
not limited to, architects, attorneys, certified public accountants, engineers,
geologists, land surveyors, landscape architects, and planners.
A formal meeting held pursuant to public notice, intended to inform
and obtain public comment, prior to taking action in contested cases or prior
to amending this chapter.
A forum held pursuant to notice under the act of July 3, 1986 (P.L.
388, No. 84), known as the "Sunshine Act."[4]
A reservoir designed to retain stormwater runoff with its primary
release of water being through the infiltration of said water into the ground.
A lot with front and rear street frontage, where vehicular access
is prohibited to and from the higher intensity street.
The total width of any land reserved or dedicated as a street, alley,
pedestrian way, or for other public or private use.
The surface water discharge and rate of discharge of a given watershed
after a full rain or snow that does not enter the soil but runs off the surface
of the land.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
See "street, alley," or (service street).
Vehicle trips entering and exiting the site which were using the
facility on the adjacent streets and therefore did not generate new trips
on the road.
The existing lot of record proposed for land development, including
subdivision.
The minimum length required for a vehicle traveling at a given speed
to stop before reaching an object in its path.
The plan information, designed in accordance with § 170-35 of this chapter, which identifies design and construction details for managing the quantity and quality of stormwater runoff.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses, and floodplains)
used to implement a stormwater management program.
A public or private thoroughfare which affords the principal means
of access to abutting property, including avenue, place, way, parkway, lane,
boulevard, highway, road, and any other thoroughfare except an alley, access
drive, or driveway. Streets shall conform to one of the following categories:
ARTERIALStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land that would interfere with their primary traffic functions.
COLLECTORStreets designed to carry a moderate volume of traffic between local streets and arterials at moderate speeds, and provide only limited vehicular access to the abutting properties.
LOCALStreets designed to provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets.
ALLEYA public or private way affording only secondary means of access to the back or side of properties otherwise abutting on a street.
CUL-DE-SACA street which either: intersects at one end with another street and terminates at the other end in a vehicular turnaround; or intersects at one end with another street and loops back and intersects with itself in roughly a P shape.
The right-of-way line of any given street.
A street not accepted for dedication by a municipality.
Any man-made object having an ascertainable stationary location on
or in land or water or part thereof, whether or not affixed to the land. The
term "structure" shall include buildings, signs, fences, walls, towers, swimming
pools, porches, garages, and similar structures, or part thereof.
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 devises,
transfer of ownership, or building, or lot development; provided, however,
that the subdivision by lease of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easements of access
or any residential dwelling, shall not be considered as subdivisions within
the meaning of this chapter.
The site proposed for land development, including subdivision.
An individual registered with the Commonwealth of Pennsylvania as
authorized to measure the boundaries of tracts of land, establish locations,
and perform the requirements of a survey.
A wide shallow ditch which gathers or carries surface water.
See "lot."
A single or one-directional vehicle movement.
A portion of a tract of land which due to physical or environmental
conditions cannot support or is inappropriate for construction of a road,
structure, or any other man-made improvement. Examples include wetlands, sinkholes,
landslides, endangered species habitats, and hazardous waste dumps.
An allocation of space within a building or structure that is independent
of other such space and that constitutes a separate use. This shall include
both fee simple ownership and leaseholds.
A boundary around an area that includes a city or borough at its
center, developed portions of townships, and enough buildable lands to meet
future land use needs over a twenty-year period to the year 2025.
A permanent topographic feature, whether natural or man-made, that
serves to gather and carry flowing surface water such as a permanent or intermittent
stream, a river, creek, brook, run, or swale; and which measured by the width
of the channel during normal high water.
All land and water within the confines of a drainage basin.
Areas that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturate
soil conditions, including swamps, marshes, bogs, and similar areas.
