Borough of Denver, PA
Lancaster County
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Table of Contents
Table of Contents
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. 
Words used in the singular imply the plural, and words used in the plural imply the singular.
B. 
The male includes the female and neuter genders.
C. 
The word "person" indicates a corporation, an unincorporated association, a partnership, estate or any other legally recognized entity, as well as an individual.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The word "buildings" includes "structures" and shall be construed as if followed by the words "or a part thereof."
F. 
The word "watercourse" includes "drain," "ditch," and "stream."
G. 
The word "may" is directory; the words "shall" and "will" are mandatory.
H. 
Words in the present tense may imply the future tense.
Other terms or words used herein shall be interpreted or defined as follows:
AADT
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.
ACCESS DRIVE
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.
APPLICANT
A developer and/or landowner, as hereinafter defined, including heirs, successors, and assigns, who has filed an application for subdivision and/or land development.
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.
BLOCK
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.
BOROUGH COUNCIL
The Denver Borough Council.
BUILDING
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.
A. 
A 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.
B. 
A 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.
BUILDING SETBACK LINE
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.
CARTWAY
The paved portion of a street or highway designed for vehicular traffic.
CHAIRPERSON
The presiding officer of the Denver Borough Planning Commission or the Denver Borough Council.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street or access drive intersection defined by a line of sight between points at center lines.
COMMUNITY WATER SUPPLY
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.
COMPREHENSIVE PLAN
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.
CONDOMINIUM
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.
DEDICATION
The deliberate appropriation of land by its owner for general public use.
DEED
A written instrument whereby an estate in real property is conveyed.
DENSITY
The number of dwelling units or units of occupancy per acre, exclusive of street rights-of-way.
DENVER BOROUGH PLANNING COMMISSION FILE NUMBER (DBPC FILE NUMBER)
The reference number by which initial applications and subsequent additions are cataloged at the Denver Borough Planning Commission.
DETENTION BASIN
A reservoir which temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater facility.
DEVELOPER
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.
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 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.
DOUBLE FRONTAGE LOT
A lot with front and rear street frontage.
DRAINAGE EASEMENT
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.
DRIVEWAY
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.
EASEMENT
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.
ELEVATION
The horizontal alignment of a surface, as it exists or as it is made by cut and/or fill.
A. 
The elevation of the lowest level of a particular building, including the basement.
B. 
The rate of rise and fall of a road surface, measured along the profile of the center line of the cartway.
ENGINEER
A professional engineer registered by the Commonwealth of Pennsylvania.
FLAG LOT
A parcel of land created by a subdivision or partition which includes a narrow projection or "flagpole" to the public right-of-way.
FLAGPOLE
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.
FLOODPLAIN
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.
FLOODPROOFING
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.
FUTURE ACCESS STRIP
A right-of-way reserved for the future improvement of a street.
A. 
Any building, site, structure, object, district or area that:
(1) 
Is listed on the National Register of Historic Places; or
(2) 
Has received a Determination of Eligibility for the National Register from the National Park Service; or
(3) 
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
(4) 
Is listed on any officially adopted municipal register or inventory of historic features.
B. 
This term shall include the site, principal structures, accessory structures, yards, vegetation, fences, road alignments, and signage associated with such features.
HORIZON YEAR
The anticipated opening year of a development, assuming full buildout and occupancy.
IMPROVEMENT CONSTRUCTION ASSURANCE
The procedures, specified in Article V, by which a developer assures the construction of improvements required by this chapter.
IMPROVEMENTS
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.
INFLUENCE AREA
An area which contains 80% or more of the trips that will be attracted to a development site.
LANCASTER COUNTY PLANNING COMMISSION
LCPC.
LAND DEVELOPMENT
The development of property as specified below:
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.
C. 
"Land development" shall not include:
(1) 
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;
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(3) 
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.
LANDOWNER
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.
LANDSCAPE ARCHITECT
A landscape architect registered by the Commonwealth of Pennsylvania.
LATERAL
A utility line between a main line, located in a utility easement or street right-of-way, and the building which the line serves.
LEVEL OF SERVICE
A measure of the effect of traffic on the capacity of a road.
LOT
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.
LOT ADD-ON PLAN
See "plan, lot add-on plan."
LOT AREA
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.
LOT FRONTAGE
That side of a lot abutting on the street right-of-way and regarded as the front of the lot.
LOT LINE MARKER
A metal plate or pin used to identify lot line intersections.
LOT WIDTH
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]
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 difference, culminating in a written agreement which the parties themselves created 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, 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."
MOBILE HOME LOT
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.
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.
MONUMENT
A concrete or stone monument used to identify street line intersections.
NON-SITE TRAFFIC
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.
OFFICIAL MAP
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.
ORDINANCE
The Denver Borough Subdivision and Land Development Ordinance of 2005 and as subsequently amended.
PASS-BY-TRIPS
See "shared trips."
PEAK HOUR
The hour during which the heaviest volume of traffic occurs on a road.
PEDESTRIAN WAY
A right-of-way, publicly or privately owned, intended for human movement by walking.
PERFORMANCE GUARANTEE
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]
PLAN
A drawing, together with supplementary data, that describes property.
A. 
A 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.
B. 
A complete and exact subdivision and/or land development plan, including all supplementary data specified in § 170-19 of this chapter.
C. 
A 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.
D. 
A 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.
E. 
A 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.
F. 
A 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.
G. 
An 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.
H. 
A 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.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
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, and planners.
PUBLIC HEARING
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.
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."[4]
RETENTION BASIN
A reservoir designed to retain stormwater runoff with its primary release of water being through the infiltration of said water into the ground.
REVERSE FRONTAGE LOT
A lot with front and rear street frontage, where vehicular access is prohibited to and from the higher intensity street.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, pedestrian way, or for other public or private use.
RUNOFF
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.
SEDIMENTATION
The process by which soil or other surface material is accumulated or deposited by wind, water, or gravity.
SERVICE STREET
See "street, alley," or (service street).
SHARED TRIPS
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.
SITE
The existing lot of record proposed for land development, including subdivision.
STOPPING SIGHT DISTANCE
The minimum length required for a vehicle traveling at a given speed to stop before reaching an object in its path.
STORMWATER MANAGEMENT DATA
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.
STORMWATER MANAGEMENT FACILITIES
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.
STREET
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:
A. 
Streets 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.
B. 
Streets 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.
C. 
Streets designed to provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets.
D. 
A public or private way affording only secondary means of access to the back or side of properties otherwise abutting on a street.
E. 
A 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.
STREET LINE
The right-of-way line of any given street.
STREET, PRIVATE
A street not accepted for dedication by a municipality.
STRUCTURE
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.
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 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.
SUBJECT TRACT
The site proposed for land development, including subdivision.
SURVEYOR
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.
SWALE
A wide shallow ditch which gathers or carries surface water.
TRACT
See "lot."
TRIP
A single or one-directional vehicle movement.
UNBUILDABLE SITE
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.
UNIT OF OCCUPANCY
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.
URBAN GROWTH BOUNDARY
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.
WAIVER
A process for alleviating specific requirements imposed by this chapter and provided under §§ 170-13 and 170-49 of this chapter.
WATERCOURSE
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.
WATERSHED
All land and water within the confines of a drainage basin.
WETLANDS
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.
[1]
Editor's Note: See Ch. 200, Zoning.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
[3]
Editor's Note: See 53 P.S. § 10509.
[4]
Editor's Note: The Act of July 3, 1986, P.L. 388, No. 84 was repealed 10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.