Township of Mount Joy, PA Article II Terminology

§ 86-7 Word usage and definitions.

A. For the purpose of this chapter, the following words and phrases shall have meaning as given in this article:

(1) Words in the present tense shall include the future.

(2) The singular includes the plural.

(3) The word "shall' is mandatory; the word "may" is optional.

(4) The word "person" means an individual, corporation, partnership, firm, association, company, or any other similar entity.

(5) If a word is not defined in this chapter but is defined in Chapter 110, Zoning, the definition found in Chapter 110, Zoning, shall apply. If a word is not defined in this chapter but is defined in Chapter 81, Stormwater Management, the definition found in Chapter 81, Stormwater Management, shall apply. In the event of a conflict between the definitions found in Chapter 110, Zoning, and Chapter 81, Stormwater Management, the definitions found in Chapter 110, Zoning, shall control; except, in matters relating to stormwater management or erosion and sedimentation control, the definitions found in Chapter 81, Stormwater Management, shall control.

[Added 8-21-2003 by Ord. No. 2003-5; amended 11-2-2017 by Ord. No. 2017-04]

B. Definitions. As used in this chapter the following terms shall have the meanings indicated:

ACCESS DRIVE

An improved surface, other than a street or driveway, which is privately owned and maintained and intended to provide vehicular access from a street, whether public or private, to a lot or development.[1]

[Amended 11-2-2017 by Ord. No. 2017-04]

ACCESSORY STRUCTURE

A subordinate structure serving a purpose customarily subordinate and incidental to that of the principal use and which is located on the same lot as the principal use.

[Amended 11-2-2017 by Ord. No. 2017-04]

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or side of properties.

APPLICANT

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, "applicant" means a landowner or developer, as hereinafter defined, who has filed an application for development or permit, including his heir, successor, assign and agent.[2]

[Amended 11-2-2017 by Ord. No. 2017-04]

AREA

The two-dimensional measurement of space between known lines or boundaries.

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) BUILDING AREA The total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces, and steps (e.g., top view).

(2) FLOOR AREA Except as otherwise expressly provided in this chapter, the sum of the floor area of a structure as measured to the outside surfaces of exterior walls. The floor area of a dwelling includes all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways and foyers, but not including unfinished cellars or attics that would not meet Pennsylvania Uniform Construction Code requirements for a habitable space and unheated areas such as a porch.

(3) LOT AREA The total surface area contained within the lot lines of a lot, exclusive of public and private street rights-of-way.

BLOCK

An area bounded by streets.

BUILDING SETBACK LINES

A line established by law or agreement, usually parallel to property lines, beyond which a structure may not extend. This does apply to uncovered entrances platforms, porches, patios and steps.

CARTWAY

The surface of a street or road available for vehicular traffic.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.

CONDOMINIUMS

A given set of dwelling units each of which is owned by an individual person or persons in fee simple, and which is assigned a proportionate interest in all common elements, as set forth in the Uniform Condominium Act, Act of the General assembly of July 2, 1980, P.L. 296, No. 8.2, Section 1, et seq., as amended and supplemented.[3]

COUNTY

The County of Adams, Commonwealth of Pennsylvania.

CROSSWALK

A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.

DEVELOPER

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means 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, a land development or a use requiring zoning approval.

[Amended 11-2-2017 by Ord. No. 2017-04]

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.

DWELLING

Any structure or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including: (i) hotel, motel and similar uses (including, as example, such uses generally understood to be a boarding home, rooming house, or lodge); (ii) institutional housing, such as a hospital, nursing home, assisted living facility, dormitory and orphanage; and bed-and-breakfast, limited lodging, care dwelling, and sober living residence uses, each of which is discretely identified and regulated in this chapter as a specific use. A recreational vehicle or camper shall not be construed as a dwelling.

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) SINGLE-FAMILY A freestanding structure containing one dwelling unit occupied by one family.

(2) MANUFACTURED (MOBILE) HOME As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into an 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. Such dwelling must comply with applicable federal and state law and regulations governing construction and safety.

(3) MULTIPLE-FAMILY A freestanding structure containing three or more dwelling units, each occupied by one family, arranged in a side-by-side or over-and-under configuration, or combination thereof.

(4) TWO-FAMILY A freestanding structure containing two dwelling units, each occupied by one family, arranged in a side-by-side or over-and-under configuration.

DWELLING UNIT

A structure or portion thereof arranged or designed for occupancy by not more than one family and having its own sleeping, cooking and sanitary facilities and having a separate access to the outside or to a common hallway that connects to an outside access, including by means of a common stairway or elevator. Occupancy of a dwelling unit shall be sufficiently stable and permanent as to not be fairly characterized as transient.

[Added 11-2-2017 by Ord. No. 2017-04]

EASEMENT

An interest in land owned by another person, consisting in the right to use or control the use of land, or areas above or below it, for a specific limited purpose, and which reserves to the owner of the land all other incidents of ownership.

[Added 11-2-2017 by Ord. No. 2017-04]

EASEMENT, UTILITY

A right-of-way granted for a limited or specific use.

ENGINEER, TOWNSHIP

The Township Engineer or any professional consultant designated by the Board of Township Supervisors to review a subdivision plan and perform the duties of Engineer in behalf of the Township.

ENGINEERING SPECIFICATIONS

The engineering specifications of the municipality regulating the installation of any required improvements or for any facility installed by any owner, subject to public use.

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, carried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.

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. 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; and the material used to make fill.

FLOOD

(1) FLOOD-PRONE AREA A relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or, any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

(2) FLOODWAY The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude.

(3) ONE-HUNDRED-YEAR FLOOD A flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.

(4) REGULATORY FLOOD ELEVATION The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.

GOVERNING BODY

The Board of Supervisors of the Township of Mount Joy, Adams County, Pennsylvania.

IMPROVEMENT

Any structure or paving placed upon land, including the provision of underground or aboveground utilities, as well as any physical change to the surface of the land, including, but not necessarily limited to, grading, paving, the placement of stormwater management facilities, sidewalks, street signs, traffic control devices, and monuments. This definition expressly excludes the tilling of soil for planting.

[Added 11-2-2017 by Ord. No. 2017-04]

IMPROVEMENTS

Any structure/infrastructure; physical additions; and changes made to a parcel of land.

LAND

The topographic aspects of a given area, as taken as a whole and available for a given use, including but not limited to soil cover, water and natural and/or man-made elements such as trees or fences.

LAND DEVELOPMENT

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means:

[Amended 11-2-2017 by Ord. No. 2017-04]

(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 the occupants or tenure; or

(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.

(3) In accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code[4] and § 86-7 of this chapter, the following activities are excluded from the definition of land development:

(a) The conversion of an existing single-family detached dwelling, two-family 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 to an existing structure or the construction of a new single accessory structure on a lot existing as of the effective date of this chapter; provided, however, that the accessory structure does not:

[Amended 9-3-2020 by Ord. No. 2020-06]

[1] If the addition or new accessory structure is to be used for agricultural purpose, exceed a total square footage of 4,000 square feet;

[2] If the addition or new accessory structure is to be used for a nonresidential purpose, exceed a total square footage of 1,000 square feet or 10% of the principal nonresidential structure's square footage, whichever is less, as existed as of the effective date of this chapter;

[3] Create negative stormwater impacts on existing stormwater facilities or on neighboring lots;

[4] Require the construction of additional access drive(s); and

[5] Require the need for a DEP sewer planning module or exemption.

(c) The addition or conversion of buildings, structures or rides within an amusement, theme and/or zoo park.

LANDOWNER

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment means 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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

[Amended 11-2-2017 by Ord. No. 2017-04]

LOT

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means 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. The bisection of a lot by street (public or private) or waterway does not create separate lots. Where used in this chapter, the word "premises" shall mean "lot."

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) LOT, CORNER A lot having street frontage on two intersecting streets or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.

(2) LOT, FLAG A lot generally configured in the shape of a flagpole and flag.

(3) LOT, INTERIOR A lot with only one street frontage.

(4) LOT, LANDLOCKED A lot which has no frontage on any street (public or private).

(5) LOT, THROUGH/REVERSE-FRONTAGE A lot having frontage on two parallel or approximately parallel streets.[5]

MINOR LAND DEVELOPMENT PLAN

A plan of one of the following types:

[Added 11-7-2013 by Ord. No. 2013-04]

(1) CORRECTIVE PLAN A plan that corrects a plain error in either a plan recorded prior to June 14, 1990, or a plan approved and recorded on or after June 14, 1990.

(2) APPROVED PLAN REVISION PLAN A plan that represents a minor amendment to a land development plan that has received final plan approval, so long as the proposed amendment (i) does not affect a condition of approval other than to eliminate the need for the condition; (ii) does not require a change to an approved road layout; (iii) does not require a major modification to an approved stormwater management plan; (iv) does not increase the building footprint, use, or impervious coverage; and (iv) the land development plan remains fully compliant with the applicable requirements of Chapter 110, Zoning, except those from which variance was granted by decision of the Zoning Hearing Board, and with the applicable requirements of this chapter, except those from which modification approval was given by the Board of Supervisors. For purposes of this section, a major modification to an approved stormwater management plan means the alteration of an approved stormwater management plan that requires the recalculation of peak runoff rates, volumes, and conveyance calculations. This may include changes in the land cover, modifications to the size of stormwater management facilities, or modifications to the discharge points of the stormwater facilities. A modification of less than 200 feet of storm sewer or swales does not qualify as a major modification.

(3) MINOR LAND DEVELOPMENT PLAN Except as noted below, a plan providing for (i) a new or addition to an accessory building or structure of 1,000 square feet or less or not exceeding 10% of the footprint of an existing principal building or structure on the same lot, whichever is less, including such new building or structure or addition located on a lot improved with a residence but which is not accessory to the residence under Chapter 110, Zoning; (ii) an agricultural building or structure of 5,000 square feet or less; or (iii) an accessory parking area or lot, as long as the land development plan is fully compliant with the applicable requirements of Chapter 110, Zoning, except those from which variance was granted by decision of the Zoning Hearing Board, and with the applicable requirements of this chapter, except those from which modification approval was given by the Board of Supervisors. Regardless of the foregoing, a land development plan requiring a stormwater management plan does not qualify as a minor land development plan.

(4) UTILITY PLAN A plan providing for the placement or construction of water, sewer, gas or telephone/wireless communications land lines and facilities.

[Amended 9-3-2020 by Ord. No. 2020-06]

MINOR SUBDIVISION PLAN

A plan of one of the following types that does not include an application for variance from a requirement of Chapter 110, Zoning, or modification of a requirement of this chapter.

[Added 11-7-2013 by Ord. No. 2013-04]

(1) CORRECTIVE PLAN A plan that corrects a plain error in either a plan recorded prior to June 14, 1990, or a plan approved and recorded on or after June 14, 1990.

(2) LOT-LINE ADJUSTMENT PLAN or LOT ADDITION PLAN A plan that creates no additional lots, but results in lots compliant with the applicable requirements of Chapter 110, Zoning. This plan type also includes lawfully existing nonconforming lots, so long as the condition(s) of nonconformity is not increased.

(3) APPROVED PLAN REVISION PLAN A plan that represents a minor amendment to a subdivision plan that has received final plan approval, so long as the proposed amendment: (i) does not create a new lot; (ii) does not require a change to an approved road layout; (iii) does not affect a condition of approval other than to eliminate the need for the condition; (iv) does not require a major modification to an approved stormwater management plan; and (v) the land development plan remains fully compliant with the applicable requirements of this Chapter 110, Zoning, except those from which variance was granted by decision of the Zoning Hearing Board, and with the applicable requirements of this chapter, except those from which modification approval was given by the Board of Supervisors. For purposes of this section, a major modification to an approved stormwater management plan means the alteration of an approved stormwater management plan that requires the recalculation of peak runoff rates, volumes, and conveyance calculations. This may include changes in the land cover, modifications to the size of stormwater management facilities, or modifications to the discharge points of the stormwater facilities. A modification of less than 200 feet of storm sewer or swales does not qualify as a major modification.

(4) MINOR RESIDENTIAL SUBDIVISION PLAN A plan creating one new lot for single-family residential development (not including a remainder lot) so long as (i) no new street or extension of an existing street is proposed, (ii) stormwater management is not required at the time of subdivision, and (iii) the lots are fully compliant with the applicable requirements of Chapter 110, Zoning, except those from which variance was granted by decision of the Zoning Hearing Board, and with the applicable requirements of this chapter, except those from which modification approval was given by the Board of Supervisors; provided, however, only one new lot may be created by means of a minor residential subdivision plan from the lot of record existing as of the effective date of this chapter. Subsequent subdivision of the new or remainder lot does not qualify as a minor residential subdivision plan.

(5) MINOR AGRICULTURAL LOT SUBDIVISION PLAN A plan creating four or fewer agricultural lots each 10 or more acres in size (not including a remainder lot) so long as (i) no new street or extension to an existing street is proposed and (ii) the lots are fully compliant with the applicable requirements of Chapter 110, Zoning, except those from which variance was granted by decision of the Zoning Hearing Board, and with the applicable requirements of this chapter, except those from which modification approval was given by the Board of Supervisors.

(6) RIGHT-OF-WAY DEDICATION PLAN A plan dedicating right-of-way for public use (road, utility, etc.) so long as the remainder lot(s) is fully compliant with the applicable requirements of Chapter 110, Zoning.

MUNICIPALITY

Mount Joy Township.

PLAN, SKETCH

An informal plan, not necessarily to exact scale, generally indicating existing features of a tract, its surroundings and the general layout of a proposed subdivision or land development. Submission of a sketch plan is encouraged but not required.

[Amended 11-2-2017 by Ord. No. 2017-04]

PLAN, PRELIMINARY

A tentative subdivision or land development plan, in lesser detail than the final plan, indicating the approximate proposed layouts of a subdivision or land development as a basis for consideration prior to preparation of the final plan.

PLAN, FINAL

A complete and exact subdivision or land development plan prepared for official recording as required by statute.

PLANNING COMMISSION

The Mount Joy Township Planning Commission.

PUBLIC GROUNDS

Parks, playgrounds and other public areas and sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

PUBLIC NOTICE

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means a notice published once each week for two successive weeks in a newspaper of general circulation in Mount Joy 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 seven days from the date of the hearing.

(2) Public notice for rezoning, special exception, conditional use and/or variance requests also includes the posting of a sign at conspicuous locations along the perimeter of the subject lot deemed sufficient by the Zoning Officer to notify potentially interested citizens. These sign(s) shall be posted at least one week prior to the hearing and will display the purpose, date, time, and location of the public hearing.

RESUBDIVISION

Any replatting or resubdivision of land limited to change in lot lines on an approved final plan or recorded plan.

RIGHT-OF-WAY

An area reserved for and/or improved with streets (public or private), utilities or stormwater management facilities.

[Added 11-2-2017 by Ord. No. 2017-04]

RIGHT-OF-WAY, STREET

A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designed as a street, highway, thoroughfare, parkway, road, avenue, boulevard, land, alley or however designated.

RIGHT-OF-WAY, ULTIMATE

Land that is required to be reserved for future use as part of the public street in accordance with the roadway classification made part of the Mount Joy Township Comprehensive Plan.

[Added 11-2-2017 by Ord. No. 2017-04]

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 of 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."

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 plan of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

STREET

A right-of-way or portion thereof dedicated or intended for general public, vehicular and/or pedestrian use.

STREET CLASSIFICATION

The functional classification of streets as shown on the roadway classification made part of the Mount Joy Township Comprehensive Plan:

[Amended 11-2-2017 by Ord. No. 2017-04]

(1) EXPRESSWAY A major divided highway with access provided only at interchanges. U.S. Route 15 is classified as an expressway.

(2) ARTERIAL A major street designed for high volumes of traffic at moderate speeds. Baltimore Pike (State Road 97) is an arterial.

(3) COLLECTOR A major street gathering traffic from local roads and intended to provide for moderate volumes of traffic at low speeds.

(4) MINOR/LOCAL A street primarily intended to provide direct access to adjacent lots and channeling traffic to collector roads.

STRUCTURE

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, excluding stormwater management retention/detention basins and related inlet and/or outlet devices, sidewalks, driveways leading directly to a public street, and public utility lines and appurtenances. Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, landscape pots and urns, planters not exceeding 12 inches in height, and any other similar nonpermanent improvements.

[Amended 11-2-2017 by Ord. No. 2017-04]

SUBDIVISION

As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this amendment, means 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. 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.

[Amended 11-2-2017 by Ord. No. 2017-04]

SUBDIVISION, MAJOR

Any subdivision of land which does not qualify as a minor subdivision.[6]

[Added 8-21-2003 by Ord. No. 2003-5]

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 86-39) 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.

SURFACE DRAINAGE PLAN

A plan showing all present and proposed grades and facilities for stormwater drainage.

TOPSOIL

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

[Amended 9-3-2020 by Ord. No. 2020-06]

TOWNSHIP

Mount Joy Township, Adams County, Pennsylvania.

UNDEVELOPED LAND

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

WATERCOURSE

A stream of water, river, brook, creek or a channel of a perceptible extent, with definite periodically flowing water.

WETLANDS

An area of land and/or water meeting one or more definitions of a "wetland" set forth in then-current federal and/or Pennsylvania law and regulation.

[Amended 11-2-2017 by Ord. No. 2017-04]

[1] Editor's Note: The definition of "agricultural purpose," which immediately followed this definition, was repealed 11-2-2017 by Ord. No. 2017-04.

[2] Editor's Note: The definition of "application for development," which immediately followed this definition, was repealed 11-2-2017 by Ord. No. 2017-04.

[3] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[4] Editor's Note: See 53 P.S. § 10503.

[5] Editor's Note: The definitions of "lot, through or double-frontage" and "lot, reverse-frontage," which followed this definition, were repealed 11-2-2017 by Ord. No. 2017-04.

[6] Editor's Note: The former definition of "subdivision, minor," which immediately followed this definition, was repealed 11-7-2013 by Ord. No. 2013-04. See now the definition of "minor subdivision plan."