In this chapter, the following rules of interpretation shall be used:
A. 
The word "lot" includes the word "plot," "parcel," or "tract."
B. 
Words in the present tense may imply the future tense.
C. 
Words used as singular imply the plural.
D. 
The masculine gender includes the feminine and neuter genders.
E. 
The word "person" includes a partnership, corporation, association, trust, estate or any other legally recognized entity as well as an individual.
F. 
The word "shall" is to be interpreted as mandatory; the word "may" as directory.
G. 
References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township of Mount Joy as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
H. 
The time, within which any act required by this chapter is to be performed, shall be computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.
I. 
If a term is not defined by this chapter, but is defined by Chapter 135, Zoning, then the definition of Chapter 135, Zoning, shall also apply for this chapter.
J. 
When a term is defined in the Municipalities Planning Code[1] and is not otherwise defined in this chapter, such term will be interpreted in accordance with the definition in the Municipalities Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
K. 
References to officially adopted regulations, standards, or publications of PennDOT, DEP, or other governmental agencies shall include the regulation, publication, or standard in effect on the date when a plan is first filed. It is the intent of the Board of Supervisors in enacting this section to incorporate such changes to statutes, regulations, and publications to the extent authorized by 1 Pa.C.S.A. § 1937.
Unless otherwise stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
ABUTTING
Having a common border with or being separated from such common border by a right-of-way, alley or easement.
ACCESS DRIVE
An improved cartway designed and constructed to provide for vehicular movement between a public road and a lot containing any use other than a single dwelling unit or a farm. Access drives shall meet the criteria of this chapter.
ADJOINING LOT
A lot that shares all or part of a common point or line with another lot.
AGENT
Any person, other than a landowner or developer, who, acting for the landowner or developer, submits to the Planning Commission and Township Supervisors subdivision or land development plans for the purpose of obtaining approval thereof.
AGRICULTURAL PURPOSES
The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce and equipment for housing and feeding the animals and housing the equipment. The use of land for a dwelling site is not an agricultural purpose.
ALLEY
A minor right-of-way, privately or publicly owned, primarily for service access to the back or sides of properties.
BLOCK
An area bounded on all sides by streets (measured at the right-of-way) or other transportation or utility rights-of-way, or by physical barriers such as bodies of water or public open spaces.
BMPs
Best management practices.
BOARD OF SUPERVISORS
The Mount Joy Township Board of Supervisors.
BUFFER
A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade and to a height of six feet.
BUILDING
Any enclosed or open structure, other than a boundary wall, boundary fence or farm fence, occupying more than 16 square feet of area and/or having a roof supported by columns, piers or walls; or any addition to an existing nonresidential building occupying more than 16 square feet; provided, however, that an accessory residential building or structure, including but not limited to a detached or attached garage, utility shed, tennis court or swimming pool, shall not be considered a separate building and shall not require the submission of a land development plan.
BUILDING ENVELOPE
That area of the lot which has no building restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which cross yards), buffer yards or floodplains.
BUILDING SETBACK LINE
A line within a property defining the required minimum distance between any structure and the adjacent right-of-way line or property line.
CARTWAY
The portion of a street or alley intended for vehicular use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets.
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 designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNITY SEWAGE SYSTEM
A sewage disposal system, other than a public sewer system, which provides sewage disposal for two or more units of occupancy and which shall comply with all applicable regulations of the DEP or other regulatory agency.
COMMUNITY WATER SUPPLY SYSTEM
A water supply system, other than a public water system, providing water for more than two units of occupancy, which shall comply with all applicable regulations of the DEP or other regulatory agency.
COMPREHENSIVE PLAN
The plan and/or regional plan, or parts thereof, which has been adopted by the Board of Supervisors, showing its recommendations for such systems as parks and recreation facilities, water supply, sewerage and sewage disposal, transportation highways, civic centers and other public improvements which affect the development of the Township.
CONDOMINIUM
A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980,[1] which includes the 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.
CONSERVANCY AREA
Those areas intended for the protection and management of the natural/cultural/historical environment with recreational development as a secondary objective. The size of conservancy areas varies with the facility or area it is protecting.
CONSERVATION PLAN
A plan that identifies conservation practices and includes site-specific best management practices (BMPs) for agricultural plowing or tilling activities and animal-heavy use areas in accordance with the regulations of 25 Pa. Code Chapter 102, and any revisions made hereafter.
CONTIGUOUS
Lots which have the same ownership, which share a common property line or, when property lines do not extend to the center line of a street, which would share a common property line if property lines extended to the center of the street separating such lots.
CORNER LOT
A lot abutting upon two streets at their intersection.
COST OF IMPROVEMENTS
The amount which the Township Engineer estimates that the Township would be required to expend in order to complete the improvements proposed by a subdivider or land developer in a subdivision or land development plan, in the event that the subdivider or land developer fails to complete such improvements within the time set forth in the subdivision or land development plan or otherwise agreed upon, which estimate shall take into consideration anticipated inflation in construction costs, bid preparation costs and other costs which the Township will incur in the event that it is required to complete the proposed improvements.
COUNTY PLANNING COMMISSION
The Lancaster County Planning Commission.
CURB
The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic; all curbs shall be constructed in accordance with the specifications in Chapter 116, Streets and Sidewalks.
DEDICATION
The deliberate appropriation of land by its owner for general public use.
DENSITY
The number of dwelling units or units of occupancy per acre, calculated in accordance with Chapter 135, Zoning.
DEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
DESIGNATED GROWTH AREA (DGA)
An area that is designated as appropriate for future development and includes the developed portions of the Township and development capacity meets future land use needs. Designated growth areas are given official standing by their incorporation on future land use maps and through the adoption of the Comprehensive Plan. This term may be used interchangeably with the term "urban growth area" (UGA) throughout this chapter.
DETENTION BASIN
A reservoir that temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater facility.
DOUBLE-FRONTAGE LOT
A lot, other than a corner lot, fronting on two streets.
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.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any subdivision or contiguous land areas.
DRIVEWAY
An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. A driveway shall comply with all applicable sections of this chapter and shall comply in all respects with Chapter 67, Driveways.
DWELLING UNIT
Any structure or part thereof designed to be occupied as living quarters for a single housekeeping unit. A building, or portion thereof, that contains a separate cooking area and a separate bathroom facility shall be considered a separate dwelling unit.
EARTHMOVING ACTIVITIES
Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing, or storing of soil, rock or earth, excluding the tilling of soil for agricultural purposes.
EASEMENT
A strip of land 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.
EASEMENT OF ACCESS
Any driveway or other entrance from a public or private road. A field road providing access to agriculturally used fields and not providing access to any residential, commercial or industrial structure is not considered an easement of access.
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
ENVIRONMENTALLY SIGNIFICANT OR SENSITIVE AREAS
An area of land, including steep slopes, wetlands, floodplains, restricted soils, forest stands, and/or specimen of trees with a caliper of eight inches or greater.
FARM
Any parcel of land within 10 or more acres which is used for agricultural purposes, including the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, a single-family detached dwelling and the storage of equipment customarily incidental to the primary use.
FINANCIAL SECURITY
A letter of credit or other form of guaranty in accordance with the requirements of Article V of the Municipalities Planning Code[2] posted by a developer to secure the completion of improvements indicated on an approved plan.
FLOOD-FRINGE
The area between the floodplain boundary and the one-hundred-year encroachment boundary. The flood-fringe is associated with flowage (from a flowing or periodic stream or swale) and is not dead water as defined in "pondage" below.
FLOODPLAIN
The area of inundation which functions as a storage or holding area for floodwater to a width required for a one-hundred-year flood. The location of a floodplain shall be established in accordance with § 119-58.
FLOODPROOFING
Any combination of structural and/or nonstructural provisions, additions, changes or adjustments structures or contents which are designed or adapted primarily to reduce or eliminate flood damage to those structures or contents.
FLOODWAY
That land on which the elevating of land surface (filling) or construction of structures would cause significant increase in water elevation at or above the site. This is the principal flow-carrying (conveyance) part of the natural cross section of the stream (flowing or periodic) at a given stage of erosional development and encroachment upon it will increase flood heights. No increase in flood height will be allowed. The boundary of the floodway will be determined by HEC-2 (United States Army Corps of Engineers, Hydrologic Engineering Center) Encroachment Computation or other means acceptable to the Township Engineer.
FLOOR AREA
For dwelling units, the total floor area of the dwelling unit actually used for habitation, excluding cellars, storage attics, porches, garages and the like; for nonresidential units, the sum of the floor areas of a building as measured to the outside surface or exterior walls and including all areas intended and designed for the conduct of the use.
FLOOR ELEVATION
The elevation of the lowest level of a particular building, including the basement.
FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter or light meter.
FRONTAGE
The horizontal or curvilinear distance along the street line upon which a lot abuts.
FUTURE RIGHT-OF-WAY
A. 
The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads.
B. 
A right-of-way established to provide future access to or through undeveloped land.
GEOLOGIST
A professional geologist registered by the Commonwealth of Pennsylvania.
GLARE
The sensation produced by lighting that causes an annoyance, discomfort, or loss in visual performance and visibility to the eye.
GRADE
The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
GUTTER
That portion of a right-of-way carrying surface drainage.
HARDSHIP
A condition, not economic in nature, not caused by the applicant or developer, for which he may request a waiver.
HISTORIC RESOURCE
Any feature classified as a Class I or Class II historic resource under Chapter 135, Zoning.
HOMEOWNERS' ASSOCIATION
An unincorporated association or not-for-profit corporation whose membership consists of the lot owners of a residential development. A homeowners' association shall also include a condominium unit owners' association. All such associations shall comply with the requirements for unit owners' associations contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
ILLUMINANCE
The quantity of light measured in footcandles or lux.
IMPROVEMENTS
Physical changes to the land, including, but not limited to, buildings, streets, curbs, gutters, streetlights and signs, water mains, hydrants, sanitary sewer mains, including laterals to the street right-of-way lines, storm drainage lines, stormwater management structures, walkways, recreational facilities, open space improvements, shade trees, buffer or screen plantings, and all other additions to the tract which are required by ordinance or are deemed necessary to result in a complete subdivision or land development in the fullest sense of the term.
IMPROVEMENTS, PUBLIC
Improvements for which the municipality may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which municipal responsibility is established.
INDIGENOUS SPECIES
Plants which have not been introduced by man and thrive in an area where it is considered native.
INVASIVE SPECIES
Plants which grow quickly and aggressively, spreading, and displacing other plants. Invasives typically are introduced into a region far from their native habitat.
LAND DEVELOPMENT
Any of the following activities:
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 accumulatively, 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. 
For the purposes of this chapter, the following circumstances are excluded from the definition of the land development.
(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 nonresidential building which is no more than 2,500 square feet of usable floor space on a lot or lots and which complies with the following:
(a) 
The accessory building does not create a need for any additional parking, per the Township Zoning Ordinance; and
(b) 
The accessory building does not, in accordance with the Pennsylvania Sewage Facilities Act, Act 537 of 1966,[3] as amended, create the need for a sewer facilities plan revision (plan revision module for land development) or supplement; and
(c) 
The accessory building is not for the creation of additional units of occupancy; and
(d) 
The accessory building does not require approval from the Zoning Hearing Board; and
(e) 
The accessory building complies with all provisions of applicable Township ordinances, including, but not limited to, Chapter 113, Stormwater Management, Chapter 125, Traffic Impact Fees, and Chapter 135, Zoning. For the purpose of this subsection, this exemption shall be limited cumulatively from the effective date of this chapter.
(3) 
The construction of an agricultural building that is accessory to an existing principal building on a lot or lots and will not house any farm animals, including, but not limited to, livestock and poultry;
(4) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the 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 plans for the expanded area have been approved by the proper authorities.
LAND DEVELOPMENT COMMITTEE
The Committee composed of the Township Engineer, Zoning Officer, Administrator, and representatives from the public sewer provider and public water provider, and such other Township employees or consultants as the Board of Supervisors may designate. The Committee shall be responsible for reviewing subdivision and land development plans as they are submitted to the Township and shall provide comments and recommendations to the Township Planning Commission prior to the Commission taking action on the plan.
LANDSCAPE ARCHITECT
A professional landscape architect licensed as such in the Commonwealth of Pennsylvania.
LEISURE
Time not committed to making a living or involved with other necessary support functions; discretionary or free time.
LINEAR FACILITIES
Trails, bikeways, canals, utility rights-of-way, greenbelts and the like make up most types of common linear facilities. They may serve as recreational facilities of their own and/or connect to other types of facilities.
LOCATION MAP
A map showing the site with relation to adjoining areas.
LOT
A plot or parcel of land which is, or in the future may be, offered for sale, conveyance, transfer or improvement as one parcel, regardless of the method or methods in which title was acquired.
LOT, CORNER
A lot situated at the intersection of two or more streets with frontage on two or more adjacent sides.
LOT, DOUBLE-FRONTAGE
An interior lot with front and rear street frontage, where vehicular access occurs on either street.
LOT, FLAG
A parcel of land created by a subdivision or partition which includes a narrow projection or "flagpole" to the public right-of-way.
LOT, INTERIOR
A lot whose side lot lines do not abut upon any street.
LOT, REVERSE-FRONTAGE
An interior lot with front and rear street frontage, where vehicular access occurs on only the street of lesser intensity.
LOT AREA
The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, not including any area within a street right-of-way.
LOT LINE
A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed the street or alley line.
LOT LINE MARKER
A metal plate, pin, permanent stone or concrete monument used to identify lot line intersections.
LOT WIDTH
The width of a lot measured at the minimum building setback line.
LUMINANCE
The physical and measurable quantity of light that corresponds to the brightness of a surface (e.g., a lamp, luminaire, reflecting material) in a specific area and measurable with a luminance meter or light meter.
LUX
A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per footcandle.
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 erection thereon of a single mobile home.
MOBILE HOME PAD
The part of a mobile home lot that is being reserved for the placement of the 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.
MULTIPLE-DWELLING BUILDING
A building providing separate living quarters for two or more families.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
NATIVE PLANT
A plant which grew in a defined region prior to European settlement. Indigenous species and naturalized non-native plants may be included as a native plant if it has been brought into the region and has become established into the wild and is not considered invasive or displaces native plants. Naturally occurring hybrids and cultivars (cultivated varieties) of native genetic parent species which may or may not have been present prior to European settlement are considered native plants.
NEW DEVELOPMENT
A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure, or any use or extension of land. New developments have the potential of increasing the requirements for capital improvements, requiring either approval of a plan pursuant to this chapter, the issuing of a building or zoning permit, or connection to the public water or sanitary sewer system.
NON-NATIVE/INTRODUCED PLANT
Any plant species that has been introduced by humans and now grows independently of cultivation. A subset of non-native/introduced species is the invasive species.
NONRESIDENTIAL
Any use other than single- or multifamily dwellings. An institutional use in which persons may reside, such as a dormitory, prison, nursing home or hospital, shall be considered a nonresidential use.
OFFICIAL MAP
A map adopted by ordinance pursuant to the Municipalities Planning Code and recorded in the office of the Lancaster County Recorder of Deeds.
OPEN SPACE
See "common open space."
OWNER
The owner of record of a parcel of land.
PARK AND RECREATION BOARD
The Township Park and Recreation Board as established by ordinance or, in the absence of such a body, any park and recreation committee established by resolution or motion of the Board of Supervisors of the Township.
PARK, COMMUNITY
A type of facility that is usually at least 25 acres in size and serves residents within a one- to two-mile radius. Community parks have diverse environmental qualities and contain areas for intense recreational facilities, such as athletic complexes and large swimming pools, and passive areas for walking, picnicking, viewing and sitting.
PARK, MINI
Also called "tot-lots" or "vest pocket parks" and contain specialized facilities for a very limited population, e.g., tots or senior citizens. These facilities vary in size from one to five acres.
PARK, NEIGHBORHOOD
Those parks which are usually in excess of 15 acres and serve residents within 1/2 mile, up to a maximum population of 5,000. Neighborhood parks are normally intensely developed, primarily for active recreational pursuits, such as field and court games, play apparatus, skating, wading, picnicking, etc.
PARKING COMPOUND
A primary business where passenger vehicles may be stored for short-term, daily or overnight off-street parking and connected to a street by an access drive.
PARKING DECK
A multilevel parking structure that is generally open for free use by pedestrians and motorists and is intended to be accessory to a principal use and to provide sufficient parking area in order to meet the requirements listed in Article XXV of this chapter.
PARKING LOT
An accessory use in which required, and possibly additional, parking spaces are provided subject to the requirements listed in Article XXV of this chapter.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
PENNDOT
The Department of Transportation of the Commonwealth of Pennsylvania or any agency successor thereto.
PLAN
The map or plan of a subdivision or land development, whether preliminary or final.
PLAN, AS-BUILT
Engineering documents drawn to a scale showing the constructed dimensions and materials of a structure or other land improvement. An as-built drawing differs from design drawings and construction drawings, which are design-oriented documents prepared prior to construction rather than a depiction of what has been constructed.
PLAN, FINAL
A complete and exact subdivision and/or land development plan, including supplementary data, designed in accordance with the requirements of § 119-35.
PLAN, IMPROVEMENT CONSTRUCTION
A complete and exact subdivision and/or land development plan, the sole purpose of which is to permit the construction of only those improvements required by this chapter, as an alternative to guaranteeing the completion of those improvements by the posting of financial security in accordance with the requirements of Article V herein.
PLAN, LOT LINE CHANGE
A complete and exact subdivision plan, the sole purpose of which is to increase the lot area of an existing lot or tract or for the consolidation of two or more existing lots or tracts to create fewer lots or tracts with revised lot lines, designed in accordance with the requirements of § 119-36.
PLAN, MINOR LAND DEVELOPMENT
A complete land development plan meeting the criteria as defined in § 119-25C and which includes supplementary data and is designed in accordance with the requirements of § 119-37.
PLAN, MINOR SUBDIVISION
A complete subdivision plan meeting the criteria as defined in § 119-25C and which includes supplementary data and is designed in accordance with the requirements of § 119-37.
PLAN, PRELIMINARY
A subdivision and/or land development plan which is designed in accordance with the requirements of § 119-34, and is prepared for consideration prior to submission of a final plan.
PLAN, PRELIMINARY/FINAL
A final plan which includes both preliminary and final plan requirements and is designed in accordance with § 119-35.
PLAN, RECORD
A final plan that contains the original endorsement of the municipality, which is recorded with the Lancaster County Recorder of Deeds.
PLAN, SKETCH
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 the requirements of § 119-33.
PLANNING COMMISSION
The Mount Joy Township Planning Commission.
PONDAGE
That land on which water is stored as dead water as the flood rises. The pondage area is not to be associated with flowing streams and does not contribute to the downstream passage of flow for storms up to and including the one-hundred-year event. Pondage may occur as naturally closed contours or as areas subject to flooding due to inadequate downstream structures. Construction may take place in the pondage area as long as there is no increase in the one-hundred-year-flood height and it is not in conflict with Chapter 135, Zoning.
PUBLIC SEWER PROVIDER
Elizabethtown Regional Sewer Authority or any successor thereto or Mount Joy Borough Authority and any successor thereto, as applicable.
PUBLIC SEWER SYSTEM
A municipal sanitary sewer system approved and permitted by the DEP and owned by a public sewer provider.
PUBLIC WATER PROVIDER
Elizabethtown Area Water Authority or any successor thereto or Mount Joy Borough Authority and any successor thereto, as applicable.
PUBLIC WATER SYSTEM
A municipal water supply facility approved and permitted by the DEP and owned by a public water provider or a water supply facility owned by a public utility and operated in accordance with a certificate of public convenience granted by the Pennsylvania Public Utility Commission.
RECORDER OF DEEDS
The Recorder of Deeds in and for Lancaster County, Pennsylvania.
RECREATION
Any activity, whether structured or not, in which individuals voluntarily engage during their leisure.
RECREATION, ACTIVE
Any activity that requires some physical exertion on the part of the participant. Examples of active recreation include sports (individual, dual, team, corecreational and combative) and athletics, both land and water based.
RECREATION, PASSIVE
Any activity that requires little or no physical exertion on the part of the participant. Examples of passive recreation include arts and crafts, spectating, picnicking, nature study and board games.
RECREATION AREA, ACTIVE
Any area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples: athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas and play apparatus areas.
RECREATION AREA, PASSIVE
Any area developed in such a manner as to be conducive to those activities that fall within the range of passive recreation. Examples: scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing, gardens, streams and impoundments, social events, picnicking and spectating areas.
RECREATION AREA, REQUIRED
The amount of land in any given subdivision that shall be dedicated for recreation unless the Township grants a waiver of such requirements, presently 0.054 acre per residential lot or dwelling unit. This figure is derived by adding a percentage of the amounts of land specified in the National Recreation, Park and Open Space Standards and Guidelines for the various types of parkland and open space each community should have.
A. 
Community parks and facilities: eight acres per 1,000 in population .
B. 
Neighborhood or miniparks: 2.0 acres per 1,000 in population.
C. 
Linear or special facilities, conservancy areas [NOTE: The National Recreation and Park Association recommends the standard as variable, subject to local needs. This type of area would primarily be found in parcels less than five acres and serve to protect natural, historic or cultural resources with active recreation as a secondary consideration.] and reserve or contingency: eight acres per 1,000 in population.
D. 
These types of park, recreation and open space areas amount to 18.0 acres per 1,000 in population or 0.018 acre per resident. A conservative projection of three persons per dwelling unit yields 0.054 acre per dwelling unit or lot.
RECREATION AREA, RESERVE OR CONTINGENCY
The type of recreational space used to meet sudden participation growth patterns or to address new leisure trends.
REDEVELOPMENT
Public and/or private investment made to recreate the fabric of an area by renovating previously developed land. Replacing, remodeling, or reusing existing buildings, and structures to accommodate new development.
REGIONAL PLANNING AGENCY
Any multimunicipality entity formed by the Township, Conoy Township, Elizabethtown Borough, and West Donegal which shall be assigned tasks relating to the implementation of the Regional Strategic Plan for Elizabethtown Borough and the Townships of Conoy, Mount Joy, and West Donegal or a preexisting multimunicipal entity which is assigned such task. If no such entity is formed or is assigned such task, then submission to the Regional Planning Agency shall be interpreted as submission to Conoy Township, Elizabethtown Borough, and West Donegal Township.
RESUBDIVISION
Any subdivision or transfer of land, laid out on a plan which has been approved by the Planning Commission, which changes or proposes to change property lines and/or public rights-of-way not in strict accordance with the approved plan.
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.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley or pedestrian way, or for any other public or private purpose.
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.
SCREENING
Planted (or having equivalent natural growth) shrubs, trees, earthen mounds, or fencing.
SEDIMENTATION
The process by which soil or other surface material is accumulated or deposited by wind, water or gravity.
SIGHT DISTANCE
The length of a street, measured along the center line, which is continuously visible from any point three feet above the center line.
SIGNIFICANT TREE
Noninvasive trees with eighteen-inch minimum caliper measured five feet above grade located outside an existing wooded area.
SPECIAL FACILITIES
A type of recreational area which would be reserved for single-purpose facilities, such as golf courses, nature centers, zoos, arboreta, amphitheaters or areas that preserve, maintain and interpret buildings, sites and objects of archaeological significance.
STORMWATER
Water that surfaces, flows, or collects during and subsequent to rain or snowfall.
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 strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel. "Street" includes 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. Streets are further classified as follows, with the classification determined in accordance with Chapter 135, Zoning:
A. 
ALLEY (SERVICE STREET)A minor street which is used primarily for vehicle access to the back or the side of properties otherwise abutting a street or for placement of utilities. Alleys shall be designed to discourage through traffic.
B. 
ARTERIAL STREET; HIGHWAYA street or road which is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by the Department of Transportation.
C. 
COLLECTOR STREETA street which carries traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets within such a development.
D. 
LOCAL STREETA street which is used primarily for access to the abutting properties.
E. 
CUL-DE-SACA street with a single means of ingress and egress and having a turnaround. The design of the turnaround may vary.
F. 
PRIVATEA street not accepted for dedication by the municipality.
STREET LINE
A line defining the edge of a street right-of-way and separating the street from abutting property or lots. Also known as the "street right-of-way line."
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
A developer.
SUBJECT TRACT
The site or lot proposed for land development, including subdivision.
SURVEYOR
A professional land surveyor licensed as such in the Commonwealth of Pennsylvania.
SWALE
A wide shallow ditch that gathers or carries surface water and/or stormwater.
TDR
Transferable development right as established in Chapter 135, Zoning.
TIE BAR
The symbol on a survey, plan, or plat shown as "Z," indicating common ownership of two adjacent lots or tracts.
TOWNSHIP
Mount Joy Township, Lancaster County, Pennsylvania, as represented by the Board of Supervisors or its duly authorized agents.
TREE PROTECTION ZONE
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be the distance from the trunk to the dripline (a line marking the outer edges of the branches of the tree).
UNDEVELOPED LAND
Land in parcels sufficiently large for future subdivision which is presently in agriculture, woodland or lying fallow.
UNIT OF OCCUPANCY
A unit, the use of which is not subordinate or customarily incidental to a principal unit. A unit of occupancy can be either residential or nonresidential and can be an independent unit within a structure or a separate detached structure. Types of units are as follows:
A. 
SINGLE DETACHED UNITA unit that is completely surrounded by open space.
B. 
SEMIDETACHED UNITA unit within a structure in which two units are side by side, each having open space on three sides (e.g., a twin or semidetached dwelling).
C. 
HORIZONTALLY ATTACHED UNITA unit within a structure in which three or more units are attached by vertical walls and do not have horizontal divisions between units (e.g., townhouses, row houses or shopping center with multiple storefronts).
D. 
VERTICALLY ATTACHED UNITA unit within a structure in which two or more units are attached by horizontal divisions (e.g., multistory apartment building or multistory office building).
URBAN GROWTH AREA
An area that is designated as appropriate for future development and includes the developed portions of the Township and development capacity to meet future land use needs. Urban growth areas are given official standing by their incorporation on future land use maps and through the adoption in the Comprehensive Plan. This term may also be used interchangeably with the term "designated growth areas" throughout this chapter.
WAIVER
The granting of an exception to these regulations which in the opinion of the Planning Commission will not be detrimental to the general welfare, impair the intent of these regulations or conflict with the Comprehensive Plan.
WASTEWATER TREATMENT FACILITY
A system of piping and appurtenances, whether municipally or privately owned, designed for the collection and transmission of liquid- and water-carried wastes from residences, commercial buildings, industrial plants and institutions to a central wastewater treatment plant for treatment and discharge (not including septic tanks).
WATER SUPPLY FACILITY
A system of piping and appurtenances, whether municipally or privately owned, designed for the transmission and distribution of potable water from a centralized water supply or source to residences, commercial buildings, industrial plants or institutions (not including individual on-lot wells).
WETLANDS
Those areas defined as "wetlands" under Section 404 of the United States Federal Water Pollution Control Act, 33 U.S.C. § 1344(a), and the regulations promulgated by the United States Army Corps of Engineers implementing Section 404, including but not limited to 33 CFR 3263.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.