The following words are defined in order to
facilitate the interpretation of this chapter for administrative purposes
and in the carrying out of duties by appropriate officers and by the
Zoning Hearing Board.
A.
Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated.
B.
Words used in the present tense include the future
tense.
C.
The singular includes the plural.
D.
The word "person" includes any individual or group
of individuals, a corporation, partnership, or any other similar entity.
E.
The word "lot" includes the words "lot" or "parcel."
F.
The term "shall" is always mandatory.
G.
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged
or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A public thoroughfare, other than a minor street, which affords
only secondary means of access to abutting properties and is not intended
for general traffic circulation.
An owner or developer, as hereinafter defined, who has filed
an application for development, including his heirs, successors and
assigns.
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.
Plans showing cross sections and profiles of the constructed
public improvements certified by a professional land surveyor within
an acceptable coordinate system.
The one-hundred-year flood elevation as indicated on the
Flood Insurance Rate Map (FIRM), as revised, for the Borough of Steelton,
Dauphin County, Pennsylvania, prepared by the Federal Emergency Management
Agency, Federal Insurance Administration.
An area bounded by streets.
The Borough of Steelton, Dauphin County, Pennsylvania; Borough
Council, its agents or authorized representatives.
The Steelton Borough Council, Dauphin County, Pennsylvania,
its designated agents and representatives.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels, and including covered porches or bay windows and chimneys.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way, and the line defining side and rear yards, where required.
That portion of a street or alley which is improved, designated,
or intended for vehicular use.
The Chairman of the Steelton Borough Planning Commission.
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 street center lines.
The Steelton Borough Planning Commission, its agents or authorized
representatives.
Land amenities, parts of buildings, central services and
utilities, and any other elements and facilities owned and used by
all unit owners and are designated as common elements. These elements
may include but are limited to:
The land on which the building is located and
portions of the building which are not included in a unit;
The foundation, structural parts, supports,
main walls, roofs, basements, halls, corridors, lobbies, stairways,
entrances and exits of the building;
The yards, parking area, and driveways;
Portions of the land and building used exclusively
for the management, operation or maintenance of the common elements;
Installations of all central services and utilities;
All other elements of the building necessary
or convenient to its existence, management, operation, maintenance
and safety or normally in common use; and
Such other facilities as are designated as common
elements.
See definition "open space, common."
A water system servicing at least 15 service connections
used by year-round residents or regularly serves at least 25 year-round
residents, as defined by the Pennsylvania Safe Drinking Water Act
(Act 1984-43).[1]
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The community association which administers and maintains
the common property and common elements of a condominium.
County of Dauphin, Pennsylvania.
The Planning Commission of the County of Dauphin, Pennsylvania.
A right-of-way, publicly or privately owned, intended to
furnish access to pedestrians.
A minor street open at one end, for vehicular and pedestrian
access, with the opposite end terminating in a vehicular turnaround.
A drain, ditch or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, railroad, pedestrian
walk or public way.
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
An excavation. The difference between a point on the original
ground and designated point of lower elevation of the final grade.
Also, the material removed in excavation.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Borough
lies.
Any owner, agent of such owner or tenant with the permission
of such owner, who makes or causes to be made a subdivision of land
or a land development.
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
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
Surface water runoff;
The removal of surface water or groundwater
from land by drains, grading or other means which include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving the water supply and the
prevention or alleviation of flooding.
Any ditch, gutter, culvert, storm sewer, or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision or contiguous
land areas.
Pipes, swales, natural features and man-made improvements
designed to carry drainage.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A building or structure designed for living quarters for
one or more families, including homes which are supported either by
a foundation or are otherwise permanently attached to the land, but
not including hotels, boardinghouses, rooming houses, or other accommodations
used for transient occupancy.
Any structure designed primarily for residential occupancy,
except a mobile home, which is wholly or in substantial part made,
fabricated, formed or assembled in manufacturing facilities for installation
or assembly and installation on the building site in such a manner
that all concealed parts or processes of manufacture cannot be inspected
at the site without disassembly, damage or destruction.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be jointed 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. For floodplain management purposes, this definition
includes park trailers, travel trailers, and other similar vehicles
located on site for greater than 180 consecutive days.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A building used by one family and having two party walls
in common with other buildings; except the end unit, which shall have
one party wall.
A building used by one family, having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard, and
one party wall common with another dwelling.
A building arranged over the other, and having two side yards.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and one party wall in common
with another building.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
A registered professional engineer in Pennsylvania designated
by the Borough to perform the duties of engineer as herein specified.
An individual licensed and registered under the laws of the
commonwealth to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed as set forth
in P.L. 534, No. 230[2]; however, a professional engineer may perform engineering
land surveys.
Surveys for:
The development of any tract of land, including
the incidental design of related improvements, such as line and grade
extension of roads, sewers and grading but not requiring independent
engineering judgment; provided, however, that tract perimeter surveys
shall be the function of the professional land surveyor;
The determination of the configuration or contour
of the earth's surface, or the position of fixed objects thereon or
related thereto by means of measuring lines and angles and applying
the principals of mathematics, photogrammetry or other measurement
methods;
Geodetic or celestial surveys, underground surveys
and hydrographic surveys;
Sedimentation and erosion control surveys;
The determination of the quantities of materials;
Tests for water percolation in soils; and
The preparation of plans and specifications
and estimates of proposed work as described herein.
The Engineering Specifications of the Borough regulating
the installation of any required improvements or for any facility
installed by any owner, subject to public use.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice and gravity.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
The vertical location of the ground surface prior to excavation
or filling.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point or higher elevation on the final grade. The material
used to make a fill.
The proposed elevation of the land surface of a site after
completion of all site preparation work.
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
That portion of the floodplain outside the floodway.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
An official map of a community, issued by the Federal Insurance
Administration.
Any combination of structural and nonstructural additions,
changes or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The Steelton Borough Council, Dauphin County, Pennsylvania.
See definition "existing grade."
See definition "finished grade."
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours, and topography.
Any man-made immovable item which becomes part of, placed
upon, or is affixed to, real estate.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development
which involves:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
The addition of an accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For 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 initial
plans for the expanded area have been approved by the proper authorities.
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 area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any rights-of-way,
but including the area of any easement.
An interior lot having frontage on two streets.
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
The distance measured between the side lot lines, at the
required building setback line. In a case where there is only one
side lot line, lot width shall be measured between such side lot line
and the opposite rear lot line or street line.
Any security, other than cash, which may be accepted by the
Borough of Steelton for the maintenance of any improvements required
by this chapter.
A legal instrument under which title to real estate is conveyed
and by which a condominium is created and established.
A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities
Act of 1945.[3]
Act of Assembly of July 31, 1968, P.L. 805, as amended.[4]
A flood that, on the average, is likely to occur once every
100 years (i.e., has a one-percent chance of occurring each year,
although the flood may occur in any year).
The unoccupied space open to the sky on the same lot with
the building, not including parking lots.
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.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
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 is
authorized under the lease to exercise the rights of the owner, or
other persons having a proprietary interest in the land, shall be
deemed to be an owner for the purpose of this chapter.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative.
A drawing, diagram, or map showing the dimensions of the
proposed building(s) or other land development feature(s) and associated
amenities in relation to the physical features of a site.
The Development Policy Plan (Master Plan) and/or Future Land
Use Plan and/or Official Map or other such plans, or portions thereof,
as may be adopted, pursuant to statute, for the area of the Borough
in which the subdivision or land development is located.
A complete and exact subdivision plan or land development
plan, prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
A tentative subdivision plan or land development plan, in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
An informal plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision or land development.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
Steelton Borough Planning Commission, Dauphin County, Pennsylvania,
its members, agents and authorized representatives.
The map or plan of a subdivision or land development, whether
preliminary or final.
FINAL PLATA complete and exact subdivision or land development plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements and meeting all of the requirements contained in this and other related ordinances, including, but not limited to, Chapter 120, Zoning, of this Code.
PRELIMINARY PLATA tentative subdivision or land development plan, in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
The basic purpose for which a building or land area is occupied
or intended to be opposed to accessory or incidental uses; usually
classifiable as residential, commercial, manufacturing or public in
nature.
A legally established right-of-way, other than public streets,
which provides the primary pedestrian and vehicular access to one
or more lots and constructed to the design standards contained in
this chapter.
The profile of the center line of the finished surface of
the street, which shall be midway between the side lines of the street.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[5]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
A system for the collection of sewage or industrial wastes
of a liquid nature, and for the treatment or disposal of the sewage
or industrial waste at a sewage treatment plant.
Any fee, leasehold or other estate or interest in, over or
under land, including structures, fixtures and other improvements
and interests which by custom, usage or law pass with a conveyance
of land though not described in the contract of sale or instrument
of conveyance. Real estate includes parcels with or without upper
or lower boundaries, and spaces that may be filled with air or water.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
See definition "lot, reverse frontage."
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission line, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses;
generally, the right of one to pass over the property of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The process by which mineral or organic matter is accumulated
or deposited by wind, water, or gravity. Once this matter is deposited
(or remains suspended in water), it is usually referred to as "sediment."
An underground system with a septic tank used for the decomposition
of domestic wastes. Also referred to as an "on-lot system."
A service way providing a secondary means of access to abutting
property and not intended for general traffic circulation.
See definition "building setback line."
A graphic representation of shadows cast by nature landscaping,
screening and structures plotted with regard to topography, slope,
and direction at 9:00 a.m., 12:00 noon and 3:00 p.m. on the date of
the Winter Solstice.
A paved, surfaced or leveled area, parallel to and usually
separated from the street, used as a pedestrian walkway.
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.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
Best management practices (BMPs) and other measures designed
to effectively minimize accelerated erosion and sedimentation.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
Radiant energy (direct, diffused or reflected) received from
the sun at wave lengths suitable for conversion into thermal, chemical
or electrical energy.
Any device, structure or part of a device or structure which
is used primarily to transform solar energy into thermal, chemical
or electrical energy, including any space or structural component
specifically designed to retain heat derived from solar energy.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where appropriate) and components
for the distribution of transformed energy to the extent that they
cannot be used jointly with a conventional energy system. Passive
solar energy systems which use the natural properties of material
and architectural components to collect and store solar energy without
using any external mechanical power are included in this definition
if they do not fulfill structural or other functions.
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
A right, expressed as an easement, covenant or condition
or other property interest in any deed or other instrument executed
by or on behalf of any landlord which protects the solar skyspace
of an actual, proposed or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy.
Any storm drainage technique that retards or detains runoff,
such as detention or retention basin, parking lot storage, roof-top
storage, porous pavement, dry wells or any combination thereof.
A watercourse having a source and terminus, banks and channel
through which waters flow at least periodically.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The shortest distance between the lines delineating the right-of-way
of a street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The owner or authorized agent of the owner of a lot, tract
or parcel of land to be subdivided for sale or development under the
terms of this chapter.
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; 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 easement of access or any residential
dwelling, shall be exempted.
MAJOR SUBDIVISIONAny subdivision involving more than five lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities or other facilities immediate or future.
MINOR SUBDIVISIONThe subdivision of a single lot, tract or parcel of land into five or fewer lots, tracts or parcels of ownership or of building development, providing lots, tracts or parcels of land thereby created have frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, street easement, easements of access or need therefor.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
A plan showing all present and proposed grades and facilities
for stormwater drainage.
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of land surveying.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
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 call
the "A Horizon."
A map showing the elevations of the ground by contours or
elevations.
The configuration of a surface area showing relative elevations.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and includes a proportionate undivided interest
in the common elements, which are assigned to the property, structure
or building.
Any agency which under public franchise or ownership,
or under certificate of convenience and necessity, provides the public
with electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection or other similar service.
A closely regulated private enterprise with
an exclusive franchise for providing a public service.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
Areas that are periodically or permanently inundated by surface
or ground water and support vegetation adapted for life in saturated
soil. Wetlands include swamps, marshes, bogs and similar areas.
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is generally used on a pole or tower and, along with other generating
and electrical storage equipment, forms a wind energy conversion system.
[1]
Editor's Note: See 35 P.S. § 721.1
et seq.
[2]
Editor's Note: See 63 P.S. § 148
et seq.
[3]
Editor's Note: The Municipality Authorities
Act of 1945 (53 P.S. § 301 et seq.) was repealed 2001, June
19, P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
[4]
Editor's Note: See 53 P.S. § 10101
et seq.
[5]
Editor's Note: Said Sunshine Act was repealed
10-15-1998 by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701
et seq.
