Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meanings indicated:
A.
Words in the singular include the plural and those in the plural
include the singular.
B.
Words in the present tense include the future tense.
C.
The words "applicant," "person," "developer," "subdivider," and "owner"
include a corporation, unincorporated association, a partnership,
or other legal entity, as well as an individual.
D.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
E.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
F.
The word "Borough" means the Borough of Waynesboro, Franklin County,
Pennsylvania.
G.
The term "Borough Council" means the Borough Council of the Borough
of Waynesboro.
H.
The terms "Planning Commission" and "Borough Planning Commission"
mean the Planning Commission of the Borough of Waynesboro.
Other terms or words used herein shall be interpreted or defined
as follows:
A drive providing vehicular access between a public or private
street and a building, parking area and/or loading area within a land
development.
Alleys are minor ways which afford only a secondary means
of access to abutting properties, which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street, have a maximum width of 20 feet and are not intended
for general traffic circulation. To the extent a public throughway
conforms to this definition or otherwise does not conform to the definition
of "street" as herein defined, those public throughways are alleys.
A list of ordained streets shall be maintained by the Borough; said
list is herein incorporated by reference.
A landowner or developer, as herein after defined, who has
filed an application for development, including his heirs, successors
and assigns.
Property bounded on one side by a street, and other three
sides by a street, railroad right-of-way, waterway, unsubdivided area,
or other definite barrier.
The Borough of Waynesboro, Franklin County, Pennsylvania.
The Borough Authority of the Borough of Waynesboro, Franklin
County, Pennsylvania.
The governing body of the Borough of Waynesboro, Franklin
County, Pennsylvania.
A person duly appointed as the Borough Engineer.
The Planning Commission of the Borough of Waynesboro, Franklin
County, Pennsylvania.
A continuous strip of land which is clear of all buildings
and paved areas and which is designed to limit the impacts of one
use on another use.
Any structure having a roof supported by columns, posts,
or walls and intended for the shelter, housing or enclosing of persons,
animals or property.
An attached or detached subordinate building, the use of
which is incidental to that of the principal building on the same
lot.
A building in which a principal use on a lot is conducted.
A line which, between it and the street line, no building or other structure or portion thereof, except as provided in Chapter 295, Zoning, may be erected above ground level. The setback line is considered to be a vertical surface intersecting the ground on such line.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
An area of unobstructed vision for purposes of vehicular
safety at a street intersection(s), defined by lines of sight between
points as specified in Borough ordinances.
Zoning Officer of the Borough of Waynesboro.
A parcel or parcels of land, an area of water, or a combination
of land and water within a development site designed and intended
for the use of all residents of the development.
The Joint Comprehensive Plan for the Borough of Waynesboro
and Washington Township, Franklin County, Pennsylvania.
Is indicated by letter A in diagram[1] and is defined as a lot located at the intersection of
two or more streets. A lot abutting on a curved street or streets
shall be considered a corner lot if straight lines drawn from the
foremost point of the side lot lines to the foremost point of the
lot meet at an interior angle of less than 135°.
Borough Council of the Borough of Waynesboro, Franklin County,
Pennsylvania.
Franklin County, Pennsylvania.
The Planning Commission of Franklin County, Pennsylvania.
An excavation. The difference between a point of the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The Borough official charged by the Borough Council with
the responsibility of administering the subdivision application submission
procedure.
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 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
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
The lands required for the installation of stormwater sewers
or drainage swales or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A building, or part thereof, having cooking, sleeping and
sanitary facilities for one family, and having no cooking, sleeping
or sanitary facilities in common with any other dwelling unit.
A right granted to the Borough, other governmental authority
or other entity for the use of private land for certain public and
quasi-public purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
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 of higher elevation on the final grade. The material
used to make a fill.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The ordinance in effect in the Borough which controls any
and all development within specified flood-prone areas.[2]
The Borough Council of Waynesboro Borough.
A person duly appointed as the head of Borough Engineering
Services for Waynesboro Borough.
A street, public or private, constructed in accordance with
the requirements of this chapter.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
An agreement between the Borough of Waynesboro and an applicant
which provides for an improvements guarantee for the completion of
improvements within the subdivision or land development, establishes
responsibilities of the Borough and applicant regarding the completion
and observation or improvements, and specifies such other items regarding
improvements which are agreed to between the Borough and the applicant.
Is indicated by letter B in diagram[3] and is defined as a lot other than a corner lot with only
one frontage on a street other than an alley.
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.
Whenever required by other Borough ordinances or regulations.
A subdivision of land.
The following are excluded from the definition of land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
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 landowner,
or other person having a proprietary interest in land.
A professional landscape architect, licensed as such in the
Commonwealth of Pennsylvania.
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, but
shall not include any portion of a street and permanent drainage easements.
That percentage of the lot area which may be covered by impervious
surfaces.
The horizontal distance between the front and rear lot lines,
measured from the midpoint of the front lot line to the rear lot line
on a perpendicular to the street right-of-way line.
A flag lot is an interior, unconventional lot which has direct
access to a public or private street by way of a minimum thirty-foot-wide
simple access strip.
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements or corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under
"yards" in this section.
Any line forming a portion of the exterior boundary of a
lot.
The diagram which follows illustrates terminology used in
this chapter with reference to corner lots, interior lots, reversed
frontage lots and through lots.
 |
The horizontal distance between the side lot lines measured
along the front setback line or other designated building line.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
Any security which may be accepted by the Borough Council
to secure structural integrity of improvements as well as the functioning
of the improvements in accordance with the approved plan for a period
of up to 18 months after completion of construction and installation,
including corporate bonds, escrow agreements and other similar collateral
or surety agreements.
A metal pipe or pin of at least one inch outside diameter
and at least 30 inches in length.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A stone or concrete monument with a flat top at least four
inches in diameter or square. (It is recommended that the bottom sides
or radius be at least two inches greater than the top to minimize
movements caused by frost. The monument should contain a steel dowel
and be at least 30 inches in length.)
The Borough of Waynesboro, Franklin County, Pennsylvania.
A parcel or parcels of land or area of land or water or a
combination of land and water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment
or for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space, provided that such areas may be improved
with only those buildings, structures, streets and off-street parking
and other improvements that are designed to be incidental to the natural
openness of the land.
Any security which may be accepted by the Borough Council
to guarantee that the proper construction of improvements be made
by the developer as a condition for the approval of the plat, including
corporate bonds, escrow agreements, and other similar collateral and
surety agreements.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter 295, Zoning.
The Waynesboro Borough Planning Commission; "County Planning
Agency or Commission" shall be the Franklin County Planning Commission.
A complete and exact plan of a subdivision or land development,
with professional engineer's or registered surveyor's seal
affixed and prepared for official recording as required by this chapter
to define property rights, streets and other proposed improvements.
A tentative plan of subdivision or land development, in lesser
detail than a final plat showing proposed streets and lot layout and
such other information as required by this chapter.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the Borough Council and which
is intended to be recorded with the county Recorder of Deeds.
An informal plan, indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
subdivision or land development to be used as a basis for consideration
by the Borough.
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.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough, such notice
stating the time and place of the hearing and the particular nature
of the matter to be considered. The first publication shall be not
more than 30 days and the second publication shall not be less than
seven days from the date of the hearing.
Any replatting or resubdivision of land, limited to changes
in lot lines on approved final or recorded plats, as specified in
this chapter. Other replattings shall be considered as constituting
a new subdivision of land. (See also "subdivision.")
Is indicated by letter D in diagram[5] and is defined as a lot that has frontage on two streets
of different classification with access to the higher order street
prohibited and the structure oriented to face the lower order street.
The land and space required on the surface, subsurface, and
overhead for the construction and installation of materials, necessary
to provide passageway for vehicular traffic, pedestrianways, utility
lines, poles, conduits, and mains, signs, hydrants, trees and shrubbery
and the proper amount of light and air.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant, generally serving a major portion of a municipality
or municipalities, and operated by a governmental agency, governmental
authority, or public utility company.
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.
The required length of roadway visible to the driver of a
motor vehicle at any given point of the roadway when the view is unobstructed
by traffic. Sight distance measurements shall assume the height of
the driver's eye to be 3.75 feet above the roadway and the height
of the object to be 0.5 feet.
The face of any 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.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway), either public or private, intended for
use as a means of vehicular and pedestrian circulation to provide
access to more than one lot or one dwelling unit. A throughway, which
has not been ordained as a street by the Borough, is an alley. An
alley shall not be considered as a street. A list of ordained streets
shall be maintained by the Borough; said list is herein incorporated
by reference.
MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
MINOR ARTERIAL STREETDesigned to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
MARGINAL ACCESS STREETIs a local street which is parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic.
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
The center of the surveyed street right-of-way, or where
not surveyed, the center of the traveled cartway.
The dividing line between a lot and the outside boundary
of a public street, road, or highway right-of-way legally open or
officially mapped by a municipality or higher governmental authority,
between a lot and the outside boundary of a street shown on a recorded
subdivision or a land development plan, or between a lot and a private
street, road, or way over which the owners or tenants of one or more
lots held in single and separate ownership have a right-of-way.
A street which has not been dedicated to the Borough or the
Commonwealth of Pennsylvania.
Any street belonging to and/or accepted by the Borough or
Commonwealth of Pennsylvania for which the Borough or Commonwealth
of Pennsylvania is responsible for maintenance and improvements.
A street designed so that no section of it will convey a
traffic volume greater than 500 average daily trips (ADT), based on
the trip generation standards of the Institute of Transportation Engineers.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 line for 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, shall be exempted
MINOR SUBDIVISION.
Any subdivision containing not more than three lots with frontage
on an existing street, not involving any new street or road and not
adversely affecting the development of the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Comprehensive Plan, Official Map, zoning ordinance,[6] or this chapter.
The combination or recombination of previously platted lots on an existing street where the total number of lots is not increased and the resultant lots comply with Chapter 295, Zoning.
The division of any tract of land in one undivided ownership into two parcels for the purpose of transfer of ownership, where the area conveyed is less than 6,000 square feet and where both result in a combination of lots that comply with Chapter 295, Zoning.
MAJOR SUBDIVISION.
Any subdivision which is not a minor subdivision. Any proposed
subdivision shall be classified as a major subdivision if it represents
a further subdivision of an original tract of land for which previous
minor subdivisions have been approved by the Borough Council and the
combination of the proposed and approved minor subdivision constitute
a major subdivision and further any subdivisions not meeting the definition
of "minor subdivision" supra. The original tract of land shall be
considered any tract in existence at the time of the adoption of this
chapter.
Where, in the judgment of the head of Borough Engineering
Services, at least 90% of those improvements required as a condition
for final approval and for which financial security was posted 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 registered land surveyor licensed as such by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Is indicated by letter C in diagram[7] and is defined as a lot other than a corner lot with frontage
on more than one street other than an alley. Through lots with frontage
on two streets may be referred to as double frontage lots.
Surface soils and subsurface soils which presumably are fertile
soils and soils material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A horizon."
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water, whether natural or man-made.
A system for supplying and distributing water from a common
source to dwellings and other buildings, generally serving a major
portion of a municipality or municipalities, and operated by a governmental
agency, governmental authority, or public utility company.
The open space on the same lot with a building or structure. The space shall be open and unobstructed from the ground upward, except as otherwise provide in this chapter, and not less in depth or width than the minimum required by Chapter 295, Zoning.
An open space between an adjacent street right-of-way and
buildings on the lot extending for the full width of the lot.
An open space between the rear lot line and buildings on
a lot and extending for the full width of the lot.
An open space between the side lot line and buildings on
a lot and extending from the front yard to the rear yard.
[1]
Editor's Note: See diagram in the definition of "lot types."
[3]
Editor's Note: See diagram in the definition of "lot types."
[4]
Editor's Note: See 53 P.S. § 10401 et seq.
[5]
Editor's Note: See diagram in the definition of "lot types."
[7]
Editor's Note: See diagram in the definition of "lot types."
