[Amended 4-19-1994 by Ord. No. 69]
Unless otherwise expressly stated, the following
words shall, for the purposes of this chapter, have the meaning herein
indicated:
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
BERM
That portion of a street lying on either side of the cartway
where the soil is stabilized in order to protect the edge of the pavement
or other road surfacing.
CARTWAY
That portion of a street which is improved, designated, or
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 street center lines.
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.
COUNTY
The County of Adams, Pennsylvania.
CUL-DE-SAC
A relatively short dead end street with a turnaround provided.
CUT
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
DEVELOPER
Any landowner, agents 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.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
EASEMENT
A right-of-way granted for the limited use of land for public
or quasi-public purposes.
EROSION
The removal of surface materials by the action of natural
elements.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
designated point of higher elevation on the final grade. The material
used to make a fill.
GOVERNING BODY
The Borough Council of Bonneauville Borough, Adams County,
Pennsylvania.
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 cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features;
C.
Development in accordance with § 503(1.1)
of the Municipalities Planning Code, 53 P.S. § 10503(1.1).
[Amended 7-17-2007 by Ord. No. 94]
LANDOWNER
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, shall be deemed
to be a landowner for the purposes of this chapter.
LOT
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.
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 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.
MOBILE HOME STAND
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
MUNICIPALITY AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
[Amended 7-17-2007 by Ord. No. 94]
MUNICIPALITY
The Borough of Bonneauville, Adams County, Pennsylvania.
PERSON
Any individual or group of individuals, partnership, or corporation.
PLANNED RESIDENTIAL DEVELOPMENT
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 this chapter.
PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, Act 247, 53 P.S. § 10101 et seq.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
A.
PRELIMINARYA tentative plan indicating the proposed layout of a subdivision prepared by the subdivider for submission to the Planning Commission for its consideration.
B.
FINALA complete and exact plan of subdivision which is presented to the Planning Commission for approval and which, if approved, will be submitted to the Recorder of Deeds of Adams County for recording in accordance with law.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other
recreational areas and other public areas;
B.
Sites for schools, sewage treatment, refuse
disposal and other publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic
sites.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PUBLIC MEETING/HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this Act.
[Amended 7-17-2007 by Ord. No. 94]
PUBLIC NOTICE
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.
RUNOFF
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
SEDIMENTATION
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
SKETCH PLAN
A plan submitted at the option of the applicant, usually
a freehand drawing of an idea for a proposed subdivision and land
development; which may show the layout of streets, lots, and other
pertinent features. It is advisable that it be drawn on a general
topographic or Tax Map.
SLOPE
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.
SOIL STABILIZATION
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
STREET
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.
A.
Arterial streets are those which are used primarily
for through, fast or heavy traffic.
B.
Collector streets are those which carry traffic
from minor streets to the major system of arterial streets, including
principal entrance streets of a residential development and streets
for major circulation within such developments.
C.
Minor streets are those which are used primarily
for access to the abutting properties. These may be primarily access
to homes in which case they will be minor residential streets.
D.
Marginal access streets are minor streets which
are parallel to and adjacent to arterial streets and which provide
access to abutting properties and protection from through traffic.
E.
Alleys are minor ways which are used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
F.
Reverse frontage streets. A minor street that
provides access to lots that would otherwise front on an arterial
street. With the introduction of a reverse frontage street, the lots
front on the minor street with the rear lot lines along the arterial.
G.
Partial or half-streets are those where part
of the right-of-way is provided by one property owner with the intent
that the remaining part will be provided by the adjoining property
owner.
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 person, partnership, corporation, association or other
entity who or which owns land in the municipality and for which a
land subdivision application is filed and processed under the provisions
of this chapter. (See also "applicant" and "developer.")
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or 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.
A.
MAJOR SUBDIVISIONAny subdivision involving five or more lots, parcels of land or other divisions of land, whether or not they involve new streets, additional utilities or other facilities immediate or future.
B.
MINOR SUBDIVISIONAny subdivision involving not more than four lots, parcels of land, or other divisions of land which abut a street of sufficient width and does not require a new street, the installation of sanitary sewers, storm sewers, water mains or pipes, or other facilities. Any number of lots not meeting these criteria must be handled as a major subdivision.
SUBSTANTIALLY COMPLETED
Where in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to 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.
SWALE
A low-lying stretch of land which gathers or carries surface
water runoff.
TOPOGRAPHIC MAP
A map showing the elevations of the ground by contours or
elevations.
TOP SOIL
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A Horizon."
WATERCOURSE
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.