[Amended 3-7-1984 by Ord. No. 87; 6-5-1991 by Ord. No. 104]
The following words or phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
AGENT
Any person, other than the subdivider, who, acting for the
subdivider, submits to the Planning Commission subdivision plans for
the purpose of obtaining approval thereof.
[Amended 10-7-2009 by Ord. No. 2009-6]
ALLEY
A right-of-way providing secondary vehicular access to the
side or rear of two or more properties.
APPLICANT
Any person or municipality who submits to the Planning Commission
subdivision plans for the purpose of obtaining approval thereof.
[Amended 10-7-2009 by Ord. No. 2009-6]
ARTERIAL STREET
A street serving large volumes of comparatively high-speed
and long-distance traffic and including highways of the Pennsylvania
Department of Transportation, where applicable.
BLOCK
An area bounded by streets.
BUILDING SETBACK LINE
A line within a property defining the required minimum distance
between any structure and the adjacent right-of-way line.
CARTWAY
The portion of a street or alley intended for vehicular use.
CHAIRMAN
The Chairman of the Jacobus Borough Planning Commission.
CHAPTER, THIS
The Jacobus Borough Subdivision and Land Development Ordinance,
as amended, and any provisions thereof, enacted by the Borough Council.
[Added 10-7-2009 by Ord. No. 2009-6]
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by the right-of-way lines of the streets and by a line of sight between
points on their right-of-way lines at a given distance from the intersection
of the right-of-way lines.
COMMISSION STAFF
The technical personnel retained by the Jacobus Borough Planning
Commission.
CUL-DE-SAC
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
DEP
The Pennsylvania Department of Environmental Protection and
its successor agencies. The term "DEP" or "Pennsylvania Department
of Environmental Protection" shall replace any reference to "DER"
or the "Pennsylvania Department of Environmental Resources" throughout.
[Added 10-7-2009 by Ord. No. 2009-6]
DEVELOPER
A person or entity proposing to develop land. Where appropriate,
the term will have the same meaning as "subdivider."
DRAINAGE FACILITY
Any ditch, gutter, pipe, 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.
DRIVEWAY
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
DWELLING UNIT
Any structure or part thereof designed to be occupied as
living quarters as a single housekeeping unit.
EASEMENT
A limited right of use granted in private land for a public
or quasi-public purpose.
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.
HALF OR PARTIAL STREET
A street parallel and adjacent to a property line having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
IMPROVEMENTS
Those physical additions, installations and changes required
to render land suitable for the use proposed.
LAND DEVELOPMENT
A.
Any of the following activities:
(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.
B.
The term "land development" shall not include:
(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 condominiums;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(3)
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.
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.
LOT AREA
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding any area
within a street right-of-way, but including the area of any easement.
LOT LINE ADJUSTMENT[Added 10-7-2009 by Ord. No. 2009-6]
A.
The revision or deletion of one or more lot lines in such a
way that all of the following are true:
(1)
No new lots will be created beyond what was previously approved;
(2)
No additional road/street segments or significant changes in
alignment are proposed other than what was previously approved; and
(3)
No additional nonconformities will be created under Chapter
250, Zoning, of the Code of the Borough of Jacobus.
B.
A lot line adjustment shall still need approval under this chapter.
MAINTENANCE AGREEMENT
An agreement, in a form and manner acceptable to the Borough
Council, requiring the developer of required public improvements to
make any repairs or reconstructions and to maintain such improvements
for a certain period.
[Added 10-7-2009 by Ord. No. 2009-6]
MAINTENANCE GUARANTEE
Financial security which is acceptable to the Borough to
secure the promise made by a developer in the maintenance agreement
that required public improvements shall be maintained by the developer.
(Note: These guarantees typically include acceptable letters of credit,
performance bonds, escrow agreements, and other similar collateral
or surety agreements.)
[Added 10-7-2009 by Ord. No. 2009-6]
MARGINAL ACCESS STREET
Minor streets, parallel and adjacent to major traffic streets,
providing access to abutting properties and control of intersections
with the major traffic street.
MUNICIPALITY
Township of the first or second class, Borough or city.
OWNER
The owner of record of a parcel of land.
PENNDOT
The Pennsylvania Department of Transportation.
[Added 10-7-2009 by Ord. No. 2009-6]
PERFORMANCE GUARANTEE
Financial security which is acceptable to the Borough Council
to ensure that the developer will install required improvements. (Note:
This typically includes acceptable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements.)
[Added 10-7-2009 by Ord. No. 2009-6]
PLAN, FINAL
A complete and exact subdivision plan, prepared as for official
recording, to define property rights and proposed streets and other
improvements.
PLANNING COMMISSION
Unless otherwise stated, the Jacobus Borough Planning Commission.
[Added 10-7-2009 by Ord. No. 2009-6]
PLAN, PRELIMINARY
A tentative subdivision plan, in lesser detail than a final
plan, showing the salient existing features of a tract and its surroundings
and approximate proposed street and lot layout as a basis for consideration
prior to preparation of a final plan.
PLAN, RECORD
An exact copy of the approved final plan on map material
acceptable to the York County Recorder of Deeds.
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision for discussion purposes only and
not to be presented for approval.
PUBLIC NOTICE
As defined by the Pennsylvania Municipalities Planning Code.
[Added 10-7-2009 by Ord. No. 2009-6]
RECREATION LAND
Land intended for noncommercial recreation by residents of
a development or by the general public and which meets the requirements
of this chapter for such land.
[Added 10-7-2009 by Ord. No. 2009-6]
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.
[Amended 10-7-2009 by Ord. No. 2009-6]
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major street
and a minor street, with vehicular access solely from the latter.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means
of travel.
SEWAGE FACILITY
Any sewer, sewage system, sewage treatment works or part
thereof designed, intended or constructed for the collection, treatment
or disposal of liquid waste, including industrial waste.
SEWAGE SERVICE
The definitions in Chapter
250, Zoning, of the Code of the Borough of Jacobus shall apply.
[Added 10-7-2009 by Ord. No. 2009-6]
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.
STREET
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Streets are
further classified as follows:
A.
MINOR STREETStreets which are used primarily for access to abutting properties and generally serve internally developed areas.
B.
COLLECTOR STREETStreets which, in addition to giving access to abutting properties, intercept minor streets and provide routes to community facilities and to major traffic streets.
C.
ARTERIAL STREETA street serving large volumes of traffic that provides a primary traffic connection between the Borough and other municipalities. The only arterial street within Jacobus is Main Street.
[Amended 10-7-2009 by Ord. No. 2009-6]
SUBDIVIDER
A person or entity proposing to subdivide. Where appropriate,
the term will have the same meaning as "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.
SUBDIVISION ADMINISTRATOR or PLANS ADMINISTRATOR
The staff person(s) charged by the Borough Council with the
responsibility of administering the subdivision application submission
procedure. Said staff person shall be the Zoning Officer of Jacobus
Borough to and until the Borough Council may designate an alternative
person.
[Added 10-7-2009 by Ord. No. 2009-6]
UNDEVELOPED LAND
Land in parcels sufficiently large for future subdivision
which is presently in agriculture, woodland or lying fallow.
WATER FACILITY
Any waterworks, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
WATER SERVICE
The definitions in Chapter
250, Zoning, of the Code of the Borough of Jacobus shall apply.
[Added 10-7-2009 by Ord. No. 2009-6]