A.
In this chapter, the following rules of interpretation shall be used:
(1)
Words in the singular include the plural, and words in the plural
include the singular.
(2)
Words in the present tense may imply the future tense.
(3)
The word "person" includes a corporation, association, trust, estate,
unincorporated association and a partnership, or any other legally
recognized entity, as well as an individual.
(4)
The word "building" shall be construed as if followed by the words
"or part thereof."
(5)
The word "street" includes "road," "highway" and "lane," and "watercourse"
includes "drain," "ditch," and "stream."
(6)
The words "shall" or "will" are mandatory, and the word "may" is
permissive.
(7)
The word "lot" includes the word "plot," "parcel," or "tract."
B.
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions, agencies, or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions, agencies,
or officials of the Borough of Mount Joy as in effect or office from
time to time, including amendments thereto or revisions or successors
thereof, unless the text indicates that another reference is intended.
C.
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.
E.
When a term is defined in the MPC and is not otherwise defined in
this chapter, such term will be interpreted in accordance with the
definition in the MPC.
F.
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 Council in enacting this
section to incorporate such changes to statutes, regulations, and
publications to the extent authorized by 1 Pa.C.S. § 1937.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
The Americans with Disabilities Act of 1990, as amended by
the Americans with Disabilities Act Amendments Act of 2008 (42 U.S.C.
§ 12101 et seq.), and the federal regulations implementing
such statute.
A minor right-of-way, privately or publicly owned, primarily
for vehicular service access to the back or sides of more than two
properties.
The Mount Joy Borough Authority and any other municipal authority
organized and incorporated by the Borough of Mount Joy.
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.
The Borough of Mount Joy, Lancaster County, Pennsylvania,
as represented by the Borough Council or its duly authorized agents.
A licensed engineer registered in Pennsylvania designated
by Council to perform the duties of engineer as herein specified.
A freestanding upright structure made of wood, glass, metal,
plastic, wire, or similar material standing 2 1/2 feet high or
higher, erected to secure or divide one property from another to assure
privacy, to protect the property, or to enclose the property.
A freestanding upright structure of masonry, stone, brick,
or similar material standing 2 1/2 feet high or higher, erected
to secure or divide one property from another to assure privacy, to
protect the property, or to enclose the property.
Any enclosed or open structure, other than a boundary wall,
boundary fence or farm fence; 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.
See "setback."
The portion of a street or alley intended for vehicular traffic.
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.
The Mount Joy Borough Planning Commission.
The plan and/or regional plan, or parts thereof, which has
been adopted by the Council, 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 Borough.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980, 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.
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.
The amount that the Borough Engineer estimates that the Borough
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 Borough will
incur in the event that it is required to complete the proposed improvements.
The Borough Council being the governing body of the Borough.
The Lancaster County Planning Commission or, when authorized,
the County Planning Commission staff.
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians.
A street which intersects a through street at one end and
terminates at the other end with a vehicular turnaround. A street
which intersects with a street which is not a through street shall
also be considered a cul-de-sac, and the length of such cul-de-sac
shall be measured from the point of intersection with a through street.
For the purposes of this provision, a "through street" shall be considered
a street which does not terminate at the boundary of the development
(either permanently or temporarily) and which provides direct access
to points outside the development without having to intersect with
another street.
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
The deliberate appropriation of land by its owner for general
public use.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
A lot with front and rear street frontage.
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.
Any construction or other activity that 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.
A strip of land granted for limited use of property by the
landowner for a public or quasipublic 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.
A freestanding upright structure made of wood, glass, metal,
plastic, wire, masonry, stone, brick or similar material erected to
protect or enclose crops and livestock or to prevent livestock access
to water bodies, and used exclusively for agricultural purposes.
A letter of credit or other form of guaranty in accordance with the requirements of Article V of the MPC posted by a developer to secure the completion of improvements indicated on an approved plan.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The slope expressed in a percent that indicates the rate
of change of elevation in feet per hundred feet.
That portion of a right-of-way carrying surface drainage.
A condition, not economic in nature, not caused by the applicant
or developer, for which he may request a waiver.
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.
The making of physical changes to the land, including but
not limited to grading and paving, installation of curbs, gutters,
stormwater management facilities, or sidewalks, and extensions and/or
installation of water supply facilities and/or sanitary sewer facilities,
in order to prepare the land for two or more residential units of
occupancy or one or more nonresidential units of occupancy. "Improvement"
shall also include the erection of a nonresidential building, the
addition of more than 50 square feet to a nonresidential building,
the conversion of a nonresidential building into a greater or lesser
number of units of occupancy, or the conversion of a single-family
residence into four or more dwelling units. "Improvement" shall not
include the erection of a residential accessory building or structure,
including, but not limited to, attached or detached garages, swimming
pools or tennis courts, or the erection of an accessory building or
structure for agricultural purposes on a farm.
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.
For the purposes of this chapter, the following circumstances
are excluded from the definition of land development:
The conversion of an existing single-family detached dwelling,
or single-family semi-detached dwelling, into not more than three
residential units, unless such units are intended to be a condominium;
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:
The accessory building does not create a need for any additional parking, per Chapter 270, Zoning; and
The accessory building does not, in accordance with the Pennsylvania
Sewage Facilities Act, Act 537 of 1966, as amended, create the need
for a sewer facilities plan revision (plan revision module for lane
development), or supplement; and
The accessory building is not for the creation of additional
units of occupancy; and
The accessory building does not require approval from the Zoning
Hearing Board; and
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
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.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding space within
any street right-of-way, but including the area of any easement.
A property boundary line of any lot, 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.
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.
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or enlargement of any
structure or building, or any use or extension of land. New development
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.
A vacant subdivided residential lot or a newly constructed
home located within the boundaries of Mount Joy Borough.
Any use other than single-family or multifamily dwellings.
An institutional use in which persons may reside, including but not
limited to dormitories, nursing homes or hospitals, shall be considered
nonresidential use.
A map adopted by ordinance pursuant to the MPC and recorded
in the office of the Lancaster County Recorder of Deeds.
The owner of record of a parcel of land.
The plan formally adopted by Borough Council setting forth
recommendations and goals for the provision of open space, parkland
and recreational land within the Borough, as it may be amended from
time to time.
A facility with an all-weather surface for the off-street
parking of vehicles, including the aisles for vehicle movement.
The Department of Transportation of the Commonwealth of Pennsylvania
or any agency successor thereto.
The map or plan of a subdivision or land development, whether
preliminary or final.
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.
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 IV herein.
A complete and exact subdivision and/or land development plan, including supplementary data, designed in accordance with the requirements of § 240-65.
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 § 240-66.
A subdivision and/or land development plan that is designed in accordance with the requirements of § 240-64, and is prepared for consideration prior to submission of a final plan.
A final plan which includes both preliminary and final plan requirements and is designed in accordance with § 240-65.
A final plan that contains the original endorsement of the
Borough, which is recorded with the Lancaster County Recorder of Deeds.
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 § 240-63.
The Recorder of Deeds in and for Lancaster County, Pennsylvania.
Public and/or private investment made to re-create the fabric
of an area by renovating previously developed land. Replacing, remodeling,
or reusing existing buildings and structures to accommodate new development.
Any subdivision or transfer of land, laid out on a plan that
has been approved by the Council, which changes or proposes to change
property lines and/or public rights-of-way not in strict accordance
with the approved plan.
The total width of any land reserved or dedicated as a street,
alley or pedestrian way, or for any other public or private purpose.
A lot extending between, and having frontage on, an arterial
street and a minor street, and with vehicular access solely from the
latter.
All developers, owners, and/or owner's agents who are selling
a new residential property to a member of the general public.
The line within a property defining the required minimum
distance between any building or structure and the adjacent right-of-way.
The length of a street, measured along the center line, which
is continuously visible from any point three feet above the center
line.
A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation and 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 270, Zoning, or the Official Map.
ALLEY (SERVICE STREET)A minor street that 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.
ARTERIAL STREET; HIGHWAYA street or road that is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by PennDOT.
COLLECTOR STREETA street that carries traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development.
LOCAL STREETA street that is used primarily for access to the abutting properties.
CUL-DE-SACA local street with a single means of ingress and egress and having a turnaround. The design of the turnaround may vary.
PRIVATEA street not accepted for dedication by the Borough.
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."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Same as "developer."
The site or lot proposed for land development or subdivision.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A plan showing all present and proposed grades and facilities
for stormwater drainage.
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:
SINGLE DETACHED UNITA unit that is completely surrounded by open space.
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).
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, shopping center with multiple storefronts).
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).
The granting of an exception to these regulations that in
the opinion of the Council will not be detrimental to the general
welfare or impair the intent of these regulations.
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.
A board created by Council in accordance with Article IX of the MPC.
