[Ord. 1223-99, 4/10/1999, § 202]
When used in this Chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
A minor way, whether or not legally dedicated, intended and used primarily for vehicular service access to the rear of properties which abut on a street, and not intended for the purpose of general vehicular traffic circulation.
A landowner or developer who has filed an application for a subdivision or land development, including his/her heirs, successors and assignees.
A tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough or by any combination of the above.
The Borough of Gettysburg, Adams County, Pennsylvania. Unless otherwise stated, this shall mean Borough Council and their authorized agents.
The Borough Council of the Borough of Gettysburg.
Shall have the same meaning as "lot line adjustment."
A combination of materials to form a permanent structure having walls and a roof. This shall include all mobile homes and trailers used for human habitation.
The paved portion of a street or highway designed for vehicular traffic and paved areas intended for on-street parking.
The Planning Commission of Borough of Gettysburg.
Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices and other types of space in commercial and industrial buildings or on real property.
Calendar days.
The Pennsylvania Department of Environmental Protection, and its successor agencies.
Any landowner, agent of such landowner or tenant with permission from a landowner, who makes or causes to be made a subdivision of land or land development.
Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land, as well as sewage disposal systems and water supply systems.
See definitions in the Borough Zoning Ordinance [Chapter 27].
A grant by the property owner to the public, a corporation, a person or group of persons, or another tract of land of a use of land for specified purposes.
A person licensed to practice as a professional engineer in the Commonwealth of Pennsylvania.
The registered professional engineer designated by Borough Council to perform all duties required of the Engineer by the provisions of this Chapter.
See the Borough Zoning Ordinance [Chapter 27].
The elevation of ground or paving.
An agreement in a form and manner acceptable to Borough requiring a developer to install the improvements required by this Chapter or which appear on the official approved plans.
As defined by the State Municipalities Planning Code, as amended[1]. For the purposes of this Chapter, the following shall specifically not be considered a "land development":
The construction of only one accessory agricultural building that is not intended for the storage of animal wastes or the storage or feeding of animals.
The owner of a legal or equitable interest in land, including the holder of a formal 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 right of the landowner, or other person having a proprietary interest in land.
A designated parcel, tract or area of land established by a plot or otherwise permitted by law and to be used, developed or built upon as a unit.
The revision or deletion of one or more lot lines in such a way that all of the following are true:
No new lots will be created beyond what was previously approved.
No additional street segments or significant changes in alignment are proposed other than what was previously approved.
No additional nonconformities will be created under the Borough Zoning Ordinance [Chapter 27].
No new land development will occur other than a land development that was previously approved or buildings to support "crop farming."
A lot that abuts a public street on one side of the lot, but has vehicular access only from a public street on the opposite side of the lot.
An agreement in a from and manner acceptable to the Borough requiring the developer of required improvements to make any repairs or reconstructions and to maintain such improvements for a certain period.
Financial security which is acceptable to the Borough to secure the promise made by a developer in the maintenance agreement that required 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.)
See "subdivision, major."
An area of land in a mobile home park improved with the utilities and other improvements needed for the placement of a single mobile home, with the land leased or rented by the park owner to the occupants of the mobile home.
A flood that, on the average, is likely to occur every 100 years, such as that has a 1% chance of occurring each year, although the flood may occur in any year.
The area of a lot unoccupied by principal or accessory structures, streets, driveways, parking areas, but may include areas occupied by walkways, picnic pavilions, play equipment and other areas occupied by noncommercial outdoor recreation facilities.
Common open space owned by a government agency or the Borough for public recreation.
The Borough of Gettysburg Subdivision and Land Development Ordinance, as amended, and any provisions thereof, enacted by Borough Council.
A tract, lot or area of land.
Outdoor areas or specially designed buildings or garages used for the storage of vehicles. Unless otherwise stated, shall mean off-street parking.
A pedestrian access way which is not adjacent to a street or access drive and conforms with this Chapter.
The Pennsylvania Department of Transportation.
The Pennsylvania Municipalities Planning Code, as may be amended, or its successor legislation.
Financial security which is acceptable to the Borough 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).
A map of a land development or subdivision and accompanying notations.
SKETCH PLANAn informal plan, identified with the title "sketch plan" on the map, indicating the general layout of the proposed subdivision or land development.
PRELIMINARY PLANA complete plan identified with the title "preliminary plan" accurately showing proposed streets and lot layout and such other information as required by this Chapter.
FINAL PLANA complete and exact plan identified with the title "final plan," including the plan prepared for official recording as required by this Chapter to define property rights and proposed streets and other improvements.
See "Commission."
The person or persons charged by the Borough Council with the responsibility of administering the subdivision application submission procedure. Said person shall be the Code Enforcement Officer of the Borough of Gettysburg to and until the Borough Council, by resolution, shall designate his successor.
A regular meeting of the Planning Commission at which the Commission is authorized to conduct official action and which has been scheduled based upon an annual meeting schedule (as may be adjusted by the Chairperson) and which is not a workshop meeting or the official public meeting on an ordinance amendment.
As defined by the Pennsylvania Municipalities Planning Code[2].
The one-hundred-year flood elevation, plus a free-board safety factor of 1 1/2 feet.
A system designed to collect, treat and dispose of sewage from users in compliance with regulations of Pennsylvania DER and the Borough.
CENTRAL SEWAGE SERVICEService by a sewage disposal system which collects, treats and disposes sewage from more than one dwelling, principal use or lot.
ONLOT SEWAGE SYSTEMA sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling unit, principal use or lot.
A pedestrian access way which is adjacent to a street or access drive and conforms to the regulations of this Chapter.
The Adams County Conservation District.
The latest version of the official Soil Survey of Adams County, published by the U.S. Soil Conservation Service, or its successor reference.
The government of the Commonwealth of Pennsylvania and its relevant subparts.
See "Pennsylvania Municipalities Planning Code."
An area of 15% or greater slope.
A public or private thoroughfare which affords the principal means of access to abutting property or that is an expressway, but not including an alley or a driveway.
See the official street classification map, which classifies streets as arterial, collector or local streets.
A type of street which is terminated at one end by a permitted turn-around and which intersects another street at the other end.
A type of local street which is parallel and adjacent to collector or arterial streets and provides access to abutting properties.
See "developer."
As defined by the Pennsylvania Municipalities Planning Code, as amended[3].
Any subdivision of land which does not qualify as a "minor subdivision."
A proposal involving land, other than a land development, which is either:
The "Borough of Gettysburg Subdivision and Land Development Ordinance," as amended [this Chapter].
In the judgment of the Borough Engineer at least 90% (based upon the cost of the required improvements for which financial security was posted) 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.
United States Geological Survey, or its successor agency.
A strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
Any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel and bed and shall include any area adjacent thereto subject to inundation by reason of overflow of flood waters.
Service by a water system which transmit water from a common source to more than one dwelling, principal use or lot.
Central water service that is owned and/or operated by a municipal authority or a Pennsylvania PUC regulated water company and that serves more than 50 dwelling units or principal uses.
Service by a water system which transmits water from a source on the lot to only one dwelling, principal use or lot.
[1]
As of 1999, this definition included the following: The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving either or both of the following:
A. 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.
B. 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.
[2]
As of 1999, this included the following definition: "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 7 days from the date of the hearing."
[3]
As of 1999, this definition was as follows:
A. 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.
B. 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 residential dwellings is not a subdivision.