Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
ADAThe 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.
ALLEY or SERVICE DRIVEA minor right-of-way, privately or publicly owned, primarily for vehicular service access to the back or sides of more than two properties.
AUTHORITYThe Mount Joy Borough Authority and any other municipal authority organized and incorporated by the Borough of Mount Joy.
BLOCKAn 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.
BOROUGHThe Borough of Mount Joy, Lancaster County, Pennsylvania, as represented by the Borough Council or its duly authorized agents.
BOROUGH ENGINEERA licensed engineer registered in Pennsylvania designated by Council to perform the duties of engineer as herein specified.
BOUNDARY FENCEA 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.
BOUNDARY WALLA 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.
BUILDINGAny 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.
CARTWAYThe portion of a street or alley intended for vehicular traffic.
CLEAR SIGHT TRIANGLEAn 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.
COMMISSIONThe Mount Joy Borough Planning Commission.
COMPREHENSIVE PLANThe 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.
CONDOMINIUMA 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.
CONTIGUOUSLots 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.
COST OF IMPROVEMENTSThe 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.
COUNCILThe Borough Council being the governing body of the Borough.
CROSSWALKA right-of-way, publicly or privately owned, intended to furnish access for pedestrians.
CUL-DE-SACA 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.
CURBThe raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
DEDICATIONThe deliberate appropriation of land by its owner for general public use.
DEPThe Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
DRAINAGE EASEMENTThe 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.
EARTHMOVING ACTIVITIESAny 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.
EASEMENTA 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.
FARM FENCEA 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.
FINANCIAL SECURITYA 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.
GRADEThe slope expressed in a percent that indicates the rate of change of elevation in feet per hundred feet.
GUTTERThat portion of a right-of-way carrying surface drainage.
HARDSHIPA condition, not economic in nature, not caused by the applicant or developer, for which he may request a waiver.
HOMEOWNERS' ASSOCIATIONAn 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.
IMPROVEMENTThe 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.
LAND DEVELOPMENTAny 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
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.
For the purposes of this chapter, the following circumstances are excluded from the definition of land development:
(1) 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:
(a) 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
The accessory building complies with all provisions of applicable Borough ordinances, including but not limited to, Chapter
226, Stormwater Management, and Chapter
270, Zoning. For the purpose of this subsection, this exemption shall be limited cumulatively from the effective date of this chapter.
LANDSCAPE ARCHITECTA professional landscape architect licensed as such in the Commonwealth of Pennsylvania.
LOTA 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.
LOT AREAThe 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.
LOT LINEA 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.
MPCThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
NEW DEVELOPMENTA 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.
NEW RESIDENTIAL PROPERTYA vacant subdivided residential lot or a newly constructed home located within the boundaries of Mount Joy Borough.
NONRESIDENTIALAny 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.
OFFICIAL MAPA map adopted by ordinance pursuant to the MPC and recorded in the office of the Lancaster County Recorder of Deeds.
OWNERThe owner of record of a parcel of land.
PARK AND RECREATION PLANThe 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.
PARKING LOTA facility with an all-weather surface for the off-street parking of vehicles, including the aisles for vehicle movement.
PennDOTThe Department of Transportation of the Commonwealth of Pennsylvania or any agency successor thereto.
PLANThe map or plan of a subdivision or land development, whether preliminary or final.
PLAN, AS-BUILTEngineering 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.
PLAN, IMPROVEMENT CONSTRUCTIONA 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 that contains the original endorsement of the Borough, which is recorded with the Lancaster County Recorder of Deeds.
PLAN, SKETCHAn 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.
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.
RESUBDIVISIONAny 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.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley or pedestrian way, or for any other public or private purpose.
REVERSE FRONTAGE LOTA lot extending between, and having frontage on, an arterial street and a minor street, and with vehicular access solely from the latter.
SELLERAll developers, owners, and/or owner's agents who are selling a new residential property to a member of the general public.
SETBACKThe line within a property defining the required minimum distance between any building or structure and the adjacent right-of-way.
SIGHT DISTANCEThe length of a street, measured along the center line, which is continuously visible from any point three feet above the center line.
STREETA 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.
A. 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.
STREET LINEA 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."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBJECT TRACTThe site or lot proposed for land development or subdivision.
SURVEYORA professional land surveyor licensed as such in the Commonwealth of Pennsylvania.
SURFACE DRAINAGE PLANA plan showing all present and proposed grades and facilities for stormwater drainage.
UNIT OF OCCUPANCYA 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:
B. 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).
WAIVERThe 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.
WETLANDSThose 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.