A.Â
The language and words set forth in Article II of this chapter are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate officers. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning indicated below:
(1)Â
Words used in the present tense include the future tense.
(2)Â
The singular includes the plural and vice versa.
(3)Â
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
(4)Â
The word "person," "applicant," "subdivider," "developer" and "landowner"
includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
(5)Â
The masculine gender includes the feminine and neuter. The feminine
gender includes the neuter and masculine. The neuter gender includes
both feminine and masculine.
(6)Â
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
(7)Â
The word "used" or "occupied" as applied to any land, structure or
building shall be construed to include the phrase, "intended, arranged
or designed to be used or occupied."
(8)Â
The word "erected" shall be inclusive of the words "constructed,
altered or moved."
(9)Â
Except as provided in Subsection A(11) below, for those words used in this chapter but not defined in this chapter, the definitions found in the Pennsylvania Municipalities Planning Code (MPC), or various chapters of the Code of the Borough of Paxtang, specifically including but not limited to Chapter(s) 160, relating to buildings; 220, relating to floodplain management; 310, relating to property maintenance; 336, relating to sewers; 360, relating to stormwater management; 366, relating to streets and sidewalks; 392, relating to shade trees; and 425, relating to zoning, shall apply.
(10)Â
For those words used in this chapter but which are also defined
in various chapters of the Code of the Borough of Paxtang, wherever
and whenever the terms and associated definitions are not consistent,
the terms and associated definitions used in this chapter govern the
regulations and standards in this chapter.
(11)Â
For those words used in this chapter but not defined in this
chapter or by any of the definitions found in various chapters of
the Code of the Borough of Paxtang, the definition of the term found
in the most recent edition of Webster's Unabridged Dictionary
shall apply.
(12)Â
For those notations, numerals, words and phrases included parenthetically
subsequent to specific text and regulations used in this chapter,
the information included parenthetically shall be considered guidance
and explanatory, and the specific text and regulations listed prior
to the parenthetical reference used in this chapter shall govern.
B.Â
Illustrations and tables.
(1)Â
In instances of any differences of meanings or implications between
the text of this chapter and any caption, illustration or table, the
text shall control. No caption, illustration or table shall be construed
to limit the scope or intent of the text of this chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
Any person other than the developer who, acting for the developer,
submits subdivision and/or land development plans to the Borough for
the purpose of obtaining approval thereof.
See the MPC.
See the MPC.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 160 of this Code, relating to buildings.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
The surface of a street, access drive, driveway or alley
available for vehicular traffic, including travel lanes and parking
lanes, but not including curbs, sidewalks or swales.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
The outside edge of the cartway.
The deliberate assignment of land or interest thereto by
its owner to another party.
A written instrument whereby an estate in real property is
conveyed.
See Chapter 425 of this Code, relating to zoning.
See the MPC.
See Chapter 425 of this Code, relating to zoning.
A right-of-way granted for limited use of private land for
a public or quasi-public 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.
See Chapter 220 of this Code, relating to floodplain management.
The slope expressed in a percent which indicates the rate
of change of elevation in feet per hundred feet.
Trees which exhibit no symptoms or signs of injury or disease.
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.
"Land development" does not include development which involves:
The addition of a residential accessory building on an individual
lot or lots subordinate to an existing principal residential building.
See the MPC.
Living trees, shrubs and ground cover, fences and other similar
natural and decorative features.
A utility line between a utility main that is located within
a utility easement, and the single building which the line serves.
See the MPC.
See Chapter 425 of this Code, relating to zoning.
See Chapter 425 of this Code, relating to zoning.
See the MPC.
See Chapter 425 of this Code, relating to zoning.
A plant which grew in a defined region prior to European
settlement. Indigenous species and naturalized nonnative plants may
be included as a native plant if they have been brought into the region
and have become established in the wild and are not considered invasive
or do not displace native plants. Naturally occurring hybrids and
cultivars (cultivated varieties) of native genetic parent species
which may or may not have been present prior to European settlement
are considered native plants.
Any use other than residential.
The hour during which the heaviest volume of traffic occurs
on a street.
A right-of-way, municipally or privately owned, which cuts
across a block to furnish access for pedestrians to adjacent streets
or properties.
The map representing a tract of land, including all supplementary data specified in Article IV of this chapter. The following are the types of plans specified by this chapter:
AS-BUILTA revised final plan, showing dimensions and locations of all streets and other public improvements as actually constructed.
CONCEPT PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal, for consideration prior to the formal submission of a plan.
FINAL PLANA subdivision and/or land development plan prepared for official recording as required by statute to define property rights, proposed streets and other public improvements.
PRELIMINARY PLANA complete and exact subdivision and/or land development plan, the purpose of which is to authorize the preparation of a final plan.
Public parks, playgrounds, open space and other public areas;
and sites for school, sewage treatment, refuse disposal and other
public-owned or -operated facilities.
See Chapter 425 of this Code, relating to zoning.
The degree of deviation of a surface from the horizontal.
Slope is expressed in a percentage which indicates the rate of elevation
change in feet per 100 feet.
See the MPC. Streets shall conform to one of the following
categories:
ARTERIALA street which provides for intercommunity travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on other types of streets. The secondary function of an arterial street is to provide access to frontage lots; therefore, the intensity of driveway or access drive access is limited. If a section of this chapter does not distinguish between "arterial" and "controlled access arterial" streets, the term "arterial" shall be interpreted to include "controlled access arterial" streets. See Chapter 425 of this Code, for streets listed as arterial streets.
ARTERIAL, CONTROLLED ACCESSA street which provides for intercommunity travel, connecting population centers and carrying large volumes of traffic at speeds higher than desirable on other types of streets. Access is strictly limited in accordance with the requirements of this chapter and, where applicable, in accordance with a permit, plat or map approved by the PennDOT.
COLLECTORA street which conducts and distributes traffic between arterial and local streets. The collector street's primary function is to promote free traffic flow. The secondary function of a collector street is to provide access to frontage lots; therefore, the intensity of direct driveway access is limited. See Chapter 425 of this Code, for streets listed as collector streets.
CUL-DE-SACA type of local street with a single common ingress and egress.
The linear measurement taken along a property's common
boundaries with adjoining street rights-of-way.
The elevation of a street along the center line of the cartway.
See Chapter 425 of this Code, relating to zoning.
A street or road not offered for dedication or whose dedication
was not accepted by the municipality.
See the MPC.
See Chapter 360 of this Code, relating to stormwater management.
A contiguous grouping of grand trees that has been determined
or is determined by Borough Council to be of exceptional value. This
determination shall be based on some or all of the following criteria:
A single or one-direction vehicle movement with either the
origin or the destination (exiting or entering) inside the study site.
See Chapter 425 of this Code, relating to zoning.
See Chapter 360 of this Code, relating to stormwater management.
See Chapter 360 of this Code, relating to stormwater management.
Generally, an ecosystem characterized by a dense and extensive
tree cover. More particularly, a plant community predominantly of
healthy trees and other woody vegetation, well-stocked and usually
growing close together.
For the purposes of this chapter, the following abbreviation
shall include the following:
The Dauphin County Conservation District, or any successor
agency.
The Dauphin County Planning Commission, or any successor
agency.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[1]
The Pennsylvania Department of Community and Economic Development,
or any successor agency.
The Pennsylvania Department of Environmental Protection,
or any successor agency.
The Pennsylvania Public Utility Commission, or any successor
agency.
The Pennsylvania Department of Transportation, or any success
agency.
The United States Army Corps of Engineers, or any successor
agency.
The United States Department of Agriculture, or any successor
agency.
Natural Resources Conservation Service, United States Department
of Agriculture, or any successor agency.
The United States Department of Environmental Protection
Agency, or any successor agency.
The United States Fish and Wildlife Services, or any successor
agency.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
