[Ord. 287, 3/28/2016]
Unless otherwise stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated
in this section:
ACCELERATED EROSION
The removal of the surface of land through the combined action
of man's activities and the natural processes at a rate greater
than would occur because of the natural process alone.
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one single-family dwelling unit or farm.
ACT
The Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. (1965) 1535, No. 537, as amended, 35 P.S. § 750.1
et seq.
AGENT
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Planning Commission
and Council subdivision or land development plans for the purpose
of obtaining approval thereof.
AGRICULTURE
The tilling of the soil, the raising of crops, forestry,
horticulture and gardening, including the keeping or raising of livestock
such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits,
birds, fish, bees, and other similar animals. This definition also
includes greenhouses and mushroom houses as well as the processing
and retail sale of goods produced on the farm. For the purposes of
this chapter, the use of land for a dwelling site is not agriculture.
AISLE
A private drive within a parking compound providing pedestrian
and vehicular access between an access drive and a parking space which
is located within the parking compound.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plot or plan or for the approval
of a land development plan.
AUTHORITY (SEWER)
The Lancaster Area Sewer Authority and their successors,
or a municipality or other public utility.
AUTHORITY (WATER)
Columbia Water Company, and their successors, or a municipality
or other public utility.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year flood).
BLOCK
An area bounded by streets.
BOROUGH
Mountville Borough, Lancaster County, Pennsylvania, as represented
by the Mountville Borough Council, or its duly authorized agents.
BUILDING
Any structure with a roof intended for shelter or enclosure
of persons, animals or property.
BUILDING ADDITION
An increase in floor area or attached expansion of an existing
building or structure.
BUILDING AREA
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, awnings, terraces, and steps.
BUILDING ENVELOPE
The building envelope is that area of the lot that has no
building restrictions. The building envelope shall not include the
area of any required setbacks (except for driveways which cross yards),
buffer yards or floodplains.
BUILDING SETBACK LINE
The actual line of that face of the building nearest an adjacent
right of way or street line. This face includes sun parlors and covered
porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, ACCESSORY
A detached subordinate building or structure, the use of
which is customarily incidental to that of the principal building
or use and which is located on the same lot as occupied by the principal
building or use.
BUILDING, PRINCIPAL
A building or structure in which is conducted, designed to
be conducted, or intended to be conducted as the primary use of the
lot on which it is located.
CAMPGROUND
A lot, tract or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents.
CARTWAY
The portion of a street or alley intended for vehicular use.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that confine and conduct continuously or periodically flowing
water.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at the intersection of two
or more streets, access drives, driveways, or alleys or any combination
of the foregoing. It is defined by lines of sight between points at
a given distance from the intersection of the centerlines of both
streets, access drives, driveways, or alleys.
COE
United States Army Corps of Engineers.
COMMON DRIVEWAY
A private driveway utilized by two or more separate lots
or dwellings for access to a public or private street.
COMMUNITY SEWAGE SYSTEM
A sewage disposal system, other than a public sewer system,
which provides sewage disposal for two or more units of occupancy
which shall comply with all applicable regulations of the Department
of Environmental Protection or other regulatory agency.
COMMUNITY WATER SUPPLY SYSTEM
A water supply system, other than a public water system,
providing water for more than two units of occupancy which shall comply
with all applicable regulations of the Department of Environmental
Protection or other regulatory agency.
COMPENSATORY MITIGATION
The required restoration, enhancement, or creation of wetlands
to offset unavoidable wetland impacts from construction.
COMPREHENSIVE PLAN
The plan, or parts thereof, which has been adopted by Council,
showing its recommendations for such systems as parks and recreation
facilities, water supply, sewer and sewage disposal, transportation
highways, civic centers, and other public improvements which affect
the development of the Borough. "Growing Together: A Comprehensive
Plan for Central Lancaster County, Pennsylvania," shall hereafter
be referred to as "Growing Together."
CONSERVATION PLAN
A plan including a map(s) and narrative that, at the very
least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
CORNER LOT
A lot abutting upon two streets at their intersection.
COUNCIL
The Mountville Borough Council.
CULVERT
A structure with appurtenances which carries a watercourse
under or through an embankment or fill.
CURB
The raised edge of a pavement to confine surface water to
the pavement and to protect the abutting land from vehicular traffic.
DEDICATION
The deliberate appropriation of land by its owner for general
public use.
DEED
A legal document conveying ownership in real property.
DENSITY, GROSS
The number of dwelling units in relation to the area of land
of a parcel in use or proposed to be used for residential purposes,
including all public rights-of-way and private street rights-of-way.
DENSITY, NET
The number of dwelling units in relation to the area of land
of a parcel in use or proposed to be used for residential purposes,
exclusive of public rights-of-way and private street rights-of-way.
DESIGN SPEED
The design speed for streets designed in accordance with
this chapter shall equal the proposed posted speed plus five miles
per hour.
DESIGN STORM
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., ten-year storm) and duration (e.g.,
24 hours), and used in computing stormwater management control systems.
DETENTION BASIN
A vegetated basin designed to drain completely after storing
runoff only for a given storm event and release it at a predetermined
rate. Also known as a dry pond.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development; a subdivider.
DEVELOPMENT
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space, and public facilities. The phrase "provisions of
the development plan" shall mean written and graphic materials referred
to in this definition.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer, or other structure
designed, intended or constructed for the purpose of carrying surface
waters off of streets, public rights-of-way, parks, recreational areas,
or any part of any subdivision or contiguous land areas.
DRIVEWAY
A private drive providing access between a public or private
street or access drive and a parking area for a single unit of occupancy
or a farm, which shall comply in all respects with the Zoning Ordinance, the Streets and Sidewalks Ordinance, and any other ordinance regulating the placement and/or
construction of driveways which may be enacted by Council.
DRIVEWAY, SHARED
A private drive providing access between a public or private
street or access drive and parking areas for two units of occupancy;
which shall comply in all respects with the Zoning Ordinance, the
Streets and Sidewalks Ordinance, and any other ordinance regulating
the placement and/or construction of driveways which may be enacted
by Council.
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitation
facilities.
EASEMENT
A limited right of use granted in private land for a public
or quasi-public purpose.
EASEMENT OF ACCESS
Any driveway or other entrance from a public or private road
providing access to agriculturally used fields across the lands of
others. Access provided to any residential, commercial or industrial
structure is not considered an easement of access.
ECHO HOUSING
An additional dwelling unit placed on a property for occupancy
by either an elderly, handicapped, or disabled person related by blood,
marriage, or adoption, to the occupants of the principal dwelling.
ENERGY DISSIPATOR
A device used to slow the velocity of stormwater at points
of concentrated discharge associated with pipe outlets and similar
conditions.
ENGINEER
A professional engineer licensed in the Commonwealth of Pennsylvania.
EPHEMERAL STREAM
A water conveyance which lacks substrates associated with
flowing waters and flows only in direct response to precipitation
in the immediate watershed or in response to melting snowpack and
which is always above the local water table.
EROSION
The removal of soil particles by the action of water, wind,
ice, or other geological agents.
FARM
Any parcel of land with 10 or more acres which is used for
gain in the raising of agricultural products, livestock, poultry or
dairy products, including necessary farm structures and the storage
of equipment customarily incidental to the primary use.
FINANCIAL SECURITY
A letter of credit or other form of guarantee in accordance
with the requirements of Article V of the Municipalities Planning
Code posted by a developer to secure the completion of improvements
indicated on an approved plan.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to
the unusual and rapid accumulation of runoff of surface waters from
any source.
FLOOR AREA
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use.
FRONTAGE
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
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.
GRADE
The slope expressed in a percent that indicates the rate
of change of elevation in feet per hundred linear feet.
GRASSED WATERWAY
A man-made drainage way of parabolic or trapezoidal cross-section
shaped to required dimensions and vegetated for safe disposal of runoff.
Also known as a swale.
GREENWAY
An open space corridor that links urban, suburban, and rural
communities to natural and scenic areas with a network of connected
trails, walkways, and natural preservation areas.
GUTTER
That portion of a right-of-way carrying surface drainage.
HARDSHIP
A condition, not economic in nature and not caused by the
applicant or developer, for which a modification may be requested.
HISTORIC FEATURE
A.
A structure or archeological resource that has been listed on
or determined eligible for listing on the National Register of Historic
Places (NRHP);
B.
A structure that is a National Historic Landmark (NHL) or National
Engineering Landmark (NEL); and/or
C.
A structure considered to have potential historic significance
by the Historic Preservation Trust of Lancaster County and/or the
Pennsylvania Historical and Museum Commission.
HOMEOWNERS' ASSOCIATION
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.
IMPROVEMENTS
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, stormwater management facilities, grading, street
signs, plantings, and other items for the welfare of the property
owners and the public.
INDIVIDUAL ON-LOT SEWAGE SYSTEM
A system of piping, tanks, or other facilities located on
and serving a single lot and collecting and disposing of sewage, in
whole or in part, into the soil or into any waters of the Commonwealth
of Pennsylvania or by means of conveyance to another site for final
disposition.
INTERIOR DRIVE
Any on-site vehicular movement lane(s) that are associated
with a use other than a single-family dwelling.
INTERMITTENT STREAM
A body of water flowing in a channel or bed composed primarily
of substrates associated with flowing water, which, during periods
of the year, is below the local water table and obtains its flow from
both surface runoff and groundwater discharges.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
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; or
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; or
D.
"Land development" shall not include the following:
(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 a condominium;
(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 that would be considered an amusement park.
(a)
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.
(4)
A building addition to an existing nonresidential principal
structure, provided that:
(a)
The addition does not create a need for substantial additional
parking, per the Borough Zoning Ordinance.
(b)
The addition does not, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537 of 1966, as amended, create the need for a
sewage facility's plan revision (plan revision module for land
development), or supplement.
(c)
The addition is not for the creation of additional units of
occupancy.
(d)
The addition complies with all provisions of applicable Borough
ordinances.
(e)
For the purposes of this subsection, the building addition exemption
shall be limited cumulatively from the date of this chapter. The net
addition shall be the sum of all additions after the date of the adoption
of this chapter.
LAND DISTURBANCE
Any activity involving grading, tilling, digging, or filling
of ground; stripping of vegetation; or any other activity which causes
land to be exposed to the danger of erosion.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an 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 rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPE ARCHITECT
A professional landscape architect licensed as such in the
Commonwealth of Pennsylvania.
LANDSCAPING
Landscaping shall include, but not be limited to, grass and
other plantings such as trees, shrubs, and bushes, and may also include
mulch and/or decorative stone.
LATERAL
Conduits connecting individual buildings to utility services
that are generally located within the street.
LINEAMENT
A fracture on the order of tens of kilometers long usually
extending to the basement below sedimentary rock.
LOCATION MAP
A map showing the site with relation to adjoining areas.
LOT
A parcel of land separately described by a metes and bounds
description which is recorded in the Office of the Recorder of Deeds
of Lancaster County by deed description or is described by an approved
subdivision plan recorded in the Office of the Recorder of Deeds of
Lancaster County. A "lot" shall include one or more contiguous pieces,
parcels, or plots of land of record, all under the same ownership.
LOT AREA
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, not including any
area within a street right-of-way but including the area of any easements.
LOT COVERAGE
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
LOT WIDTH
The width of a lot measured at the street right-of-way line
or the building setback line. For a flag lot, the lot width shall
be measured at the flag. On corner lots, lot width shall be measured
between the right-of-way line for the non-address street and the directly
opposite property line.
LOT, FLAG
A lot whose frontage does not satisfy the minimum width requirements
for the respective zone, but that does have sufficient lot width away
from the lot's frontage.
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing or transportation, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved which contains two or more mobile home lots
for the placement thereon of mobile homes.
MODIFICATION
The granting of an exception to these regulations which in
the opinion of Council will not be detrimental to the general welfare,
impair the intent of those regulations, or conflict with the Comprehensive
Plan.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted.
NATURAL RESOURCE AREA
An area containing a unique, fragile or environmentally sensitive
natural resource including exceptional native plant communities including
wetlands and mature forests; threatened or endangered species; or
outstanding geological features.
NATURAL WATERCOURSE
An existing watercourse or channel which is not man-made
and contains a definite bed and banks which confine and conduct continuously
or periodically flowing water.
NONRESIDENTIAL
Any use other than single or multifamily dwellings. An institutional
use in which persons may reside, such as a dormitory, prison, nursing
home, or hospital, shall be considered a nonresidential use.
NWI
National Wetland Inventory.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area:
A.
Which may impede, retard, or change the direction of the flow
of water either in itself or by catching or collecting debris carried
by such water; or
B.
Which is placed where the flow of the water might carry the
same downstream to the damage of life and property.
ON-SITE STORMWATER MANAGEMENT
The control of runoff to allow water falling on a given site
to be absorbed or retained on-site to the extent that after development,
the peak rate of discharge is controlled in accordance with the requirements
of the Mountville Borough Stormwater Management Ordinance.
ON-SITE WATER SERVICE
The provision of a safe, adequate and healthful supply of
water to a single principal use from a private well.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
A space unoccupied by buildings or paved surface and open
to the sky on the same lot with the building.
OPEN SPACE, COMMON
A parcel or parcels of land, an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities,
designed according to this chapter and the Borough Zoning Ordinance.
OWNER
The owner of record of a parcel of land.
PARKING AREA
An area on a lot utilized for the parking of vehicles for
a single unit of occupancy, a farm or two vehicles within a land development.
PARKING LOT
An area on a lot containing any use other than an agricultural
use or one single-family detached dwelling for the parking of four
or more vehicles.
PARKING SPACE
An off-street space available for the parking of a vehicle,
having unobstructed, usable access to a street or alley, and provided
according to the requirements of the Borough Zoning Ordinance.
PEAK DISCHARGE
The maximum rate of flow of water at a given point and time
resulting from a specified storm event.
PEDESTRIAN
A person who is walking along a street/road.
PLAN
The map or plan of a subdivision or land development, as
follows:
A.
FINAL PLANA complete and exact subdivision and/or land development plan, prepared in accordance with and including all supplementary data specified in Part
4 of this chapter.
B.
LOT ADD-ON PLANA complete and exact subdivision plan strictly for the conveyance of land for the sole purpose of increasing the size of an existing contiguous tract or lot prepared in accordance with and including all supplementary data specified in Part
4 of this chapter.
C.
MINOR SUBDIVISIONA complete and exact subdivision plan involving four lots or fewer with no provisions for a new street or a land development for one nonresidential building not exceeding 10,000 square feet or an addition to a nonresidential building not exceeding 5,000 square feet prepared in accordance with and including all supplementary data specified in Part
4 of this chapter.
D.
PRELIMINARY PLANA subdivision and/or land development plan prepared in accordance with and including all required supplementary data specified in Part
4 of this chapter, showing approximate locations of proposed lots, streets or buildings.
E.
RECORD PLANA final plan which contains the original endorsement of the local municipality and the Planning Commission which is intended to be, or has been, recorded with the Lancaster County Recorder of Deeds.
F.
REVISED FINAL PLANAny subdivision or land development plan that changes or proposes to change property lines and/or public rights-of-way not in strict accordance with an approved plan. Any replatting, revision, or resubdivision of recorded plans or any replatting, revision, or resubdivision of any approved final plan which has not been recorded, excluding lot grading plans in subdivisions.
G.
SEPARATION SUBDIVISIONA complete and exact subdivision plan used to divide one lot into two lots along a common municipal boundary, street centerline or the centerline of a waterway prepared in accordance with and including all supplementary data specified in Part
4 of this chapter.
H.
SKETCH 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 prepared in accordance with Part
4 of this chapter.
PLANNING MODULE FOR LAND DEVELOPMENT
A revision to the Borough's Official 537 Plan submitted
in connection with the request for approval of a subdivision or land
development in accordance with DEP regulations.
PNDI
The Pennsylvania Natural Diversity Inventory, a database
on ecological and other natural resources that is used in permitting
decisions.
PROJECT SITE
An area of land subject to land disturbance or development
and within the jurisdiction of this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act, and subsequent
amendments.
PUBLIC SEWER
A municipal sanitary sewer of a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
PUBLIC UTILITIES
Use or extension thereof which is operated, owned or maintained
by a public utility corporation, municipality or municipal authority
or which is privately owned and approved by the Pennsylvania Public
Utility Commission for the purpose of providing public sewage disposal
and/or treatment; public water supply, storage and/or treatment; or
for the purpose of providing the transmission of energy or telephone
service.
PUBLIC WATER
A municipal water supply system, or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
QUADRANT
A circular or square plot of a given area used to determine
the dominant plant species within a site.
RECORD DRAWINGS
Set of prints of the original facilities showing those changes
made during the construction process.
REGULATED ACTIVITY
An action or proposed action that has an impact upon stormwater
runoff and which is specified in the Mountville Borough Stormwater
Management Ordinance.
REPLACEMENT LOCATION
A location designated as the future location of an individual
on-lot sewage system that shall be installed should the initial individual
on-lot system installed or to be installed fail or otherwise become
inoperable and which shall meet all the regulations of DEP and all
applicable Borough ordinances for an individual on-lot sewage system.
RETENTION POND
A pond containing a permanent pool of water and designed
to store runoff for a given storm event and release it at a predetermined
rate. Also known as a wet pond.
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
A corridor of publicly owned or eased land for purposes of
maintaining primary vehicular and pedestrian access to abutting properties,
including, but not limited to, roads, streets, highways and sidewalks.
Abutting property owners are prohibited from encroaching across the
right-of-way line.
SEDIMENT BASIN
A temporary dam or barrier constructed across a waterway
or at other suitable locations to intercept the runoff and to trap
and retain the sediment.
SETBACK
The required horizontal distance between a setback line and
a property or street right-of-way line.
SIDEWALK
A paved walk for pedestrians typically located adjacent to
streets/roads.
SIGHT DISTANCE
The length of road visible to the driver of a passenger vehicle
at any given point in the road when viewing is unobstructed by traffic.
STORM SEWER
A system of pipes, conduits, swales, or other similar structures
including appurtenances which carries intercepted runoff, and other
drainage, but excludes domestic sewage and industrial wastes.
STORMWATER
Drainage runoff from the surface of the land resulting from
precipitation or snow melt or ice melt.
STORMWATER MANAGEMENT
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a development while
promoting the protection and conservation of groundwater and groundwater
recharge.
STREET
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian 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 and pedestrians whether public or private. Streets
within the Borough shall be classified in accordance with the Zoning
Ordinance and are defined as follows:
A.
ALLEYA minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.
B.
ARTERIAL STREETA street or road that is used primarily for fast or heavy traffic including all roads classified as main and secondary highways by the Department of Transportation.
C.
COLLECTOR STREETA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments.
D.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
E.
LOCAL STREETA street which is used primarily for access to the abutting properties.
F.
PRIVATE STREETA street which is constructed in accordance with the applicable provisions of this chapter which is not owned by a public entity. Mountville Borough shall not be responsible for any type of maintenance or snow removal on any private street.
STREET CENTERLINE
The horizontal line paralleling the street that bisects the
street right-of-way into two equal widths. In those instances where
the street right-of-way cannot be determined, the street centerline
shall correspond to the center of the cartway.
STREET LINE
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence or
proposed.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
shall not include such things as fences, sandboxes, decorative fountains,
swing sets, birdhouses, mailboxes, and any similar nonpermanent improvements.
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.
SURVEYOR
A professional land surveyor licensed in the Commonwealth
of Pennsylvania.
TRACT, PARENT
All contiguous land owned by the same landowner on September
19, 1990, which is or was contiguous except for the presence of public
or private roads and/or the presence of lots or parcels adversed from
the original parent tract since September 19, 1990.
TRACT, SUBJECT
Any portion or portions of the parent tract, area, lot, parcel,
project, property, site, or any piece of land that is the subject
of an application under the jurisdiction of this chapter.
TRANSECT
A line along which quadrants are placed at intervals.
TRAVEL TRAILER
A portable structure, primarily designed to provide temporary
living quarters for recreation, camping, or travel purposes. In addition
to the above, any one of the following attributes are characteristic
of a travel trailer:
A.
The unit is of such size or weight as not to require a special
highway movement permit from the Pennsylvania Department of Transportation
when self-propelled, or when hauled by a standard motor vehicle on
a highway;
B.
The unit is mounted or designed to be mounted on wheels;
C.
The unit is designed to be loaded onto, or affixed to, the bed
and/or chassis of a truck;
D.
The unit contains, or was designed to contain, temporary storage
of water and sewer; or
E.
The unit contains some identification by the manufacturer as
a travel trailer.
UNDEVELOPED LAND
Land in parcels, which is of sufficient size that could allow
for the future subdivision and/or development in accordance with the
terms of the Zoning Ordinance and the Subdivision and Land Development Ordinance.
UNIT OF OCCUPANCY
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:
A.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family, and having two side yards.
B.
SINGLE-FAMILY SEMIDETACHEDTwo dwelling units accommodating two families which are attached side by side through the use of a party wall, and having one side yard adjacent to each dwelling unit. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.
C.
MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units.
D.
TOWNHOUSEThree or more dwelling units accommodating three or more families which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit. Each dwelling unit is generally two stories in height, but may conceivably be either one or three stories in height.
URBAN GROWTH AREA (UGA)
Areas designated within Mountville Borough (the entirety
of the Borough is within the UGA) as appropriate for higher-density
development supported by a full range of public infrastructure and
services including public sewer and water with the capacity to meet
future land use needs over a twenty-five-year period without constraining
the development market. The Urban Growth Areas identify areas appropriate
for urban growth apart from those areas intended for agricultural,
rural and resource uses. The Urban Growth Areas are given official
standing by their incorporation on the Future Land Use Maps and adoption
in the Lancaster County and the "Growing Together" Comprehensive Plans.
WASTEWATER TREATMENT FACILITY
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water carried wastes from residences, commercial buildings,
industrial plants, and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks or subsurface
disposal systems).
WATER SUPPLY FACILITY
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of potable water from a centralized water supply or source to residences,
commercial buildings, industrial plants, or institutions (not including
individual on-lot wells).
WATERCOURSE
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
WATERSHED
All the land from which water drains into a particular watercourse.
WETLANDS
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil condition and as per
the current federal and state manual(s) for identifying and delineating
jurisdictional wetlands. Wetlands include, but are not limited to,
swamps, bogs, marshes, and wet meadows.
WOODED AREA
Any area or stands of trees, the majority of which are greater
than six inches in caliper at grade and covering an area greater than
1/4 acre, or any stand or grove of mature trees without regard to
minimum area.
YARD
An area between the permitted structures and the property
lines.
ZONING ORDINANCE
The Mountville Borough Zoning Ordinance, as enacted by Council
and as may be amended from time to time.