Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meaning indicated below.
In this chapter, the following rules of interpretation shall
be used:
A.
Words used in the singular imply the plural, and words used in the
plural imply the singular.
B.
The male includes the female and neuter genders.
C.
The word "person" indicates a corporation, an unincorporated association,
a partnership, an estate or any other legally recognized entity, as
well as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "buildings" includes "structures" and shall be construed
as if followed by the words "or a part thereof."
F.
The word "watercourse" includes "drain," "ditch," and "stream."
G.
The word "may" is directory; the words "shall" and "will" are mandatory.
H.
Words in the present tense may imply the future tense.
Other terms or words used herein shall be interpreted or defined
as follows:
Annual average daily traffic count. Computed by application
of a day-of-the-week-by-month factor to an average twenty-four-hour
traffic count. Such information is available in the latest volume
of the Pennsylvania Department of Transportation Traffic Data Collection
and Factor Development Report.
An improved cartway designed and constructed to provide for
vehicular movement between a public street and a lot containing any
use other than one single-family detached dwelling or a farm.
Land used exclusively for the cultivation of the soil, the
production of crops or livestock, or the science of forestry; also,
land diverted from agricultural use by an active federal farm program,
provided that the diverted land has a conservation cover of grass,
legume, trees, or wildlife shrubs. Agricultural land may include,
to a minor degree, farmsteads inhabited by the cultivator of the land
housing for farm employees and land used for preparation of agricultural
products by the cultivator of the land.
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of lots. A service road that
provides secondary means of access to lots. No parking shall be permitted,
and alleys should be designed to discourage through traffic. The number
of units served should not exceed 76. Alleys may be designed as one-lane
streets.
Soils formed from material such as gravel, sand, or silt
deposited by a stream of water and showing little or no modification
of the original materials by soil-forming processes. These soils may
be identified by the Soil Survey of Lancaster County, Pennsylvania,
or through an on-site analysis.
A landowner and/or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application to
the municipality for approval to engage in any regulated activity
at a development site located within the municipality.
Every application, whether preliminary, tentative 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 plat or plan, or for the
approval of a development plan.
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, no. 164), known as the "Municipality Authorities
Act of 1945."[1]
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads, and/or watercourses.
Any structure, either temporary or permanent, having walls
and a roof or other covering, and designed or used for the shelter
or enclosure of any person, animal, or property of any kind, including
tents, awnings, or vehicles situated on private property and used
for purposes stated above. Included shall be all manufactured homes
and trailers.
BUILDING, ACCESSORYA building whose use is customarily incidental and subordinate to the principal building and located on the same lot with this principal building.
BUILDING, PRINCIPALA building containing the principal use within a lot.
The setback line delineating the required minimum distance
between a building and the adjacent lot and street lines. A line within
a lot, designated on a plan as the minimum required distance between
any structure and the adjacent street center line or right-of-way
line as specified by any applicable zoning ordinance.
The maximum number of vehicles that can be expected to pass
over a given section of roadway or on a specific lane.
The portion of a street, alley, access drive, or driveway
that is intended for vehicular movement.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center lines.
The East Petersburg Borough Planning Commission.
A utility operated by a municipality or a company, regulated
by the Public Utility Commission, which supplies potable, domestic
water for use by more than one household, business, or institution.
The most recently adopted version of the Official Comprehensive
Plan, East Petersburg Borough, Lancaster County, Pennsylvania, including
any amendments.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space, together with an undivided
interest in the land or other parts of the structure in common with
other owners.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon the use of a property placed in a deed.
The number of dwelling units permitted in relation to the
land actually in use or proposed to be used for residential purposes,
exclusive of public and private streets.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a controlled
rate.
A person who undertakes any regulated activity of this chapter.
Any landowner, agent of such landowner, equitable owner, or tenant,
with the permission of the landowner, for whom subdivision or land
development plans are being or have been made.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
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," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A lot with front and rear street frontage.
Rights to occupy and use another person's real property
for the installation and operation of stormwater management facilities,
or for the maintenance of natural drainageways to reserve and maintain
a channel for the flow of stormwater, therein, or to safeguard health,
safety, property, and facilities.
An improved cartway designed and constructed to provide vehicular
movement between a street and a lot serving one single-family detached
dwelling or a farm.
A right-of-way granted for limited use of property by the
landowner 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.
The horizontal alignment of a surface, as it exists or as
it is made by cut and/or fill.
FLOOR ELEVATIONThe elevation of the lowest level of a particular building, including the basement.
ROAD GRADEThe rate of rise and fall of a road surface, measured along the profile of the center line of the cartway.
A professional engineer registered by the Commonwealth of
Pennsylvania.
A way cleared of obstacles and vegetation at all times so
as to allow ingress and egress for vehicles during a fire emergency.
A lot whose frontage does not satisfy the minimum lot width
requirements for the respective zone but has sufficient lot width
away from the frontage of the lot.
A narrow extension of property on a lot or parcel from the
buildable area of a lot to the public right-of-way and which is not
part of the lot area but serves as access to the lot or parcel.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable Department of Housing and
Urban Development, Federal Insurance Administration, Flood Hazard
Boundary Map as being a special flood hazard area. Also, the area
of inundation that functions as a storage or holding area for floodwater
to a width required to contain a base flood of which there is a one-percent
chance of occurrence in any given year. The floodplain contains both
the floodway and the flood-fringe.
A right-of-way reserved for the future improvement of a street.
A street of less than the required right-of-way and/or cartway
width, such as a street built from the shoulder edge to the eventual
center line. See also "street."
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminary
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register; or
Certified or preliminary determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminary determined by the Secretary
to qualify as a registered historic district; or
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The anticipated opening year of a development, assuming full
buildout and occupancy.
The procedures, specified in Article V, by which a developer assures the construction of improvements required by this chapter.
Physical changes to the land, including but not limited to
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, street signs, monuments, water
supply facilities, and sewage disposal facilities.
An area which contains 80% or more of the trips that will
be attracted to a development site.
The development of property as specified below:
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" shall not include:
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;
The addition of an accessory building on a lot or lots subordinate
to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
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.
The legal, beneficial, equitable 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 conditions), 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
shall be deemed to be a landowner for the purposes of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
A utility line between a main line, located in a utility
easement or street right-of-way, and the building which the line serves.
A measure of the effect of traffic on the capacity of a road.
A designated parcel, tract, or area of land established by
a plat or otherwise permitted by law and to be used, developed, or
built upon as a unit.
See "lot add-on plan" under "plan."
The area contained within the lot lines of an individual
lot, excluding any area within a street right-of-way, but including
the area of any easement.
The average distance between the street right-of-way and
the rear lot line, measured perpendicular or radial to the right-of-way.
That side of a lot abutting on the street right-of-way and
regarded as the front of the lot.
A metal plate or pin used to identify lot line intersections.
The horizontal distance measured between side lot lines.
On corner lots, lot width shall be measured between the street line
for the no-address street and the directly opposite lot line. Unless
specifically noted otherwise, lot width shall be measured at the building
setback line paralleling the street line.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, and recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
That part of a manufactured home lot which is being reserved
for the placement of a manufactured home.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their difference, culminating in a written agreement
which the parties themselves created and consider acceptable.
See "manufactured home."
See "manufactured home park."
A concrete or stone monument used to identify street line
intersections.
The East Petersburg Borough body with the final decision-making,
budgeting, and appointing authority of a general purpose unit of government.
The Borough of East Petersburg, Lancaster County, Pennsylvania.
Vehicle trips passing within the study area as defined in
the traffic impact study that do not enter or exit the site and are
generally the result of through traffic and traffic generated by other
developments.
An ordinance adopted and amended from time to time pursuant to Article IV of the Pennsylvania Municipalities Planning Code by a municipal governing body as appropriate containing a drawing or drawings that show the precise location of future road rights-of-way or lands to be publicly acquired either through purchase or dedication and which is used to facilitate the proper placement of structures in relation to future property lines.
The East Petersburg Borough Subdivision and Land Development
Ordinance and as subsequently amended.
See "lot."
See "shared trips."
The hour during which the heaviest volume of traffic occurs
on a road.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
Any financial security which may be accepted in lieu of certain
improvements being made prior to final plan approval, pursuant to
Section 509 of the Pennsylvania Municipalities Planning Code.[2]
A drawing, together with supplementary data, that describes
property.
CENTER-LINE SEPARATION PLANA complete and exact subdivision plan which creates two lots by using a street center line as the common boundary and which meets the criteria specified in § 110-305 of this chapter.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in § 110-403 of this chapter.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in § 110-404 of this chapter, the sole purpose of which is to increase the lot area of an existing lot or tract.
SMALL STORMWATER PROJECTA complete and exact stormwater plan including all supplementary data specified in the East Petersburg Borough Stormwater Management Ordinance[3] that meets the specifications for a small project.
RECORD PLANA final plan which contains the original endorsement of the municipality, which is intended to be recorded with the Lancaster County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating prominent existing features of a tract and its surroundings, with the general layout of the proposal prepared in accordance with § 110-401 of this chapter.
The Planning Commission of East Petersburg Borough, Lancaster
County, Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
A person or persons who provide expert or professional advice,
including, but not limited to, architects, attorneys, certified public
accountants, engineers, geologists, land surveyors, landscape architects
or planners.
Include:
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in contested
cases or prior to amending this chapter.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, no. 84), known as the "Sunshine Act," as amended.[4]
Activities, including earth disturbance activities that involve
the alteration or development of land in a manner that may affect
stormwater runoff. Regulated activities shall include, but not be
limited to:
Land development subject to the requirements of the applicable
Subdivision and Land Development Ordinance;
Removal of ground cover, grading, filling or excavation;
Construction of new or additional impervious or semi-impervious
surfaces (driveways, parking lots, etc.) and associated improvements;
Construction of new buildings or additions to existing buildings;
Installation or alteration of stormwater management facilities
and appurtenances thereto;
Diversion or piping of any watercourse; and
Any other regulated activities where the municipality determines
that said activities may affect any existing watercourse's stormwater
management facilities or stormwater drainage patterns.
A stormwater management facility that includes a permanent
pool for water quality treatment and additional capacity above the
permanent pool for temporary runoff storage.
A lot with front and rear street frontage, where vehicular
access is prohibited to and from the higher-intensity street.
A corridor of publicly owned or leased land for purposes
of maintaining primary vehicular and pedestrian access to abutting
lots, including but not limited to streets and sidewalks.
Any part of precipitation that flows over the land surface.
The action or process of forming or depositing sediment in
waters of the commonwealth.
See "street," "alley," or "service street."[5]
See "building setback line."
Vehicle trips entering and exiting the site which were using
the facility on the adjacent streets and therefore did not generate
new trips on the road.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
The existing lot of record proposed for land development,
including subdivision.
The most recent edition of the Soil Survey of Lancaster County,
Pennsylvania, published by the U.S. Department of Agriculture, Soil
Conservation Service.[6]
The plan information, designed in accordance with § 110-607 of this chapter, which identifies design and construction details for managing the quantity and quality of stormwater runoff.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses,
and floodplains) used to implement a stormwater management program.
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way,
or private right-of-way, used or intended to be used by vehicular
traffic and/or pedestrians but not including alleys or service streets.
Streets shall conform to one of the following categories:
PRINCIPAL ARTERIALAn interregional road in the street hierarchy system which carries vehicle traffic to and from the region as well as any through traffic. This street may be a controlled access street.
MINOR ARTERIALThe minor arterial street system interconnects with the principal arterial system. It provides connections between boroughs, larger villages, major resort areas and other traffic generators which develop substantial volumes of traffic.
COLLECTORThis classification includes streets that provide connections with local access and arterial streets. They may serve a traffic corridor connecting villages, small boroughs, shopping points, mining and agricultural areas on an intracounty or municipal basis.
LOCAL ACCESSThis classification provides direct access to adjacent land and includes connections to farms, individual residences and commercial properties and to higher classes of highway systems.
RURAL RESIDENTIAL STREETA street serving a very low-density area (minimum two-acre zoning). The maximum AADT level limits the number of single-family homes on this road to 20. A rural residential street shall be designed as a two-lane street.
CUL-DE-SACA dead-end street equipped with a circular vehicle turnaround at its terminus.
MARGINAL ACCESS STREETA service street that runs parallel to a higher-order street and provides access to abutting properties and separation from through traffic. A marginal access street may be designed as local access street or collector according to anticipated daily traffic.
DIVIDED STREETA street in which the traffic directions are physically separated.
STUB STREETA short dead-end street which is a portion of a street which has been approved in its entirety. Stub streets may extend to a property line to permit connection of streets in adjoining subdivisions.
The right-of-way line of any given street.
A street not accepted for dedication by East Petersburg Borough.
Anything constructed or erected on the ground or attached to
the ground, including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds).
STRUCTURE, PRINCIPALA structure associated with a principal use.
Structures shall not include such things as fences, sandboxes,
decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes,
and any other similar nonpermanent improvements.
The division or redivision of a single lot, tract, or parcel
of land by any means into two or more lots, tracts, parcels, or other
division 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 devises, transfer of ownership, or building,
or lot development or as defined in the MPC,[7] 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 exempt.
The site proposed for land development, including subdivision.
Where, in the judgment of East Petersburg Borough, at least
90% (based on 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.
A plan showing all present and proposed grades and facilities
for stormwater drains.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
A low-lying stretch of land which gathers or carries surface
water runoff.
See "lot."
A single or one-directional vehicle movement.
A portion of a tract of land which due to physical or environmental
conditions cannot support or is inappropriate for construction of
a road, structure, or any other man-made improvement. Examples include
wetlands, sinkholes, landslides, endangered species habitats, and
hazardous waste dumps.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
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.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of Pennsylvania.
All the land from which water drains into a particular watercourse.
Area with the characteristics of wetland, as defined by the
U.S. Environmental Protection Agency, U.S. Army Corps of Engineers,
Pennsylvania Department of Environmental Protection and the U.S. Soil
Conservation Service.[8] Wetland areas are not limited to the locations delineated
on wetland maps prepared by the U.S. Fish and Wildlife Service.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 5601
et seq.
[2]
Editor's Note: See 53 P.S. § 10509.
[4]
Editor's Note: See now 65 Pa.C.S.A. § 701 et
seq.
[5]
Editor's Note: So in original.
[6]
Editor's Note: Now the Natural Resources Conservation
Service (NRCS).
[7]
Editor's Note: The Municipalities Planning Code; see
53 P.S. § 10101 et seq.
[8]
Editor's Note: See now the Natural Resources Conservation
Service.
