[Ord. 899-8, 9/13/1989]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings given herein.
[Ord. 899-8, 9/13/1989]
1.
Words used in the present tense imply also the future tense.
2.
Words used in the singular imply also the plural.
3.
The words "person," "subdivider," "landowner," "developer," and "applicant" include a partnership, a corporation, and an incorporated association of persons such as a club.
4.
The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.
5.
The word "herein" means "in these regulations."
6.
The word "regulations" means "these regulations."
7.
A "building" includes a "structure"; a "building or structure" includes any part thereof; "used or occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
[Ord. 899-8, 9/13/1989; as amended by Ord. 939-9, 9/8/1993; and by Ord. 9711-6, 11/12/1997, § 185-6]
As used in this chapter, the following terms shall have the meanings indicated:
A paved surface, other than a street, which provides vehicular access from a street or a private road to a lot.
Any person, other than the subdivider, who, acting for the subdivider, submits to the Planning Commission and Borough Council subdivision or land development plans for the purpose of obtaining approval thereof.
A landowner, lessee, or his authorized agent, as hereinafter defined, who has filed an application for the purpose of obtaining approval thereof.
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 plat or plan or for the approval of a land development plan.
The Red Lion Borough Council.
A layer or layers of specified or selected material of planned thickness placed and compacted on a subbase to support a surface course.
A story partly underground but having half or more of its height above the average level of the adjoining ground.
A mark on a permanent object indicating elevation and serving as a reference in land surveys.
An area bounded but not traversed by streets or other physical barriers on all sides.
Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Borough Council.
The Red Lion Borough Council.
A reinforced concrete drainage structure of rectangular cross section.
The total area taken on a horizontal plane at the mean level of the ground surrounding the principal building and all accessory buildings.
The portion of a lot which is proposed to be covered by buildings.
A proposed schedule of all future projects listed in order of construction priority, together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds over and above the annual local government's operating expenses for the purchase, construction or replacement of the physical assets for the community are included.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
The bed where a stream of water flows.
A man-made reservoir or tank used for storing rainwater.
An area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a given distance from the intersection of the center lines. Specific distances vary with road function.
The Red Lion Borough Planning Commission.
A central system which serves all dwelling units in a given area and is not publicly owned.
The plan or parts thereof which have been adopted by the Red Lion Borough Council, showing its recommendations for such systems as parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation highways, civic centers, and other public improvements which affect the development of the Borough.
The act of preventing waste or unnecessary use of a commodity or natural resource.
The maps or drawings accompanying a land development or subdivision plat showing the specific location and design of improvements to be installed in the development or subdivision in accordance with the requirements of the Planning Commission and/or Borough Council as a condition of the approval of the plan.
A line on a topographical map connecting points at like elevation.
A lot at the junction of and fronting on two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if a lot is a corner lot (see Diagram[1]).
The amount which 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 cannot complete such improvements within the time set forth in the subdivision or land development plan or otherwise agreed upon, the Borough Engineer's 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.
York County, Pennsylvania.
A restriction placed on a deed and on subdivision or land development plans stipulating certain requirements the deed holder must meet or preventing him from using the property for certain purposes.
A profile of the existing ground at right angles to the center line.
A right-of-way, municipally or privately owned, at least 10 feet wide, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
The height of the center of a roadway surface above its edge.
A constructed passageway or conduit to carry rainwater underground.
The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
A line formed by the fact of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located.
To lower the level of the surface of the existing grade; or the vertical distance from the existing ground surface to the planned grade line at a given point.
The allocation by a landowner of a certain land area for public use or common use, such as for a street, park or parking lot.
A legal document conveying or indicating ownership of real property.
Covenants or other provisions attached to deeds specifying such restraints as the type of structure that can be constructed on a lot, building lines, minimum construction cost, etc.
The number of dwelling units per acre.
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. (The same as "subdivider.")
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling, operations and the subdivision of land.
A lot extending between and having frontage on two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if a lot is a double frontage lot (see Diagram[2]).
Permanent or limited right-of-use which substantially conforms to the existing alignment of a watercourse, stream, channel, or other drainageway.
Any ditch, gutter, pipe, culvert, storm sewer, or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas, or any part of any subdivision or contiguous land areas.
A system of drain pipes, conduits, or tiles installed below earth surface to remove surface or subsurface water or sewage.
A minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
The narrowest width of a driveway measured perpendicular to the center line of the driveway.
A limited right of use granted on private land for public use by another party or parties.
The right to leave a tract of land. This term is used interchangeably with "access."
A vertical distance to a point above or below a known datum line.
An authorized extension of a structure or part of it upon land owned by someone other than the owner of said structure.
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
The wearing away of earth or rock by the elements.
A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
Embankment of earth or broken rock.
The top surface elevation of lawns, walks, drives, or other improved surface after completion of construction or grading operations.
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar, basement and attic floor areas not devoted to the residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
The horizontal or curvilinear distance along the street line upon which a lot abuts.
The Borough Council of Red Lion Borough.
The slope, or rate of increase or decrease in elevation, of a surface, road or pipe, usually expressed in percent or in inches of rise or fall per horizontal linear foot.
All construction operations between site clearing and paving. Grading includes all excavating, hauling, spreading, and compacting operations.
That portion of a right-of-way carrying surface drainage.
A condition not caused by the subdivider for which he may request a modification.
Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs, and plantings and other items for the welfare of the property owners and the public.
The right to enter a tract of land; often used interchangeably with "access."
Any of the following activities:
The improvement of one lot or two 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.
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.
The following activities are excluded from the definition of land development only when such land development involves:
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, including farm buildings, on a lot or lots subordinate to an existing principal building.
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 definition, 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.
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.
A grant of the use of lands or property for a specified period of time in consideration of the payment of a fee for such use, usually in monthly or annual rental.
A map showing the site with relation to adjoining areas.
A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit; land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building on such land.
The area contained within the property lines of an individual lot, excluding any area within a street right-of-way whether existing or future, but including the area of any easement.
The portion of a lot which is covered by buildings.
The mean horizontal distance of a lot from the front street line to its rear lot line.
Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
The lines bounding a lot as described in the recorded title; also referred to as "property lines."
The required distance between the side property lines measured along the required building setback line.
A land subdivision involving 11 or more lots.
A description of land by courses and distances.
A land subdivision involving 10 lots or fewer.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it can be used without a permanent foundation.
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.
That part of an individual mobile home lot which has been rendered for the placement of a mobile home and appurtenant structures and connections.
A parcel of land, under single ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
The granting of an exception to these regulations which, in the opinion of the Borough, will not be detrimental to the general welfare, nullify the objectives of these regulations or conflict with the Comprehensive Plan.
Red Lion Borough.
Something located outside a property line.
Parking spaces located on private property which have direct usable access to a street.
A map adopted by ordinance pursuant to Article IV of the Municipalities Planning Code. (See 53 P.S. § 10401 et seq.)
A septic tank, drainfield or any other approved sewage treatment device located on the same lot as the building that such device serves.
Something located or occurring within a property line.
The owner of record of a lot or parcel of land.
A unit of land which meets all of the following criteria:
A geographically delineated area, usually but not necessarily owned and maintained by a governing body, intended to serve the recreational or leisure-time needs of a certain population.
A wall, used jointly by two parties under easement agreement, erected upon a line separating two parcels of land, each of which is a separate real estate entity.
Any security in an amount and form satisfactory to the Borough Council which may be accepted in lieu of a requirement that certain improvements be made prior to final plan approval.
Any individual, firm, partnership, company, corporation, trustee, association, municipality, county, authority, Commonwealth of Pennsylvania, or any public or private entity.
The map of a subdivision or land development, including all supplementary data, whether sketch, preliminary, or final.
A complete and exact subdivision or land development plan, prepared as for official recording, to define property rights and proposed streets and other improvements.
A tentative subdivision or land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
An exact copy of the approved final plan prepared for necessary signatures and recording with the York County Recorder of Deeds.
An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision for discussion purposes only and not to be presented for approval.
The Red Lion Borough Planning Commission (unless otherwise noted).
A plan composed of the appropriate Department of Environmental Protection applications that are required when there is a change to the Official Sewage Plan of Red Lion Borough.
The map or plan of a subdivision or land development, whether preliminary or final.
A line on a drawing which shows elevation of points along a selected route. A profile usually shows both ground elevations and grade line elevations.
A lot including all buildings and improvements thereon.
A recorded boundary of a lot or tract.
Includes parks, playgrounds, trails, paths, and other recreational areas and public areas; sites for school, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and publicly owned or operated scenic or historic sites.
Any drainage sites, roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assure the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.
Notice published once each week for two successive weeks in a newspaper of general circulation in Red Lion Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be discussed at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
A use that will serve the general public, as distinguished from only certain individuals.
A private or public corporation operating under a more or less exclusive franchise, regulated by governments, to provide a certain service or product to the general public (e.g., gas, electricity, telephone, transportation.)
A water supply or sewage disposal system. One which is owned and operated by a local government authority or by a local public utility company controlled by a government authority; distinguished from a community water or sewer system.
The distance from the center of a circle to the circumference of that circle.
Placing a change in the ownership of real estate on public record, usually in a courthouse.
A reserved open space provided with appropriate facilities for use by occupants or residents for recreational purposes such as picnicking, games and informal outdoor gatherings.
A comprehensive plan for the provision of adequate sewage systems adopted by Red Lion Borough and submitted to and approved by the Pennsylvania Department of Environmental Protection as provided by the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., and 25 Pa. Code, Chapter 71, rules and regulations, promulgated thereunder.
Any method, process, or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including but not limited to biomass conversion, geothermal energy, solar, and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
A parcel of ground in separate ownership, separating a street from other adjacent properties or from another street.
Any change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line.
A lot extending between and having frontage on a minor street and either an arterial street or collector street with vehicular access solely from the minor street.
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. If the right-of-way involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
Stones or rocks of indiscriminate dimensions placed so as to form a foundation or wall, usually along the banks of a stream of water to prevent erosion.
That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder; often referred to as "cartway."
Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer of any interest in a subdivision or part thereof.
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 wastewater treatment plant for treatment and discharge (not including septic tanks).
A vegetative material of sufficient height and density to conceal from the view of adjacent property owners the structures and uses on the premises on which the screen planting is located.
The Secretary of the Red Lion Planning Commission.
A watertight receptacle which receives sewage and is designed and constructed to provide for sludge storage, sludge decomposition, and to separate solids from the liquid through a period of detention before allowing the liquid to be discharged to a subsurface absorption area.
A structure housing operational, office, recreational, park maintenance, and other mobile home park facilities.
Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Clean Streams Law, 35 P.S. § 691.1 et seq.
The official of Red Lion Borough who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as amended, and the rules and regulations thereunder.
A system of underground pipes designed to carry sewage or surface water from one point to another.
All pipes, fittings and appurtenances from the drain outlet of a mobile home to the inlet of the corresponding sewer riser pipe.
The portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home lot.
The graded part of a road on each side of the roadway.
A paved walkway, constructed solely for use by pedestrians.
The length of highway visible to the driver.
The total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.
An inclined surface.
A profile taken longitudinally showing the surface of the ground and the approximate layers of soil and rock.
A large pipe or small structure used to carry to an outlet, the water collected by surface drainage.
Runoff from the surface of land resulting from precipitation.
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, land, 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:
ARTERIAL STREETA street or road which is used primarily for through traffic, including all roads identified in the Borough Thoroughfare Classification Plan or Official Map[3] as arterial streets.
COLLECTOR STREETA street or road which carries traffic from minor streets to the major system of arterial streets, including but not limited to the principal entrance streets of a residential development and all roadways identified in the Borough Thoroughfare Classification Plan or Official Map as collector streets.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DEAD-END STREETA road or portion of a street with only one vehicular traffic outlet.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for a satisfactory improvement and use of the street.
MARGINAL ACCESS STREETA minor street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street which is used primarily for local access to the abutting properties and which discourages through traffic.
SERVICE STREETA minor right-of-way which is used to provide secondary vehicular access to the rear or side of two or more properties; also referred to as a "lane" or "alley."
The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
A line defining the edge of a street right-of-way and separating the street from abutting property or lots; commonly known as the "street right-of-way line."
The layer of material used to provide support for the base course and to allow water to drain from beneath the pavement.
Any person, firm, partnership, or corporation who subdivides land deemed as a subdivision, as defined by this chapter, and/or said person, firm, partnership, or corporation acting as owner or authorized agent of the landowner; same as "developer."
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.
The elevation established to receive top surfacing or finishing materials.
Where, in the judgment of the engineer, 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.
One or more layers of a pavement structure designed to take care of the traffic load; the top layer which resists skidding, traffic wear, and weathering.
A man-made or natural depression in grade for drainage of surface water.
Improvements built and maintained by a subdivider during construction of a land development or subdivision and prior to release of the performance bond.
All contiguous land owned by the same landowner.
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).
All pipes, fittings, and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within a mobile home lot.
All pipes, fittings, valves, and appurtenances from the water main of the mobile home park distributing system to the water outlet of the distribution system within a mobile home.
A system of piping and appurtenances whether municipally or privately owned, designed for the transmission and distribution of safe, potable water from a centralized water supply or source to residences, commercial buildings, industrial plants or institutions (not including individual on-lot wells).
Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Usually an elevated area that separates the drainage areas of rivers; also the area so drained.
The top layer of surface course.
A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 27-301 of Chapter 27, "Zoning."
FRONT YARDAn area bounded by the street line of the street of address; the wall of the principal building facing the street of address (which for purposes of this chapter shall be considered the front wall) projected to the side lot lines; and the side lot lines (one of which is also a street line in the case of corner and triple frontage lots) (see diagram[4]).
REAR YARDAn area bounded by the rear lot line (which is also a street line in the case of double, reverse, and triple frontage lots); the rear wall of the principal building projected to the side lot lines; and the side lot lines (one of which is also a street line in the case of triple frontage and corner lots) (see diagram[5]).
SIDE YARDAn area bounded by a side lot line (which may also be a street line in the case of triple frontage and corner lots); side wall of the principal building; and the front and rear walls of the principal building projected to the side lot lines.
[1]
Editor's Note: Said diagram is on file in the Borough offices.
[2]
Editor's Note: Said diagram is on file in the Borough offices.
[3]
Editor's Note: Said plan and map are on file in the Borough offices.
[4]
Editor's Note: Said diagram is on file in the Borough offices.
[5]
Editor's Note: Said diagram is on file in the Borough offices.