[Ord. 00030, 7/11/2005, § 201; as amended by Ord.
00077, 4/14/2014, § 3]
For the purpose of this chapter the terms and words listed in this Part shall have the meaning herein defined. Words not herein defined shall have the meanings given in the order listed hereafter. The Pennsylvania Municipalities Planning Code, the Stormwater Management Ordinance [Chapter
17], the Akron Borough Zoning Ordinance, other Borough ordinances and the New International Webster's Dictionary of the English Language, Deluxe Encyclopedia Edition, (1995) and shall be interpreted so as to give this chapter its most reasonable application. For the purpose of this chapter, the following rules of definition interpretation shall apply. The present tense shall include the future; the singular number shall include the plural; words used in the masculine gender shall include the feminine and the neuter; the word "shall" is always mandatory; the word "may" is always permissive.
[Ord. 00030, 7/11/2005, § 202; as amended by Ord.
00056, 4/11/2011, § I; and by Ord. 00077, 4/14/2014, § 4]
ACCESS DRIVE
A private drive providing pedestrian and vehicular access
between a public or private street and a parking area(s) within a
land development and any driveway servicing two or more units of occupancy
on a single lot or contiguous lots. The access drive is not intended
to include any portion of the travel lane abutting parking areas.
APPLICANT
A landowner or developer, who with permission of all landowners,
has filed an application for development, including their respective
heirs, successors and assigns.
BLOCK
A tract of land bounded by streets, or by combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or waterways.
BOROUGH
Borough Council of Akron Borough, Lancaster County, Pennsylvania.
BOROUGH ENGINEER
A professional engineer, or a professional engineer group
or assistant, licensed in the Commonwealth of Pennsylvania, and duly
designated by the Borough to perform the duties of engineer as herein
described.
BUILDING
Any structure constructed or used for a residence, business,
industry, or other public or private purposes, or accessory thereto,
and including porches, swimming pools, tents, lunch wagons, dining
cars, trailers, and similar structures, whether stationary or movable,
but excluding authorized fences and walls which are part of the landscaping,
signs and awnings.
CARTWAY
The surface of a street, access drive or alley available
for vehicular traffic.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
COUNTY
The County of Lancaster, Pennsylvania.
CUT
An excavation. The difference between a point on the original
ground and designated point of lower elevation of the final grade.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction or placement of buildings
or other structures, mobile homes, streets and other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations,
and the subdivision of land.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means, including control of runoff to minimize
erosion and sedimentation during and after construction or development.
DRIVEWAY
A private means of vehicle access from a public or private
street to a single lot.
EASEMENT
A grant for the use of a parcel of land by the public, any
other entity, or a person, normally for a specified public purpose
in which the owner of the property shall have the right to make any
other use of the land which does not adversely affect the use of the
easement; i.e., utility, drainage.
ENGINEER
A registered professional engineer in the Commonwealth of
Pennsylvania.
EROSION
The natural process by which the surface of the land is worn
away by water, wind or chemical action.
ESSENTIAL SERVICES
Borough stormwater facilities, whether on-premises or off-premises,
shall be considered essential services.
EXCAVATION
Any act, by which earth, sand, gravel, rock, or any other
similar material is dug into, cut, quarried, uncovered, removed displaced,
relocated, or bulldozed. It shall include conditions resulting therefrom.
HISTORIC STRUCTURE
Any building, structure or object that: (A) is listed on
the National Register of Historical Places; (B) has received a determination
of eligibility for the National Register from the National Park Service;
(C) is listed on the Lancaster County Historic Sites Register or the
Comprehensive Site Survey of Lancaster County, both of which are maintained
by the Historic Preservation Trust of Lancaster County; or (D) is
listed on any officially adopted municipal register or inventory of
historical features. This term shall include the principal structures,
accessory structures, fences, road alignments and signs associated
with such features.
IMPERVIOUS SURFACE (IMPERVIOUS AREA)
Surfaces which prevent the infiltration of water into the
ground. All structures, buildings, parking areas, driveways, roads,
streets, sidewalks, and any areas of concrete, decks, asphalt, stone,
and compacted earth shall be considered impervious surface if they
prevent infiltration.
IMPROVEMENTS
Those physical additions, installations, and changes required
to render land suitable for the use intended including, but not limited
to, grading, paving, curbing, streetlights, signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and street shade
trees. (See also "off-site and on-site improvements.")
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
(2)
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.
C.
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503(1.1).
LAND DISTURBANCE
Any activity involving grading, tilling, digging, or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the natural condition of the land.
LOT
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 and having a frontage on a dedicated street
or road.
MARKER
A wood or metal stake placed to designate the boundary and
corners of lots in the subdivision of land for the purpose of reference
in land and property survey and to facilitate the sale of lots.
MONUMENT
A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
ON-SITE IMPROVEMENTS
All improvements constructed on the applicant's property, or the improvements constructed on the property for the ingress or egress to the applicant's property, or for stormwater or utilities and required to be constructed by the applicant pursuant to any municipal ordinance, including, but not limited to, the municipal Building Code [Chapter
5, Part
1], this chapter and Zoning Ordinance [Chapter
27].
PERFORMANCE GUARANTEE
Any security which may be in lieu of a requirement that certain
improvements be made before the Borough Council approves a final subdivision
or land development plan, including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
PLAN, FINAL
A complete and exact subdivision plan or land development
plan, prepared for official recording as required by law, to define
property rights and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision plan or land development plan, in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
PLAN, SKETCH
An informal plan, subdivision or land development plan, to
scale, indicating salient existing features of a tract and its surroundings
and the general layout of the proposed subdivision.
PLAT
A map or plan of a subdivision or land development whether
sketch, preliminary or final.
RESERVE STRIP
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on two streets
with vehicular access solely from the street of lower classification.
RIGHT-OF-WAY
A corridor of land set aside for use, in whole or in part,
by a street.
SEDIMENT
Soils or other materials transported by stormwater as a product
of erosion.
SEWER, BOROUGH
System, publicly owned by the Borough of Akron, for the collection
of sewage or industrial wastes of a liquid conveyed by a system of
pipes to an off-site facility for the treatment and disposal of the
sewage or industrial waste through means approved by the Pennsylvania
Department of Environmental Protection.
SIGHT DISTANCE ("CLEAR-SIGHT TRIANGLE")
The unimpeded view which a vehicle operator has along the street he is traveling or the street he is entering or crossing, such distance related to driver reaction time and posted speed limits, and assuming the operator's eye level is between three feet, six inches and 10 feet above the pavement. Sight distance shall be established by measuring a triangle 100 feet from the point of intersection of the center lines of the streets. No building, structure, planting, parking, or other structure that would obscure the vision of a motorist shall be permitted within such area. Borough signage and utility poles shall not be considered offending structures. In the cases of fences and walls in the front yard setback or building line, they shall also not extend beyond the greater of one-half the front yard setback or building line distance as those terms are defined in Chapter
27 of the Code of Ordinances of the Borough of Akron (the "Akron Borough Zoning Ordinance").
SLOPE
The face of an embankment of cut or fill section; any ground
whose surface makes an angle with the plane of the horizon. Slopes
are usually expressed in a percentage based upon vertical difference
in feet per 100 feet of horizontal distance.
STORMWATER MANAGEMENT FACILITY (SWM FACILITY)
Any structure, natural or man-made, that, due to its condition,
design or construction, conveys, stores, infiltrates, evaporates,
transpires, cleans or otherwise effects stormwater runoff. Typical
SWM facilities include, but are not limited to, detention and retention
basins, open channels, watercourses, road gutters, swales, storm sewers,
pipes, BMPs, and infiltration structures.
STORMWATER MANAGEMENT PLAN
The plan for managing stormwater run-off adopted by the County
of Lancaster, pursuant to the requirements of the Stormwater Management
Act, 32 P.S. § 680.1 et seq.
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 more than 10 acres not involving any new street
or easement of access or any residential dwelling, shall be exempted.
SWALE
A low lying stretch of land which gathers or carries surface
water run-off.
SWMO
Chapter
17 of the Borough of Akron Code of Ordinances, as it currently exists and as it may be hereinafter amended.
WATER COURSE
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
ZONING OFFICER
The Borough official appointed by Council to serve as Zoning
Officer pursuant to the provisions of the Pennsylvania Municipalities
Planning Code. When used herein the term "Zoning Officer" shall also
refer to such additional or alternate official as may be appointed,
from time to time by Council, for purposes of managing the functions
of the Zoning Officer.
ZONING ORDINANCE
Chapter
27 of the Borough of Akron Code of Ordinances, as it currently exists and as it may be hereinafter amended.