The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.
Words used or defined in one tense or form shall include other tenses
or derivative forms.
B.
Words in the singular number shall include the plural number, and
words in the plural number shall include the singular number.
C.
The masculine gender shall include the feminine and neuter. The feminine
gender shall include the masculine and neuter. The neuter gender shall
include the masculine and feminine.
D.
The word "person" includes individuals, firms, partnerships, joint
ventures, trusts, trustees, estates, corporations, utility, associations
and any other similar entities.
E.
The word "lot" includes the words "plot," "tract" and "parcel."
F.
The words "shall," "must" and "will" are mandatory in nature and
establish an obligation or duty to comply with the particular provision.
The words "may" and "should" are permissive.
G.
The time, within which any act required by this Chapter 262 of the Code is to be performed, shall be computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.
I.
References to officially adopted regulations, standards, or publications
of PENNDOT or other governmental agencies shall include the regulation,
publication, or standard in effect on the date when this chapter was
adopted. It is the intent of the City of Lancaster in enacting this
chapter to incorporate such changes to statutes, regulations, and
publications to the extent authorized by 1 Pa. C.S.A. § 1937.
As used in this chapter, certain terms are defined as follows:
A private drive providing vehicular access from a street
to a parking and/or loading and unloading area for multifamily dwellings
(three or more units in a building on a single lot) or property having
a nonresidential use, or providing vehicular access between parking
areas within a land development.
Any person who makes application for a permit.
The Bureau of Engineering, Department of Public Works of
the City of Lancaster, Pennsylvania.
January 1 through December 31, inclusive.
At least six cross chains per driving wheel.
The City of Lancaster, Lancaster County, Commonwealth of
Pennsylvania.
A professional engineer registered by the Commonwealth of
Pennsylvania and employed or retained by the City and designated City
Engineer. This term shall include an authorized designee acting on
behalf the City Engineer.
A fund established and regulated by the City; the moneys
therein are explicitly designated for the resurfacing and reconstruction
of City streets.
Any governmental authority formed by City Council of the
City of Lancaster under the Commonwealth of Pennsylvania Municipality
Authorities Act of 1945[1] to administer a revenue producing public enterprise.
The official plan of the streets of the City of Lancaster.
The plan can be viewed in the Bureau of Engineering.
Includes soil cement, plain cement concrete or reinforced
cement concrete; material contained in the base course of some City
streets.
Actual expenditures incurred by the City for labor, equipment
and materials. These expenditures include all fringe benefits and
overhead.
Those standard construction and materials specifications
and details promulgated and issued by the Bureau of Engineering of
the City of Lancaster and used as a guide for the installation of
curbs, sidewalks, crosswalks, ADA ramps, lighting and other elements
within a right-of-way.
A fee paid by the permittee to the City to defray a percentage
of the costs for resurfacing and reconstruction of City streets resulting
from the degradation of streets associated with street openings.
The City of Lancaster Department of Public Works.
Director of Department of Public Works of the City of Lancaster.
A private drive or right-of-way providing vehicular and pedestrian
access from a public street or public or common alley to a lot and/or
building on a lot.
That portion of the driveway starting at the curb and progressing
up the driveway for a specified distance.
Any unforeseen circumstance which calls for immediate action
to protect or safeguard life and/or property.
The Chief of Police or his or her designated agent (hereinafter
referred to as "Coordinator").
A fee paid by the permittee to the City to defray street
opening inspection costs.
Includes but is not limited to all waste material, garbage,
trash or other substances of any nature which, if thrown, scattered
or deposited as herein prohibited, tend to injuriously affect public
health, safety and welfare or tend to have a detrimental impact on
the environment.
The unreasonable, unwarrantable or unlawful use of public
or private property which causes injury, damage, hurt, inconvenience,
annoyance or discomfort to any person in the legitimate enjoyment
of his reasonable rights of person or property.
Any paved area or surface including but not limited to streets,
sidewalks and parking lots.
A fee paid by the permittee to the City to cover the costs
of issuing, processing and filing the street opening permit.
Any person who has been issued a permit.
Any natural person, partnership, firm, association, utility
or corporation.
An unpaved area between the curb and sidewalk used for planting
trees and other vegetation such as grass and ground cover.
Public nuisances shall include, but are not limited to, accumulations
of garbage and rubbish, infestations, the growing of grass, weeds
or other vegetation beyond the height permitted by City ordinance,
the storage or abandonment of unregistered, junked vehicles or other
vehicles on unenclosed private or public property or the existence
of other such items or conditions which are detrimental to the public
health, safety and welfare.
A street or alley which has been dedicated to and accepted
by the City of Lancaster and has been placed on the Official City
(Street) Plan.
Any street, sidewalk or alley open to the public within right-of-way
lines thereof.
Any utility company, excluding corporate authorities of the
City, licensed by the Public Utility Commission of the Commonwealth
of Pennsylvania.
For the purposes of this chapter, refuse shall mean and be
synonymous with garbage, trash, litter, rubbish, other discarded material.
Any tree, shrub or other woody plant in or upon any public
street, highway or avenue in the City, or that part of any tree, shrub
or other woody plant which extends within the lines of any public
street, highway or avenue in the City.
The portion of the street intended for the use of pedestrians.
Unless the street area has been designated as a pedestrian mall, or
unless the entire street has been designated primarily for pedestrian
use, for the purpose of this chapter, "sidewalk" is that part of a
street on the side thereof intended for the use of pedestrians, improved
by surfacing.
That portion of the street right-of-way reserved for sidewalks
as set forth on the City plan.
A sign placed on the sidewalk area of the public right-of-way
adjoining the business or use it advertises and is not attached to
any structure, utility pole or tree.
As depicted in the Streetscape Design Guidelines for the
City of Lancaster Pennsylvania, June 7, 2004, the sidewalk zone is
that area of the public right-of-way between the curb and the building
facade. The sidewalk zone shall consist of the planting zone, pedestrian
zone and building zone.
Any precipitation depositing any accumulation on the streets
and sidewalks, such as snow, sleet, hail, ice and freezing rain.
A state of highway conditions that are hazardous and dangerous
to vehicular and pedestrian traffic, as declared by the Mayor.
All streets in the City so designated and marked.
All streets in the City so designated and marked.
Tires on driving wheels having treads designated for use
in snow, which tires must be in such condition as to serve the purpose
for which they are designed.
A parcel of land intended to be used for vehicular and pedestrian
circulation, whether designed as a thoroughfare, throughway, highway,
parkway, road, avenue, boulevard, lane, alley, place, or however otherwise
titled, and including the total right-of-way. Street shall include
the entire right-of-way of a public street, highway, alley, road or
easement within the City limits, excluding the designated curb and
sidewalk area.
Lighting, benches, litter and trash receptacles, moveable
tables and chairs, bollards, bicycle racks or bollards, fences, utility
covers, planters, and other similar items designated by the City's
Director of Public Works.
A street or alley which has been dedicated to and accepted
by the City of Lancaster and has been placed on the Official City
(Street) Plan.
The visual impression of the built environment along a street
created by building setbacks, rooflines, building mass, architectural
styles and elements, building materials and texture, sidewalks, signage,
trees and landscaping.
Those exterior public spaces located between street curbs
and building facades, pedestrian crosswalks and traffic calming measures
located within vehicular areas such as streets and alleys.
Those items to be regulated by the streetscape standards promulgated in accordance with the terms of this Chapter 262 of the Code, including sidewalks, curbs, sidewalk ramps, traffic calming measures, crosswalks, street furnishings, lighting and plantings.
Standards issued by the City and used as a guide for the
installation of sidewalks, crosswalks, street trees, landscape containers,
sidewalk furnishings, lighting and other streetscape elements within
a right-of-way.
Those standards promulgated by the City's Director of Public
Works in accordance with the terms hereof which establish standards
for the uniform design, construction, placement and use of streetscape
components within the Streetscape District.
Those areas designated in this Chapter 262 of the Code as the City of Lancaster Streetscape District.
The combination of mainly physical measures that reduce the
negative effects of motor vehicle use and improve conditions for nonmotorized
street users, which traffic calming measures include, but are not
limited to, bike lanes, curb extensions, bulbouts, neckdowns, chokers,
center islands, medians, chicanes, lateral shifts, closures, diverters,
roundabouts, traffic circles, speed bumps, speed humps and speed tables.
All self-propelled motorized vehicles using City streets
and highways.
An area of a street with construction, maintenance, or utility
work activities, typically marked by signs, channeling devices, barriers,
pavement markings, and/or work vehicles. For the purposes of administering
this chapter, a work zone may also be defined as a street segment
pursuant to the City of Lancaster Pavement Management Plan.
A normal business day for the City government, i.e., Monday
through Friday, except designated holidays.
[1]
Editor's Note: 53 P.S. § 5601 et seq.
