Unless otherwise expressly stated, the following words shall
for the purposes of this chapter have the meaning herein indicated.
Words expressed in the plural include their singular meanings; the
present tense shall include the future; words used in the masculine
gender shall include the feminine and the neuter; the words "shall,"
"must," and "will" are mandatory; the words "should" and "may" are
permissive. For those words utilized in this chapter not defined herein
the definitions found in the most recent edition of Webster's Unabridged
Dictionary apply.
As used in this chapter, the following terms shall have the
meanings indicated:
American Association of State Highway and Transportation
Officials.
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
Areas of contiguous lots that share a common property line
or lot line, or are separated by a common border, including easements,
but excluding lots entirely separated by a public right-of-way for
a street or minor access street.
The removal of the surface of the land through the combined
action of human activity and the natural processes at a rate greater
than would occur because of the natural process alone.
A public or private drive, other than a driveway, providing
vehicular access to and between parking areas for more than two parking
spaces within a land development; or any drive servicing three or
more units of occupancy on a single lot.
The traveled way by which automobiles and other similar motor
vehicles enter and depart parking spaces.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A use customarily incidental and subordinate to the principal
use or the main building and located on the same lot with such principal
use or main building.
A measure of land area containing 43,560 square feet.
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
Two or more abutting lots or two or more lots separated only
by a public street right-of-way or another lot.
Any person other than the applicant who, acting on the landowner(s)
authorized behalf, submits a subdivision or land development application.
Equivalent to § 107 of the most recent version
of the MPC.[1] (An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.)
The use of land which shall include, but not be limited to,
the tilling of the soil, the raising of crops, horticulture, apiculture,
floriculture, vitaculture and gardening. The production, keeping or
maintenance, for sale, lease or personal use, of plants and animals
useful to man, including but not limited to: forages and sod crops;
grains and seed crops; dairy animals and dairy products, poultry and
poultry products; livestock, including beef cattle, sheep, swine horses
ponies, mules, or goats, or any mutations or hybrids thereof, including
the breeding and grazing of any or all of such animals; bees and apiary
products; fur animals; trees and forest products; fruits of all kinds,
including grapes, nuts and berries; vegetables; nursery, floral, ornamental
and greenhouse products; or lands devoted to a soil conservation or
forestry management program.
A private drive intended principally to provide vehicular
access within a parking lot for a nonresidential or multi-unit residential
land use. Although aisles provide interior vehicular circulation,
their principal function is to provide entrance and exit for individual
parking spaces. Aisles may not be used to intersect streets.
A public or private right-of-way other than a side street
which affords only a secondary means of access to abutting property
and not intended for general traffic circulation.
Equivalent to § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Any construction or renovation to an existing structure other than repair or addition.) Also includes any change, addition, or modification in construction, occupancy, or use.
An official change to this chapter in accordance with § 505
of the Pennsylvania MPC.[2]
A structure containing three or more dwelling units.
Equivalent to § 107 of the most recent version
of the MPC.[3] (A landowner or developer, as hereinafter defined, who
has filed an application for development, including his heirs, successors
and assigns.)
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 for approval of a land
development plan.
The total of area, in square feet, of all floors, excluding
basement, of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces, and steps.
The total lot area, including public right-of-way.
The total lot area, less public right-of-way.
Plans prepared after construction to reflect the accurate
size, type and location of all improvements such as streets, stormwater
system, sanitary sewer system, water system, landscaping, etc.
A roof-like cover that is temporary or permanent in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements, and can be periodically retracted
onto the face of a building.
The horizontal angle of an observer's bearing in surveying,
measured clockwise from a referenced direction.
The elevation above sea level, based on the vertical datum
in the current Flood Insurance Rate Maps for (municipality) of the
one-hundred-year flood.
A mound of soil, either natural or man-made, used to obstruct
views and attenuate sound, among other purposes.
Equivalent to the most recent version of Chapter 460 relating to stormwater management. (Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior related practices that attempt to minimize the contact of pollutants with stormwater runoff whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.)
Land surrounded on all sides by streets, measured at the
right-of-way or other transportation or utility rights-of-way, or
by physical barriers (e.g., bodies of water or public open spaces).
The edge of a block of lots sharing lot frontage on a street
in common, and that is located between two intersecting streets.
The Borough of Lemoyne, Cumberland, Pennsylvania; Borough
Council, its agents or authorized representatives.
The Lemoyne Borough Council also may be referenced as the
"Borough Council."
An open area of land that is located between two uses, and
intended to mitigate negative impacts (e.g., visual, noise, airborne,
etc.) of the more intense/dense use and/or zoning district on the
less intense/dense use and/or zoning district.
An open area of land that is located between two uses that is intended to mitigate negative impacts (e.g., visual, noise, airborne, etc.) of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district, whose dimensions normally exceed, but may include where specified, the required building setback or yard requirements, and which is generally planted and may include required screening, and within which no building or structure shall be permitted except those used as part of required screening as otherwise provided for in Chapter 550, Zoning.
Equivalent to § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Any structure used or intended for supporting or sheltering, any use or occupancy.)
See "area, building."
The administrative officer certified by the Pennsylvania Department of Labor and Industry to manage, supervise, administer code enforcement activities, and issue building permits under the authority of the Pennsylvania Uniform Construction Code pursuant to Chapter 200 relating to code enforcement, who is appointed by the Lemoyne Borough Council.
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total gross lot area.
A line parallel to the front, side, and/or rear lot line,
touching that part of the structure closest to said lot line.
Written permission issued by the proper municipal authority
for the construction, repair, alteration, or addition to a structure.
See "setback line."
A detached, subordinate building or structure, the use of
which is customarily incidental and subordinate to that of the principal
building, structure or otherwise principal use of the lot, and which
is located on the same lot as that occupied by the principal building,
structure, or otherwise principal use of the lot.
A structure added to the original structure at some time.
A building which is conducted the primary use of the lot
on which it is located, and is not an accessory building.
The diameter of a tree trunk measured at 4Â 1/2 feet
from ground level.
A state-permitted facility, through the Pennsylvania Department of Health, in which a portion of land is used for the purpose of providing a space for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp which includes a combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides, and accessory
to a main or accessory building.
That improved portion of a street or alley within which vehicles
are permitted, including travel lanes and parking areas, but not including
shoulders, curbs, sidewalks or swales.
A line located exactly in the center width of a road or street
cartway, right-of-way, easement, or access.
A triangular-shaped portion of land established at a street
intersection in which nothing is permitted to be erected, placed,
or planted, or allowed to grow in a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
The Lemoyne Borough Planning Commission.
The area in a subdivision or planned residential development,
including common open space, owned or leased and maintained by an
association or other combination of persons for the benefit of the
residents of the residential development and, if owned under the Pennsylvania
Unit Property Act,[6] including all common elements designated for the use of
all dwelling unit owners.
Facilities to be held in common, such as central community
water supply, stormwater management facilities or community sewage
service systems, swimming pools, common ground, playgrounds, etc.,
shall be held using a method of ownership, subject to the approval
of the Borough Council.
Equivalent to § 107 of the most recent version
of the MPC.[7] (A parcel or parcels of land or 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.)
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood, ornamental crops (e.g.,
flowers) for personal or group use, consumption or donation. Community
gardens may be divided into separate plots for cultivation by one
or more individuals or may be used collectively by members of the
group and may include common areas maintained and used by group members.
The most recent version of the official public document prepared
in accordance with the MPC, consisting of maps, charts and textual
material that constitutes decisions about the physical and social
development of the Borough, as amended from time to time.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[8] which includes a multiple unit land development in which
there is a system of separate ownership of individual units of occupancy
and undivided interest of land and common facilities. For purposes
of this chapter, the specific uses associated with a condominium shall
be regulated by the applicable standards of this chapter regardless
of the form of ownership.
The community association that owns, administers, and maintains
the common property and common elements of a condominium.
A geographic area, usually a county, in which professionals
provide advice to communities, agencies, and individuals within the
jurisdiction and review development proposals.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
The erection, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is shared. To physically touch or border upon,
or to share a common property line, but not overlap.
Ownership in common with others of a parcel of land and of
a building or buildings thereon which would normally be used by all
the occupants, together with individual rights of occupancy of a particular
unit or apartment in such building or buildings or on such parcel
of land and may include dwellings, offices and other types of space
in commercial buildings or on property and where the lease, sale or
exchange of a unit is subject to the agreement of the group of persons
having common ownership.
Any county of the second class through the eighth class.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
that the court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the plot or lot area covered
by the building area.
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians.
See "street, minor."
A stone, concrete, or other improved boundary usually marking
the edge of the roadway or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
Plants that drop their leaves before becoming dormant in
winter.
The deliberate appropriation or donation of land or property
by its owner for any general or public uses, reserving no other rights.
Acceptance of any such dedication is at the discretion of the Borough
Council.
A legal document conveying ownership of real property.
A restriction on the use of the land set forth in the deed
or instrument of conveyance. Such restriction(s) usually runs with
the title of the land and is binding upon subsequent owners of the
property. The Borough Council is not responsible for enforcing such
deed restrictions, unless the restriction(s) resulted from a condition
or stipulation of the subdivision or land development approval process.
The number of dwelling units or units of occupancy per acre
of net lot area.
Pennsylvania Department of Environmental Protection. (See
also "PA DEP.")
A structure designed to detain and release runoff in excess
of volumes allowed at a controlled rate.
Final action by an officer, body, board, or agency charged
with the administration of any land use ordinance or applications
there under. Determinations shall be appealed only to the Boards designated
as having jurisdiction for such appeal.
Equivalent to § 107 of the most recent version
of the MPC.[9] (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).
Any land development that, because of its character, magnitude,
or location will have a substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
Equivalent to § 107 of the most recent version
of the MPC.[10] (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 act shall mean the written
and graphic materials referred to in this definition.)
A district includes all buildings, lots, and surface areas
within certain designated boundaries as indicated on the Zoning Map.
Surface water runoff;
The removal of surface water or groundwater from lands by drains,
grading or other means which include runoff controls to minimize erosion
and sedimentation during and after construction of development, the
means for preserving the water supply and the prevention or alleviation
of flooding.
An easement required for the installation of stormwater sewers
or drainage ditches, and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
Any ditch, gutter, 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, recreation areas, or any part of any subdivision or contiguous
land areas.
A plan showing all proposed and existing facilities to collect
and convey surface drainage, described by grades, contours, and topography.
Pipes, swales, natural features and other improvements designed
to hold or convey drainage.
A private drive, other than an access drive, providing vehicular
access between a street or access drive and a parking area for not
more than two residential units of occupancy.
Equivalent to § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A building that contains one or two dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.)
Equivalent to § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation). For purposes of this chapter, "or more persons" shall specifically be limited to not more than one family.
Activity resulting in movement of earth or stripping of vegetative
cover from the earth.
A strip of land 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.
See "drainage easement."
A right-of-way granted for the limited use of land for public
or quasi-public purposes.
A registered professional engineer in Pennsylvania designated
by the municipality to perform the duties of engineer as herein specified.
An individual licensed and registered under the laws of the
commonwealth to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed as set forth
in P.L. 534, No. 230;[11] however, a professional engineer may perform engineering
land surveys.
Surveys for:
The development of any tract of land, including the incidental
design of related improvements, such as line and grade extension of
roads, sewers and grading but not requiring independent engineering
judgment; provided, however, that tract perimeter surveys shall be
the functions of the Professional Land Surveyor;
The determination of the configuration or contour of the earth's
surface, or the position of fixed objects thereon or related thereto
by means of measuring lines and angles and applying the principles
of mathematics, photogrammetry or other measurement methods;
Geodetic or cadastral survey, underground survey and hydrographic
survey;
Sedimentation and erosion control surveys;
The determination of the quantities of materials;
Tests for water percolation in soils; and
The preparation of plans and specifications and estimates of
proposed work as described in this subsection.
The engineering specifications of the municipality regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
Shall mean the application of the mathematical and physical
sciences for the design of public or private buildings, structures,
machines, equipment, processes, works or engineering systems, and
the consultation, investigation, evaluation, engineering surveys,
planning and inspection in connection therewith, the performance of
the foregoing acts and services being prohibited to persons who are
not licensed under the laws of the commonwealth as professional engineers
unless exempt under other provisions of the laws of the commonwealth.
The term "practice of engineering" shall also mean and include
related acts and services that may be performed by other qualified
persons, including but not limited to, municipal planning, incidental
landscape architecture, teaching, construction, maintenance and research
but licensure under the laws of the commonwealth to engage in or perform
any such related acts and services shall not be required.
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures
or the application of creative development techniques to prevent degradation
of the environment, or may require limited development, or in certain
instances may preclude development.
The removal of surface materials by the action of natural
elements.
Equivalent single-axle loadings.
Plants having foliage that persists and remains green throughout
the year.
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 the conditions resulting
there from.
The vertical location of the ground surface prior to excavation
or filling.
An area of land used for agricultural purposes, as defined
in "agricultural operation."
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry
erected, intended and maintained; and/or hedges, "living fences" and
other natural vegetation planted, intended and maintained, either,
singularly, or in combination to provide screening or divide one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy or protection; and/or to define and mark
the property or lot line(s).
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting there from. The
amount of fill shall be considered the difference in elevation between
a point on the original ground and a designated point of higher elevation
on the final grade.
The elevation of the land surface of a site after completion
of all site preparation work.
See Chapter 274 relating to floodplains.
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), stated in lumens per square
foot and measurable with an illuminance meter, a.k.a., light meter.
Equivalent to § 107 of the most recent version
of the MPC.[12] (The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.)
The vertical difference between the crest of an embankment
or drainage structure and the design water surface.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted, to cause
annoyance or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
The Borough Council of Lemoyne Borough, Cumberland County,
Pennsylvania.
The slope expressed in a percent which indicates the rate
of change of elevation over a given distance expressed in feet per
hundred feet.
A greenway may be any one or combination of the following:
A linear open space established along either a natural corridor,
such as a riverfront, stream valley or ridgeline, or over land along
a railroad right-of-way converted to recreational use, a canal, a
scenic road, or other route;
A natural or landscaped course for pedestrian or bicycle passage;
An open space connector linking parks, natural reserves, cultural
features or historic sites with each other and with populated areas;
and
Strip or linear parks designated as a parkway or greenbelt.
The total area of a building available for construction or
use, as measured from the exterior walls or the building. The gross
building area should be used in computing all square footage measurements
for buildings as well as dimension requirements.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
Any financial security that may be required of a developer
by a municipality after final acceptance by the municipality of improvements
installed by the developer. Such security may include, but not be
limited to, irrevocable letters of credit, bonds, restrictive accounts,
or escrow accounts from approved federal, state, or commonwealth lending
institutions.
Any financial security that may be required of a developer
by the municipality in lieu of a requirement that certain improvements
be made prior to final approval of the subdivision or land development
plan. Such security may include, but is not limited to, those instruments
cited above as acceptable as maintenance guarantees.
A street, generally parallel with and adjacent to a property
line, having a lesser right-of-way width than required for improvement
and used as a street in accordance with the chapter.
A condition not caused by the applicant for which he may
request a hardship modification.
The granting of an exception to these regulations which in
the opinion of the Borough will not be detrimental to the general
welfare, impair the intent of the regulations or conflict with the
comprehensive plan. Such modifications are granted only for reason
of undue hardship as determined by the Borough Council.
A community association, which is, organized in a development
in which individual owners share common interests in open space or
facilities.
Quantity of light, measured in footcandles.
See "lot coverage."
Equivalent of the most recent version of Chapter 460 relating to stormwater management. A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs used to cover indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas if they allow for infiltration.
A body of water (e.g., a pond) confined by a dam, dike, floodgate,
or other barrier.
Any street for which the Borough or commonwealth has maintenance
responsibility and which is paved with an approved hardtop surface.
Any man-made immovable item which becomes part of, placed
upon, or is affixed to, real estate.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
The improvement of one 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 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 are exempted from the definition of land development:
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 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 the 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 the proper authorities.
Equivalent to § 107 of the most recent version
of the MPC.[13] (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 component of a development plan, if required, on which
is shown proposed landscape species (such as number, spacing, size
at time of planting, and planting details); proposals for protection
of existing vegetation during and after construction; proposed treatment
of hard and soft surfaces; proposed decorative features, grade changes,
buffers and screening devices; and any other information that can
reasonably be required in order that an informed decision can be made
by the governing body.
Light emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
That form of lighting wherein the light passes from the source
through a translucent cover or shade.
That form of lighting wherein the source is visible and the
light is distributed directly from it to the object to be illuminated.
That form of lighting wherein the light source is entirely
hidden, the light being projected to a suitable reflector from which
it is reflected to the object to be illuminated.
Except as otherwise provided in Article IV of this chapter relating to loading and unloading standards, an off-street loading/unloading space upon an area of land, open or enclosed, other than a street right-of-way, excluding minor access streets, used primarily for the standing, loading or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets, excluding minor access streets.
Equivalent to § 107 of the most recent version
of the MPC.[14] (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.)
The area contained within the property lines of the individual
parcel of land, including the area of any utility easement or stormwater
management facility, but excluding space within the street right-of-way.
That portion or percentage of the lot area covered by impervious
surface. See "impervious lot coverage."
That portion of a lot abutting on the street right-of-way,
excluding minor access streets, and regarded as the front of the lot.
A line that separates a lot from another lot or from a street
or any other public or private space.
The lot line separating a lot from the ultimate street right-of-way,
excluding minor access streets. In the case of a corner lot abutting
a street right-of-way on more than one side there shall be two front
lot lines, one side lot line and one rear lot line. The rear lot line
for a corner lot shall coincide with the lot line abutting any minor
access street; otherwise it shall be the lot line opposite the lot
line along the street of address.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line. A corner lot shall
have two front lot lines and one side lot line, and one rear lot line.
The rear lot line for a corner lot shall coincide with the lot line
abutting any minor access street; otherwise it shall be the lot line
opposite the lot line along the street of address.
Any lot line other than a front or rear lot line. A corner
lot shall have two front lot lines and one side lot line, and one
rear lot line. The rear lot line for a corner lot shall coincide with
the lot line abutting any minor access street; otherwise, it shall
be the lot line opposite the lot line along the street of address.
A lot which is a part of a subdivision, the plan of which
was recorded, or a parcel of land, the deed of which was recorded
in the office of the Cumberland County Recorder of Deeds prior to
the adoption of this chapter.
The horizontal distance between the side lines of a lot measured
either at the front lot line (lot frontage), or at the or at the front
building setback line, as specified in the applicable zoning district.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow private right-of-way or driveway.
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.
See "nonconforming lot."
A through lot that is not accessible from one of the parallel
or nonintersecting streets upon which it fronts. In the case of a
lot fronting on streets of different classification, access to the
lot shall be from the lower classified roadway.
See "lot, reverse frontage."
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
See "subdivision."
Factory-built single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401) commonly known as "HUD (United States Department
of Housing and Urban Development) code."
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. (See also
"mobile home/manufactured home lot.")
A survey object, typically iron pipe or steel bar, placed
at a surveyed point of intersection of two or more lines. More specifically,
markers shall be utilized to mark property corners, and changes in
bearing or intersection of right-of-way lines.
A landscaped island located within a row of contiguous parking
spaces in a parking lot and which provides for landscaping opportunities
within parking lots.
See "subdivision."
See "lot, mobile home."
See "mobile home park," equivalent to § 107 of
the most recent version of the MPC.[15] (A parcel of land in a mobile home park, improved with
the necessary utility connections and other appurtenances necessary
for the erections thereon of a single mobile home) except "mobile
home" shall be considered "manufactured/mobile home."
See "manufactured home," equivalent to § 401 of
the most recent version of the Pennsylvania UCC. Under § 901(a)
of the Act [35 P.S. § 7210.901(a)], housing which bears
a label as required by and referenced in the Manufactured Housing
Construction and Safety Standards Authorization Act (35 P.S. §§ 1656.1
to 1656.9), certifying that it conforms to federal construction and
safety standards adopted under the national Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401
to 5426). See also "mobile home" equivalent to § 107 of
the most recent version of the MPC.[16] (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, 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) except "mobile home" shall be considered "manufactured/mobile
home."
Relief from this chapter's provisions granted by the Borough
Council for relief from the strict application of a specific requirement
or provision of this chapter, which if literally enforced would exact
undue hardship on the applicant. Modification/waiver decisions are
required to be based on unique or peculiar conditions pertaining to
the land. All modification/waiver requests are required to be submitted
in writing and constitute the least possible relief necessary. [Additional
considerations for modification(s)/waiver(s) are in Article VIII.]
A tapered, permanent survey reference point of stone or cement
having a round top four inches on each side with a length of 24 inches.
The Lemoyne Borough Municipal Authority, Cumberland County,
Pennsylvania.
Lemoyne Borough.
A component of a landscape existing or maintained as part
of the natural environment and having ecologic value in contributing
beneficially to air quality, erosion control, groundwater recharge,
noise abatement, visual amenities, growth of wild like, human recreation,
reduction of climatic stress or energy costs. Such features include
those, which, if disturbed, may cause hazards or stress to natural
habitats, property or the natural environment.
See "nonconforming lot" equivalent to§ 107 of the
most recent version of the MPC.[17] (A lot the area or dimension of which was lawful prior
to the adoption or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption or amendment.)
See "nonconforming structure" equivalent to § 107
of the most recent version of the MPC.[18] (A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.)
The National Pollutant Discharge Elimination System.
Any wall, dam, wharf, embankment, levee, dike, 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, 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 is placed
where the flow of water might carry the same down-stream to the damage
of life and property.
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedicated right-of-way, and is located upon the same lot as a
principal use or, in the case of joint parking, within close proximity.
See "septic system."
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed, or reserved for public use or
enjoyment or for the use and enjoyment of owners, occupants, and their
guests.
See "common open space."
Open space held in private ownership, the use of which is
normally limited to the occupants of a single dwelling or building.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
An illumination source outside any building or structure,
including, but not limited to, an incandescent bulb, LED, mercury,
sodium or neon filled bulb, and the hardware containing the illumination
source and supporting it. Lighting fixtures underneath a roof of an
open-sided building, including, but not limited to: storage sheds,
canopies, and gas/fuel pump marquees, are deemed to be "outdoor lighting."
See "landowner."
The Pennsylvania Department of Environmental Protection.
See "Pennsylvania Municipalities Planning Code."
The Pennsylvania Public Utility Commission.
Any lot, plot or tract of land designated by any legally
recorded or approved means as a single unit. The term includes, but
is not limited to, tax parcels, lots or deeded areas.
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure, leisure, fellowship, or exercise, commonly involving
a sporting activity, camping, hiking, jogging, bicycling, swimming,
picnicking, and other related activities which is open to the public.
A park may include amenities such as ball fields, tennis courts, trails,
playground equipment, rest rooms, picnic tables, cooking grills, and
similar facilities. For purposes of this chapter, parks shall not
include improvements for or permit uses that are considered to be
commercial recreational uses.
A public or private lot, building or structure that is designed
and used for the temporary off-street storage and parking of passenger
vehicles. This use shall include surface parking lots and parking
structures, including buildings and decks.
Any area of a lot used for off-street parking facilities,
providing for the transient storage of automobiles, and other motorized
and nonmotorized vehicles.
Except as otherwise permitted in Article IV of this chapter, either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.
A building or structure where passenger vehicles may be stored
for temporary off-street parking, including decks and buildings.
Joint use of a parking compound by more than one use and/or
owner.
A specified easement, walkway, path, sidewalk or other reservation
which is designed and used exclusively by pedestrians.
The Pennsylvania Department of Transportation.
Act 247 of 1968, as reenacted and amended.[19]
A corporation, company, association, society, firm, partnership,
or joint stock company, as well as an individual, a state, and all
political subdivisions of a state or any agency or instrumentality
thereof, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
Any area not defined as impervious area. Equivalent of the most recent version of Chapter 460 relating to stormwater management.
See "plat."
A complete and exact subdivision or land development plan,
prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
An informal plan indicating salient existing features of
a tract and its surroundings and the general layout of a proposed
subdivision or land development. The pre-application (sketch) plat
or plan does not constitute a formal submission of a preliminary or
final plat and is voluntarily offered to all applicants for guidance.
A tentative subdivision 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.
See "comprehensive plan."
A plan prepared by a registered engineer or surveyor showing
the construction details of streets drains, sewers, bridges, culverts,
and other improvements as required by this chapter.
A planning commission, planning department, planning office,
or a planning committee of the governing body.
Lemoyne Borough Planning Commission.
A unit of measure used to determine the quantity of plantings
required in a residential, commercial, industrial or other development
project. For the purpose of this chapter, one planting unit (PU) equals
one of the following:
Equivalent to § 107 of the most recent version
of the MPC.[20] (The map or plan of a subdivision or land development,
whether preliminary or final.)
A man-made body of inland water made by construction of a
dam or embankment, or by excavating a pit or dugout, other than a
stream or lake.
An initial meeting between developers and the Zoning Officer
and/or codes enforcement officer and/or municipal Engineer which affords
applicants and/or developers the opportunity to present their proposals
informally.
Land consisting of those soils designated by the USDA Natural
Resource Conservation Service as prime soils.
See "building, principal."
Not publicly owned, operated, or controlled.
A nonpublic right-of-way which provides vehicular access
to two or more lots.
Means the profile of the center line of the finished surface
of the street, which shall be midway between the sidelines of the
street.
Equivalent to § 107 of the most recent version
of the MPC.[21] Includes:
Equivalent to § 107 of the most recent version
of the MPC.[22] (A formal meeting held pursuant to public notice by the
governing body or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this Act.)
Equivalent to § 509 of the most recent version
of the MPC[23] (improvements required by the subdivision and land development
ordinance).
Owned, operated or controlled by a government agency (e.g.,
federal, state, county, and local), including its authorized agent
or corporation created by law for the performance of certain specialized
governmental functions or any public school district.
Equivalent to § 107 of the most recent version
of the MPC.[25] (Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered 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.)
Locations for leisure-time activities, including, but not
limited to, sports and entertainment that are open to anyone without
restriction, except for the rules and standards of conduct and use.
A street ordained or maintained or dedicated and accepted
by a Borough, city, township, county, state, or federal governments
and open to public use.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including, but not limited
to:
Sports (e.g., individual, dual, team, coed recreational, and
combative), athletics; both land- and water-based.
Arts and crafts, spectating, picnicking, nature study, and board
games.
Dance, drama, music, games, social recreation, special events,
hiking/walking, cycling, hobbies, outdoor educational activities,
and cultural activities.
Any area developed in such a manner as to be conducive to
those activities that fall within the range of active recreation.
Examples: athletic fields and hard-surfaced courts, pools, large dams,
bicycle and walking trails, open turf areas, and apparatus areas.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation.
Examples-scenic vistas, natural areas, craft areas, meeting areas,
sitting areas, walkways, sunbathing, gardens, streams and impoundments,
social events, picnicking, and spectating areas.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.
The area of land suitable for the development of specific
active recreation facilities for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including,
but not limited to, baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools.
Activities that involve relatively inactive or less energetic
activities (e.g., walking, sitting, picnicking, card games, checkers,
and similar table games).
A motor vehicle that is self-propelled or towed and that
is designed to be transported along public streets to serve as a mobile
temporary residence. For the purposes of this chapter, the term shall
also include towable utility and cargo trailers.
The Tri-County Regional Planning Commission.
The one-hundred-year flood elevation plus a freeboard safety
factor or 1Â 1/2 feet.
Any letter, review, memorandum, compilation or similar writing
made by a body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie there from. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A narrow parcel of ground separating a street from other
adjacent properties.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
or in combination, erected between lands of different elevations to
protect structures and/or prevent erosion.
A reservoir, formed from soil or other material, which is
designed to detain temporarily, a certain amount of stormwater from
a catchment area and which may also be designed to permanently retain
additional stormwater runoff from the catchment area. Retention basins
may also receive freshwater from year-round streams. Unlike detention
basins, retention basins always contain water, and thus may be considered
man-made lakes or ponds.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, street, crosswalk, railroad, electric transmission lines,
oil or gas pipeline, water line, sanitary, storm sewer, and other
similar uses, whether public or private.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
An area of land adjacent to a perennial or intermittent stream,
subject to the regulations of the municipal zoning ordinance.[26]
Land that is traversed or bounded by natural watercourse
or adjoining tidal lands.
Rights of a landowner to the water on or bordering his or
her property, including the right to make use of such waters and to
prevent diversion or misuse of upstream water.
See "street."
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
Any liquid waste containing animal or vegetable matter in
suspension or solution or the water-carried waste resulting from the
discharge of water closets, laundry tubs, washing machines; sinks,
dishwashers, or any other source of water-carried waste of human origin
or containing putrescible material.
Pipes that carry domestic or commercial sanitary sewage and
into which stormwater, surface water, and groundwaters are not intentionally
admitted.
A vegetative material of sufficient height and density to
conceal from the view of property owners on adjoining properties.
The structures and uses on the premises on which the screen planting
is located.
A barrier between adjacent properties, uses, and/or zoning
districts composed of a mixture of landscaping, trees, berms, shrubs,
fences, walls and/or other similar type materials, that is intended
to mitigate negative impacts (e.g., visual, noise, airborne, etc.)
of the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
An underground system with a septic tank used for the decomposition
of domestic wastes.
The required horizontal distance between a required setback
line and an abutting lot line or street right-of-way line, as applicable.
The line within a property that shall define the required
distance between a use, structure, and/or building and the abutting
right-of-way line, or front, rear, and side lot lines and that establishes
the area in which said use, structure, or building must be established,
erected, and/or placed. In the case of lot where a front and/or rear
lot line does not coincide with a recorded right-of-way (e.g., land
locked lots, lots with substandard access easements, etc.), the setback
line(s) shall be measured from the applicable property line(s) closest
to the associated recorded right-of-way or ultimate right-of-way.
The distance between the street right-of-way line and the
required front setback line. Corner lots shall have two front setbacks.
The distance between the rear lot line and the required rear
setback line. Corner lots shall have one rear setback.
The distance between the side lot line and the required side
setback line. Corner lots shall have one side setback.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
Any system designed to eliminate sanitary sewage outside
the boundaries of the lot the system serves.
Any system designed to eliminate sanitary sewage within the
boundaries of the lot the system serves.
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
That portion of the right-of-way that lies between the right-of-way
line and curbline, regardless of whether the sidewalk exists.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
A parcel of land located in a municipality, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
See "plan or plat, pre-application (sketch)."
The face of an embankment or cut 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.
Chemical or structural treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
The unit of measure used to express the area of a lot, tract,
or parcel involved in a subdivision or land development; the length
of a lot in feet multiplied by the width of the lot in feet.
Skid resistance level.
A municipality's personnel or contracted personnel.
Land with a fifteen-foot or greater change in elevation 100
feet or less in horizontal distance or, in other terms, 15% or greater
on the average. The following formula is the acceptable method of
determining average slope:
|
S = (0.0023 I x L)/A
|
|
S
|
=
|
Average percent slope of site
|
|
I
|
=
|
Contour interval in feet
|
|
L
|
=
|
Sum of the length of contours in feet
|
|
A
|
=
|
Land area in areas of parcel being considered
|
Water that surfaces, flows or collects during and subsequent
to rain or snowfall.
Any storm drainage technique that retards or detains runoff,
such as detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
A plan for managing the stormwater runoff from a proposed
subdivision or land development, including data and calculations,
prepared by the developer in accordance with the standards of this
chapter, or any applicable municipal or watershed stormwater management
ordinance.
A watercourse, other than a lake or pond, having a source,
terminus, banks, and channel through which waters flow at least periodically.
Stream carrying water during the wet seasons.
A stream that is present during all seasons of the year.
Equivalent to § 107 of the most recent version
of the MPC.[27] (Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.)
See "center line."
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of the other
streets upon which the lot abuts, at the midpoint 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 an abutting property or lot. The street line shall
be the same as the legal right-of-way line, or the ultimate right-of-way
line.
INTERSTATE HIGHWAYLimited access highways designed for traffic between major regional areas or larger urban communities of 50,000 or more; these highways extend beyond state boundaries, with access limited to interchanges located by the United States Department of Transportation.
FREEWAYLimited access roads designed for large volumes of traffic between communities of 50,000 or more to major regional traffic generators (such as central business districts, suburban shopping centers and industrial areas); freeways should be tied directly to arterial roads, with accessibility limited to specific interchanges to avoid the impediment of through traffic.
PRINCIPAL ARTERIAL HIGHWAYA principal arterial provides land access while retaining a high degree of through traffic mobility and serves major centers of urban activity and traffic generation. These highways provide a high-speed, high-volume network for travel between major destinations in both rural and urban areas.
MINOR ARTERIAL HIGHWAYA minor arterial gives greater emphasis to land access with a lower level of through traffic mobility than a principal arterial and serves larger schools, industries, hospitals and small commercial areas not incidentally served by principal arterials.
COLLECTOR HIGHWAYA collector road serves dual functions, collecting traffic between local roads and arterial streets and providing access to abutting properties. It serves minor traffic generators, such as local elementary schools, small individual industrial plants, offices, commercial facilities and warehouses not served by principal and minor arterials.
STREET, ARTERIALA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
STREET, COLLECTORA major street or highway which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
LIMITED ACCESS HIGHWAYA major street or highway which carries large volumes of traffic at comparatively high speed with access at designated points and not from abutting properties.
A minor street which is parallel and adjacent to a limited
access highway or arterial street, which provides access to abutting
properties and protection from through traffic.
A street used primarily for access to abutting properties.
Minor streets include the following:
STREET, CUL-DE-SACA street intersecting another street at one end terminating at the other in a vehicular turn-around.
STREET, DEAD ENDA street or portion of a street with only one vehicular outlet, but which has a temporary turnaround and which is designed to be continued when adjacent open land is subdivided.
STREET, LOCALStreets which are used primarily for access to abutting properties, including streets with subdivisions or developments, usually characterized by low operating speeds and dedicated or accepted for municipal ownership and maintenance.
STREET, LOOPA road which terminates at a point on the said road, with a single point of access onto an adjacent road (i.e., "P" shaped road).
STREET, PRIVATEA legally established right-of-way other than a public street not offered for dedication or accepted for municipal ownership and maintenance.
STREET, PUBLICAll streets open to the public and maintained by, or dedicated to and accepted by the municipality, the county, the state or the federal government.
A street that has never been built shown on an approved plan,
subdivision plat, Tax Maps, or Official Map.
The portion of the street, contiguous to the cartway, for
the accommodation of stopped vehicles, for emergency parking, and
for lateral support of base and surface courses of the pavement.
The distance between street lines measured at right angles
to the center line of the street.
Equivalent to § 107 of the most recent version
of the MPC.[28] (Any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.)
STRUCTURE, ACCESSORYA structure detached from a principal structure, but located on the same lot, which is customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot, tract or parcel.
STRUCTURE, TEMPORARYA structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
The owner or authorized agent of the owner of a lot, tract,
or parcel of land to be subdivided for sale or land development under
the terms of this chapter.
Equivalent to § 107 of the most recent version
of the MPC.[29] (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.)
Where, in the judgment of the municipal engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the Pennsylvania MPC, § 509[30]) of those improvements required as a condition for the
final approval have been completed in accordance with the approved
plan, so that the project will be able to be used and operated for
its intended use.
A plan showing all present and proposed grades and facilities
for stormwater drainage.
The practice of that branch of the profession of engineering
which involves the location, relocation, establishment, reestablishment
or retracement of any property line or boundary of any parcel of land
or any road right-of-way, easement or alignment; the use of principles
of land surveying, determination of the position of any monument or
reference point which marks a property line boundary, or corner setting,
resetting or replacing any such monument or individual point, including
the writing of deed descriptions; procuring or offering to procure
land surveying work for himself or others; managing or conducting
as managers, proprietors or agents any place of business from which
land surveying work is solicited, performed, or practiced; the performance
of the foregoing acts and services being prohibited to persons who
are not granted certificates of registration under the laws of the
commonwealth as a professional land surveyor unless exempt under other
provisions of the laws of the commonwealth.
An individual licensed and registered under the laws of this
commonwealth to engage in the practice of land surveying. A professional
land surveyor may perform engineering land surveys but may not practice
any other branch of engineering.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A map showing the elevations of the ground by contours or
elevations.
The configuration of a surface area showing relative elevations.
Surface soils and subsurface soils, which presumably are
fertile, soils and soil material, ordinarily rich in organic matter
or humus debris. Topsoil is usually found in the uppermost soil layer
called the A horizon.
Any lot, tract or parcel of land, which has not been graded
or in any other manner prepared for the construction of a building
or structure.
See "dwelling unit."
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE, ACCESSARYA use customarily incidental and subordinate to the principal use, building or structure located on the same lot with this principal building or structure.
USE, PRINCIPALThe main or primary use of property, buildings or structures.
A line built and maintained in order to transport materials,
utilities or services by underground or above ground means, including
gas, electric, oil, cable, water, sewage, telephone, fiber optic cables,
stormwater, computer lines, and other lines.
(1) Any agency which under public franchise or ownership,
or under certificate of convenience and necessity, provides the public
with electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection or other similar service;
(2) A closely regulated private enterprise with an exclusive
franchise for providing a public service.
An area covered with a vegetative material, including: grass,
shrubs, vines, trees, and other landscaping.
That portion of the landscape which can be readily viewed
by the observer from one or more vantage points. The extent of area
that can be viewed is commonly delineated by landform, vegetation
and/or distance.
See "modification/waiver."
Any water works, water supply works, water distribution system,
or part thereof designed, intended, or constructed to provide or distribute
potable water.
An inventory of the source, quantity, yield, and use of groundwater,
creek, channel, ditch, whether natural or man-made.
A water facility providing potable water to individual lots
or to the public for human consumption.
All water systems which are not public water systems.
An approved water system in which potable water is supplied
to a dwelling or other building from a central water source which
is not located on the same lot as the dwelling or building.
A well or other approved system designed to provide potable
water to a dwelling or building located on the same lot as the source.
A water system, as defined by the Pennsylvania Department
of Environmental Protection, which has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year.
A stream of water, river, brook, creek, or a channel or ditch
for water whether natural or man-made.
A plan for managing stormwater runoff from and from within
a particular watershed area.
Equivalent to the most recent version of Chapter 460 relating to stormwater management. (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 conditions, including swamps, marshes, bogs, fens, and similar areas.)
See "buffer yard."
An open space located on the same lot with a building unoccupied
and unobstructed from the ground up, except for permitted accessory
buildings or such projections as are expressly permitted. The minimum
depth or width of a required yard shall consist of the horizontal
distance between the lot line and the required building setback line.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
See "district, zone."
A police power measure, enacted primarily by general purpose
units of local government, in which the community is divided into
districts or zones within which permitted and special uses are established
as well as regulations governing lot size, building bulk, placement
and other development standards. (Also see the Pennsylvania Municipalities
Planning Code.[31])
A section of a municipality designated in the Zoning Ordinance[32] text and delineated on the Zoning Map, in which requirements
for the use of land and building and development standards are prescribed.
The map setting forth the boundaries of the zoning districts of Lemoyne Borough which are part of Chapter 550.
The administrative officer appointed by the Lemoyne Borough
Council to administer this chapter and issue zoning permits.
Condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure, that acknowledges that such use and/or structure complies with the provisions of Chapter 550 or authorized variance therefrom. See "building permit."
[1]
Editors Note: See 53 P.S. § 10107.
[2]
Editor's Note: See 53 P.S. § 10505.
[3]
Editor's Note: See 53 P.S. § 10107.
[4]
Editor's Note: See 53 P.S. § 10107.
[5]
Editor's Note: Said Act was repealed 6-19-2001 by Act 22 of
2001, P.L. 287. See now Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
[6]
Editor's Note: See now the Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq.
[7]
Editor's Note: See 53 P.S. § 10107.
[8]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[9]
Editor's Note: See 53 P.S. § 10107.
[10]
Editors Note: See 53 P.S. § 10107.
[11]
Editor's Note: See the Engineer, Land Surveyor and Geologist
Registration Law, 63 P.S. § 148 et seq.
[12]
Editors Note: See 53 P.S. § 10107.
[13]
Editor's Note: See 53 P.S. § 10107.
[14]
Editors Note: See 53 P.S. § 10107.
[15]
Editor's Note: See 53 P.S. § 10107.
[16]
Editor's Note: See 53 P.S. § 10107.
[17]
Editors Note: See 53 P.S. § 10107.
[18]
Editor's Note: See 53 P.S. § 10107.
[19]
Editor's Note: See 53 P.S. § 10101 et seq.
[20]
Editor's Note: See 53 P.S. § 10107.
[21]
Editor's Note: See 53 P.S. § 10107.
[22]
Editor's Note: See 53 P.S. § 10107.
[23]
Editor's Note: See 53 P.S. § 10509.
[24]
Editors Note: See 53 P.S. § 10107.
[25]
Editors Note: See 53 P.S. § 10107.
[27]
Editor's Note: See 53 P.S. § 10107.
[28]
Editors Note: See 53 P.S. § 10107.
[29]
Editor's Note: See 53 P.S. § 10107.
[30]
Editor's Note: See 53 P.S. § 10509.
[31]
Editors Note: See 53 P.S. § 10101 et seq.
