A.
For the purpose of this chapter, the words and terms used herein
shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership, association,
or other legal entity, as well as an individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is mandatory.
(6)
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be occupied."
(7)
The word "Commission" and the words "Planning Commission" shall mean
the Abbottstown Borough Planning Commission.
(8)
The word "Borough Council" shall mean the Abbottstown Borough Council.
Unless a contrary intention clearly appears, the following words
and phrases shall have, for the purpose of this chapter, the meanings
given in the following clauses:
A structure detached from, subordinate to, and on the same
lot with the principal structure, and used for purposes customarily
incidental thereto. Accessory structures shall include car ports,
private garages, gazebos, pet houses, utility or storage buildings,
and swimming pools, as defined herein.
See definition for "street, alley/service street."
A landowner or developer 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 plan or for the approval of a development
plan.
A plan prepared and certified by a registered engineer or
surveyor illustrating the physical location, dimensions and topographic
features of improvements in relation to property boundaries, other
features and improvements and the specifications of an approved development
plan. As-built drawings shall be prepared at a scale of not less than
one inch equals 50 feet.
The total volume during a given time period (in whole days),
greater than one day and less than one year, divided by the number
of days in that time period.
A linear earth mound with a maximum slope of three to one
(3:1) with a grass cover or a maximum slope of two to one (2:1) when
shrubbery or ground cover is used.
An area bounded by three or more streets.
The Borough Council of the Borough of Abbottstown, Adams
County.
A registered professional engineer designated by the Borough
Council to perform the duties of engineer as herein specified.
A combination of materials to form a permanent structure
having walls and a roof, including, but not limited to, all mobile
homes and trailers.
The diameter of the main trunk of a tree measured at 12 inches
above the ground surface.
The paved portion of a street right-of-way intended for vehicular
use.
The written approval as issued by the Department of Environmental
Protection, authorizing a person to operate and maintain a mobile
home park.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
Real estate, portions of which are designed for separate
ownership and the remainder of which is designated for common use
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The County of Adams, Pennsylvania.
A crosswalk shall be defined as:
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs or in the absence of curbs,
from the edges of the traversable roadway, and in the absence of a
sidewalk on one side of the roadway, the part of a roadway included
within the extension of the lateral lines of the sidewalk at right
angles to the center line; or
Any portion of a roadway at an intersection or elsewhere distinctly
indicated as a pedestrian crossing by pavement marking lines on the
surface, which might be supplemented by contrasting pavement texture,
style, or color.
A street intersecting another street at one end and terminating
in a vehicular turnaround at the other end. The length of such street
shall be measured from the edge of cartway from the intersecting street,
along the center line of the cul-de-sac street, to the opposite end
of the turnaround.
The proportionate amount of land allocated for each primary
use exclusive of public rights-of-way and streets.
Regulations, as stated in Article V, imposing standards in the layout by which a subdivision or land development is governed.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, or one authorized and empowered by a
landowner, who makes or causes to be made a subdivision of land or
a land development or a resubdivision.
The vehicular entrance and exit for land use.
Any building which is designed for human living quarters,
but not including hotels, boarding houses, tourist cabins, motels,
and other accommodations used for transient occupancy.
An independent housekeeping unit consisting of living quarters
of one or more rooms with cooking, sleeping, and sanitary facilities,
arranged for use by one or more individuals.
The right of a person, governmental agency, or public entity
to use public or private land owned by another for a specific purpose.
A professional engineer registered by the Commonwealth of
Pennsylvania.
Any land area susceptible to inundation by water from any
natural source or delineated by applicable FEMA maps and studies as
being a special flood hazard area.
Soils in areas subject to periodic flooding and listed in
the Soil Survey of Adams County, Pennsylvania, U.S. Department of
Agriculture, Soil Conservation Service, May 1967, as may be amended
or updated, as being on the floodplain or subject to flooding. "Floodplain
soils" include, but are not limited to:
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas include but are not limited
to roofs, additional indoor living spaces, patios and decks, garages,
storage sheds and similar structures, streets, driveways, access drives,
parking areas, and sidewalks. Any areas designed to be covered by
loose surfacing materials such as gravel, stone and/or crushed stone,
and intended for storage of and/or travel by vehicles, or pedestrians
shall be considered impervious; however, a credit may be given for
pervious surface that are designed and maintained as such. The credit
shall be developed on a case-by-case basis. Surfaces or areas designed,
constructed and maintained to permit infiltration may be considered
pervious in terms of stormwater management; however, this definition
is not iterative throughout all definitions as determined by the Subdivision
and Land Development and Zoning Ordinances [e.g., impervious coverage
(as allowed per Zoning Ordinance) must include the pervious surfaces
such as porous concrete or pavers in the impervious area calculation].[1]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option 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 professional landscape architect registered by the Commonwealth
of Pennsylvania.
The area within the boundaries of a given lot that consists
of planting materials, including, but not limited to, trees, shrubs,
ground covers, grass, flowers, decorative rock, bark, mulch, and other
similar materials. At least 50% of the landscaping area must be covered
by live plant material at the time of plant maturity.
A plan prepared to demonstrate the additions of trees, plants,
and other natural and decorative features to the land, as may be required
by this chapter.
As described in the Highway Capacity Manual, Special Report
209 (Washington, D.C.: Transportation Research Board, National Research
Council, 1985, as may be amended from time to time), the quality of
traffic movement on a particular street or through a particular intersection.
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 a lot, excluding
any street or utility right-of-way or driveway easement providing
access to an adjoining property, or officially designated floodplain
located on the lot.
The horizontal distance measured between the street right-of-way
line and the closest rear property line measured perpendicular along
straight street rights-of-way and measured radially along curved street
rights-of-way. On corner and reverse frontage lots, the depth shall
be measured from the street right-of-way of the street of address
to the directly opposite property line.
The length of the front lot line measured at the street right-of-way
line.
That lot line that is described as the front property line
in the deed of said property unless otherwise specified in this chapter.
In the absence of a deed-described front property line, said line
shall be the centerline of the street right-of-way.
That lot line which is parallel to and most distant from
the front lot line of the lot. In the case of an irregular, triangular
or gore shaped lot, a line 10 feet in length, entirely within the
lot, parallel to, and at the maximum distance from, the front lot
line shall be considered the "rear lot line."
Any lot line other than a front or rear lot line.
The lines bounding a lot.
The horizontal distance between side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line. On corner
lots, lot width shall be measured between the right-of-way line for
the non-address street and the directly opposite property line along
the minimum building setback line, and at the street right-of-way
line along the street of address.
A lot abutting on, and at the intersection of, two or more
streets.
See "lot, through."
Any lot which is not a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets. The lot shall not be considered a through lot if
the street the lot fronts is an alley/service street, as defined in
this chapter.
Any intersection of one or more collector or arterial streets.
A metal pipe or pin of at least one-half-inch diameter and
at least 24 inches in length.
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.
Any unit that can be moved under its own power and without assistance
from another vehicle hall not qualify as a mobile home.
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.
A parcel or contiguous parcels of land which has been designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
A written approval as issued by the Borough Council, authorizing
a person to operate and maintain a mobile home park under the provisions
of this chapter.
The waiver or alteration of a requirement of this chapter
as may be approved by the Borough Council following written request
from an applicant.
A stone or concrete monument with a flat top of at least
four inches square; scored with an "X" to mark the reference point;
at least 30 inches in length; the bottom sides of which are at least
two inches greater than the top to minimize movements caused by frost.
Any parcel or area of land or water, or a combination of
land and water, within a development site that is free of non-recreation-related
improvements and impervious surfaces. Open space may or may not be
designed or intended for the use and enjoyment of, and direct access
by, residents of the development and shall not include areas devoted
to buildings, structures, driveways, access drives, parking lots,
street rights-of-way, and areas set aside for public facilities. Open
space may include both active and passive recreation activities.
OPEN SPACE, ACTIVELand which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).
OPEN SPACE, PASSIVELand used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to insure that it remains as open space.
The highest number of vehicles found or expected to be found
during the a.m. or p.m. hours, passing over a section of street in
60 consecutive minutes.
A land development involving the construction of 20,000 square
feet or more of building coverage, or any land development which requires
the construction, installation or extension of new public improvements,
including but not limited to streets, sewer and/or water lines, stormwater
management facilities or other similar infrastructure, regardless
of intended ownership of those facilities.
Any nonresidential subdivision, and any residential subdivision
plan proposing the creation of more than five residential lots or
dwelling units, or any residential subdivision which requires the
construction, installation or extension of new public improvements,
including but not limited to streets, sewer and/or water lines, stormwater
management facilities or other similar infrastructure, regardless
of intended ownership of those facilities.
A land development involving the construction of 5,000 square
feet or more and less than 20,000 square feet of building coverage
or parking lot expansions, and which does not require the construction,
installation or extension of new public improvements, including but
not limited to streets, sewer and/or water lines, stormwater management
facilities or other similar infrastructure.
A residential subdivision plan proposing the creation of
five or fewer residential lots or dwelling units and which does not
require the construction, installation or extension of new public
improvements, including but not limited to streets, sewer and/or water
lines, stormwater management facilities or other similar infrastructure.
A copy of the final plan which contains the original required
endorsements of the Borough and which is intended to be recorded with
the Adams County Recorder of Deeds.
An informal plan, indicating salient existing features of
a tract and its surroundings and the general layout of a proposed
subdivision or land development.
An application required by the Pennsylvania Sewage Facilities Act, Section 5(a) and (d); and Section 71.15 (b) and (c) of the Pennsylvania Department of Environmental Protection, Title 25: Rules and Regulations, Chapter 71, Administration of the Sewage Facilities Program, as amended.
The map or plan of a subdivision or land development, whether
preliminary or final.
An area provided for public or common recreational pursuits
pursuant to this chapter and the Borough's Zoning Ordinance.[2]
Any replatting or new division of land. Replattings shall
be considered as constituting a new subdivision of land. See definition
of "subdivision."
An examination of a plan to determine compliance with this
chapter, the Zoning Ordinance and other pertinent requirements.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipelines, water lines, sanitary storm sewer and other similar
uses to allow the right of one person to pass over the property of
another.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth, or other appropriate governing authority, and currently in existence.
ULTIMATE RIGHT-OF-WAYThe right-of-way as shown on the Street Classification Map, as appropriate to provide adequate width for future street improvements.
The Secretary of the Abbottstown Borough Council.
See definition for "street, alley/service street."
A line, generally parallel with and measured from the adjoining
road or street right-of-way or property line, defining the limits
of a yard in which no building or structure may be located.
A public or private sanitary sewer system.
PUBLIC SEWER SYSTEMAny system, including capped sewers, approved by the Pennsylvania Department of Environmental Protection and Abbottstown Borough, which collects sewage and/or industrial wastes of a liquid nature from two or more lots and treats and/or disposes such sewage and/or industrial wastes at an approved sewage disposal system.
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. All sight distance measurements shall be done in accordance
with the latest edition of PennDOT Design Manual Part 2, Highway Design
(Publication 13).
A parcel or contiguous parcels of land intended to have one
or more buildings or intended to be subdivided into two or more lots.
All land area within the site as defined in the deed. Area
shall be determined from an actual site survey rather than from a
deed description.
The remainder of the gross site area after subtracting all
lands within the existing roads or their ultimate rights-of-way and
all lands without development opportunities due to restrictions such
as drainage easements, restrictive covenants and conservation easements.
The Abbottstown Borough Solicitor.
Areas where the slope exceeds 15% which, because of this
slope, are subject to high rates of stormwater runoff and, therefore,
erosion.
A plan prepared by the developer or his representative indicating
how stormwater runoff will be managed at the development site in accordance
with the Abbottstown Borough Stormwater Management Ordinance.[3]
An existing or platted way dedicated for the use of the general
public, graded and paved or to be graded and paved, in order that
the general public has the right to pass and to use it at all times,
for the purposes of travel, transportation or parking to which it
is adopted, devoted, and not otherwise restricted. Streets are further
defined and classified as follows:
ARTERIALMajor regional highways, with full or partial access control, designed for a large volume of through traffic.
COLLECTORStreets designed to provide access between residential subcollector streets and arterial street. Access is controlled by limiting curb cuts and providing marginal access areas.
RESIDENTIAL SUBCOLLECTORStreets providing connection between local residential streets and collector street. An average daily traffic (ADT) count of up to 1,000 trips is expected.
LOCAL RESIDENTIALStreets used primarily to provide access to more heavily traveled streets for abutting properties in internally developed areas. An average daily traffic (ADT) count of up to 500 trips is expected.
RESIDENTIAL CUL-DE-SACA local residential street with only one vehicular traffic outlet. An average daily traffic (ADT) count of up to 250 trips is expected.
ALLEY/SERVICE STREETA minor way, whether or not legally dedicated, intended and used primarily for vehicular access to the rear or side of properties which abut on a street, and not intended for the purpose of through vehicular traffic, and be determined as such based on the dimensions of Article V, § 186-26C for right-of-way and cartway no matter the naming convention used; and frontage of structures shall be prohibited.
A map contained in the Zoning Ordinance which serves to categorize
existing Borough streets.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots, commonly known as the "right-of-way
line."
An area extending 1/2 mile along a street adjacent to the
site, in both directions from all proposed or existing access points;
or to and including a major intersection with a collector or arterial,
whichever area is greater.
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the development or subdivision of land,
as defined by this chapter, as the owner (or agent authorized thereby)
of the land being developed or subdivided.
The division or redivision of a lot or tract 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 devices, 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
exempt.
A subdivision of five or more lots, which is contiguous to
a planned road or street and which involves the construction of public
improvements.
A subdivision of no more than four lots which is not contiguous
or in the path of a planned road and does not involve the construction
of any public improvements.
A surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers and/or carries
surface water runoff.
One large lot or two or more contiguous lots which are held
in single and separate ownership.
An analysis prepared to assess the traffic impact of a proposed
land development, including recommendations to mitigate said impact.
The total count of trips expected to and from a particular
land use.
A study prepared to assess the impact of a proposed development
project on public or groundwater supplies in the area affected by
the proposed development and, further, to determine what mitigation
measures may be necessary to address such impacts.
Any municipal water supply system, or any system for the
supply and distribution of water to more than one user unit (dwelling,
business, institution, or combination thereof).
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, and similar areas.
The municipal official duly appointed by the Borough Council
of the Borough of Abbottstown to administer and enforce the Zoning
Ordinance of the Borough of Abbottstown.
The Zoning Ordinance of Abbottstown Borough, as amended.[4]
