The following words are defined in order to facilitate the interpretation
of the chapter for administrative purposes and in the carrying out
of duties by appropriate officers. Unless otherwise expressly stated,
the following words shall, for the purpose of this chapter, have the
meaning herein indicated. Words used in the present tense include
the future tense. The singular includes the plural. The word "person"
includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity. The terms "shall and will,"
"will" and "must" are always mandatory. The words "should" or "may"
are permissive. 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 used or occupied." The word "erected" shall be inclusive
of the words "constructed, altered or moved."
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 of another owner nor of resuming the use of
the property.
Buildings which physically touch. Areas of contiguous lots
that share a common lot line, not including lots entirely separated
by a street, public alley open to traffic, or a perennial waterway.
Private drives which provide vehicular movement between a
street and a tract of land containing any use other than a single-family
dwelling unit or a farm.
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.
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land. (See "abut.")
Any person other than the applicant who, acting on the landowner(s)
authorized behalf, submits a subdivision or land development application.
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.
See "revision, plan."
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
An official change to this chapter in accordance with the
Pennsylvania Municipalities Planning Code.
A landowner or developer (as herein defined) who has filed
an application for development including his personal representatives,
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
or for the approval of a subdivision plat or plan or for approval
of a land development plan.
See "buffer area."
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The total lot area, less public right-of-way.
A body politic and corporate created pursuant to the Municipalities
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The elevation above sea level, based on the vertical datum
in the current Flood Insurance Rate Maps for the municipality of the
one-hundred-year flood.
An area bounded by streets, railroad rights-of-way, waterways
and other definite barriers.
The Mount Holly Springs Borough, Cumberland County, Pennsylvania;
Borough Council, its agents or authorized representatives.
The Borough Council of the Mount Holly Springs Borough.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass, or other landscaping material and within which
no structure is permitted except a wall or fence.
An open area whose dimensions normally exceed the normal
building setback or yard requirements used to protect low-density
uses and zoning districts from adjacent higher-density uses and districts.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
See "area, building."
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.
An individual designated by the appointing authority to enforce
the provisions of the building code. Includes Code Enforcement Officer.
A line parallel to the front, side or rear lot line set to
provide the required yard.
Written permission issued by the proper municipal authority
for the construction, repair, alteration, or addition to a structure.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way,
and the line defining side and rear yards, where required.
[1]A structure added to the original structure at some time.
A building in which is conducted the primary use of the lot
on which it is located, and which is not an accessory building.
The diameter of a tree trunk measured in inches six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A line located exactly in the center width of a road or street
cartway, right-of-way, easement, or access.
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines. Within this clear-sight triangle nothing is to
be 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.
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A development technique used for the purpose of concentrating
building construction in specific areas of a site while allowing the
remaining land area to remain open space for the preservation of environmentally
sensitive features, recreation, or other.
The Mount Holly Springs 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, including all common elements designated for the
use of all dwelling unit owners.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development plan, designed and intended
for the use or enjoyment of residents of the development plan and,
where designed, the community at large. Common open space does not
include rights-of-way, off-street parking areas, and areas set aside
for public facilities. Common open space shall be substantially free
of structures, but may contain such improvements as approved in the
development plan that are appropriate to recreational and other open
space areas of any schools or churches to be included within the proposed
development.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
P.O. 805, No. 247, as amended and reenacted, consisting of maps, charts
and textual material, that constitutes decisions about the physical
and social development of a borough, city, or township, as amended
from time to time.
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually, and the structure,
common areas, and facilities are owned by all the owners on a proportional,
undivided basis. It is a legal form of ownership of real estate and
not a building style. The purchaser has title to the interior space
in the building and an undivided interest in parts of the interior,
the exterior, and other common elements.
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.
The construction, 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 coterminous. 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.
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/cul-de-sac."
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 Mount
Holly Springs 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 usually runs with the
land and is binding upon subsequent owners of the property. The governing
body is not responsible for enforcing a deed restriction, unless the
restriction resulted from a condition or stipulation of the subdivision
or land development approval process.
The number of families, individuals, dwelling units, or housing
structures per gross acre of land.
Pennsylvania Department of Environmental Protection.
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
thereunder. Determinations shall be appealed only to the boards designated
as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
The provisions for a planned development, including 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.
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 that 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 access for vehicles to park in a parking space,
garage, dwelling, or other structure.
See "dwelling, single-family, semidetached."
One or more rooms used for living and sleeping purposes and
having a kitchen(s) with fixed cooking facilities, toilet, and bathroom
facilities and arranged for occupancy by not more than one family.
See "manufactured home."
A building designed, occupied, or used by three or more families
living independently of each other, wherein each dwelling unit shall
contain private bath and kitchen facilities.
A building used by one family and having two party walls
in common with other buildings (such as row house or townhouse), except
that end units have only one party wall.
A building used by one family, having only one dwelling unit
and having two side yards.
A building used by one family, having one side yard and one
party wall in common with another building. (Commonly referred to
as a "duplex.")
A building used by two families, with one dwelling unit arranged
over the other and having two side yards.
Activity resulting in movement of earth or stripping of vegetative
cover from the earth.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation, or another
person or entity.
See "drainage easement."
A right-of-way granted for limited use of land for public
or quasi-public purpose.
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 63 P.S. § 149; however, a professional engineer may perform
engineering land surveys.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock, or any other
similar materials is dug into, cut, quarried, uncovered, removed,
displaced, relocated, or bulldozed. It shall include the conditions
resulting therefrom.
The vertical location of the ground surface prior to excavation
or filling.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy or to protect
the property so screened or divided, or to define and mark the property
line. For the purpose of this chapter, a freestanding masonry wall
when so located is considered to be a fence; also for the purpose
of this chapter when the term "lot line" is used in relation to fences,
it shall be synonymous with "rear yard lot lines," "side yard lot
lines," and "front yard lot lines."
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
therefrom. 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.
A temporary inundation of normally dry land.
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
is necessary to define its boundary.
The outer boundary of an area of land that is likely to be
flooded once every 500 years (i.e., that has 0.2% chance of being
flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
is necessary to define this boundary.
An official floodplain map issued by the Federal Insurance
Administration.
A flood, which is likely to be equaled or exceeded once every
100 years (i.e., that has a one-percent chance of being equaled or
exceeded in any given year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
as necessary to define this flood.
A flood which is likely to be equaled or exceeded once every
500 years (i.e., that has a 1/5 of 1% chance of being equaled or exceeded
in any given year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
as necessary to define this flood.
A relatively flat or low land area that is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The zoning district that regulates the channel and the relatively
flat area adjoining the channel of a natural stream or river that
has been of may be covered by floodwater.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. With regard to nonresidential
structures, the term "floodproofing" shall also mean that the structure,
together with attendant utility and sanitary facilities, be designed
so that any space below the regulatory flood elevation is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydromatic loads and effects of buoyancy.
The areas identified as floodway in the Flood Insurance Study
prepared by the FEMA. The term shall also include floodway areas that
have been identified in the other available studies or sources of
information for those floodplain areas, where no floodway has been
identified in the Flood Insurance Study.
The areas identified as floodway in the AE Zone in the Flood
Insurance Study prepared by FEMA. The term shall also include floodway
areas that have been identified in other available studies, or sources
of information from those floodplain areas where no floodway has been
identified in the Flood Insurance Study.
Those portions of land within the Floodplain District subject
to inundations by the one-hundred-year flood, beyond the floodway
in areas where detailed study and profiles are available.
Mount Holly Springs Borough Council, Cumberland County, Pennsylvania.
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 is not
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 this chapter.
A community association that is organized in a development
in which individual owners share common interests in open space or
facilities.
Any street for which the Mount Holly Springs Borough, or
commonwealth has maintenance responsibility, and which is paved with
an approved hardtop surface.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, streetlights, and signs; fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and other public
utilities; street shade trees; and improvements to existing watercourses.
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 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 a farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of a building for rides within the
confines of an enterprise, which would be considered an amusement
park. For the purpose 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 comply to newly acquired
acreage by an amusement park until initial land for the expanded area
has been approved by the proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee having
a remaining term of not less than 40 years, or other person having
a proprietary interest in the land shall be deemed to be a landowner
for the purpose of this chapter.
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 so an informed decision can be made by Mount
Holly Springs Borough.
A designated parcel, tract, plat, 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.
LOT AREAThe area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads.
LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
LOT INTERIORA lot other than a corner lot.
LOT, MINIMUM WIDTHThe horizontal distance between the side lines of a lot measured at the front lot line.
LOT, REVERSE FRONTAGE (DOUBLE FRONTAGE, THROUGH)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 classifications, access to the lot shall be from the lower classified roadway.
The boundary lines of a lot as defined herein.
FRONT LOT LINEThe lot line separating a lot from a street right-of-way. In the case of a corner lot or a lot abutting a street right-of-way on more than one side, there shall be two front lot lines.
REAR LOT LINEThe 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 lines and two side lot lines.
SIDE LOT LINEAny lot line other than a front or rear lot line. A corner lot shall have two front lines and two side lot lines.
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and reverse frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
See "lot, reverse frontage."
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.
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 "lot, reverse frontage."
See "subdivision, major."
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401), commonly known as the "U.S. Department of Housing
and Urban Development (HUD) 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 lot.")
See "subdivision, minor." —
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.
See "lot, mobile home."
A parcel or contiguous parcels of land that has been so designed
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
Relief from this chapter's provisions granted by the Mount Holly Springs 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 IX.)
The simultaneous physical introduction of two or more connected
concrete structures (i.e., slab with curb) into the final location
where it is to harden and cure. For the purposes of this chapter,
concrete structures include (but are not limited to) sidewalks, curbing,
ramps, or other structure associated with pedestrian accessibility.
A tapered, permanent survey reference point of stone or cement
having a diameter of four inches with a length of 30 inches.
The Mount Holly Springs Borough Authority.
The Borough of Mount Holly Springs.
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 wildlife, human recreation,
reduction of climatic stress, or energy costs. Such features include
those which, if disturbed, may cause hazards or stress or energy costs.
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 downstream to the damage
of life and property.
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."
Common 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.
See "landowner."
The Pennsylvania Department of Environmental Protection.
See "Pennsylvania Municipalities Planning Code."
A 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 tract of land designated and used by the public for active
and passive recreation.
See "parking lot."
Any lot municipally or privately owned for off-street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles. Such parking services may be provided as a
free service or may be provided for a fee.
The space within a building, or on a lot or parking lot,
for the parking or storage of one automobile.
The Pennsylvania Department of Transportation.
Act 247 of 1968, as reenacted and amended.
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.
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 Borough Council.
Mount Holly Springs Borough Planning Commission.
The map or plan of a subdivision or land development whether
preliminary or final. (For the purpose of this chapter, the terms
"plat" and "plan" have the same meaning.)
An initial meeting between developers and the Code Enforcement
Officer and/or Municipal Engineer which affords applicants and/or
developers the opportunity to present their proposals informally.
Not publicly owned, operated, or controlled.
A non-public right-of-way which provides vehicular access
to two or more lots.
The profile of the center line of the finished surface of
the street, which shall be midway between the sidelines of the street.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.
Owned, operated, or controlled by a government agency, whether
federal, state, or local, and including any corporation created by
law for the performance of certain specialized governmental functions,
or any public school district.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. The 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, or township; or county, state, or federal governments
and open to public use.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, card games, checkers,
and similar table games.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 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 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 change or a set of changes that substantially modifies,
corrects, or improves a previously submitted plan.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation and intended to be occupied
or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer, and
other similar uses.
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.
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 toilets, 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 storm, surface, 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.
The provision of a barrier to visibility, airborne particles,
glare, and noise between adjacent properties, uses, or districts,
composed entirely of trees, berm, shrubs, hedges, sight-tight fences,
or other similar-type materials.
An underground system with a septic tank used for the decomposition
of domestic wastes.
See "alley."
See "building setback line."
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.
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.
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.
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 having banks and a channel through which waters
flow at least periodically.
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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
The dividing line between the street or road and the lot,
also known as the "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 U.S. 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 that 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 turnaround.
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 that 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, 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.
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.
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.
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 residential
dwellings, 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 PAMPC Section 509) 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 that 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.
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, ACCESSORYA 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.
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;
A closely regulated private enterprise with an exclusive franchise
for providing a public service.
An unincorporated settlement that is part of a township where
residential and mixed-use densities of one unit to the acre or more
exist or are permitted and commercial, industrial, or institutional
uses exist or are permitted.
See "modification/waiver."
A water facility providing potable water to individual lots
or to the public for human consumption.
All water systems that 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 that 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.
The surface layer of a pavement that takes the wear of traffic.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
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For the purposes of this chapter, the term includes but is not
limited to, wetland areas listed in the State Water Plan, the U.S.
Forest Service Wetland Inventory of Pennsylvania, the U.S. Fish and
Wildlife National Wetlands Inventory, and wetlands designated by the
Susquehanna River Basin Commission.
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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.
See "district, zone."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.)
A section of a municipality designated in the text of Chapter 500, Zoning, of the Borough of Mount Holly Springs, 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 the Borough, which shall be part of this chapter.
The administrative officer appointed by the Borough Council
to administer the Zoning Ordinance[2] and issue zoning permits.
A document signed by a Code Enforcement Officer, as required in Chapter 500, Zoning,, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.
