Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings given
herein.
A.Â
Words used in the present tense imply also the future
tense.
B.Â
Words used in the singular imply also the plural.
C.Â
The words “person,” “subdivider,”
“landowner,” “developer,” and “applicant”
include a partnership, a corporation, and an incorporated association
of persons such as a club.
D.Â
The words “should” and “may”
are permissive; the words “shall” and “will”
are mandatory and directive.
As used in this chapter, the following terms
shall have the meanings indicated:
A private minor vehicular right-of-way, other than a street,
providing access from a street to a property or parking area within
a lot. For the purposes of this chapter, access drives shall be required
for all commercial, institutional (including but not limited to schools,
hospitals, and religious institutions), industrial, and multifamily
uses.
Any person, other than the subdivider, who, acting for the
subdivider, submits to the Planning Commission and Borough Council
subdivision or land development plans for the purpose of obtaining
approval thereof.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
Any landowner, lessee or his authorized agent who submits
a plan, data and/or application to the Zoning Officer or other designated
Borough official for the purpose of obtaining approval thereof.
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 plan or for the approval
of a land development plan.
The New Salem Borough Council.
A layer or layers of specified or selected material of planned
thickness placed and compacted on a subbase to support a surface course.
That portion of a building partly underground but having
1/2 or more of its height above the average level of the adjoining
ground. A basement shall be considered as a story in determining compliance
with building height restrictions.
A mark on a permanent object indicating elevation and serving
as a reference in land surveys.
An area bounded, but not traversed, by streets or other physical
barriers on all sides.
Any form of security, including a cash deposit, surety bond,
collateral, property, or instrument of credit, in an amount and form
satisfactory to the Borough Council.
The New Salem Borough Council.
Any structure on a lot, having a roof supported by columns
or walls, and intended for the shelter, housing or enclosure of persons,
animals, or property, including covered porches and bay windows.
The total area of outside dimensions, on a horizontal plane
at ground level, of the principal building and all accessory buildings.
A proposed schedule of all future projects, listed in order
of construction priority, together with cost estimates and the anticipated
means of financing each project. All major projects requiring the
expenditure of public funds, over and above the annual local government's
operating expenses, for the purchase, construction, or replacement
of the physical assets for the community are included.
That portion of a building partly underground and having
more than 1/2 of its clear height below the average level of the adjoining
ground. A cellar shall not be considered in determining the required
number of stories or building height.
The bed where a stream of water flows.
A man-made reservoir or tank used for storing rainwater.
An unobstructed vision of both approaches of an intersection,
as viewed by the driver, measured from the center lines of the intersecting
roads a certain distance prior to the intersection. Specific distances
vary with road function.
The New Salem Borough Planning Commission.
A central sewage disposal system which serves a given area
and is not publicly owned.
The plan, or parts thereof, which has been adopted by the
New Salem Borough Council, showing its recommendations for such systems
as parks and recreation facilities, water supply, sewerage and sewage
disposal, garbage disposal, transportation, civic centers and other
public improvements which affect the development of the Borough.
The maps or drawings accompanying a land development or subdivision
plat, showing the specific location and design of improvements to
be installed in the development or subdivision in accordance with
the requirements of the Planning Commission and/or Borough Council
as a condition of the approval of the plan.
A line on a topographical map connecting points of like elevation.
The amount which the Borough Engineer estimates that the
Borough would be required to expend in order to complete the improvements
proposed by a subdivider or land developer in a subdivision or land
development plan. In the event the subdivider or land developer cannot
complete such improvements within the time set forth in the subdivision
or land development plan or as otherwise agreed upon, the Borough
Engineer's estimate shall take into consideration anticipated inflation
in construction costs, bid preparation costs, and other costs which
the Borough will incur in the event it is required to complete the
proposed improvements.
York County, Pennsylvania.
A restriction placed on a deed and on subdivision or land
development plans stipulating certain requirements the deed holder
must meet or preventing the deed holder from using the property for
certain purposes.
A profile of the existing ground at right angles to the center
line.
A right-of-way, municipally or privately owned, at least
10 feet wide, which cuts across a block to furnish access for pedestrians
to adjacent streets or properties.
The height of the center of a roadway surface above its edges.
A constructed passageway or conduit to carry drain water
underground.
The raised edge of a pavement that confines surface water
to the roadway and protects the abutting land from vehicular traffic.
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder, along which curbing is or
may be located.
The allocation by a landowner of a certain land area for
public use or common use, such as for a street, park or parking lot.
A legal document conveying or indicating ownership of real
property.
Covenants or other provisions attached to deeds, specifying
such restrictions as the type of structure that can be constructed
on a lot, building lines, minimum construction cost, etc.
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 land development; often used interchangeably with “subdivider”
and “applicant.”
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation, or drilling operations, and the subdivision
of land.
A permanent or limited right-of-use which substantially conforms
to the existing alignment of a watercourse, stream, channel or other
drainageway.
Any ditch, gutter, pipe, 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, recreational areas, or any part of any subdivision or contiguous
land areas.
A system of drainpipes, conduits, or tiles installed below
the earth surface to remove surface or subsurface water or sewage.
An improved surface for vehicular travel which provides access
between a street and a lot. For the purposes of this chapter, drives
for all residential uses, except multifamily, and all agricultural
uses shall be considered driveways.
The narrowest width of a driveway, measured perpendicular
to the center line of the driveway.
A limited right-of-use granted on private land for public
use or private use by another party or parties, or a protective condition,
as in the case of drainage easements, for protection and/or preservation
of a specified area.
The right to leave a tract of land. This term is used interchangeably
with “access.”
A vertical distance to a point above or below a known datum
line.
An unauthorized extension of a structure, or part of it,
upon land owned by someone other than the owner of said structure
or upon land having some other restriction, such as in the case of
wetlands.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The wearing away of earth or rock by the elements.
A deposit of cash with the local government in lieu of an
amount required and still in force on a performance or maintenance
bond.
Embankment of earth or broken rock.
The top surface elevation of lawns, walks, drives or other
improved surfaces after completion of construction or grading operations.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The Borough Council of New Salem Borough.
The slope, or rate of increase or decrease in elevation,
of a surface, road, or pipe, usually expressed in percent or in inches
of rise or fall per horizontal linear foot.
All construction operations between site clearing and paving.
Grading includes all excavating, hauling, spreading, and compacting
operations.
That portion of a right-of-way carrying surface drainage.
A condition, not caused by the applicant, for which said
person may request a modification.
Those paved surfaces that do not absorb precipitation. Areas
including but not limited to parking areas, driveways, roads, sidewalks,
patios and any similar areas of concrete, brick or asphalt shall be
considered impervious surfaces. In addition, all buildings and structures
shall be considered as impervious surfaces for computations of lot
coverage.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, grading, street signs and plantings, and other
items for the welfare of the property owners and the public.
The right to enter a tract of land; often used interchangeably
with “access.”
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.
The following activities are excluded from the
definition of land development only when such land development involves:
The addition of an accessory building, including
farm buildings, 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 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.
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 grant of the use of lands or property for a specified period
of time in consideration of the payment of a fee for such use, usually
in monthly or annual rental.
A map showing the site with relation to adjoining areas.
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 an individual parcel of land, excluding any area within a street right-of-way, but including the area of any easement. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot which area in and of itself contains the minimum lot area required by Chapter 240, Zoning.
A percentage which, when multiplied by the lot area, will
determine the permitted area that can be covered with an impervious
surface, e.g., buildings, structures, driveways, parking areas and
sidewalks.
The mean horizontal distance of a lot from the front street
line to its rear lot line.
Any building, structure, place, work of art, or other object,
or improvement of the land on which they are situated, constituting
a physical betterment of real property, or any part of such betterment.
The lines bounding a lot as described in the recorded title;
also referred to as “property lines.”
The required continuous distance between the side property lines (or in the case of corner lots, between a front and side property line), measured along a single street right-of-way line. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot which contains the minimum lot width required by Chapter 240, Zoning.
A description of land by courses and distances.
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 can be used without a permanent foundation.
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.
That part of an individual mobile home lot which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The granting of an exception to these regulations which,
in the opinion of the Borough, will not be detrimental to the general
welfare, nullify the objectives of these regulations or conflict with
the Comprehensive Plan.
New Salem Borough.
The elevation of the original or undisturbed natural surface
of the ground.
A map prepared by an official planning body and adopted by
the Borough Council as a designation in advance of areas for later
public acquisition of land for use as streets, parks, or other public
facilities.
Something located or occurring outside the property lines
of the land that is the subject of a subdivision or land development
plan and which is not located on any contiguous portion of a street
right-of-way.
Parking spaces located on private property which have direct
usable access to a street.
Something located or occurring within the property that is
the subject of a subdivision or land development plan or on a contiguous
portion of a street right-of-way.
The owner of record of a lot or parcel of land.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land shall be considered contiguous
even though separated by public or private roads.
A geographically delineated area, usually but not necessarily
owned and maintained by a governing body, intended to serve the recreational
or leisure-time needs of a certain population.
A wall, used jointly by two parties under easement agreement,
erected upon a line separating two parcels of land, each of which
is a separate real estate entity.
Any security, in an amount and form satisfactory to the Borough
Council, which may be accepted in lieu of a requirement that certain
improvements be made prior to final plan approval.
Any individual, firm, partnership, company, corporation,
trustee, association, municipality, county, authority, the Commonwealth
of Pennsylvania or any public or private entity.
The map of a subdivision or land development, including all
supplementary data, whether sketch, preliminary or final.
FINAL PLANA complete and exact subdivision or land development plan, prepared as for official recording, to define property rights and proposed streets and other improvements.
PRELIMINARY PLANA tentative subdivision or land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
RECORD PLANAn exact copy of the approved final plan prepared for necessary signatures and recording with the York County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision for discussion purposes only and not to be presented for approval.
The New Salem Borough Planning Commission (unless otherwise
noted).
A plan composed of the appropriate Department of Environmental
Protection applications that are required when there is a change to
the Official Sewage Plan of New Salem Borough.
A map, plan or layout showing the subdivision of land or
land development and indicating the location and boundaries of individual
properties.
A line on a drawing which shows elevations of points along
a selected route. A profile usually shows both ground elevations and
grade-line elevations.
A lot, including all buildings and improvements thereon.
A recorded boundary of a lot or tract.
Includes:
Any drainage ditch, roadway, sidewalk, pedestrianway, tree,
lawn, off-street parking area, lot improvement, or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation or which may affect an improvement for
which local government responsibility is established.
A notice which the Borough is required to publish prior to
any public meeting or public hearing in accordance with current advertising
requirements.
A sewage disposal system which is owned and operated by a
local government authority or by a local public utility company controlled
by a government authority.
A use that will serve the general public, as distinguished
from only certain individuals.
A private or public corporation operating under a more-or-less
exclusive franchise, regulated by governments, to provide a certain
service or product to the general public, e.g., gas, electricity,
telephone, transportation.
A water supply system which is owned and operated by a local
government authority or by a local public utility company controlled
by a government authority.
The distance from the center of a circle to the circumference
of that circle.
Placing a change in the ownership of real estate on public
record, usually in a courthouse.
A reserved open space area provided with appropriate facilities
for use by occupants or residents for recreational purposes, such
as picnicking, games, and informal outdoor gatherings.
A parcel in separate ownership separating a street from other
adjacent parcels or from another street.
Any change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved thereon for public use or any lot line.
A lot extending between and having frontage on a minor street
and either an arterial street or collector street, with vehicular
access solely from the minor street.
A legal right-of-passage across land occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
or for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder;
also referred to as “travelway” or “cartway.”
Any immediate or future transfer of ownership, or any possessory
interest in land, including contract of sale, lease, devise, intestate
succession, or transfer, of any interest in a subdivision or part
thereof.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water-carried wastes from residences, commercial buildings,
industrial plants, and institutions to a wastewater treatment plant
for treatment and discharge (not including septic tanks).
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining zones or on
adjoining lots the structures and uses on the premises on which the
screen planting is located.
The Secretary of the New Salem Borough Planning Commission.
A structure housing operational, office, recreational, park
maintenance and other mobile home park facilities.
The required horizontal distance between a structure and
a property or street line.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful to the public
health, or to animal or aquatic life, or to the use of water for domestic
water supply or for recreation, or which constitutes pollution under
the Clean Streams Law, as amended.[1]
The official of New Salem Borough who issues and reviews
permit applications and conducts such investigations and inspections
as are necessary to implement the Pennsylvania Sewage Facilities Act,
as amended, and the rules and regulations thereunder.[2]
A system of underground pipes designed to carry sewage or
surface water from one point to another.
The graded part of a road on each side of the roadway.
A paved walkway, constructed solely for use by pedestrians.
The length of highway visible to the driver.
The total area of a proposed development, regardless of interior
lot lines or proposed lots, streets or easements.
An inclined surface.
A profile, taken longitudinally, showing the surface of the
ground and the approximate layers of soil and rock.
A large pipe or small structure used to carry to an outlet
the water collected by surface drainage.
Runoff from the surface of land resulting from precipitation.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, viaduct
and any other ways used or intended to be used by vehicular traffic
or pedestrians, whether public or private. Streets are further classified
as follows:
ARTERIAL STREETA street or road which is used primarily for through traffic, including all roads identified in the Borough Comprehensive Plan as arterial streets.
COLLECTOR STREETA street or road which carries traffic from minor streets to the major system of arterial streets, including but not limited to the principal entrance streets of a residential development and all roadways identified in the Borough Comprehensive Plan as collector streets.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DEAD-END STREETA road or portion of a street with only one vehicular traffic outlet.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than required for a satisfactory improvement and use of the street.
MARGINAL-ACCESS STREETA minor street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street which is used primarily for local access to the abutting properties and which discourages through traffic.
SERVICE STREETA street right-of-way which is used to provide secondary vehicular access to the rear or side of two or more properties; also referred to as “lane” or “alley.”
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts at the midway 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 abutting properties or lots; commonly known as the
“street right-of-way line.”
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, private residential lanes, access drives, walkways
and parking areas. For all regulatory purposes, all buildings are
considered structures.
The layer of material used to provide support for the base
course and to allow water to drain from beneath the pavement.
Any person, firm, partnership or corporation who subdivides
land deemed as a subdivision, as defined by this chapter, and/or said
person, firm, partnership or corporation acting as owner or authorized
agent of the landowner; often used interchangeably with “applicant”
and “developer.”
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.
MAJOR SUBDIVISIONA land subdivision involving six or more lots or a land subdivision involving five lots or less and requiring new streets or other public improvements.
MINOR SUBDIVISIONA land subdivision involving five lots or less and involving no new streets or other public improvements.
The elevation established to receive top surfacing or finishing
materials.
Where, in the judgement of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied or operated
for its intended use.
One or more layers of pavement designed to take care of the
traffic load, the top layer of which resists skidding, traffic wear,
and weathering.
A professional surveyor registered as such in the Commonwealth
of Pennsylvania.
A man-made or natural depression in grade for drainage of
surface water.
Improvements built and maintained by a subdivider during
construction of a land development or subdivision and prior to release
of the performance bond.
An area of land which may comprise the entire area or a subpart
of a parcel. Individual “tracts” within a parcel of land
shall not constitute separate lots for the purpose of construction,
permitting, or for the purposes of this chapter. Such tracts contained
within a parcel shall be considered descriptive only.
A system of piping and appurtenances, whether municipally
or privately owned, designed for the collection and transmission of
liquid and water-carried wastes from residences, commercial buildings,
industrial plants, and institutions to a central wastewater treatment
plant for treatment and discharge (not including septic tanks).
A system of piping and appurtenances, whether municipally
or privately owned, designed for the transmission and distribution
of safe, potable water from a centralized water supply or source to
residences, commercial buildings, industrial plants, or institutions
(not including individual on-lot wells).
Any channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Usually an elevated area that separates the drainage areas
of rivers; also, the area so drained.
The top layer of a surface course of pavement.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
including swamps, marshes, bogs, and similar areas. The term includes
but is not limited to wetland areas listed in the State Water Plan,
the United States Forest Service Wetlands Inventory of Pennsylvania,
the Pennsylvania Coastal Zone Management Plan, and any wetland area
designated by a river basin commission.
A prescribed open area on a lot, unobstructed from the ground
upward.
