[Ord. 1113, 1/19/2010]
As used in these regulations, words expressed in the singular include their plural meanings, and words expressed in the plural include their singular meanings. The word "person" includes a corporation, unincorporated association, and a partnership or other legal entity as well as an individual. The words "building" and "street" are used generally and shall be construed as if followed by the phrase "or part thereof." The word "building" includes "structure." The words "should" and "may" are permissive; the words "shall" and "will" are mandatory, subject to the provisions of § 22-702 hereof.
[Ord. 1113, 1/19/2010]
Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated. Words used in this chapter and not defined herein but defined in Chapter 8, Floodplains, Chapter 26, Water, or Chapter 27, Zoning, of the Mechanicsburg Borough Code shall have the meanings therein indicated.
[Ord. 1113, 1/19/2010]
As used in this chapter, the following terms shall have the
meanings indicated:
A public thoroughfare, other than a minor street, which affords
a secondary means of access to an adjoining lot and is not intended
for general traffic circulation.
A landowner or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application as
part of this chapter.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to subdividing land or the
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 development plan.
An area bounded by streets, rights-of-way, streams or other
similar natural features.
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
The governing body of Mechanicsburg Borough, Cumberland County,
Pennsylvania.
Any structure affixed to the land, having a roof supported
by columns or walls and intended for the shelter, housing, or enclosure
of persons, animals, or property, including covered porches or bay
windows and chimneys.
The line within a lot defining the required distance permitted
between any principal or accessory structure from the adjacent front,
side and/or rear lot line(s).
The portion of a right-of-way, street or alley which is improved,
designated, or intended for vehicular use.
An area of unobstructed vision at the intersection between
one or more of the following: a street, alley, driveway and/or access
drive locations to a lot. It is defined by lines of sight between
points at a given distance from the intersection of the right-of-way
lines associated with said locations.
The Planning Commission of the Borough of Mechanicsburg,
Pennsylvania.
Part of a right-of-way or privately owned land, intended
and/or designated to provide pedestrian travel across a right-of-way.
A street intersecting another at one end and terminating
at the other in a vehicular turnaround.
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.
See Chapter 8, Floodplains, of the Mechanicsburg Borough Code.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who proposes, makes, or causes to be
made a subdivision of land and/or land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land and/or land development.
Any ditch, swale, 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, recreational areas, or any part of any subdivision
and/or land development or contiguous land areas.
A privately owned, constructed, and maintained vehicular
access from a street to a principal building(s) or an accessory building(s)
which does not meet the definition of a "street," "access drive,"
"alley" or the like.
A building or structure designed for occupancy or living
quarters for one or more persons or families.
MOBILE HOMEA transportable, single-family detached dwelling intended for permanent occupancy, contained in one unit or 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. For floodplain management purposes, this definition includes park trailers, travel trailers, and other similar vehicles located on site for greater than 180 consecutive days.
MULTIFAMILYA building used by two or more families living independently of each other and doing their own cooking, including apartment houses, wherein each dwelling unit or apartment shall contain its own private kitchen and bathing facilities.
SINGLE-FAMILY, ATTACHEDA dwelling used for one family but having at least one party wall in common with another dwelling.
SINGLE-FAMILY, DETACHEDA building used solely by one family within one dwelling unit surrounded completely by open space on the same lot.
TWO-FAMILY, DETACHED (DUPLEX)One building used by two families, with one dwelling unit arranged over the other.
More than one habitable room used for living and sleeping
purposes and having its own kitchen with fixed cooking, refrigeration
and plumbing facilities and its own sanitation facilities with bath
and toilet fixtures, all arranged for independent occupancy by one
family or a single person.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation, or another person
or entity.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by Ord. 1170, 3/16/2021]
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of engineer as herein
specified.
An individual licensed and registered engineer under the
laws of the Commonwealth of Pennsylvania to engage in the practice
of engineering. A professional engineer may not practice land surveying
unless licensed as set forth in P.L. 534, No. 230; however, a professional
engineer may perform engineering land surveys.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed; it shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported, or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. Fill
also can refer to the difference in elevation between a point on the
original ground and a designated point of higher elevation on the
final grade.
See Chapter 8, Floodplains, of the Mechanicsburg Borough Code.
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.
Any street for which the Borough, county, 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, swales, detention/retention basins, paving, curbing, streetlights
and signs, fire hydrants, water mains, electric service, gas service,
sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts,
and street shade trees.
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
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.[1]
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, if he
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
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 as a unit.
The area contained within the property lines of a lot as
shown on a subdivision plan or deed, excluding space within any rights-of-way,
but including the area of any easement.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added by Ord. 1170, 3/16/2021]
Subdivision of more than five residential lots or units of
occupancy with public improvements and/or land development greater
than 10,000 square feet; renovation/conversion/expansion of existing
buildings/structures for nonresidential and/or mixed-use purposes;
or any nonresidential land development.
The Borough Manager appointed by the Borough Council.
Subdivision of land into three or more lots or units of occupancy
with no public improvements and no land development; subdivision of
up to five residential lots or units of occupancy with public improvements
and/or land development of greater than 2,500 square feet to less
than 10,000 square feet; or renovation/conversion/expansion of existing
buildings/structures for nonresidential and/or mixed-use purposes.
The Municipal Authority of the Borough of Mechanicsburg.
The Borough of Mechanicsburg, Pennsylvania.
See Chapter 8, Floodplains, of the Mechanicsburg Borough Code.
Any person having any title or interest whatsoever in any
land subdivision and/or land development, as those terms are defined
in this section.
A large open space used for recreation. It may include trails
and paths, open lawns, recreation fields, and trees.
The Mechanicsburg Recreation Commission.
An individual(s), partnership(s), copartnership(s), association(s),
corporation(s), limited-liability company(ies), limited-liability
partnership(s), and any and all other entities.
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.
The Mechanicsburg Borough Planning Commission, appointed
by the Borough Council in accordance with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[2]
The Borough Engineer, Zoning Officer or other personnel designated
by the Borough Manager or Borough Council.
The Comprehensive Plan and/or Development Policy Plan (Master
Plan) and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan
and/or Official Map or other such plans, or portions thereof, as may
be adopted, pursuant to statute, for the area of the municipality
in which the subdivision and/or land development is located.
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of a proposed subdivision and/or land development for discussion
purposes only and not to be presented for approval.
A complete and exact subdivision and/or land development
plan prepared for necessary signatures and official recording, as
required by statute, with the Cumberland County Recorder of Deeds,
defining property rights and proposed streets and other improvements.
A tentative subdivision and/or land development plan, in
lesser detail than a final plat, showing the salient existing features
of a tract and its surroundings and approximate proposed streets and
lot layout as a basis for consideration prior to preparation of a
final plat.
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
The profile of the center line of the finished surface of
the street, which shall be midway between the side lines of the street.
Includes the following:
See "improvements."
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A narrow parcel of ground separating a street from other
adjacent properties.
Any individual maintaining a voting address in the municipality
within 1,000 feet of the proposed subdivision and/or land development,
owning real estate in his own or joint names. A tenancy in common
or any other means of joint ownership shall be considered as an individual;
however, the signature of any single joint owner shall be notarized
and considered as binding the others.
Any approved subdivision or transfer of land, laid out on
a plan, which changes or proposes to change property lines and/or
public rights-of-way not in strict accordance with the approved plan.
A lot extending between and having frontage on a major street
and a minor street, with vehicular access solely from the latter.
A strip of land acquired by grant, reservation, dedication,
prescription or condemnation and intended to be occupied or occupied
by a street, alley, lane or the like, interior walk, crosswalk, railroad,
electric transmission lines, oil or gas pipeline, waterline, sanitary
or storm sewer, and other similar uses; generally, the right of one
to pass over, under or through the property of another.
See "cartway."
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.
The Mechanicsburg Area School Board.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A covered pit with open-jointed lining through which the
septic tank effluent may seep or leach into the surrounding soil.
A watertight tank in which raw sewage is broken down into
solid, liquid, and gaseous phases to facilitate further treatment
and final disposal.
See "alley."
Any structure designed to eliminate sanitary sewage within
the boundaries of the building site.
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.
The length of street visible to the driver of a passenger
vehicle at any given point on the street when the view is unobstructed
by traffic.
Subdivision of a lot into two lots with no public improvements
and no land development; subdivision for open space or green space
purposes only, less than 2,000 square feet; renovation/conversion/expansion
of existing buildings/structures for nonresidential and/or mixed-use
purposes; revision, correction or creation of easements, lot line
revisions or corrections, or consolidation of two or more lots into
one lot.
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.
A field test conducted to determine the absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of the soil for on-site sewage disposal.
Chemical or structural treatment designed to increase or
maintain the stability of a mass of soil or otherwise to improve its
engineering properties.
A strip of land, including the entire right-of-way in the case of a public street, intended primarily as a means of vehicular travel and which may also be used to provide space for sewers, public utilities, shade trees, and sidewalks. Streets may be classified as a public street offered or required to be offered for dedication or a private street or streets not offered or not required to be offered for dedication. Streets are further classified in § 22-603 of this chapter.
COLLECTORA street or highway which carries traffic from minor streets to major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
CUL-DE-SACA local street intersecting another street at one end and terminating in the form of a loop at the other end or a dead-end street provided with a terminus in the form of a loop.
MINORA street used primarily for local access and to service abutting properties.
MAJORStreets serving large volumes of comparatively long-distance traffic at high speed and intended primarily for intercity and commuter traffic, and including facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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
dwelling, shall be exempted. The types of subdivision shall be defined
in accordance with "Applicability" provided on Table 1.[3]
A plan showing all present and proposed grades and facilities
for stormwater drainage.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A lot which abuts a street on two or more opposing or nonadjacent
sides.
A system of open-jointed or perforated pipes laid in the
upper strata of the soil for absorption.
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 or land in parcels which has not been graded or in
any other manner prepared for the construction of a structure.
A stream of water; river; brook; creek; or a channel or ditch
for water, whether natural or man-made.
Any waterworks, water supply works, water distribution system,
or part thereof, designed, intended or constructed to provide or distribute
potable water.
