[Ord. 663, 6/20/1985, § 201]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this Chapter, have the meaning indicated below.
Words used in the singular include the plural, and words used in the
plural include the singular. The word "person" indicates a corporation,
an unincorporated association, a partnership or any other entity,
as well as an individual. The word "buildings" includes structures
and shall be construed as if followed by the words "or a part thereof."
The word "street" includes "highway," "road," "avenue" and "lane."
The word "watercourse" includes "drain," "ditch" and "stream." The
word "may" is permissive; the words "shall" and "will" are mandatory.
[Ord. 663, 6/20/1985, § 202; as amended by Ord.
829, 11/15/2001; and by Ord. 897, 7/17/2008]
APPLICANT — A landowner or developer, as hereinafter
defined, who has filed an application for development including his
heirs, successors and assigns.
Every application, whether preliminary, tentative 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 development plan.
Property bounded on one side by a street, and other three
sides, by a street, railroad right-of-way, waterway, unsubdivided
area or other definite barrier.
Any body granted jurisdiction under a land use ordinance
or under this Chapter to render final adjudications.
The Borough Council of the Borough of Elizabethtown.
Any enclosed or open structure, other than a boundary wall
or fence, occupying more than four square feet of area and/or having
a roof supported by columns, piers, or walls.
A detached, subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building, which
is located on the same lots as that occupied by the principal building.
A building which is enclosed within exterior walls or fire
walls, which is built, erected, and framed of component structural
parts, which is designated for housing, shelter, enclosure and support
of individuals, animals, or property of any kind, and which is a main
structure on a given lot.
A line within a lot, designated on a plan as the minimum
required distance between any structure and the adjacent street centerline.
The surface of a street, drive or alley available for vehicular
traffic.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at a given distance from the intersection
of the street centerlines.
The Borough of Elizabethtown Planning Commission or, as authorized,
the Commission's staff.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended, consisting of maps, charts, and textual material, that constitutes
a policy guide to decisions about the physical and social development
of a municipality.
A right of way, municipally or private owned, intended to
furnish access for pedestrians.
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.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this Chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Borough
of Elizabethtown lies.
A reservoir which temporarily contains storm water runoff
and releases it gradually into a watercourse or storm water facility.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or,
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this Chapter shall mean the written
and graphic materials referred to in this definition.
A lot with front and rear street frontage.
Any ditch, gutter, culvert, storm sewer or other structure
or basin 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,
land development or contiguous land areas.
APARTMENTA room or suite of rooms in a multiple family structure which is arranged, designed, used or intended to be used as a housekeeping unit for a single family.
GARDEN APARTMENTA multiple family dwelling of up to three stories in height designed for rental or condominium ownership of each housekeeping unit.
MULTIPLE FAMILY DWELLINGA building containing three or more dwellings each accommodating one family.
MULTIPLE FAMILY DEVELOPMENTTwo or more buildings containing multiple family dwellings which are constructed upon the same tract of land.
QUADRAPLEXA building containing four dwellings, each sharing two common party walls which are constructed upon the same tract of land.
RESIDENTIAL CONVERSION UNITA building which has been altered to accommodate one or more dwelling units provided that such alteration is confined to the already existing structural shell and that such alteration may not include an extension of the sides or an increase in the height of the existing structure.
SINGLE FAMILY ATTACHED (TOWNHOUSES)Three or more dwelling units each accommodating one family and attached side by side through the use of a party wall with side yards adjacent to each end unit.
SINGLE FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
SINGLE FAMILY SEMIDETACHEDTwo dwelling units each accommodating one family which are attached side by side through the use of a party wall with each dwelling unit having one side yard.
TWO FAMILY DETACHEDTwo dwelling units each accommodating one family which are located one over the other with the building having two side yards.
A right-of-way granted for limited use of private land for
a public or quasi-public or private purpose, and within which the
owner of the property shall not have the right to make use of the
land in a manner that violates the right of the grantee.
The Elizabethtown Area Water Authority or any agency successor
thereto.
A professional engineer registered by the Commonwealth of
Pennsylvania.
The removal of surface materials by the action of natural
elements.
The area of inundation which functions as a storage or holding
area for floodwater to a width required for a five-hundred-year flood.
The location of the floodplain shall be established in accordance
with § 610.
The channel of a stream, plus any adjacent floodplain area,
that must be kept free of encroachment in order that the five-hundred-year
flood level will not increase 1/2 foot in flood height. (See figure
below.)
 |
|
A = FLOOD ELEVATION AFTER ENCROACHMENT
B = FLOOD ELEVATION BEFORE ENCROACHMENT
|
That portion of the floodplain which could be completely
obstructed without increasing the water surface elevation of the five-hundred-year
flood more than 1/2 foot at any point.
Any combination of structural and/or nonstructural provisions,
additions, changes or adjustments to structures or contents which
are designed or adapted primarily to reduce or eliminate flood damage
to those structures or contents. Flood proofing shall be in accordance
with U.S. Army Corps of Engineers report entitled "EP 1165-2-314;
Flood Proofing Regulations".
Physical changes to the land, including but not limited to,
grading, paving, curbs, gutters, storm sewers and drains, improvements
to existing watercourses, sidewalks, street signs, monuments, water
supply facilities and sewage disposal facilities.
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,
lease-holds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single family detached dwelling
or single family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or,
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal, beneficial, equitable 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 right of the
landowner), or another 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 upon as a unit.
The area contained within the property line of a lot (as
shown on the plan), excluding space within all streets and within
all permanent drainage easements, but including the areas of all other
easements.
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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A stone or concrete monument with a flat top at least four
inches in diameter or square. It is recommended that the bottom sides
or radius be at least two inches greater than the top to minimize
movements caused by frost. The monument should contain a copper or
brass dowel and be at least 30 inches in length.
The Pennsylvania Municipalities Planning Code, the Act of
July 31, 1968, P.L. 805, No. 247, as amended and reenacted by the
Act of December 21, 1988, P.L. 1329, No. 170, as amended, 53 P.S.
§ 10101 et seq.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
An official map prepared in accordance with the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended.
The Pennsylvania Department of Transportation or any agency
successor thereto.
Any security which may be accepted by the Borough Council
to guarantee that the proper construction of improvements be made
by the developer as a condition for the approval of the final plan,
including corporate bonds, escrow agreements and other similar collateral
or surety agreements.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in this Chapter.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in this Chapter.
MINOR SUBDIVISION PLANA complete and exact subdivision plan including all supplementary data specified in this Chapter.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in this Chapter, showing approximate locations.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of a proposal prepared in accordance with this Chapter.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this Chapter.
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,
and the school district.
Includes:
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough of Elizabethtown.
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.
Any letter, review, memorandum, compilation or similar writing
made by any 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 therefrom. 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 designed to retain stormwater runoff with its
primary release of water being through the infiltration of said water
into the ground.
A lot with front and rear street frontage, where vehicular
access is prohibited to and from the higher density street.
The total width of any land reserved or dedicated as a street,
alley, pedestrian way, or for other public or private use.
The surface water discharge and rate of discharge of a given
watershed after a full rain or snow that does not enter the soil but
runs off the surface of the land.
The process by which soil or other surface material is accumulated
or deposited by wind, water, or gravity.
The plan information, designed in accordance with this Chapter,
which identifies design and construction details for managing the
quantity and quality of stormwater runoff.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses,
and floodplains) used to effect a stormwater management program.
The length of road visible to the driver of a passenger vehicle
at any given point in the road when viewing is unobstructed by traffic.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Streets are further classified according to the functions they perform:
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to community facilities and/or other collector and arterial streets (streets in industrial and commercial subdivisions shall generally be considered collector streets).
LOCAL STREETA street used primarily to provide access to abutting properties.
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MARGINAL ACCESS STREETA local street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
A street not offered for dedication or whose dedication was
not accepted by the Borough of Elizabethtown.
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 any residential dwelling, shall be
exempted.
Where in the judgment of the Borough engineer, at least 90%
(based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this Chapter)
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.
A surveyor registered in the Commonwealth of Pennsylvania.
A wide shallow ditch which gathers or carries surface water.
The attaching of development rights to specified lands which
are desired by the Borough to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands within the
Borough of Elizabethtown where more intensive development is deemed
by the Borough of Elizabethtown to be appropriate.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
A permanent or intermittent stream, river, brook, creek or
swale, whether natural or man-made, for gathering or carrying surface
water.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough of Elizabethtown.
