Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this section.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, be interpreted in the following manner:
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"
includes 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.
E.Â
The word "herein" means "in these regulations."
F.Â
The word "regulations" means "these regulations."
G.Â
A "building" includes a "structure"; a "building" or "structure"
includes any part thereof; "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."
For purposes of this chapter, the following words and phrases
shall have the meaning given herein:
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, loading area,
drive-in service window or other facility within a land development
(see "driveway").
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a land development plan.
The Spring Grove Borough Council.
A layer of crushed stone intended to provide structural support
for the wearing surface and to provide subdrainage for the street.
The one-hundred-year flood elevation. Within the approximated
floodplain the base flood elevation shall be established as a point
on the boundary of the approximated floodplain which is nearest to
the subdivision or development site in question.
A mark on a permanent object indicating elevation and serving
as a reference in land surveys.
The bottom layer of surface course.
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.
Spring Grove Borough, York County, Pennsylvania, as represented
by the Borough Council or their duly authorized agents.
The Spring Grove Borough Council.
A reinforced concrete drainage structure of rectangular cross-section.
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 (see "structure").
The portion of a lot which is proposed to be covered by buildings.
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
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.
The bed and banks of a natural stream which convey the constant
or intermittent water flow of the stream.
A man-made reservoir or tank used for storing rainwater.
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. Specific distances vary with road function.
The Spring Grove Borough Planning Commission.
A central system which serves all dwelling units in a given
area and is not publicly owned.
The plan, or parts thereof, which have been adopted by the
Spring Grove 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 act of preventing waste or unnecessary use of a commodity
or natural resource.
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.
A lot abutting upon two streets at their intersection.
The estimated amount 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 as provided
for in § 509 of the Pennsylvania Municipalities Planning
Code, Act 247, as reenacted and amended.[1]
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 him 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 to confine surface water to
the pavement and to protect 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.
To lower the level of the surface of an existing grade; or
the vertical distance from the existing ground surface to the planned
grade line at a given point.
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.
The number of dwelling units per acre.
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. Same as "subdivider."
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 lot fronting on two streets other than a corner lot.
Permanent or limited right-of-use which substantially conforms
to the existing alignment of a watercourse, stream, channel or other
drainage way.
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 drain pipes, conduits, or tiles installed below
earth surface to remove surface or subsurface water or sewage.
A private minor vehicular right-of-way providing access between
a street and a garage, carport or other parking space for a single-family
or two-family dwelling (See "access drive").
The narrowest width of a driveway measured perpendicular
to the center line of the driveway.
Any structure, or part thereof, designed to be occupied or
used as living quarters as a single housekeeping unit, including a
kitchen with fixed cooking facilities, and an area designed or used
for living and sleeping purposes.
[Amended 5-6-2002 by Ord.
No. 4-2002]
A limited right of use granted on private land for public
use or private use by another party or parties and within which the
owner of the property shall not erect any permanent structures.
The right to leave a parcel 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.
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.
A relatively flat or low land area which 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. Floodplain areas include, but are
not necessarily limited to, those areas identified as being flood-prone
on the Flood Hazard Boundary Map for Spring Grove Borough as issued
by the Federal Insurance Administration.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge floodwaters of a given
magnitude. For the purposes of this chapter the floodway shall be
capable of accommodating a flood of the one-hundred-year magnitude,
without increasing the water surface elevation of that flood more
than one foot at any point.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar, basement and attic floor areas not devoted to residential
use. All dimensions shall be measured between exterior faces of walls.
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
The Borough Council of Spring Grove 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 subdivider for which he may
request a modification.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Areas including, but not limited to, parking areas, driveways, roads,
sidewalks, patios and any similar areas of concrete, brick, bituminous
products, crushed stone or gravel, shall be considered impervious
surface. In addition, all buildings and structures shall be considered
as impervious surfaces for computation of lot coverage.
Pavements, curbs, gutters, sidewalks, water mains, sanitary
sewers, storm sewers, grading, street signs, plantings and other items
for the welfare of the property owners and the public.
The right to enter a parcel 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 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 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 parcel 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 proper authorities.
MAJOR LAND DEVELOPMENTA nonresidential land development in which the total proposed impervious surface exceeds 5,000 square feet, or a residential land development involving six or more dwelling units. Any land development requiring new streets or other public improvements.
MINOR LAND DEVELOPMENTA nonresidential land development in which the total proposed impervious surface is 5,000 square feet or less, or a residential land development involving five dwelling units or less involving no new streets or other public improvements.
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 as shown on a land development plan, excluding any
area within a street right-of-way, but including the area of any easement.
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 lot lines
(or in the case of corner lots, between a front and side lot line)
measured along a single street right-of-way line, except culs-de-sac
and loop streets. The lot width on the vehicular turnaround portion
of a cul-de-sac or on the curvilinear portion of a loop street shall
be measured at the dedicated street right-of-way line and shall be
a minimum of 50 feet.
A land subdivision involving six or more lots or a land subdivision
involving five lots or less and requiring new streets or other public
improvements.
A description of land by courses and distances.
A land subdivision involving five lots or less and involving
no new streets or other public improvements.
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.
Spring Grove Borough.
A map prepared by an official planning body and adopted by
the Borough Council as a designation in advance of areas for future
public acquisition of land for use as streets, parks, or other public
facilities.
Something located 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.
A flood that, on the average, is likely to occur every 100
years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
A septic tank, drainfield, or any other approved sewage treatment
device located on the same lot as the building that such device serves.
Something located on the property that is the subject of
a subdivision or land development 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 separated by an existing state
or Borough road shall be considered contiguous.
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, 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.
A complete and exact subdivision or land development plan,
prepared as for official recording, to define property rights and
proposed streets and other improvements.
A subdivision or land development plan showing the salient
existing features of a parcel and its surroundings, and the proposed
street and lot layout, as a basis for consideration prior to preparation
of a final plan. Detailed engineering drawings of all proposed public
improvements, however, shall accompany a preliminary plan.
An exact copy of the approved final plan prepared for necessary
signatures and recording with the York County Recorder of Deeds.
An informal plan, not necessarily to scale, indicating salient
existing features of a parcel and its surroundings and the general
layout of the proposed subdivision for discussion purposes only and
not to be presented for approval.
The Spring Grove 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 Spring Grove Borough.
The map or plan of a subdivision or land development, whether
preliminary or final.
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 parcel.
Includes:
Any street, sidewalk, curb, gutter, storm sewer, water supply
facility, sanitary sewer facility, 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 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 or 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; distinguished from a
community water or sewer system.
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.
The one-hundred-year flood elevation plus a freeboard safety
factor of one foot.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
A parcel of ground in separate ownership separating a street
from other adjacent properties 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 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,
shade trees, 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.
Stones or rocks placed so as to form a protective barrier,
usually along the banks of a stream, to prevent erosion.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
Often referred to as "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).
Evergreen and/or deciduous trees and bushes 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 Spring Grove Borough.
A watertight receptacle which receives sewage and is designed
and constructed to provide for sludge storage, sludge decomposition
and to separate solids from the liquid through a period of detention
before allowing the liquid to be discharged to a subsurface absorption
area.
A structure housing operational, office, recreational, park
maintenance and other mobile home park facilities.
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.
The official of Spring Grove 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,[2] and the rules and regulations thereunder.
A system of underground pipes designed to carry sewage or
surface water from one point to another.
All pipes, fittings and appurtenances from the drain outlet
of a mobile home to the inlet of the corresponding sewer riser pipe.
The portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home lot.
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 public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other dedicated and accepted public right-of-way
or private right-of-way. 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 Thoroughfare Classification Plan or Official Map 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 Thoroughfare Classification Plan or Official Map 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 a 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 minor 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 a "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 property 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
driveways, walkways and parking areas. For regulatory purposes, all
principal buildings are considered principal structures (see "building").
The layer of material (usually natural ground) beneath the
base course.
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. Same as "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 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 subdivision involving five lots or less and involving no new streets or other public improvements.
Improvements are substantially completed when, in the judgement of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 350-48) 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.
Consists of a binder course and a wearing course designed
to take care of the traffic load.
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.
Land in parcels sufficiently large for future land development
which is presently used for agriculture, woodland or is lying fallow.
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).
All pipes, fittings, and appurtenances from the water riser
pipe to the water inlet pipe of the distribution system within a mobile
home lot.
All pipes, fittings, valves and appurtenances from the water
main of the mobile home park distributing system to the water outlet
of the distribution system within a mobile home.
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 of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
The entire region or area drained by a river or other body
of water, whether natural or artificial.
The top layer of surface course which is designed to resist
skidding, traffic wear and weathering.
The prescribed open area on a lot, unobstructed from the
ground upward, between the property line and the front, rear or side
wall of a building.
