[Ord. 88-9, 11/17/1988, § 301; as amended by Ord.
93-3, 2/18/1993]
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter have the meaning herein indicated.
Words used in the present tense include the future tense.
The singular includes the plural.
The word "person" includes any individual or group of individuals,
a corporation, partnership, or any other similar entity.
The word "lot" includes the words "lot" or "parcel." The term
"shall" is always mandatory.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A public thoroughfare, other than a minor street, which affords
only secondary means of access to abutting properties and not intended
for general traffic circulation.
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.
An area bounded by streets.
The Borough of Hummelstown, Dauphin County, Pennsylvania;
Borough Council, its agents or authorized representatives.
The Borough Council of Hummelstown Borough, Dauphin County,
Pennsylvania.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels, and including covered porches or bay windows and chimneys.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way, and the line defining side and rear yards, where required.
That portion of a street or alley which is improved, designated,
or intended for vehicular use.
The Chairman of the Hummelstown Borough Planning Commission.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street center lines (see Figure 1).
The Hummelstown Borough Planning Commission.
Land amenities, parts of buildings, central services and
utilities, and any other elements and facilities owned and used by
all unit owners and are designated as common elements. These elements
may include but are limited to:
The land on which the building is located and portions of the
building which are not included in a unit;
The foundation, structural parts, supports, main walls, roofs,
basements, halls, corridors, lobbies, stairways, entrances and exits
of the building;
The yards, parking area, and driveways;
Portions of the land and building used exclusively for the management,
operation or maintenance of the common elements;
Installations of all central services and utilities;
All other elements of the building necessary or convenient to
its existence, management, operation, maintenance and safety or normally
in common use; and
Such other facilities as are designated as common elements.
See definition OPEN SPACE, COMMON.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The community association which administers and maintains
the common property and common elements of a condominium.
County of Dauphin, Pennsylvania.
A right-of-way, publicly or privately owned, intended to
furnish access to pedestrians.
A minor street open at one end for vehicular and pedestrian
access with the opposite end terminating in a vehicular turn around.
A drain, ditch or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, railroad, pedestrian
walk or public-way.
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
The opening along the curb line at which point vehicles may
enter or leave the roadway.
An excavation. The difference between a point on the original
ground and designated point of lower elevation of the final grade.
Also, the material removed in excavation.
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.
Surface water runoff;
The removal of surface water or ground-water from land by drains,
grading or other means which include runoff controls to minimize erosion
and sedimentation during and after construction or development, the
means for preserving the water supply and the prevention or alleviation
of flooding.
Any ditch, gutter, culvert, storm sewer, or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision or contiguous
land areas.
Pipes, swales, natural features and man-made improvements
designed to carry drainage.
A private roadway providing access for vehicles to a parking
space, garage, dwelling or other structure.
A building or structure designed for living quarters for
one or more families, including homes which are supported either by
a foundation or are otherwise permanently attached to the land, but
not including hotels, boarding/rooming houses, or other accommodations
used for transient occupancy.
Any structure designed primarily for residential occupancy,
except a mobile home, which is wholly or in substantial part made,
fabricated, formed or assembled in manufacturing facilities for installation
or assembly and installation on the building site in such a manner
that all concealed parts or processes of manufacture cannot be inspected
at the site without dissembly, damage or destruction.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two units designed to be jointed 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.
A building used by three or more families living independently
of each other and doing their own cooking including apartment houses.
A building used by one family, having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard, and
one party wall common with another dwelling.
A building used by one family and having two party walls
in common with other buildings.
A building arranged over the other, and having two side yards.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and one party wall in common
with another building.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
A registered professional engineer in Pennsylvania designated
by the municipality to perform the duties of engineer as herein specified.
An individual licensed and registered under the laws of the
Commonwealth to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed as set forth
in P.L. 534, No. 230; however, a professional engineer may perform
engineering land surveys.
Surveys for:
The development of any tract of land including the incidental
design of related improvements, such as line and grade extension of
roads, sewers and grading but not requiring independent engineering
judgment; provided, however, that tract perimeter surveys shall be
the function of the Professional Land Surveyor;
The determination of the configuration or contour of the earth's
surface, or the position of fixed objects thereon or related thereto
by means of measuring lines and angles and applying the principals
of mathematics, photogrammetry or other measurement methods;
Geodetic or cadastral surveys, underground surveys and hydrographic
surveys;
Sedimentation and erosion control surveys;
The determination of the quantities of materials;
Tests for water percolation in soils; and
The preparation of plans and specifications and estimates of
proposed work as described herein.
The Engineering Specifications of the municipality regulating
the installation of any required improvements or for any facility
installed by any owner, subject to public use.
The detachment and movement of soil or rock fragments, or
the wearing away of the land surface by water, wind, ice and gravity.
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.
The vertical location of the ground surface prior to excavation
or filling.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point or higher elevation on the final grade. The material
used to make a fill.
The proposed elevation of the land surface of a site after
completion of all site preparation work.
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur once every
100 years (i.e. that has a 1% chance of occurring each year, although
the flood may occur in any year).
That portion of the floodplain outside the floodway.
Any combination of structural and nonstructural additions,
changes or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge flood waters 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 more than one foot at any point.
The Borough Council of Hummelstown Borough, Dauphin County,
Pennsylvania.
See definition EXISTING GRADE.
See definition FINISHED GRADE.
Any man-made immovable item which becomes part of, placed
upon, or is affixed to, real estate.
Any of the following activities:
|
A.
|
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
| ||
|
(1)
|
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,
| ||
|
(2)
|
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;
| ||
|
B.
|
A subdivision of land.
| ||
|
C.
|
"Land development" does not include development which involves:
| ||
|
(1)
|
The conversion of an existing single family detached dwelling
or single family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
| ||
|
(2)
|
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
| ||
|
(3)
|
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 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, shall be deemed
to be a landowner for the purpose of this chapter.
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 a lot as
shown on a subdivision plan excluding space within any rights-of-way,
but including the area of any easement.
An interior lot having frontage on two streets.
A lot extending between, and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
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 legal instrument under which title to real estate is conveyed
and by which a condominium is created and established.
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."
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 unoccupied space open to the sky on the same lot with
the building, not including parking lots.
Any individual or group of individuals, or corporations,
partnership.
The Development Policy Plan (Master Plan) and/or Future Land
Use 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 or land development is located.
An informal plan, not necessarily to exact scale, indicating
salient existing features of a tract and its surroundings and the
general layout of a proposed subdivision or land development.
Hummelstown Borough Planning Commission, Dauphin County,
Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
FINAL PLATA complete and exact subdivision or land development plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PRELIMINARY PLATA tentative subdivision or land development plan, in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
The basic purpose for which a building or land area is occupied
or intended to be occupied as opposed to accessory or incidental uses;
usually classifiable as residential, commercial, manufacturing or
public in nature.
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:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
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. 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 fee, leasehold or other estate or interest in, over or
under land, including structures, fixtures and other improvements
and interests which by custom, usage or law pass with a conveyance
of land though not described in the contract of sale or instrument
of conveyance. Real estate includes parcels with or without upper
or lower boundaries, and spaces that may be filled with air or water.
A strip of land adjacent to a street intended to control
access to the street from an adjacent property.
See definition LOT, REVERSE FRONTAGE.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission line, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses;
generally, the right of one to pass over the property of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
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.
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 process by which mineral or organic matter is accumulated
or deposited by wind, water, or gravity. Once this matter is deposited
(or remains suspended in water), it is usually referred to as "sediment."
An underground system with a septic tank used for the decomposition
of domestic wastes. Also referred to as an on-lot system.
A service way providing a secondary means of access to abutting
property and not intended for general traffic circulation.
See definition BUILDING SETBACK LINE.
A graphic representation of shadows cast by nature landscaping,
screening and structures plotted with regard to topography, slope,
and direction at 9:00 a.m., noon and 3:00 p.m. on the date of the
Winter Solstice.
A paved, surfaced or leveled area, parallel to and usually
separated from the street, used as a pedestrian walkway.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
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.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
Radiant energy (direct, diffused or reflected) received from
the sun at wave lengths suitable for conversion into thermal, chemical
or electrical energy.
Any device, structure or part of a device or structure which
is used primarily to transform solar energy into thermal, chemical
or electrical energy, including any space or structural component
specifically designed to retain heat derived from solar energy.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where appropriate) and components
for the distribution of transformed energy to the extent that they
cannot be used jointly with a conventional energy system. Passive
solar energy systems which use the natural properties of materials
and architectural components to collect and store solar energy without
using any external mechanical power are included in this definition
if they do not fulfill structural or other functions.
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
A right, expressed as an easement, covenant or condition
or other property interest in any deed or other instrument executed
by or on behalf of any landlord which protects the solar skyspace
of an actual, proposed or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy.
Any storm drainage technique that retards or detains runoff,
such as detention or retention basin, parking lot storage, roof-top
storage, porous pavement, dry wells or any combination thereof.
A watercourse having a source and terminus, banks and channel
through which waters flow at least periodically.
A public right-of-way constructed to municipal standards
which affords primary vehicular traffic or pedestrian access to abutting
properties, which includes avenue, boulevard, road, highway, freeway,
parkway, and viaduct, but shall not include a lane or an alley for
the purpose of this chapter.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The shortest distance between the lines delineating the right-of-way
of a street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The owner or authorized agent of the owner of a lot, tract
or parcel of land to be subdivided for sale or development under the
terms of this chapter.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
MAJOR SUBDIVISIONAny subdivision involving more than five lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities or other facilities immediate or future.
MINOR SUBDIVISIONThe subdivision of a single lot, tract or parcel of land into five or fewer lots, tracts or parcels of ownership or of building development, providing lots, tracts or parcels of land thereby created have frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, street easement, easements of access or need therefore.
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 plan showing all present and proposed grades and facilities
for storm water drainage.
An individual licensed and registered under the laws of this
Commonwealth to engage in the practice of land surveying.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
A map showing the elevations of the ground by contours or
elevations.
The configuration of a surface area showing relative elevations.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Top soil is usually found in the uppermost soil layer call
the A Horizon.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way or to an easement or right-of-way leading to
a public street or way, and includes a proportionate undivided interest
in the common elements, which are assigned to the property, structure
or building.
Any agency which under public franchise or ownership, or under
certificate of convenience and necessity, provides the public with
electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection or other similar service,
A closely regulated private enterprise with an exclusive franchise
for providing a public service.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
Areas that are periodically or permanently inundated by surface
or ground water and support vegetation adapted for life in saturated
soil. Wetlands include swamps, marshes, bogs and similar areas.
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is generally used on a pole or tower and, along with other generating
and electrical storage equipment, forms a wind energy conversion system.
