Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
below.
A.
Words used in the singular include the plural, and
words used in the plural include the singular.
B.
The word "buildings" includes "structures" and shall
be construed as if followed by the words "or part thereof."
C.
The word "lot" includes the word "plot" or "parcel."
D.
The word "person" indicates a corporation, an unincorporated
association, a partnership or any other legal entity, as well as an
individual.
E.
The word "street" includes "highway," "road," "avenue,"
"alley" and "lane".
F.
The word "watercourse" includes "drain," "ditch" and
"stream."
G.
The word "may" is permissive; the words "shall" and
"will" are mandatory.
H.
Words in the present tense may imply the future tense.
Other terms or words used herein shall be interpreted
or defined as follows:
Average daily traffic volumes on a road.
Land used exclusively for the cultivation of the soil, the
production of crops or livestock or the science of forestry; also
land diverted from agricultural use by an active federal farm program,
provided that the diverted land has a conservation cover of grass,
legume, trees or wildlife shrubs. Agricultural land may include, to
a minor degree, farmsteads inhabited by the cultivator of the land,
housing for farm employees and land used for preparation of agricultural
products by the cultivator of the land.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to 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.
A developer and/or landowner, as hereinafter defined, including
heirs, successors and assigns, who has filed an application for subdivision
and/or land development.
A tract of land which is entirely bounded by streets, public
parks, cemeteries, railroads and/or watercourses.
The Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania.
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.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
BUILDING, PRINCIPALA building which is enclosed within exterior walls or fire walls and is built, erected and framed of component structural parts. The principal building is also designed for housing, shelter, enclosure and support of individuals, animals or property of any kind and 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 center
line or right-of-way line as specified by any applicable zoning ordinance.
The surface of a street, drive or alley available for vehicular
traffic.
The presiding officer of the Borough of Shippensburg Planning
Commission.
An area of unobstructed vision at a street intersection defined
by a line of sight between points at center line.
See "Pennsylvania Municipalities Planning Code."
The Planning Commission of the Borough of Shippensburg or,
when authorized, the staff of the Borough of Shippensburg.
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 and enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
A utility operated by a municipality or a company, which
supplies potable, domestic water for use by more than one household,
business or institution.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
reenacted and amended by Act 170 of 1988 and as subsequently amended,[1] consisting of maps, charts and textual material, that
constitutes a policy guide to decisions about the physical and social
development of the borough.
A multiple unit land development in which there is a system
of separate ownership of individual units of occupancy and undivided
interest of land and common facilities.
A multiple unit land development owned by a corporation,
the shares of which are divided among several persons, each of whom
has the right to lease a portion of the space by virtue of his or
her ownership interest.
A use permitted in a particular zoning district pursuant
to the provisions in the Zoning Ordinance of the Borough of Shippensburg.[2]
The County of Cumberland or the County of Franklin, Pennsylvania.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon the use of property placed in a deed.
The number of dwelling units or units of occupancy per acre,
exclusive of street rights-of-way.
A reservoir which temporarily contains stormwater runoff
and gradually releases it into a watercourse or stormwater facility.
Any landowner, agent of such landowner or tenant with 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
the development plan," when used in this chapter, shall mean written
and graphic materials referred to in this definition.
A lot with front and rear street frontage, provided that
for the purposes of this section "street" shall not include "alley."
The land required for the installation of storm sewer or
drainage facilities or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
or to safeguard the public against flood damage.
A private drive providing access between a public or private
street or access drive and the parking area for a single residential
unit of occupancy. (See also "street.") A shared driveway is a private
drive servicing two residential units of occupancy and designed to
the standards of this chapter.
A right-of-way granted for limited use of property by the
landowner for a public or quasi-public 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 horizontal alignment of a surface, as its exists or as
it is made by cut and/or fill.
FLOOR ELEVATIONThe elevation of the lowest level of a particular building, including the basement.
ROAD GRADEThe rate of rise and fall of a road's surface, measured along the profile of the center line of the cartway.
A professional engineer registered by the Commonwealth of
Pennsylvania.
A way cleared of obstacles and vegetation at all times so
as to allow ingress and egress for vehicles during a fire emergency.
A parcel of land created by a subdivision or partition which
includes a narrow projection or flagpole to the public right-of-way.
A narrow extension of property on a lot or parcel from the
buildable area of a lot to the public right-of-way, which is not part
of the lot area, but serves as access to the lot or parcel.
A temporary inundation by water of normally dry land areas.
The portion of the floodplain outside the floodway, as defined
by the Federal Emergency Management Act.
The designated area of a floodplain 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.
A relatively flat or low land area adjoining a river stream
or watercourse which is subject to partial or complete inundation;
or an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The area designated by the Zoning Ordinance[3] of the Borough of Shippensburg as being inundated by a
one-hundred-year flood, including the Floodway (FW), the Flood-Fringe
(FF) and Floodplain (FA).
A complex of low apartment buildings, one or two stories,
surrounded by lawn or landscaped areas.
[Added 8-5-1997 by Ord. No. 681, approved 8-5-1997]
Any building, site, structure, object, district
or area that:
Is listed on the National Register of Historic
Places; or
Has received a determination of eligibility
for the National Register from the National Park Service; or
Which is located within the Historic District
of the Borough of Shippensburg, as designated by the Pennsylvania
Historic and Museum Commission; or
Which is listed on any officially adopted municipal
register or inventory of historic features.
This term shall include the site, principal
structures, accessory structures, yards, vegetation, fences, road
alignments and signage associated with such features.
The procedures, specified in Article V, by which a developer assures the construction of improvements required by this chapter.
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, sewage collection facilities and streetlights.
[Amended 8-5-1997 by Ord. No. 681, approved 8-5-1997]:
The development of property as specified below:
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 space, whether
improvements are required or not of existing structures, buildings
or spaces and 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, cooperatives,
building groups or other features.
A subdivision of land.
"Land development" shall not include:
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; or
The addition of an accessory building, including
farm building, on a lot or lots subordinate to the existing building.
The legal, beneficial or 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 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 designated parcel, tract or area of land established by
a plat or otherwise permitted by law to be used, developed or built
upon as a unit.
The area contained within the property lines of the individual
parcel of land, excluding space within the street right-of-way. The
lot area includes the area of any utility easement or stormwater management
facility, but does not include the flagpole of a flaglot, unless otherwise
specified in the Municipal Zoning Ordinance.[4]
The average distance between the street right-of-way and
the rear lot line measured perpendicular or radial to the right-of-way.
That side of a lot abutting on the street right-of-way and
regarded as the front of the lot.
A metal plate or pin or railroad spike or concrete monument
used to identify the lot line intersections or corners.
The average distance between the side lot lines of a lot,
measured parallel to the right-of-way.
The Borough Manager of the Borough of Shippensburg.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their difference, culminating in a written agreement
which the parties themselves created and consider acceptable.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units intended
to be joined into one integral unit and capable of again being separated
for repeated transporting, 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. The term "manufactured home" may be used synonymously.
A concrete or stone monument used to identify street line
intersections.
The Borough Council of the Borough of Shippensburg, Cumberland
and Franklin Counties, Commonwealth of Pennsylvania.
See "Commission."
The Borough of Shippensburg.
Vehicle trips passing within the study area as defined in
the traffic impact study that do not enter or exit the site and are
generally the result of through traffic and traffic generated by generated
by other developments.
An ordinance adopted and amended from time to time, pursuant
to the Pennsylvania Municipalities Planning Code, by the Council of
the Borough of Shippensburg containing a drawing or drawings that
show the precise location of future road rights-of-way or lands to
be publicly acquired either through purchase or dedication and which
is used to facilitate the proper placement of structures in relation
to future property lines.
The Borough of Shippensburg Subdivision and Land Development
Ordinance of 1993, as amended.
A flood that, on the average, is likely to occur one time
in a one-hundred-year period.
An individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided and developed to commence and maintain proceedings
to subdivide the same under this chapter.
See "lot."
See "shared trips."
The hour during which the heaviest volume of traffic occurs
on a road.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
The statute authorizing and empowering the municipality to
adopt and enforce a subdivision and land development ordinance to
regulate the subdivision and development of lands within the corporate
limits and to establish a Planning Commission.
Any financial security which may be accepted in lieu of certain
improvements being made prior to final plan approval, pursuant to
Section 509 of the Pennsylvania Municipalities Planning Code.
A drawing, together with supplementary data, that describes
property.
FINAL PLANA complete and exact subdivision and/or land development plan, including all supplementary data specified in § 137-17 of this chapter.
LOT ADD-ON PLANA complete and exact subdivision plan including all supplementary data specified in § 137-13 of this chapter, the sole purpose of which is to increase the lot area of an existing lot or tract.
PRELIMINARY PLANA subdivision and/or land development plan including all required supplementary data specified in § 137-16 of this chapter, showing approximate locations.
RECORD PLANA final plan which contains the original endorsement of the municipality and the Commission, which is intended to be recorded with the Franklin and/or Cumberland County Recorder of Deeds.
SKETCH PLANAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings, with the general layout of the proposal prepared in accordance with § 137-15 of this chapter.
See "Pennsylvania Municipalities Planning Code."
The map or plan of a subdivision or land development, whether
preliminary or final.
Include:
A formal meeting held pursuant to public notice, intended
to inform and obtain public comment, prior to taking action in contested
cases or prior to amending this chapter.
A forum held pursuant to notice under the "Sunshine Act,"
Act of July 3, 1986 (P.L. 388, No. 84).[5]
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 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 intensity street.
The total width of any land reserved or dedicated as a street,
alley, pedestrianway or for other public or private use.
The surface water 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.
See "alley (service street)."
See "building setback line."
Vehicle trips entering and exiting the site which were using
the facility on the adjacent streets and therefore did not generate
new trips on the road.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
The staff of the Borough of Shippensburg.
The plan information, designed in accordance with § 137-31 of 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 implement a stormwater management program.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as means of vehicular and pedestrian
travel and furnishing access to abutting properties, which may also
be used to provide space for sewers, public utilities, shade trees
and sidewalks. Streets shall conform to one of the following categories:
PRINCIPAL ARTERIALAn interregional road in the street hierarchy system which carries vehicular traffic to and from the region as well as any through traffic. This street may be a controlled access street.
MINOR ARTERIALThe minor arterial street systems interconnects with the principal arterial system. It provides connections between boroughs, villages and other traffic generators which develop substantial volumes of traffic.
LOCAL ACCESSThis classification provides direct access to adjacent land and includes connections to residences and commercial properties and higher classifications of streets.
ALLEY (SERVICE STREET)A service road that provides a secondary means of access to lots. Alleys are on the same level as a local access street and are used in cases of narrow lot frontages. No parking shall be permitted and alleys should be designed to discourage through traffic. ADT level corresponds to that of local access street. Number of units served should not exceed 38. Alleys may designed as one-lane streets.
CUL-DE-SACA street with a single means of ingress and egress and having a turnaround. The design of the turnaround may vary. Culs-de-sac shall be classified and designed according to anticipated ADT level: a residential street will use design standards of a local access street; a nonresidential street will use the design standards for commercial industrial streets.
DIVIDED STREETA street in which the directions of traffic are physically separated.
STUB STREETA short dead-end street which is a portion of a street which has been approved in its entirety. Stub streets may extend to a property line to permit connection of streets in adjoining subdivisions.
DRIVEWAYA private drive providing access between a public or private street or access drive and a parking area for a single residential unit of occupancy.
ACCESS DRIVEA private drive providing pedestrian and vehicular access between a public or private street and a parking area(s) within a land development and any driveway servicing two or more units of occupancy on a single lot or contiguous lots.
The right-of-way line of any given street.
A street not accepted for dedication by the municipality.
Any man-made object having an ascertainable stationary location
on or on 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 or 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.
Where, in the judgment of the municipality holding escrow,
at least 90% (based on the cost of the required improvements for which
financial security was posted) of those improvements required as a
condition for final approval have been completed in accordance with
the approved plan, so that the project will be able to be used, occupied
or operated for its intended use.
A plan showing all present and proposed grades and facilities
for stormwater drains.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations and perform the requirements of a survey.
A wide shallow ditch which gathers and carries surface water.
See "lot."
A portable, vehicular structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term use.
A single or one-directional vehicle movement.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
A portion of a tract of land, which due to physical and/or
environmental conditions cannot support or is inappropriate for construction
of a road, structure or any man-made improvement. Examples include
wetlands, sinkholes, landslides, endangered species habitats and hazardous
waste sites.
A process for alleviating specific requirements imposed by this chapter provided under § 137-43 of this chapter.
A permanent topographic feature, whether natural or man-made,
that serves to gather and carry flowing surface water such as a permanent
or intermittent stream, a river, creek, brook, run or swale; and which
is measured by the width of the channel during normal high water.
All land and water within the confines of a drainage basin.
