For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. Any person, other than the developer, who, acting for the developer, submits land development plans to the Borough Council for the purpose of obtaining approval thereof.
AGRICULTURAL PURPOSES. The use of land for farming, dairying, pasturage, agricultural, horticulture, viticulture or animal or poultry husbandry, including the necessary accessory uses for packing, treating or storing the produce and equipment or housing and feeding the animals and/or the use of dwellings for families headed by a full-time worker. Includes land devoted to and meeting the requirements and qualifications for payments and other compensation pursuant to a soil conservation program under agreement with an agency of the federal government.
ALLEY. A minor way, whether or not legally dedicated, intended and used primarily for vehicular service access to the rear of properties which abut on a street, and not intended for the purpose of through vehicular traffic.
APPLICANT. A landowner or developer, as hereinafter defined, who has filed an application for development including his or her heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT. 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.
BASE FLOOD ELEVATION. The 100-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.
BLOCK. An area bounded by streets.
BOROUGH OF NORTH YORK. The Borough of North York, York County, Pennsylvania.
BOROUGH SPECIFICATIONS. Borough specifications established or referred to herein shall mean the North York Borough Construction and Material Specifications for Land Development prepared by the Borough Engineer and adopted by resolution of the Borough Council. Any specification may be amended from time to time by resolution which shall become thereafter part of this chapter.
BUILDING. Any structure or edifice designed or intended for use as an enclosure, a shelter or for protection of persons, animals or property.
(1) ATTACHED. A building which has two or more party walls in common.
(2) DETACHED. A building which has no party wall.
(3) SEMI-DETACHED. A building which has only one party wall in common.
CARTWAY. The paved area of a street. Sometimes referred to as a ROADWAY.
CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections defined by centerlines of the streets and by a line of sight between points on their centerlines at a given distance from the intersection of the centerlines.
COMMON OPEN SPACE. 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 employment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMPREHENSIVE PLAN. The plan, or parts thereof, which has been adopted by the Borough Council, showing its recommendations for such systems as land uses, parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation, highways, civic centers and other public improvements which affect the development of the borough.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices and other types of space in commercial and industrial buildings or on real property.
CORNER LOT. A lot abutting upon two streets at their intersection.
CROSSWALK. A right-of-way, municipality or privately owned, at least 12 feet wide, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
COUNCIL OF THE BOROUGH OF NORTH YORK. The Council of the Borough of North York, York County, Pennsylvania.
COUNTY. The County of York, Pennsylvania.
COUNTY PLANNING COMMISSION. The Planning Commission of the County of York, Pennsylvania.
CUL-DE-SAC. A minor street intersecting another street at one end and terminated at the other by a vehicular turnaround.
CURB. The raised edge of a payment to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
CURB LINE. The outside edge of the cartway.
CUT. An excavation. The difference between a point on the original ground and designated point of lower elevation on the final grade. Also, the material removed in excavation.
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). The Pennsylvania Department of Environmental Protection, its bureaus, divisions, departments and/or agencies, as may from time to time be established, or such department or departments as may in the future succeed it.
DESIGNATED FLOODPLAIN AREAS. A relatively flat or low land area adjoining a river, stream, flood insurance maps or watercourse which is subject to partial or complete inundation in a 100-flood as designated in the borough zoning regulations (Chapter 154 of this code of ordinances) as amended, and the borough floodplain regulations (Chapter 152 of this code of ordinances).
DETENTION POND. An area in which surface water run-off is temporarily stored pending its release at a controlled rate.
DEVELOPER. Any landowner agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a land development.
DEVELOPMENT. Any human-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.
DEVELOPMENT PLAN. 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.
DOUBLE FRONTAGE LOT. A lot fronting two streets other than a corner lot.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading or other means, and includes control of run-off to minimize erosion and sedimentation during and after construction or development.
DRAINAGE FACILITY. 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 land development or contiguous areas.
DRAINAGE RIGHT-OF-WAY. The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRIVEWAY. A minor vehicular travelway providing access between a street and a parking area or garage within a lot or property.
DWELLING. Any building which is designed for human living quarters, but not including hotels, boarding houses, tourist cabins, motels and other accommodations used for transient occupancy.
DWELLING UNIT. A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.
EASEMENT. A limited right of use granted in private land for public or quasi-public purpose.
ENGINEER. A professional engineer licensed as such in the Commonwealth of Pennsylvania.
ENGINEERING SPECIFICATIONS. The engineering criteria of the borough regulating the installation of any improvements or facility. In the absence of such borough engineering criteria, the applicable standards of the York County Subdivision and Land Development Ordinance shall apply.
EROSION. The removal of surface materials by the action of natural elements.
EXCAVATION. 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.
FILL. 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. It shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade. The material used to make FILL.
FLOODPLAIN. The area along a natural watercourse which may from time to time be overflowed by water therefrom.
FLOOD-PRONE AREA. A relatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or, any area subject to the unusual and rapid accumulation or run-off of surface waters from any source.
FLOOD-PROOFING. 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.
FLOODWAY. The area of a floodplain, including the channel of the watercourse and adjacent land area, required to carry and discharge flood waters of a given magnitude. For the purpose of this chapter, the FLOODWAY shall be capable of accommodating a flood of the 100-year magnitude.
FRONTAGE. The horizontal or curvilinear distance along the street line upon which a lot abuts.
FUTURE RIGHT-OF-WAY.
(1) The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads.
(2) A right-of-way established to provide future access to or through undeveloped land.
GRADE. The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred.
GRADING AND DRAINAGE PLAN. A plan showing all existing ground features and proposed grading, including existing and proposed surface and subsurface drainage facilities, described by grades, contours and topography.
GUTTER. The portion of a right-of-way carrying surface drainage.
IMPROVEMENTS. Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings, and other items required for the welfare of the property owners and the public.
INTERIOR WALK. A right-of-way or easement for pedestrian use, extending from a street into a block or across a block to another street.
LAND DEVELOPMENT. Any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 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; and
(b) 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.
(2) A subdivision of land; and
(3) LAND DEVELOPMENT does not include development which involves:
(a) 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;
(b) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; and
(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purpose of this definition, an
AMUSEMENT PARK is defined as a tract of land 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.
LANDOWNER. 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 or she is authorized under the lease to exercise the rights of the LANDOWNER, or other person having a proprietary interest in land.
LOCATION MAP. A map showing the site with relation to adjoining areas.
LOT. 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.
LOT AREA. The region contained within the property lines of an individual lot, excluding any area within a street right-of-way, but including the area of any easement.
LOT, CORNER. A lot abutting upon two or more streets at their intersection, the front of which shall be considered to be the frontage of least dimension on a street, except that where any two frontages shall each exceed 150 feet in length, either frontage may be designated as the front of the lot.
LOT, DOUBLE FRONTAGE. An interior lot which abuts streets in both the front and rear.
LOT, INTERIOR. A lot having side lot lines which do not abut on a street.
LOT, NONCONFORMING. A lot of record at the time of the adoption of this chapter, which by reason of area or dimension, does not conform to the requirements of this chapter.
LOT OF RECORD. A lot described in a deed or shown on a plan of lots which has been recorded in the office of the Recorder of Deeds of York County, Pennsylvania.
LOT, REVERSE FRONTAGE. A lot extending between and having frontage on an arterial street and a local access street, and with vehicular access solely from the latter.
LOT WIDTH. The distance between the side property lines measured along the street right- of-way.
LOT WIDTH, MINIMUM. The distance between the side lot lines measured at the building setback line.
MAINTENANCE GUARANTEE. Any security, other than cash, which may be accepted by the borough for the maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision.
MARKER. A metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MINOR SUBDIVISION. The subdivision of land into not more than two parcels located on an existing improved street that does not involve installation of improvements as required by this chapter; extension of utilities; frontage on an arterial or collector street; adverse effect to the development of the remaining parcel; adverse effect to adjoining properties; and conflict with the borough’s Comprehensive Plan, zoning ordinance (Chapter 154 of this code of ordinances) or other state, county or borough ordinances, law or regulations.
MOBILE HOME. A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at the 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.
MOBILE HOME LOT. A parcel of land in a mobile home park, improved with the necessary utilities connections and other appurtenances necessary for the erection of a single mobile home.
MOBILE HOME PARK. 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.
MONUMENT. A concrete, stone or other permanent object placed to designate boundary lines, corners of property, and rights-of-way of streets and utilities, for the purpose of reference in land and property survey.
MULTIPLE DWELLING BUILDING. A building providing separate living quarters for three or more families.
MUNICIPAL AUTHORITY. A body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, being 53 Pa.C.S. §§ 5601 et seq., known as the Municipalities Authority Act of 1945.
MUNICIPALITIES PLANNING CODE. Act of Assembly of July 31, 1968, P.L. 805, being 53 P.S. §§ 10101 et seq., as amended.
ONE HUNDRED-YEAR FLOOD. A flood that has one chance in 100 or a 1% chance of being equaled or exceeded in any year. For the purpose of this chapter, the 100-YEAR FLOOD (base flood) as defined by Federal Insurance Administration, U.S. Department of Housing and Urban Development, in Flood Insurance Study, North York Borough, York County, Pennsylvania. Also, the REGULATORY FLOOD.
OWNER. The owner of record of a lot or parcel of land.
PERFORMANCE BOND. An agreement by and between a contractor and a bonding company in favor of the developer and the Borough Council members guaranteeing the completion of physical improvements.
PERFORMANCE GUARANTEE. Any security which may be in lieu of a requirement that certain improvements be made before the Council of the borough approves a final subdivision or land development plan, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PERSON. An individual, partnership, corporation or other legally recognized entity.
PLAN. The map or plan of a subdivision or land development, whether sketch, preliminary or final.
(1) PLAN, FINAL. A complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.
(2) PLAN, PRELIMINARY. A tentative land development plan, in lesser detail than the final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
(3) PLAN, SKETCH. An informal land development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval.
PLAN REVIEW BOARD. An agency having the authority to approve land development construction plans and applications for the issuance of building and zoning permits.
PLAN, SOIL EROSION AND SEDIMENTATION CONTROL. A plan for controlling erosion and sediment during construction which shall provide all steps, including scheduling, to assure erosion and sediment control during all phases of construction, including final stabilization.
PLANNING COMMISSION. The Planning Commission of Borough of North York.
PLAT. A map or plan of subdivision or use indicating the location and boundaries of individual properties.
PUBLIC GROUNDS. Includes:
(1) Parks, playgrounds, trails, paths and other recreational areas, and other public areas;
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
(3) Publicly owned or operated scenic and historic sites.
PUBLIC HEARING. A formal meeting held pursuant to public notice by the Borough Council, intended to inform the public and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING. A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. §§ 701 et seq.
PUBLIC NOTICE. 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.
REGULATORY FLOOD ELEVATION. The 100-year flood elevation plus freeboard safety factor of one and one-half feet.
RESERVE STRIP. A narrow parcel of ground having inadequate area for building purposes separating a street or a proposed street from other adjacent properties.
RESIDENT PROPERTY OWNER. Any individual maintaining a voting address in the borough, within 1,000 feet of the proposed subdivision, owning real estate in his or her own or joint names.
RESUBDIVISION. Any land development which has been approved by the borough which changes, or proposes to change, property lines and/or public rights-of-way not in strict accordance with the approved plan.
REVERSE FRONTAGE LOT. A lot extending between and having frontage on an arterial street and minor street with vehicular access solely from the latter.
RIGHT-OF-WAY. Land opened for use as a street, alley or crosswalk.
RUN-OFF. 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.
SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited, or remains suspended in water, it is usually referred to as SEDIMENT.
SEPTIC TANK. A water-tight tank in which raw sewage is broken down into solid, liquid and gaseous phases to facilitate further treatment and final disposal.
SETBACK. The required horizontal distance between a setback line and a property or street line.
(1) SETBACK, FRONT. The distance between the street line and the front setback line projected the full width of the lot; commonly called FRONT YARD.
(2) SETBACK, REAR. The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called REAR YARD.
(3) SETBACK, SIDE. The distance between the side lot yard and the side setback line projected from the front yard to the rear yard. Commonly called SIDE YARD.
SETBACK LINE. A line within a property and parallel to a property or street line which delineates the required minimum distance between a structure and the property or street line.
SEWAGE DISPOSAL SYSTEM, ON-SITE. A system of piping tanks or other facilities serving a lot and collecting and disposing of sewage in whole or in part into the soil.
SEWAGE DISPOSAL SYSTEM, PUBLIC. 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.
SHOULDER. The portion of a roadway (cartway) between the curb or gutter and the travelway intended for emergency and parking use.
SIGHT DISTANCE. The extent of unobstructed vision, in a horizontal or vertical plane, along a street, as defined in § 153.078.
SLOPE. The face of an embankment of 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.
SOIL PERCOLATION TEST. A field test conducted to determine the absorption capacity of soil to a specified depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal.
STREET. 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.
(1) ARTERIAL STREET. A street or road which is used primarily for fast or heavy traffic including all roads classified as federal-aid highways by the Pennsylvania Department of Transportation.
(2) COLLECTOR STREET. A street which carries traffic from minor streets to a major system of arterial streets, including the principal entrance streets of a residential development.
(3) CUL-DE-SAC STREET. A street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
(4) HALF OR PARTIAL STREET. A 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.
(5) MINOR STREET. A street which is used primarily for access to the abutting properties.
(6) SERVICE DRIVE OR ALLEY. A minor street which is used primarily for vehicle access to the back or side of properties otherwise abutting a street.
STREET GRADE. 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.
STREET LINE. A line defining the edge of a street right-of-way and separating the street from abutting property or lots, commonly known as the RIGHT-OF-WAY LINE.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION. 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, ten acres, not involving any new street or easement access or any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED. 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.
SURVEYOR. A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE. A low-lying stretch of land characterized as a depression used to carry surface water run-off.
TOP SOIL. Surface soils and subsurface soils which normally are fertile soils and soil material, ordinarily rich in organic matter of humus debris. TOP SOIL is usually found in the uppermost soil layer called the A Horizon.
UNDEVELOPED LAND. Land in parcels sufficiently large for future land development which is presently in agriculture, woodland or lying fallow.
UNIT. 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 is assigned to the property, structure or building.
WATER FACILITY. Any water works, water supply works, water distribution system, or part thereof, designed, intended or constructed to provide or distribute potable water.
WATERCOURSE. A stream of water, river, brook, creek or a channel, or ditch for water, whether natural or human-made.
WATER SURVEY. An inventory of the source, quantity, yield and use of groundwater and surface water resources of the borough.
(2006 Code, § 22-202) (Ord. 90-9, passed 9-10-1990, § 202; Ord. 91-2, passed 4-1-1991; Ord. 94-02, passed 5-2-1994, Art. I; Ord. 2006-3, passed 7-10-2006)