A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated:
(1) 
Words in the singular include the plural, and those in the plural include the singular.
(2) 
Words used in the present tense include the future tense.
(3) 
The words "person," "subdivider," "owner" and "developer" include a corporation, incorporated association and a partnership, or other legal entity, as well as an individual.
(4) 
The word "building" includes structures and shall be construed as if followed by the phrase "or part thereof."
(5) 
The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river.
(6) 
The words "should" and "may" are permissive; the words "shall," "must" and "will" are mandatory and directive.
(7) 
For words used in this chapter but not defined in this chapter, any definition established in Chapter 225, Zoning, shall apply.
(8) 
Words in the masculine gender include the feminine and the neuter.
B. 
Other terms or words used herein shall be interpreted or defined as follows:
ACCESS DRIVE
A private drive providing vehicular access between a public or private street and a building parking area and/or loading area within a land development.
ALLEY
See "service street."
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT (APPLICATION)
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development.
BLOCK
A tract of land or a lot or group of lots, bounded on all sides by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the borough or by any combination thereof.
BOROUGH
The Borough of Kutztown, Berks County, Pennsylvania. It shall also mean the representative designated by the Borough Council to receive and process applications for development. [1]
BOROUGH CODE OFFICIAL
The agent or official designated by Borough Council to administrate and enforce Chapter 225, Zoning, or his duly authorized representative.
[Amended 2-10-1998 by Ord. No. 2-1998]
BOROUGH COUNCIL
The Borough Council of the Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH ENGINEER
A duly registered professional engineer employed by the Borough Council or engaged as a consultant thereto, or his duly authorized representative.
BOROUGH MANAGER
The corporate official appointed by the Borough Council as the Borough Manager or such official's properly designated representative.
[Amended 12-26-1995 by Ord. No. 12-1995]
BOROUGH PLANNING COMMISSION (COMMISSION)
The Planning Commission of the Borough of Kutztown, Berks County, Pennsylvania.
BOROUGH SECRETARY
The corporate official appointed by the Borough Council as the Borough Secretary or such official's properly designated representative.
[Amended 12-26-1995 by Ord. No. 12-1995]
BOROUGH SOLICITOR
The Solicitor appointed by the Borough Council or his duly authorized representative. [2]
BUILDING
Any combination of materials forming any structure which is erected on the ground and permanently fixed thereto, designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals, or property of any kind.
BUILDING SETBACK LINE
The line within a property establishing the minimum required distance between any building or structure and a street right-of-way.
CARBONATE AREAS
Land within the borough which contains soils formed in material from limestone.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
CODE OFFICIAL
The agent or official designated by Borough Council to administrate and enforce Chapter 225, Zoning, or his duly authorized representative.
[Added 2-10-1998 by Ord. No. 2-1998]
COMMISSION
The Planning Commission of the Borough of Kutztown, Berks County, Pennsylvania.
COMMON PARKING AREA
A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, one townhouse, one two-family detached dwelling or one two-family semidetached dwelling is located.
CONDOMINIUM
Real estate, portions of which in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended, [3] 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.
COUNCIL
The Borough Council of the Borough of Kutztown, Berks County, Pennsylvania.
COUNTY
The County of Berks, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Planning Commission of the County of Berks, Commonwealth of Pennsylvania.
CROSSWALK
A right-of-way established for public use to facilitate pedestrian access through a subdivision block.
DEDICATION
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEVELOPER
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.
DWELLING
A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other within the building. The term "dwelling" shall not be deemed to include hotel, motel or tourist home.
DWELLING UNIT
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
EASEMENT
A right-of-way granted, but not dedicated, for limited use of private land for public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee or this chapter.
ENDORSEMENT
The application of the signatures of the President and Secretary of the Borough Council and the Borough Seal to the plan.
ENGINEER
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
FIRE CHIEF
The person so elected by the Kutztown Fire Company No. 1 or his duly authorized representative.
FLOODPLAIN
A land area susceptible to being inundated by water from any source.
GRADE
The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
IMPROVEMENTS
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
IMPROVEMENTS AGREEMENT
An agreement between the Borough of Kutztown and a subdivider which provides for an improvements guaranty for the completion of improvements within the subdivision or land development, establishes responsibilities of the borough and subdivider regarding the completion and observation of improvements and specifies such other items regarding improvements which are agreed to between the borough and the subdivider.
IMPROVEMENTS GUARANTY (FINANCIAL SECURITY)
Any security which is accepted by the borough to guarantee that certain improvements will be made within the subdivision or land development, including performance bonds, escrow agreements and any other collateral or surety agreements.
LAND DEVELOPMENT (DEVELOPMENT OF LAND)
(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; or
(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.
(3) 
The following are excluded from the definition of "land development:"
(a) 
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;
(b) 
The addition of an accessory building, including farm buildings on a lot or lots subordinate to an existing principal building.
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 is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LOT, FLAG
A lot of irregular shape that has a narrow access strip (not meeting the minimum lot widths requirements of Chapter 225, Zoning, and thus too narrow for the construction of a principal building) leading from a street or other right-of-way to a wider portion of the lot which is intended for construction or a principal building and which wider portion complies with the minimum lot width requirements of Chapter 225, Zoning.
LOT
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The area contained within the property lines of a lot excluding space within all street rights-of-way and permanent drainage easements.
MAINTENANCE GUARANTY
A guaranty by the developer of the structural integrity of improvements dedicated to the borough.
MARKER
A metal pipe or pin of at least three-fourths (3/4) inch in diameter and at least 24 inches in length.
MOBILE HOME
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.
MOBILE HOME LOT
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.
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 stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (one-fourth-inch drill hole) and at least 24 inches in length. It is recommended that the bottom sides or radius be at least two inches greater than the top, to minimize movements caused by frost.
MULTIPLE-DWELLING BUILDING
A building providing separate dwelling units for three or more families.
MUNICIPALITY
The Borough of Kutztown, Berks County, Pennsylvania.
PLAN, FINAL
A complete and exact subdivision or land development plan (including all required supplementary data), prepared for official recording to define property rights and proposed streets and other improvements.
PLAN, OFFICIAL
The Comprehensive Development Plan and/or Master Plan and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map and/or Topographical Survey and/or other such plans, or portions thereof, as may have been adopted pursuant to statute.
PLAN, PRELIMINARY
A tentative subdivision or land development plan (including all required supplementary data), in lesser detail than a final plan, showing, among other things, topographical data and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN, RECORD
The copy of the final plan which contains the original endorsements of the County Planning Commission and the Borough Council and which is intended to be recorded with the County Recorder of Deeds.
PLAN, SKETCH
An informal plan indicating salient existing features of a tract and the general layout of a proposed subdivision or land development.
PLANNING COMMISSION
The Planning Commission of the Borough of Kutztown, Berks County, Pennsylvania.
PLAT
A map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC GROUNDS
Parks, playgrounds, trails, paths and other recreational areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites.
PUBLIC HEARING
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.
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.
RESERVE STRIP
A parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.
RESUBDIVISION
Any replatting of land, including changes to recorded subdivision or land development plans. See also "subdivision."
REVERSE FRONTAGE LOT
A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.
SANITARY SEWERAGE SYSTEM, PUBLIC
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally not confined to one neighborhood.
SIGHT DISTANCE
The required 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. Sight distance measurement shall be made from a point 3.5 feet above the center line of the road surface to a point five-tenths (0.5) feet above the center line of the road surface.
SOLID WASTE
Garbage, refuse and other discarded materials.
STREET
A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, alley, lane and road or similar terms.
(1) 
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic. At the date of adoption of this chapter, arterial streets within the borough were West Main Street and East Main Street.
(2) 
COLLECTOR STREETA street which intercepts minor streets to provide a route to give access to community facilities and/or other collector and arterial streets. Generally, streets in industrial and commercial subdivisions shall be considered collector streets. At the date of adoption of this chapter, collector streets within the borough were Normal Avenue, Willow Street, Constitution Boulevard, Greenwich Street, North Constitution Boulevard, Noble Street, West Walnut Street, College Boulevard, Wentz Street and North Elm Street.
(3) 
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end, or a minor street which intersects another street at one end, forms a loop and intersects itself. The length of a cul-de-sac street shall be measured from the intersection of street right-of-way lines nearest the turnaround to the farthest portion of the turnaround, along the center line of the cul-de-sac street.
(4) 
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
(5) 
MARGINAL ACCESS STREETA minor street parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with the arterial street.
(6) 
MINOR STREETA street used primarily to provide access to abutting properties or buildings.
(7) 
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVIDER
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision or a land development.
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 agriculture purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted. The term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term "subdivision" includes resubdivision.
(1) 
The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom.
(2) 
The combining of two or more recorded lots into one lot via the creation of a new deed shall not constitute subdivision, provided that no existing lot is divided by any means.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
UTILITY LINE(S)
All electric, telephone, television cables, whether overhead or underground, and gas, oil and other distribution and transmission pipes. The term shall also apply to electric supply lines to street and/or tract lighting.
WATER DISTRIBUTION SYSTEM, PUBLIC
A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.
[1]
Editor's Note: The former definition of "Borough Code Enforcement Officer," which immediately followed this definition, was deleted 2-10-1998 by Ord. No. 2-1998. See now the definition of "Code Official."
[2]
Editor's Note: The former definition of "Borough Superintendent," which immediately followed this definition, was deleted 12-26-1995 by Ord. No. 12-1995.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.