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.
ACCESS DRIVE
ALLEY
APPLICANT
APPLICATION FOR DEVELOPMENT (APPLICATION)
BLOCK
BOROUGH
BOROUGH CODE OFFICIAL
BOROUGH COUNCIL
BOROUGH ENGINEER
BOROUGH MANAGER
BOROUGH PLANNING COMMISSION (COMMISSION)
BOROUGH SECRETARY
BOROUGH SOLICITOR
BUILDING
BUILDING SETBACK LINE
CARBONATE AREAS
CARTWAY
CLEAR SIGHT TRIANGLE
CODE OFFICIAL
COMMISSION
COMMON PARKING AREA
CONDOMINIUM
COUNCIL
COUNTY
COUNTY PLANNING COMMISSION
CROSSWALK
DEDICATION
DEVELOPER
DWELLING
DWELLING UNIT
EASEMENT
ENDORSEMENT
ENGINEER
FIRE CHIEF
FLOODPLAIN
GRADE
IMPROVEMENTS
IMPROVEMENTS AGREEMENT
IMPROVEMENTS GUARANTY (FINANCIAL SECURITY)
LAND DEVELOPMENT (DEVELOPMENT OF LAND)
(1)
(a)
(b)
(2)
(3)
(a)
(b)
LANDOWNER
LOT, FLAG
LOT
LOT AREA
MAINTENANCE GUARANTY
MARKER
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MONUMENT
MULTIPLE-DWELLING BUILDING
MUNICIPALITY
PLAN, FINAL
PLAN, OFFICIAL
PLAN, PRELIMINARY
PLAN, RECORD
PLAN, SKETCH
PLANNING COMMISSION
PLAT
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC NOTICE
RESERVE STRIP
RESUBDIVISION
REVERSE FRONTAGE LOT
RIGHT-OF-WAY
SANITARY SEWERAGE SYSTEM, PUBLIC
SIGHT DISTANCE
SOLID WASTE
STREET
(1)
(2)
(3)
(4)
(5)
(6)
(7)
STRUCTURE
SUBDIVIDER
SUBDIVISION
(1)
(2)
SURVEYOR
UTILITY LINE(S)
WATER DISTRIBUTION SYSTEM, PUBLIC
Other terms or words used herein shall be interpreted
or defined as follows:
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.
See "service street."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development.
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.
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]
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]
The Borough Council of the Borough of Kutztown, Berks County,
Pennsylvania.
A duly registered professional engineer employed by the Borough
Council or engaged as a consultant thereto, or his duly authorized
representative.
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]
The Planning Commission of the Borough of Kutztown, Berks
County, Pennsylvania.
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]
The Solicitor appointed by the Borough Council or his duly
authorized representative. [2]
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.
The line within a property establishing the minimum required
distance between any building or structure and a street right-of-way.
Land within the borough which contains soils formed in material
from limestone.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
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.
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]
The Planning Commission of the Borough of Kutztown, Berks
County, Pennsylvania.
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.
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.
The Borough Council of the Borough of Kutztown, Berks County,
Pennsylvania.
The County of Berks, Commonwealth of Pennsylvania.
The Planning Commission of the County of Berks, Commonwealth
of Pennsylvania.
A right-of-way established for public use to facilitate pedestrian
access through a subdivision block.
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.
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.
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.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
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.
The application of the signatures of the President and Secretary
of the Borough Council and the Borough Seal to the plan.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
The person so elected by the Kutztown Fire Company No. 1
or his duly authorized representative.
A land area susceptible to being inundated by water from
any source.
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.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
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.
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.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots, regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following are excluded from the definition
of "land development:"
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
The addition of an accessory building, including
farm buildings on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A 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.
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.
The area contained within the property lines of a lot excluding
space within all street rights-of-way and permanent drainage easements.
A guaranty by the developer of the structural integrity of
improvements dedicated to the borough.
A metal pipe or pin of at least three-fourths (3/4) inch
in diameter and at least 24 inches in length.
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.
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 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.
A building providing separate dwelling units for three or
more families.
The Borough of Kutztown, Berks County, Pennsylvania.
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.
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.
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.
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.
An informal plan indicating salient existing features of
a tract and the general layout of a proposed subdivision or land development.
The Planning Commission of the Borough of Kutztown, Berks
County, Pennsylvania.
A map or plan of a subdivision or land development, whether
preliminary or final.
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.
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.
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.
A parcel of ground in separate ownership separating a street
from other adjacent properties, or from another street, either proposed
or existing.
Any replatting of land, including changes to recorded subdivision
or land development plans. See also "subdivision."
A lot extending between and having frontage on two generally
parallel streets, excluding service streets, with vehicular access
solely from one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
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.
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.
Garbage, refuse and other discarded materials.
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.
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.
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.
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.
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.
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.
MINOR STREETA street used primarily to provide access to abutting properties or buildings.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
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.
The enumerating of lots shall include as a lot
that portion of the original tract remaining after other lots have
been subdivided therefrom.
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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
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.
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.
