As used in this chapter, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, nonincorporated association and a partnership, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, lane, arterial and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring and stream. The word "may" is permissive; the words "shall" and "will" are mandatory, subject, however, to the provisions of §
140-32 hereof.
When used in this chapter, the following terms
are defined as follows:
ALLEY
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties. An alley cannot be
privately owned.
BLOCK
An area bounded by streets.
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 street right-of-way lines.
COMMISSION
The East Stroudsburg Borough Planning Commission.
COMMISSION ENGINEER
The engineer or other qualified person designated by the
Planning Commission to perform all administrative and/or supervisory
duties required of the Commission Engineer by the provisions of this
chapter.
COUNCIL
The East Stroudsburg Borough Council.
CUL-DE-SAC
A minor street having one open end to traffic and permanently
terminated at the other by a vehicular turnaround.
DEDICATION
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
such as 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, planned residential development or land development.
DRIVEWAY
A private road giving access from a public way to a building
or abutting grounds.
EASEMENT
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
HALF OF PARTIAL STREET
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way width than normally required for satisfactory
improvements and use of the street.
INTERIOR WALK
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
LAND DEVELOPMENT
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 of 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.
LOT
A tract or parcel of land intended for transfer of ownership,
use or improvement.
MINOR SUBDIVISION
The division of a single lot, tract or parcel of land into
not more than two lots, tracts or parcels of land.
PAVEMENT
The portion of a street or alley intended for vehicular use.
PLAN, FINAL
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights and proposed
streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision plan, in lesser detail than a final
plan, showing approximate proposed streets and lot layout as a basis
for consideration prior to preparation of a final plan.
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings and the general
layout of the proposed subdivision.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic
street and a minor street and with vehicular access solely from the
latter.
RIGHT-OF-WAY
Land reserved for use as a street, alley or interior walk
or for other public purpose.
SETBACK OR BUILDING LINE
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
SIGHT DISTANCE
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a street from a vehicle located at any given
point on the street.
STREET
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation. Classes
of streets are as follows:
A.
MAJOR TRAFFIC STREETSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania State Highway Department, and include streets classified as arterial thoroughfares or primary streets in the Traffic Plan adopted by the Borough Planning Commission.
B.
COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets, and include streets classified as secondary streets in the Traffic Plan adopted by the Borough Planning Commission.
C.
MINOR STREETSThose used primarily to provide access to abutting property.
D.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
E.
STREET LINEThe dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line.
SUBDIVIDER
The owner or authorized agent of the owner of a subdivision.
SUBDIVISION
A.
A division of any part, parcel or area of land
by the owner or agent, either by lots or by metes and bounds, into
lots or parcels two or more in number for the purpose, whether immediate
or future, of conveyance, transfer, improvement or sale with appurtenant
roads, streets, lanes, alleys and ways, dedicated or intended to be
dedicated to public use, or for the use of purchasers or owners of
lots fronting thereon. A subdivision as defined above includes division
of a parcel of land having frontage on an existing street into two
or more lots having frontage on the existing street.
B.
Any development of a piece of land that involves
installation of sanitary sewers, storm sewers, water mains, gas mains
or pipes or other facilities for the use, whether immediate or future,
of the owners or occupants of the land or of buildings abutting thereon.
C.
Any development of a parcel of land (for example,
as a shopping center or a multiple-dwelling project) which involves
installation of streets and/or alleys, even though the streets and
alleys may not be dedicated to public use and the parcel may not be
divided immediately for purposes of conveyance, transfer or sale.
D.
The term "subdivision" includes resubdivision
and, as appropriate in this chapter, shall refer to the process of
subdividing land or to the land subdivided.
E.
Minor subdivision. The subdivision of a single
lot, tract or parcel of land into not more that two lots, tracts or
parcels of land.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, 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 according to the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
YARD
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or group of buildings,
which open space lies between the principle building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward.
A.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward.
B.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward.
C.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward.