For the purposes of this chapter, certain terms used herein
shall be interpreted as follows:
A.
The present tense includes the future tense.
B.
The word "person" includes a firm, association, organization, partnership,
company or corporation as well as an individual.
C.
The word "shall" is mandatory; the word "may" is permissive.
D.
The word "lot" includes the words "plot," piece" and "parcel."
E.
The word "building" includes all structures, or parts thereof, affixed
to the land.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
A minor public way, having a right-of-way width between property
lines of 20 feet, for vehicular service access to the back or side
of properties otherwise abutting on a street.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to 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.[1]
An area bounded by existing or proposed streets.
Any structure intended for the shelter, housing or enclosure
of persons, animals or any other property.
A line parallel to a street or alley. Between such line and
the street or alley right-of-way line, no buildings or structures
may project, except steps, uncovered porches or terraces not exceeding
30 inches in height.
The portion of a street or alley 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 street center lines.
See "street, collector."
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 enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.[2]
A deposit of cash, bond, certified check or negotiable securities
and an agreement to the effect that the subdivider will install required
improvements.
A plan, which may consist of several maps, data and other
descriptive matter, as may be adopted, altered or revised from time
to time by the Planning Commission for guiding the orderly physical
development of the Borough or any portion thereof, including the general
locations for streets, parks or other public open spaces, public utilities,
schools and other facilities.[3]
A public right-of-way having a width of 10 feet or more within
a block, intended for pedestrian use, and from which motor vehicles
are excluded.
A dead-end street designed to be so permanently, with a suitable
vehicular turnaround at the closed end.
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.[4]
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.[5]
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.
A building or portion thereof, but not a mobile home or trailer,
designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings and multiple-family dwellings,
but not including hotels or lodging houses.
A building or portion thereof containing two or more dwelling
units.
A grant by the owner of land for the use of others, including
the public.
A plat shall be deemed to be filed with the Planning Commission or the Borough Council, as the case may be, when it has been received and properly receipted by the Building Inspector. The Building Inspector may refuse to receive a plat if the procedures under Article III of this chapter have not been fully observed. The Building Inspector shall transmit plats to the official bodies concerned.
Any or all of the following: grading, paving, curbs, gutters,
sidewalks, waterlines, sanitary and storm sewer lines and structures,
drainage channels and structures, curb returns, sidewalk and driveway
entrances within rights-of-way, guardrails, traffic signals and devices,
streetlights, retaining walls, sodding and planting.
Any of the following activities:[6]
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.
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.
"Land development" does not include development which involves:
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 building,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park;
for the purposes of this subsection, an "amusement park" is defined
as a tract or area 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.
A street which is used primarily for access to the abutting
properties.
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.[7]
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured across the rear of
the required front yard; provided, however, that the width between
side lot lines at their foremost points (where they intersect with
street lines) shall not be less than 80% of the required lot width
except in the case of lots on the turning circle of culs-de-sac or
curved streets, where the eighty-percent requirement shall not apply.
A street which is used primarily for fast or heavy traffic
of an intercommunity nature and including state highways and turnpikes.
A local street which is adjacent to a major street and which
provides access to abutting properties and protection from through
traffic.
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,
and constructed so that it may be used without a permanent foundation.[8]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.[9]
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.[10]
A plan or map which shows the proposed layout of the subdivision.
See "filing, plat."
A preliminary map indicating the proposed subdivision which
is submitted to the Borough Planning Commission for advice and direction.
See "improvements, public."
Includes:[11]
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.[12]
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.[15]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.[16]
Land reserved for use as a street, alley, crosswalk or for
other public purpose.
The maximum distance of unobstructed vision, in a horizontal
or vertical plane, along a street from a vehicle located at any given
point on the street, which shall take into account the visibility
over a crest vertical curve and the extent of headlight illumination
across a sag vertical curve.
A public way, having a right-of-way of no less than 50 feet
between property lines, for vehicular and pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, throughway,
turnpike, road, avenue, boulevard, lane, place, way, or however otherwise
designated.
A street which carries traffic from local streets to the
major streets, including the principal entrance streets of a residential
development and streets for circulation within such a development.
See "local street."
See "major street."
See "marginal access street."
A street, generally parallel and adjacent to a property line,
having a lesser right-of-way than normally required for satisfactory
improvement and use of the street.
A street accepted for public improvement and maintenance
whether by borough, county or state governments.
Any person who undertakes the subdivision of land, as defined
herein. A subdivider shall be an owner or authorized agent of the
owner of the land to be subdivided.
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 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.[17]
Channel, creek, ditch, drain, dry run, spring or stream.
