As used in this chapter, the following terms shall have the meanings indicated in this section:
ALLEYA 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.
APPLICATION FOR DEVELOPMENTEvery 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.
BLOCKAn area bounded by existing or proposed streets.
BUILDINGAny structure intended for the shelter, housing or enclosure of persons, animals or any other property.
BUILDING LINE or SETBACK LINEA 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.
CARTWAYThe portion of a street or alley intended for vehicular use.
CLEAR SIGHT TRIANGLEAn 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.
COMMON OPEN SPACEA 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.
COMPLETION GUARANTEEA deposit of cash, bond, certified check or negotiable securities and an agreement to the effect that the subdivider will install required improvements.
COMPREHENSIVE PLANA 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.
CROSSWALKA 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.
CUL-DE-SACA dead-end street designed to be so permanently, with a suitable vehicular turnaround at the closed end.
DEVELOPERAny 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.
DEVELOPMENT PLANThe 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.
DRAINAGE RIGHT-OF-WAYThe 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.
DWELLINGA 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.
EASEMENTA grant by the owner of land for the use of others, including the public.
FILING, PLATA 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.
IMPROVEMENTS, PUBLICAny 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.
LAND DEVELOPMENTAny 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.
(2) 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.
C. "Land development" does not include development which involves:
(1) 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.
(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building.
(3) 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.
LOCAL STREETA street which is used primarily for access to the abutting properties.
LOTA 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 DEPTHThe 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.
MAJOR STREETA street which is used primarily for fast or heavy traffic of an intercommunity nature and including state highways and turnpikes.
MARGINAL ACCESS STREETA local street which is adjacent to a major street and which provides access to abutting properties and protection from through traffic.
MOBILE HOMEA 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.
MOBILE HOME LOTA 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.
MOBILE HOME PARKA 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.
PLATA plan or map which shows the proposed layout of the subdivision.
PLAT, PRELIMINARYA preliminary map indicating the proposed subdivision which is submitted to the Borough Planning Commission for advice and direction.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas.
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA 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 MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice 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.
REPORTAny 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.
RIGHT-OF-WAYLand reserved for use as a street, alley, crosswalk or for other public purpose.
SIGHT DISTANCEThe 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.
STREETA 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.
STREET, COLLECTORA 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.
STREET, PARTIAL OR HALFA 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.
STREET, PUBLICA street accepted for public improvement and maintenance whether by borough, county or state governments.
SUBDIVIDERAny 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.
SUBDIVISIONThe 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.
WATERCOURSEChannel, creek, ditch, drain, dry run, spring or stream.