Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
ACCESSORY USE OR STRUCTURE
A use of land or of a structure or portion thereof incidental
and subordinate to the principal use of the land or building and located
on the same lot with such principal use. A portion of a principal
building used for an accessory use shall not be considered an accessory
structure.
ADDITION
An extension or increase in floor area or height of a building
or structure. See also "alteration" and repair.
ALLEY
A right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties.
ALTERATION
Any construction or renovation to an existing structure other
than a repair or an addition.
APPLICANT
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
APPLICATION
Any application required to be filed for approval in accord
with the requirements of this chapter.
BLOCK
A tract of land, a lot or groups of lots, bounded by streets,
public parks, watercourses, municipal boundary lines, unsubdivided
land or by any combination of the above.
BOROUGH
The Borough of Mount Pocono, Monroe County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Mount Pocono, Monroe
County, Pennsylvania.
BUFFER
A strip of land with fencing, dense vegetative planting,
additional setback distances, berms, or a combination thereof, that
separates one use from another use or feature and is not occupied
by any building, parking, outdoor storage or any use other than open
space or approved pedestrian pathways or improvements, which is used
to provide separation between incompatible uses to effect a visual
barrier, block physical passage between uses, and reduce noise, dust
and litter.
BUFFER, WATER QUALITY
The area of land immediately adjacent to any wetland, lake,
pond, vernal pond, or stream, measured perpendicular to and horizontally
from the delineated edge of the wetland, lake, pond, or vernal pond,
or the top-of-bank on both sides of a stream to provide separation
from an intensive land use area (e.g., subdivision, farm) and minimize
sediment and other pollutant loading; also referred to as "filter
strips," "vegetated filter strips," and "grassed buffers."
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING COVERAGE
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches, carports and breezeways, but excluding open and uncovered
patios and decks).
BUILDING ENVELOPE
An area on a lot or development parcel which has been designated
as the area in which development may occur. Building envelopes are
identified by building setbacks, conservation areas, site conditions
and other factors, and shall be specifically designated on the development
plan and established by deed covenants and restrictions.
BUILDING HEIGHT
The average vertical distance from finished grade at the
front and rear of the building to the top of the highest roof beams
on a flat or shed roof, to the deck level on a mansard roof, and the
average distance between the eaves and the ridge level for gable,
hip, and gambrel roofs not including chimneys, spires, elevator shaft
extensions, mechanical appurtenances, and similar projections.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CALIPER
The diameter of a tree's trunk measured 12 inches above
the ground.
CAMPGROUND or RECREATIONAL VEHICLE PARK
A plot of ground upon which two or more campsites are located,
established or maintained for temporary occupancy by persons using
tents or recreational vehicles, and which shall not be used for long-term
residency of occupants. All campgrounds and recreational vehicle parks
shall be considered a recreational subdivision or land development.
CAMPSITE
A lot within a recreational vehicle park or campground to
be used for camping purposes, and acting as a site for travel trailers,
truck campers, camper trailers, motor homes, or tents, marked by the
developer on a plan as a numbered, lettered, or otherwise identified
tract of land.
CARTWAY (ROADWAY)
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travel way and shoulders.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
COMMON AREA
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
COMMON FACILITIES
Improvements in a development that are not required by the
Borough but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
COMPREHENSIVE PLAN
The Coolbaugh Township, Borough of Mount Pocono, Tobyhanna
Township, and Tunkhannock Township Regional Comprehensive Plan, including
all maps, charts and textual matter.
CONSERVATION AREA, PRIMARY
Those areas of a development tract which are comprised of
environmentally sensitive lands on which development is minimized.
CONSERVATION AREA, SECONDARY
Those areas of a development tract which are somewhat less
sensitive than primary conservation areas and which may be critical
to the effect the development will have on both the natural environment
and the rural character of the community.
CONSERVATION EASEMENT
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited development
(e.g., a residential structure) and other compatible uses such as
agriculture and forestry.
COUNTY
The County of Monroe, Commonwealth of Pennsylvania.
DEAD-END STREET
A street or portion of a street with only one vehicular outlet
but which has a temporary turnaround and which is designed to be continued
when adjacent open land is subdivided.
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures; the placement
of manufactured homes; streets and other paving; utilities; filling,
grading, excavation, mining, dredging or drilling operations, and
the subdivision of land.
DEVELOPMENT IMPROVEMENTS
All the physical additions and changes to a tract and the
constructed facilities necessary and/or required by the municipality
to produce a usable and functional development, including, but not
limited to, roads, parking areas, stormwater controls and drainage
easements, landscaped areas, utilities, and water supplies and sewage
disposal systems.
DEVELOPMENT PLAN
A proposed development plan, prepared in accordance with
this chapter and the Borough's Zoning Ordinance, including a plat of the subject parcel and any subdivision,
locations of various uses, and all covenants relating to uses, locations
and sizes of buildings and other structures, intensity of use or density
of development, streets, ways, parking facilities, common open spaces,
and public facilities.
DISTURBANCE
Any action which results in the cutting or removal of vegetation
on any land and/or which results in the turning, displacement, grading
or removal of any soil.
DISTURBED AREA
Any area of land on which the vegetation has been cut or
removed, or where the soil has been turned, displaced, graded or removed.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
DRIVEWAY
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the said road.
DWELLING
A structure or portion thereof which is used exclusively
for human habitation.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household. Any part of a dwelling
structure which is not connected with full unrestricted access to
all other parts of the dwelling structure is considered a separate
dwelling unit.
DWELLING, APARTMENT UNIT
One or more rooms with private bath and kitchen facilities,
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
DWELLING, MULTIFAMILY
(See also "multifamily project.") A building or buildings
designed for occupancy by three or more families living independently
of each other in separate dwelling units. The term "multifamily dwelling"
shall include condominium as well as noncondominium housing units,
including the following construction types:
A.
TOWNHOUSEA dwelling unit located in a multifamily dwelling not exceeding 2 1/2 stories or 35 feet in height, in which each unit has its own front access to the outside and may have a rear access to the outside; no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
B.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 dwelling units and not exceeding 2 1/2 stories or 35 feet in height, with access to each apartment unit usually from a common hall, with the apartment units located back-to-back, adjacent, or one on top of another.
C.
APARTMENT BUILDINGA multifamily dwelling originally designed as such, containing three or more apartment units, which is more than 2 1/2 stories but not exceeding the height limitations (in feet) of this chapter.
DWELLING, SINGLE-FAMILY
A.
DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
B.
SEMIDETACHEDA single-family dwelling unit that is attached to one other single-family dwelling unit by a common vertical wall with each dwelling located on a separate lot.
C.
LOT LINEA single-family detached dwelling on an individual lot, with the building set on or close to one side property line, so that the lot essentially has only one side setback. This side setback and the rear setback constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed in the building wall that is on the lot line. If the building is set on the lot line, a five-foot easement is provided on the adjacent property along the lot line for necessary access and maintenance of the building wall.
DWELLING, SINGLE-FAMILY DETACHED
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
DWELLING, TWO-FAMILY
A building containing two dwelling units either attached
side by side through the use of a vertical party wall and having one
side setback adjacent to each dwelling unit; or upstairs/downstairs
units. (See also "multifamily project for two-family dwellings" in
"multifamily project.")
EARTH DISTURBANCE ACTIVITY
Any activity, including, but not limited to, construction,
mining, farming, timber harvesting and grubbing, which alters, disturbs
and exposes the existing land surface.
EASEMENT
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
EMPLOYEE
Including, but not limited to, full or part-time workers,
volunteers, proprietors and all professionals.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
ENGINEER, BOROUGH
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough and/or
Planning Commission.
GRADE
A.
The average finished ground elevation adjoining a building;
or
B.
The degree of inclination of a slope, road, or other surface.
GRADE, FINISHED
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
GRADE, NATURAL
The elevation of the ground level in its natural state before
construction, filling, or excavation.
IMPERVIOUS SURFACE
A surface that prevents the percolation of water into the
ground, such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
LAND DEVELOPMENT
B.
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 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.
The definition of "land development" shall also include the
expansion or addition to a nonresidential building which involves
any of the following as measured cumulatively from the effective date
of this provision:
(1)
The addition of 25% or more of floor area to the structure;
or
(2)
The increase by 25% or more of impervious area (including building
area) on the parcel; or
(3)
Any increase in impervious area which will result in the generation
of stormwater in such volume as will not be controlled by existing
stormwater facilities pursuant to the requirements of this chapter.
D.
The definition of "land development" shall not include the following:
(1)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than two residential
units, unless such units are intended to be a condominium.
(2)
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), or a lessee if he
is authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in the land.
LOT
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.
LOT AREA
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet) determined by deducting from the total lot size the areas of constrained land as specified in Code §
215-23E for development on parcels of three acres or more. [See Code §
215-23C(1)(a)] or Code §
215-20B for development parcels of less than three acres.] In the case of a flag lot, the lot area shall not include the access.
LOT COVERAGE
That portion of the lot covered by all created improvements,
including but not limited to primary buildings, decks, porches, accessory
buildings, paving, patios, sidewalks, pools and other impervious areas;
provided that, where a municipal boundary bisects a lot, the total
area of the lot, regardless of the municipal boundary, shall be used
for the purpose of determining compliance with the permitted lot coverage.
LOT DEPTH
The horizontal distance between the midpoint of the front
lot line and the midpoint of the rear lot line. On corner lots, lot
depth shall be measured along the longest dimension of the lot.
LOT LINE
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space. See also "setback, required."
LOT LINE, FRONT
The lot line(s) separating the lot from any street. In the
case of a flag lot, the lot line where the narrow access corridor
widens shall be considered the front lot line.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See Code §
215-20 for corner lots.)
LOT WIDTH
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required or approved front setback lines.
In the case of a lot fronting on a cul-de-sac turnaround or curve,
along a chord perpendicular to a radial line located equidistant between
the side lot lines, the said chord shall intersect the radial line
at a point located at the required or approved building setback line.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
LOT, DOUBLE-FRONTAGE
A lot extending between and having frontage on two streets,
with vehicular access limited to one street. If the streets are of
different classification, vehicular access is limited to the street
of the lesser classification.
LOT, EXISTING OF RECORD
Any lot or parcel of property which was legally in existence
and properly on file with the Monroe County Recorder of Deeds prior
to August 6, 1974, the effective date of the original Borough Zoning
Ordinance.
LOT, FLAG OR PANHANDLE
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.
MASS
A grouping of three or more trees, each at least 1 1/2
inch in caliper, within an area of 100 square feet.
MATURE TREE
Any tree of six inches or more in caliper, whether standing
alone, in tree masses, or woodlands. A mature tree shall be a healthy
specimen and shall be a desirable species, as specified in the Borough
Landscaping Regulations.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINIMIZE
To reduce to the smallest amount possible. "Minimize" does
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two 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, and which is subject to United States Department
of Housing and Urban Development regulations.
MOBILE HOME LOT
A parcel of land in a mobile home park which is leased by
the park owner to the occupants of the mobile home erected on the
lot and which is 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 as defined by this chapter.
MPC
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as enacted and amended.
MULTIFAMILY PROJECT
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a "multifamily project." Two-family dwellings in a multifamily
project shall be considered townhouses.
MUNICIPALITY
The Borough of Mount Pocono, Monroe County, Pennsylvania.
NEIGHBORHOOD
A development of five to 25 single-family detached dwellings
clustered in a concentrated area which is surrounded by open land
or recreation area.
OFFICIAL MAP
A map adopted by Borough ordinance in accord with Article
IV of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as enacted and amended.
OPEN LAND or OPEN SPACE
An area that is intended to provide light and air and is
designed for environmental, scenic, recreational, resource protection,
amenity and/or buffer purposes, and which contains no development
improvements which are not specifically permitted by this chapter
or the Borough Zoning Ordinance.
OPEN SPACE, COMMON
Open space that is part of a particular conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
OPEN SPACE, CONSERVATION
Open space that is part of a particular conservation design
subdivision development tract set aside for the protection of sensitive
natural features, farmland, forestland, scenic views and other primary
and secondary conservation areas and which is permanently restricted
from further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Borough, or it may contain areas of farmland or forestland which
are not accessible to project residents or the public.
OWNER
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to submit an
application for the development or use of land.
PA DEP
The Pennsylvania Department of Environmental Protection.
PA DOT
The Pennsylvania Department of Transportation.
PARKING SPACE, OFF-STREET
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
PARKING SPACE, ON-STREET
A temporary storage area for a motor vehicle that is located
on a public or private street right-of-way.
PERFORMANCE GUARANTEE
A written instrument which may be accepted by the Borough
Council in lieu of a requirement that certain improvements be made
by a developer before the final plan is granted final approval and
released for recording, which shall provide for the deposit with the
Borough of financial security in an amount sufficient to cover the
costs of any improvements or common amenities, including, but not
limited to, roads, sanitary sewage facilities, water supply and distribution
facilities, stormwater detention and/or retention basins and other
related drainage facilities, recreational facilities, open space improvements
and buffer or screen planting which may be required.
PLAN or PLAT
A map or drawing indicating the subdivision or resubdivision
of land or a land development which in its various stages of preparation
includes the following:
A.
SKETCH PLANAn informal plan, identified as such with the title "Sketch Plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Borough. This plan is drawn on tracing paper or similar material enabling municipal officials to see the relationship between the proposed layout and the property's features as identified on the Existing Resources and Site Analysis Map.
B.
PRELIMINARY PLANA complete plan identified as such with the wording "Preliminary Plan" in the title accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional").
C.
FINAL PLANA complete and exact plan identified as such with the wording "Final Plan" in the title, with a qualified professional's seal (see definition of "qualified professional") affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
D.
RECORD PLANThe copy of the final plan which contains the original endorsements of the Borough Council and which is intended to be recorded with the County Recorder of Deeds.
PLANNING COMMISSION
The Planning Commission of the Borough of Mount Pocono, Monroe
County, Pennsylvania.
POSITIVE DRAINAGE
Sufficient slope to drain surface water away from buildings
without ponding.
PRIMITIVE-TYPE CAMPING FACILITY
An overnight camping facility with no improvements beyond
those required by law; no permanent structures other than tent platforms,
privies and maintenance buildings; and designed and restricted to
accommodate only persons using tents or similar apparatus to camp
in, not including any vehicle on wheels.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the Municipalities
Planning Code (MPC).
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
QUALIFIED PROFESSIONAL
An individual authorized to prepare plans pursuant to § 503(1)
of the MPC, which states that plats and surveys shall be prepared
in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known
as the "Engineer, Land Surveyor and Geologist Registration Law," except
that this requirement shall not preclude the preparation of a plat
in accordance with the act of January 24, 1966 (P.L. 1527, No. 535),
known as the "Landscape Architects Registration Law," when it is appropriate
to prepare the plat using professional services set forth in the definition
of the "practice of landscape architecture" under section 2 of that
act.
RECREATIONAL SUBDIVISION OR LAND DEVELOPMENT
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, or parcels of land involving
changes in existing lot lines for the purpose, whether immediate or
future, of lease, rent, sale, or transportation of ownership to provide
a site for occupancy by travel trailers, truck campers, camper trailers,
motor homes, or tents for transient use, whether or not a fee is charged.
Campgrounds, RV parks, primitive camping grounds and other similar
facilities shall fall under this definition.
RECREATIONAL VEHICLE
A vehicle primarily designed and utilized as temporary living
quarters for recreational, camping or travel use, whether self-propelled
or mounted on or drawn by another vehicle, and including travel trailers,
recreational trailers, camping trailer, truck camper, motor homes
and similar types of vehicles.
RESERVE STRIP
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
RESERVOIR SIZE
To be determined by the FHWA (Federal Highway Administration)
Vehicle Classifications. Classes 1, 2 and 3 would be a maximum of
20 feet and Classes 4 through 13 would be a maximum of 75 feet.
RESERVOIR SPACE
A parking place provided to accommodate a vehicle which is
queued in a lane awaiting service in a drive-in facility such as a
bank, fast-food restaurant or a car wash or truck wash.
RESUBDIVISION
Any revision, replatting or resubdivision of land which includes
changes to a recorded plan.
RIGHT-OF-WAY
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
RUNOFF
That portion of rainfall or snowmelt which does not enter
the soil but moves off the surface.
SCREENED
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises,
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Borough.
SCREENING
A method of visually shielding or obscuring a structure or
use from another by topography, fencing, walls, berms, planted vegetation
or a combination of these methods.
SETBACK, FRONT
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the front lot line. See also "yard" and
"lot line."
SETBACK, REAR
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the rear lot line. See also "yard" and "lot
line."
SETBACK, REQUIRED
The required minimum open space between the principal structure(s),
accessory structures, or other improvements and the nearest lot line
or right-of-way, as provided by this chapter. See also "yard" and
"lot line."
SETBACK, SIDE
A required minimum open space extending from the front setback
to the rear setback between the principal structure(s), accessory
structures, or other improvements and the side lot line. See also
"yard" and "lot line."
SEWAGE DISPOSAL, CENTRAL, COMMUNITY OR OFF-SITE
A sewage collection and disposal system in which sewage is
carried from more than one individual lot, dwelling or other unit
by a system of pipes to a central treatment and subsurface or other
type of disposal area or stream discharge in compliance with the Pennsylvania
Department of Environmental Protection regulations and/or regulations
of the Mount Pocono Municipal Authority, whichever may be more stringent.
SEWAGE DISPOSAL, ON-LOT OR ON-SITE
Any structure designed to biochemically treat sewage within
the boundaries of an individual lot from one individual dwelling or
other type unit.
SEWAGE ENFORCEMENT OFFICER (SEO)
The Borough official certified by the Pennsylvania Department
of Environmental Protection, who reviews permit applications and sewage
facilities planning modules, issues permits as authorized by the Pennsylvania
Sewage Facilities Act, as amended, and conducts investigations and inspections
that are necessary to implement the Act and the regulations thereunder.
SEWAGE TREATMENT PLANT
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection,
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system which may be publicly or privately owned and operated, and
which uses mechanical, biological and chemical processes to treat
and dispose of domestic sewage in accord with DEP Rules and Regulations
involving an effluent discharge to surface waters or to a soil-based
or other treatment system.
SHOULDER
The improved portion of a street immediately adjoining the
travel way.
SIGHT DISTANCE
The 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.
SPECIMEN TREE
Any tree with a caliper that is 12 inches or more in diameter
at breast height.
STATE
The Commonwealth of Pennsylvania and its agencies.
STREET
A strip of land including the entire right-of-way intended
for use as a means of vehicular and pedestrian circulation.
A.
ARTERIALDesigned primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are designated as limited, controlled, or partial access streets. Arterial streets serve an unlimited number of dwelling units and unlimited average daily traffic.
B.
CONNECTORCollect traffic from minor, local access and collector streets and also provide a connection to arterial streets and expressways and between connector streets and serve an unlimited average daily traffic.
C.
COLLECTORGather traffic from minor and local access streets, and they feed this traffic to connector and arterial streets and expressways. Collector streets carry heavier traffic volumes than local streets although they also provide direct access to individual uses located along them. Collector streets serve up to an average daily traffic count of 4,000 vehicles.
D.
MINORProvide direct access to individual uses or gather traffic from local access streets and feed this traffic to collector streets. Minor streets serve up to an average daily traffic count of 1,500 vehicles.
E.
LOCALPrimarily provide direct access to individual uses. They serve to provide the connecting link between the beginning or end point of a trip and the higher categories of streets.
(1)
CUL-DE-SACA local access street which is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end
(2)
LOOP ROADA local access street which intersects other streets on each end and may intersect a cul-de-sac street at some point between each end.
F.
MARGINAL ACCESSA minor street which is parallel and adjacent to major traffic streets. They provide access to abutting properties and control of intersections with major traffic streets.
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 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.
A.
MINOR SUBDIVISIONA subdivision that creates five lots or less, or the cumulative development on a lot-by-lot basis for a total of five lots or less of any original tract of record (i.e., not subdivided or developed subsequent to November 5, 1973, the effective date of the original Borough Subdivision and Land Development Ordinance), and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
B.
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
C.
LOT IMPROVEMENT SUBDIVISION(Also known as "add-on subdivision.") A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or re-allotment of small lots into a larger lot or lots.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to this chapter) of those improvements
required as a condition for final approval have been completed in
accordance with the approved plan, so that the project will be able
to be used, occupied or operated for its intended use.
SURVEYOR
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
TENT
A movable shelter made of canvas or other similar new material
and supported by a pole or poles.
TRAVEL WAY
The portion of the cartway used for normal movement of vehicles.
UNDISTURBED AREA
Any area of land on which the vegetation has not been cut
or removed or where the soil has not been turned, displaced, graded
or removed.
VERNAL POND OR POOL
An isolated, contained basin depression that holds water
for at least two months in the spring and summer, critical to several
amphibian, reptile and invertebrate species. It also provides important
storage for stormwater runoff and spring snowmelt that would otherwise
contribute to downstream flooding.
WATERCOURSE
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
WETLAND
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, fens, and similar areas, and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
WOODLAND
A stand of predominantly native vegetation covering at least
one acre, consisting of at least 50% cover of mature trees of varying
size.
YARD
The area between the principal structure(s) and the adjoining
lot line or right-of-way. See also "setback."