As used in this chapter, the following terms shall have the meanings indicated:
ALLEYSee "service street."
ANNEXATIONThe conveyance, sale or transfer of land from one parcel to an adjacent parcel for the sole purpose of increasing lot size or adjustment of lot boundaries, and not creating a separate new lot.
BLOCKA tract of land or a lot or group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough, or by any combination of the above.
BOROUGHSinking Spring Borough, Berks County, Pennsylvania.
BOROUGH COUNCILBorough Council of the Borough of Sinking Spring, Berks County, Pennsylvania.
BUILDINGA structure enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, comprised of any combination of building materials and which may be permanently affixed to the ground, designed for the enclosure and support of individuals, animals or property of any kind.
BUILDING SETBACKThe minimum distance a building or structure must be set back from the street right-of-way line (except the right-of-way of a service street).
CARTWAYThe portion of a street right-of-way, whether paved or unpaved, intended for vehicular use.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street and/or driveway intersections defined by lines of sight between points at a given distance from the intersections of the street and/or driveway center lines.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water, within the development site, designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets or land on which stormwater detention facilities are located shall not be classified as common open space. Common open spaces shall not include required open areas between buildings and between buildings and street rights-of-way, driveways, parking areas and property lines in the development. No dwelling unit, residential accessory buildings, or parking areas may be located within common open spaces.
COMMON PARKING AREAA 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, or one townhouse.
COMPREHENSIVE PLANThe document entitled the "Comprehensive Plan for Sinking Spring Borough, Spring Township, West Lawn Borough, West Reading Borough, and Wyomissing Borough," or any part thereof, adopted by the Sinking Spring Borough Council.
CORNER LOTA lot abutting two or more intersecting public or private streets, or at the point of abrupt change of direction of a single street (an interior angle of less than 135°). Any yard adjoining a street shall be designated the front yard and must meet the front yard requirements of the applicable zoning district, and the yard opposite that yard shall meet the side yard requirements of the applicable zoning district. In the case of a building to be placed on a corner lot such that the front of the building will not be parallel to the street line: yards shall be provided so that no portion of the building will be placed closer to the street than the front yard requirement of the applicable zoning district. No portion of the rear of the building will be placed closer to the lot line than the rear yard requirement of the applicable zoning district, and so that no portion of a side of a building will be placed closer to a lot line than the side yard requirement of the applicable zoning district.
COUNTYThe County of Berks, Commonwealth of Pennsylvania.
CROSSWALK (INTERIOR WALK)A publicly or privately owned right-of-way for pedestrian use, extending from a street into a block or across a block to another street.
DEPThe Pennsylvania Department of Environmental Protection.
DEVELOPER (SUBDIVIDER)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 PLANThe provisions for development of a planned residential, commercial, or industrial development, including a plat of subdivision, all covenants related to use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the 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 storm 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 structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boardinghouses, rooming or lodging houses, nursing homes, motels, group homes and institutional residences are not included in the definition of dwelling. The following are various types of dwellings.
A. APARTMENT BUILDINGA building on a single lot arranged, intended or designed to be occupied as a residence for three or more families, and in which the dwelling units may be separated horizontally and/or vertically.
DUPLEXA two-family detached building having two dwelling units; one above the other, being fully separated by a horizontal fire resistant floor, and where each dwelling unit has its own separate outside access. For purposes of this chapter, a duplex is a structure erected after the date of the adoption of this chapter and which was expressly built as a duplex. The conversion of a single-family dwelling into a duplex-like structure is a "residential conversion" (as defined in this chapter) and is further regulated in this chapter.
MANUFACTURED HOME OR 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
RESIDENTIAL CONVERSIONThe conversion of a single-family dwelling to a two-family dwelling with the dwelling units one above the other, fully separated by a horizontal fire-resistant floor, where each dwelling unit has its own separate outside access (i.e., a "duplex-like structure"). There shall be no external alteration of the original single-family dwelling except for the alterations which are necessary to provide each new dwelling unit with its own separate access.
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common or party wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a common or party wall.
TOWNHOUSEA building containing three to eight single-family vertically attached dwelling units and not exceeding 35 feet in height, with each dwelling unit being separated from another by a solid, fire-resistant vertical party wall, and with each dwelling unit having its own individual separate access from the outside. Townhouses may include "quadplexes" or "patio homes" that meet this definition.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
EASEMENTA grant by the property owner to the public, a corporation, a person or group of persons, or another tract of land of a use of land for specified purposes.
ENGINEERA licensed professional engineer registered by the Commonwealth of Pennsylvania.
GRADEThe inclination with the horizontal of a road, unimproved land, etc., including the level of the ground adjacent to the exterior walls of a building or structure, or adjacent to the base of a storage pile or sign, which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.
IMPERVIOUSNot easily penetrated by water (i.e., roads, buildings, sidewalks, access drives, loading areas, parking areas, and paved recreation courts), excluding driveway, curb, sidewalk, planting strip, or barrier to an unchanneled motor vehicle entrance or exit.
IMPROVEMENTSThose physical additions and changes to the land that may be necessary to produce usable and desirable lots.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
LAND DEVELOPMENTA. Any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 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.
The following shall be excluded from the definition of land development contained above:
(1) The conversion of an existing single-family 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 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 subclause, 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 proper authorities.
LANDOWNERThe 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 under a written lease, who has written authorization of the legal owner, or other persons having a proprietary interest in the land shall be deemed to be a landowner for the purpose of this chapter.
LOTA measured parcel of land bearing fixed boundaries described by deed or lease or shown in an approved plan. The term "lot" shall also mean parcel, plot, site or any similar term.
LOT DEPTHThe mean average horizontal distance between the front and the rear lot lines.
LOT LINEA line forming the front, rear or side boundary of a lot.
LOT OF RECORDA lot or parcel recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania.
LOT SIZEThe area of a lot, excluding land within street rights-of-way.
LOT WIDTHThe continuous straight line distance between the side lot lines, measured at the building setback line.
MAINTENANCE GUARANTEEA guarantee by the subdivider that he shall maintain all improvements in good condition for a period of 18 months after completion of construction and installation of all such improvements.
MARKERA metal pin of at least 5/8 inch in diameter and at least 24 inches in length.
MOBILE OR MANUFACTURED HOME LOTA 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, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE OR MANUFACTURED HOME PARKA parcel of land under single ownership that has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MONUMENTA stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (1/4-inch drill hole), and at least 24 inches in length (preferred 30 inches to 36 inches). It is recommended that the bottom sides or diameter be at least two inches greater than the top, to minimize movements caused by frost.
MUNICIPAL USEA land use owned, conducted and maintained by the Borough or a Borough entity, and including such uses as a library, park, playground, sewage treatment plant and administrative or equipment storage building.
MUNICIPALITYBorough of Sinking Spring, Berks County, Pennsylvania.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years, i.e., that has a 1% chance of occurring each year, although the flood may occur in any year.
OPEN SPACEThe area of a lot unoccupied by principal or accessory structures and uses, streets, driveways, sidewalks, parking lots, roofs and other impervious surfaces.
PA MPCPennsylvania Municipalities Planning Code.
PARKING SPACEA space within a building or on a lot used for the parking of a motor vehicle.
PAVINGA surface comprised of asphalt, bituminous concrete and/or cementitious concrete or other similar materials that will not render a driveway, parking lot, or loading area unusable because of inclement weather conditions.
PCSM PLANPost-construction stormwater management plan.
PERFORMANCE GUARANTEEAny security which may be accepted in lieu of a requirement that certain improvements be made before the Borough gives final approval to the plan, including performance bonds, escrow agreements, and any other collateral or surety agreements as defined in §
170-51 herein.
The proposal for development, including a part of subdivision, all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities.
PLAN, FINALA complete and exact subdivision plan (and including all required supplementary data), prepared for official recording of a subdivision by statute, to define property rights and proposed streets and other improvements prepared by a professional land surveyor.
PLAN, MAJOR STREETThat element of the Borough's Official Map, now or hereafter adopted, which shows the general location, alignment and dimensions, and the identification and classification of existing and proposed major streets, highways and other thoroughfares.
PLAN, OFFICIALThe comprehensive plan, master plan, future land use plan, ultimate right-of-way plan, official map, topographical survey and/or other such plans, or portions thereof, as may have been adopted, pursuant to statute. The Comprehensive Plan for Sinking Spring Borough, Spring Township, West Lawn Borough, West Reading Borough, and Wyomissing Borough.
PLAN, PRELIMINARYA tentative subdivision plan (and including all required supplementary data) of lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan prepared by a professional land surveyor.
PLAN, RECORDThe copy of the final plan which contains the original endorsements of the County Planning Commission, the Borough Planning Commission and the Borough Council, and which is intended to be recorded with the County Recorder of Deeds and prepared by a professional land surveyor.
PLAN, SKETCHAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision prepared by the subdivider, an engineer, a professional land surveyor, or land planner.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter
196, Zoning, of this Code.
A map or plan of a subdivision or land development, whether preliminary or final.
PREMISESA descriptive word to include all improvements, buildings, structures and land on or within a lot.
PRINCIPAL USEThe main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of Chapter
196, Zoning.
Doctor, surgeon, dentist, architect, artist, accountant, insurance agent, real estate broker, teacher, engineer, lawyer, musician, surveyor, landscape architect, land planner, website designer or any other type of licensed, certified, and/or degreed professional.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other public areas.
Sites for schools, sewage treatment, refuse disposal and other publicly-owned or -operated facilities.
Publicly-owned or -operated scenic or historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Council, Planning Commission or Zoning Hearing Board, intended to inform and obtain public comment prior to taking action in accordance with the PA MPC.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A public thoroughfare, including a street, road, lane, alley, court, or similar term, which has been dedicated or deeded to the Borough and accepted by it.
RESERVE STRIPA parcel of ground in separate ownership separating a street from other adjacent properties or from another street, either proposed or existing.
REVERSE FRONTAGE LOTA lot extending between and having frontage on two generally parallel streets (excluding service streets), with vehicular access solely from one street.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes, including utilities.
SANITARY SEWER SYSTEM PUBLICA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a wastewater treatment and disposal plant.
SCREENVegetative material, fence, etc., planted or constructed to screen the buildings, structures and uses on the lot on which the screen is located from the view of people on adjoining properties.
SERVICE STREETA minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
SIGHT DISTANCESThe 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, as measured by PennDOT.
STREETA public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms.
STREET FRONTAGEThe lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
STREET LINEThe dividing line between a lot and the outside boundary of a public street or private street, road or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority; between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan; or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have a right-of-way.
STREET, ARTERIALA street serving a large volume of comparatively high-speed and long distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
STREET, CUL-DE-SACA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.
STREET, INTERNALA local street used for circulation and access within a development involving residential, multiresidential, commercial and/or industrial land uses.
STREET, LOCALA street used primarily to provide access to abutting properties.
STREET, MAJOR COLLECTORA street which, in addition to providing access to abutting properties, intercepts local streets and minor collector streets to give access to arterial streets [Average Daily Traffic: 1,000 to 4,999].
STREET, MARGINAL ACCESSA local street, parallel and adjacent to an arterial or collector street (but separating it by a reserve strip) which provides access to abutting properties and control of intersections.
STREET, MINOR COLLECTORA street which, in addition to providing access to abutting properties, intercepts local streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or arterial streets or other collector streets. Streets within an industrial or commercial development shall be considered minor collector streets [Average Daily Traffic: 500 to 999].
STREET, SERVICE (ALLEY)A local right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTURE/IMPROVEMENTAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONA. The division or redivision of a lot, tract or parcel of land by 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 division by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or residential dwelling shall be exempted.
The term "subdivision" shall refer, as appropriate in these regulations, to the process of subdividing land or to the land proposed to be subdivided. A subdivision also includes division over any period of time after the enactment of this chapter of a parcel of land having frontage on an existing or proposed street into two or more parcels having frontage on the existing or proposed street. The term "subdivision" shall also include any development of a parcel of land (for example, as an industrial park, a shopping center or a multiple dwelling project), which involves installation of streets and/or alleys, even though the streets and/or alleys might not be dedicated to public use and the parcel might not be divided immediately for purposes of conveyance, transfer or sale, or even though the owner does not transfer legal or equitable title (for example, structures for rental purposes).
SUBSTANTIALLY COMPLETEDIn the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to §
170-51) 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.
A professional land surveyor registered by the Commonwealth of Pennsylvania.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
WATER SUPPLY SYSTEMA system, whether public or privately owned, which is designed to transmit water from the source to users, in compliance with the requirements of the appropriate state agencies and the Borough.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface-water resources within a municipality.
WETLANDSAn area of ground exhibiting certain natural conditions which cause the same to be identified as wetlands, as defined in applicable state and federal laws and regulations setting forth criteria for the identification of wetlands and for the establishment of wetland limits.
WOODED AREAAny portion of a grove or stand of trees generally greater than six inches in caliper, covering a land area greater than 10,000 square feet.
YARDThe open space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided in Chapter
196, Zoning, of the Code of the Borough of Sinking Spring, and not less in depth or width than the minimum required in each zoning district.
An open space between an adjacent street right-of-way and a line drawn parallel thereto, at such distance therefrom as may be specified in Chapter
196, Zoning, of the Code of the Borough of Sinking Spring for any zoning district, and extending for the full width of the lot.
An open space between the rear lot line and a line drawn parallel thereto, at such distance therefrom as may be specified in Chapter
196, Zoning, of the Code of the Borough of Sinking Spring for any zoning district, and extending for the full width of the lot, except that in the case where the rear lot line is included in a service street, the rear yard shall be between the right-of-way line of the service street nearest the front yard of the lot and a line drawn parallel to such right-of-way line of the service street.
An open space between the side lot line and a line drawn parallel thereto, at such distance therefrom as may be specified in Chapter
196, Zoning, of the Code of the Borough of Sinking Spring for any zoning district, and extending from the front yard to the rear yard.
The most current Sinking Spring Borough Zoning Ordinance. See Chapter
196, Zoning.