For the purpose of this chapter, words used
in the present tense include the future tense; the term "shall" is
always mandatory; other terms or words used herein shall be interpreted
or defined as follows.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Property bounded on one side by a street, and other three
sides by a street, railroad right-of-way, waterway, unsubdivided area
or other definite barrier.
The person designated by the Council to perform all administrative
and/or supervisory duties required by this chapter.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
used for human habitation.
The minimum distance from the front lot line to any building
or structure to be erected on the lot.
The Planning Commission of the Borough of Jim Thorpe.
The engineer designated by the Commission to perform all
supervisory duties required of a registered engineer by the provisions
of this chapter. The Commission Engineer may also be the Borough Engineer
retained by Council.
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.
The complete plan, or any part of the plan, for the development
of the Borough of Jim Thorpe prepared by the Commission.
The Council of the Borough of Jim Thorpe.
Carbon County, Pennsylvania.
The County Planning Commission shall be the Planning Commission
of Carbon County, Pennsylvania.
A minor street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
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.
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.
A building designed and constructed for residential purposes
in which people live.
A building or portion thereof providing complete housekeeping
facilities for one family.
A grant by the property owner of the use of a strip of land
by the public, a corporation, or persons for specified purposes.
One or more persons who live together in one dwelling unit
and maintain a common household. A "family" may consist of a single
person or of two or more persons, whether or not related by blood,
marriage, or adoption. A "family" may also include domestic servants,
nonpaying guests and up to two paying guests.
A relatively flat or low land area adjoining a stream, river
or watercourse, which is subject to partial or complete inundation;
or, any area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The channel of a river or other watercourse and then-adjacent
land areas required to carry and discharge a flood of a given magnitude.
Any of the following activities:
The improvement of one or two 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 tenants; 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.
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; or
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 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.
The assemblage or combination of two or more adjoining lots,
tracts, or parcels of land to form a single larger parcel.
[Added 8-11-2022 by Ord. No. 2022-05]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two 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.
A 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.
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.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
The map adopted by ordinance of the Borough of Jim Thorpe
showing exact locations of existing and proposed lines for public
streets, watercourses and public grounds, including widenings, narrowings,
extensions, diminutions, opening or closing of same for the entire
Borough.
A map or chart, also known as a plat, indicating the subdivision
or resubdivision of land which in its various stages of preparation
can include the following:
SKETCH PLANAn informal plan indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision to be used as a basis for consideration by the Borough.
PRELIMINARY PLANA tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as requested by this chapter.
FINAL PLANA complete and exact plan, prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
RECORD PLANThe copy of the final plan which contains the original endorsements or approvals of the Commission and Borough Council and the County Planning Commission and which is intended to be recorded with the County Recorder of Deeds.
Includes:
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.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq., as amended.[2]
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.
A flood having an average frequency of occurrence on the
order of once in 100 years, although the flood may occur in any year.
The one-hundred-year flood elevation based upon the information
contained in the Official Flood Insurance Study.
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
See lot consolidation.
[Added 8-11-2022 by Ord. No. 2022-05]
Land reserved for use as a street, alley, interior walk,
or for other public purpose.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
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.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The owner, or authorized agent of the owner, including but
not limited to an individual, partnership, or corporation, that undertakes
a subdivision or land development or any of the activities covered
by this chapter, particularly the preparation of a subdivision plan
showing the layout of the land and the public improvements involved
therein. The term "subdivider" is intended to include the term "developer"
even though the personnel involved in successive stages of the project
may vary.
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.
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 the requirements of 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.
A vehicle less than 29 feet in length, standing on wheels,
and containing not more than one dwelling unit which may be used for
temporary living or sleeping purposes.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
