A.
As used in these regulations, words in the singular include
the plural and those in the plural include the singular. The words "shall"
and "will" for the purpose of these regulations are defined as mandatory.
C.
Unless otherwise expressly stated, the following definitions
shall, for the purpose of these regulations, have the meanings herein indicated.
Any pertinent word(s) or term(s) not a part of this listing shall be construed
to have its legal definition.
The following is a list of specific terms found elsewhere in this chapter,
along with definitions of their intended meanings:
A permanent service way providing a secondary means of access to
abutting lands.
The surfacing of a street, parking area, access or walkway to a mud-free
or otherwise permanently passable condition during all seasons on the year
and under adverse weather conditions. Macadam, gravel, crushed stone and shale
surfaces will all suffice to meet this test, but the depth and installation
of the material shall be subject to the review of the Borough Engineer and
approval of the Council.
A landowner or developer, as hereinafter defined, who has filed an
application for development, including his/her/their heirs, successors and
assigns.
That portion of a roadway between the outer edge of the traveled
way or pavement and the point of intersection of the slope lines at the outer
edge of the roadway, for the accommodation of stopped vehicles and for lateral
support.
A tract of land or a lot or group of lots bounded by streets, public
parks, railroad rights-of-way, watercourses, bodies of water, boundary lines
of the borough, or by any combination of the above.
Honesdale Borough, Wayne County, Pennsylvania.
A professional engineer licensed, as such, by the commonwealth and
appointed or hired on a consulting basis to provide engineering advise to
the borough.
A structure formed of any combination of materials which is erected
on the ground and permanently affixed thereto, and designed, intended or arranged
for the housing, shelter, enclosure or structural support of persons, animals
or property of any kind. A multifamily building divided by unpierced masonry
walls extending from the ground to the underside of the roof shall not be
deemed to be more than one building for the purpose of this chapter.
The graded or paved portion of a street used for vehicular travel,
excluding shoulders.
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.
A form of development for single-family residential and/or commercial
subdivisions that permits a reduction in lot area and certain development
standards, provided that unit densities permitted under a conventional subdivision/commercial
development are maintained and the resultant land area is devoted to common
open space.
The Borough of Honesdale Planning Commission.
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 the development. It does not include
streets, off-street parking areas and areas set aside for utility placement,
rights-of-way or similar public facilities.
All of the land and improvements part of a subdivision or land development
which is to be jointly owned and maintained by the lot owners, lessees and/or
members of the development and identified as such by the subdivider on any
plan offered to the borough for approval.
The Commonwealth of Pennsylvania and any of its departments or agencies.
The Honesdale Borough Council.
The County of Wayne, Commonwealth of Pennsylvania, and its Planning
Commission.
A street providing a single access to a group of lots with a turn-about
area at the end of such street.
The deliberate appropriation by its owner(s) of land, streets and/or
other such items for any general or public uses. This shall not be construed
as acceptance, by the borough, of responsibility for maintenance and/or ownership
of such items and attendant facilities, except where appropriate legal documents
specifically relating to the same have been executed.
The Pennsylvania Department of Environmental Protection.
The owner(s), or authorized agent(s) of the owner(s), including but
not limited to any 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 "developer"
is intended to include the term "subdivider," even though the personnel involved
in successive stages of this project may vary.
A defined private access from an individual lot to a public or approved
private right-of-way. Drives intended to provide access to lots not fronting
on a public or approved private right-of-way shall not be considered driveways
for the purposes of this chapter.
A structure or portion thereof which is used exclusively for human
habitation.
A building or buildings designed for occupancy by three or more families
living independently of each other in separate dwelling units.
A dwelling unit accommodating a single family and having two side
yards.
A dwelling accommodating two families either with units which are
attached side by side through the use of a party wall, and having one side
yard adjacent to each dwelling unit; or upstairs/downstairs units.
One or more rooms in a dwelling structure, including a kitchen, sleeping
facilities, bath and toilet, designed as a household unit for extended periods
of occupancy for living and sleeping purposes by not more than one family
at a time.
A right-of-way granted, but not dedicated, for limited use of private
land for a public or quasi-public or private purpose, and within which the
lessee or owner of the property shall not erect any permanent structure, but
shall have the right to make any other use of the land which is not inconsistent
with the rights of the grantee.
The date of the regular meeting of the next Planning Commission,
following the date an application for preliminary or final approval of subdivision
or land development is received by the Borough Secretary. Should said next
regular meeting occur more than 30 days following its receipt, the filing
date shall be the 30th day following its receipt by the Secretary. Submissions
lacking information required by this chapter will not be considered filed.
That side of a lot abutting on a street or way and ordinarily regarded
as the front lot, but it shall not be considered as the ordinary side of a
corner lot.
Streets intended to provide access to lots bordering a public right-of-way
to which access has been limited or prohibited, and generally running parallel
to such right-of-way.
A right-of-way for pedestrian use extending from a street into a
block or across a block to another street.
Any of the following activities:
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; 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.
Development in accordance with Section 503(1.1) of Act 247 of the Pennsylvania
Municipalities Planning Code.[1]
A tract or parcel of land held in a single or joint ownership not
necessarily shown on a duly recorded map, which is occupied or capable of
being occupied by buildings, structures and accessory buildings, including
such open spaces as are arranged, designed or required. The term "lot" shall
also mean parcel, plot, site or any similar term.
Any subdivision or land development which is not a minor subdivision,
or is a recreational subdivision or land development, a mobile home park or
a land development designed to accommodate commercial and industrial uses,
multifamily dwellings or two-family dwellings. Any subdivision which involves
the utilization of off-site sewage disposal systems or water supplies, the
construction of any streets or the utilization of clustering techniques shall
also be considered a major subdivision, regardless of the number of lots or
other considerations.
A subdivision or development containing not more than 10 lots, or
cumulative development on a lot-by-lot basis for a total of 10 lots, of any
original tract of land of record (i.e., not previously subdivided or developed
subsequent to the effective date of this chapter, by the owner or the owner's
duly appointed agent) where no streets or accesses are required. Use of the
land is limited to a single-family dwelling. Minor subdivision shall otherwise
meet the definition of a "Supplement to the Borough Official Plan," as provided
for in Chapter 71 of the Regulations of the Pennsylvania Department of Environmental
Resources.
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.
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 comprehensive plan for the provision of adequate sewage systems
adopted by a municipality or municipalities possessing authority or jurisdiction
over the provision of such systems and submitted to and approved by the State
Department of Environmental Resources, as provided by the Pennsylvania Sewage
Facilities Act[2] and Chapter 71, Rules and Regulations, promulgated thereunder.
A sewage system or water supply system designed to serve more than
one dwelling unit or building, not including the use of a single well or disposal
system for two dwellings on the same parcel of land.
A single system of piping, tanks or other facilities serving only
the water and sewage needs of a single lot within the boundaries of an individual
lot.
Improvement of the traveled portion of a roadway with an all-weather
surface and otherwise conforming to the Borough Road Ordinance standards.
A surety bond, certified check or other security meeting the requirements
of Act 247 (Pennsylvania Municipalities Planning Code),[3] and the terms of which are satisfactory to the Borough Solicitor,
guaranteeing the subdivider will install all required or planned improvements.
Any individual, firm, trust, partnership, public or private association
or corporation, or other entity.
The Borough of Honesdale Planning Commission.
A form filed with the DEP that aids the municipality and developers
in complying with the planning requirements of the Pennsylvania Sewage Facilities
Act,[4] Section 71.5 (1) of Chapter 71.
A map or chart indicating the subdivision or resubdivision of land,
which in its various stages of preparation can include the following:
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 proposed subdivision, to be used as a basis for consideration by the borough.
PRELIMINARY PLANA complete plan prepared by a registered landscape architect, registered professional engineer or registered surveyor, 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.
FINAL PLANA complete and exact plan, identified as such with the wording "final plan" in the title, with the appropriate professional's seal affixed, and prepared for official recording.
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.
Those physical changes to the land necessary to produce usable and
desirable lots from raw acreage, including but not limited to grading, pavement,
curb, storm and sanitary sewers, gutter, drains and betterments to existing
watercourses, sidewalks, street signs, crosswalks, shade trees, sodding or
seeding, street name signs and monuments.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L.
388, No. 84), known as the "Sunshine Act."[5]
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.
Land reserved for use as a street, alley, interior walk or for public
purposes.
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 of buildings 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 registered land surveyor licensed by the Commonwealth of Pennsylvania.
A discernible, definable natural course or channel along which water
is conveyed ultimately to streams and/or rivers at lower elevations. A watercourse
may originate from a lake or underground spring(s) and be permanent in nature,
or it may originate from temporary sources such as runoff from rain or melting
snow.
