Borough of Kenhorst, PA Article VIII Terminology

§ 410-39 Word usage; definitions.

This section clarifies, by definition, terminology used within and in relationship to this chapter.

A. Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated:

(1) Words in the singular include the plural and those in the plural include the singular.

(2) Words used in the present tense include the future tense.

(3) The words "person," "subdivider" and "owner" include a corporation, incorporated association and a partnership, or other legal entity, as well as an individual.

(4) The word "building" includes structures and shall be construed as if followed by the phrase "or part hereof."

(5) The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river.

(6) The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.

B. Other terms or words used herein shall be interpreted or defined as follows:

ALLEY

See "service street."

BLOCK

An area bounded by three or more streets.

BOROUGH PLANNING COMMISSION

The Planning Commission of Kenhorst Borough.

BUILDING

(1) Any enclosed or open structure other than a boundary wall or fence, occupying more than four square feet of area.

(a) DETACHED A building which has no party wall.

(b) SEMIDETACHED A building which has only one party wall in common with another building.

(c) ATTACHED A building which has two party walls in common with another building.

(2) A building is also any structure having a roof supported by columns, piers, or walls, including structures having temporary or permanent support. Any structure having an independent entrance or electrical, mechanical or heating system shall be considered a single building.

BUILDING RESERVE (SETBACK) LINE

The line within a property defining the minimum required distance between any dwelling to be erected and an adjacent right-of-way or front lot line.

CARTWAY (ROADWAY)

The portion of a street right-of-way, paved or unpaved, intended for vehicular use.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersections of the street center lines.

COMMISSION

The Planning Commission of the Borough of Kenhorst.

COUNTY

The County of Berks, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Planning Commission of the County of Berks.

CROSSWALK (INTERIOR WALK)

A publicly or private owned right-of-way for pedestrian use extending from a street into a block, or across a block to another street.

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 land development.

DEVELOPMENT PLAN

The 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 graphic material referred to in this definition.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of sanitary or 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.

DWELLING UNIT

Any structure or part thereof, designed to be occupied as living quarters as a single housekeeping unit.

EASEMENT

A right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the 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.

ENDORSEMENT

The application of the County Planning Commission's appropriate stamp and the signature of the Executive Director to the final plan. The application of the Borough Planning Commission's appropriate stamp, the signature of the Chairman of the Commission, the signatures of the President and secretary of the Borough Council, and the Borough Seal.

ENGINEER

A licensed professional engineer registered by the Commonwealth of Pennsylvania.

GRADE

The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.

LAND DEVELOPMENT

(1) The improvement of one or more contiguous lots, tracts, or parcels of land for any purposes involving: a group of two or more buildings; or the division or allocation of land between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, building groups, condominiums or other features;

(2) A subdivision of land.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purpose of these regulations.

LAND PLANNER

A recognized professional individual or firm affiliated with registered engineers, architects, and/or surveyors capable of preparing development plans.

LOT

Any parcel of land, regardless of size, intended as a unit for transfer or ownership, use or improvement or for development.

LOT AREA

The area contained within the property lines of a lot (as shown on the plan) excluding space within all street rights-of-way and within all permanent drainage easements, but including the areas of all other easements.

MAINTENANCE GUARANTEE

A guarantee by the subdivider that he shall maintain all improvements in good condition for a period of one year after completion of construction and installation of all such improvements.

MARKER

A metal pipe or pin of at least 3/4 inch or 7/8 inch and at least 30 inches in length.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or 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.

MONUMENT

A stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (one-quarter-inch drill hole) and at least 24 inches in length (preferred 30 inches to 36 inches). The bottom sides or radius must be at least two inches greater than the top, to minimize movements caused by frost.

MULTIPLE DWELLING BUILDING

A building providing separate dwelling units for three or more families.

MUNICIPALITY

Borough of Kenhorst.

OWNER

Any person, firm, association or syndicate, copartnership or corporation having a proprietary interest in any land sought to be subdivided in pursuance with this resolution.

PARCEL

See "lot."

PERFORMANCE GUARANTEE

Any 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.

PLAN, FINAL

A complete and exact subdivision plan (and including all required supplementary data), prepared for official recording of a major subdivision by statute, to define property rights and proposed streets and other improvements prepared by a registered engineer or registered surveyor.

PLAN, MAJOR STREET

That element of the Borough Comprehensive Plan, 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, OFFICIAL

The Comprehensive Development Plan and/or master plan and/or future land use plan and/or ultimate right-of-way plan and/or Official Map and/or topographical survey and/or other such plans, or portions thereof, as may have been adopted, pursuant to statute, for the area of the Borough in which the subdivision is located.

PLAN OF RECORD

The copy of the final plan which contains the original endorsements of the County Planning Commission, the Borough Planning Commission and the Borough Council, and is intended to be recorded with the County Recorder of Deeds and is prepared by a registered engineer or registered surveyor.

PLAN, PRELIMINARY

A tentative subdivision plan (and including all required supplementary data), in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration of a major subdivision prior to preparation of a final plan prepared by an engineer or surveyor.

PLAN, SKETCH

An informal plan, not necessarily to exact scale, indicating salient existing features of tract and its surroundings and the general layout of a proposed subdivision prepared by the subdivider, an engineer, a surveyor, or land planner.

PLAT

A map or plan of a subdivision, whether preliminary or final.

PUBLIC GROUNDS

Includes:

(1) Parks, playgrounds and other public areas; and

(2) Sites for publicly owned buildings and facilities.

RESERVE STRIP

A parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.

RESUBDIVISION

See "subdivision."

REVERSE FRONTAGE LOT

A lot extending between and having frontage on two generally parallel streets (excluding service streets), with vehicular access solely from one street.

REVIEW

Whenever the County Planning Commission and/or the Borough Planning Commission possesses such jurisdiction, the action of "review" shall also include "review and approval," or if necessary, "review and disapproval."

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.

ROADWAY

See "cartway."

SANITARY SEWAGE SYSTEM, PUBLIC

A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.

SIGHT DISTANCE

The 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. Sight distance measurement shall be made from a point 0.5 foot above the center line of the road surface to a point 0.5 foot above the center line of the road surface.

SPECIAL FLOOD HAZARD AREAS (SFHAs)

The one-percent-annual-chance flood (one-hundred-year flood), also known as the "base flood." The area that has a one-percent annual chance of being equaled or exceeded in any given year. The special flood hazard area is the area subject to flooding by the one-percent-annual-chance flood.

STREET

A strip of land, including the entire right-of-way (i.e., not limited to the cartway) to provide access to more than one lot. The word "street" includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified according to the function they perform:

(1) MINOR STREETS A street used primarily to provide access to abutting properties.

(2) CUL-DE-SAC STREET A minor street intersecting another street at one end, and terminating in a vehicular turnaround at the other end.

(3) HALF (PARTIAL) STREET A street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.

(4) MARGINAL ACCESS STREET A minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major streets.

(5) COLLECTOR STREET A street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major street. (Streets in industrial and commercial subdivisions shall generally be considered collector streets.)

(6) MAJOR STREET A 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.

(7) SERVICE STREET (ALLEY) A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

(8) INTERNAL STREET A minor street used for circulation and access within a development project involving multiresidence or commercial or industrial uses.

SUBDIVIDER

Any individual, copartnership or corporation (or agent authorized thereby) which undertakes the subdivision or development of land, as defined by this chapter, as the owner or equitable owner (or agent authorized thereby) of the land being subdivided or developed.

SUBDIVISION

(1) 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, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, 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.

(2) The term "subdivision" shall also include any development of a parcel of land, for example, an industrial park, shopping center, multiple dwelling project, or mobile home park, 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).

(3) The term subdivision includes any replotting of land including changes in recorded plans.

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

WATER DISTRIBUTION SYSTEM, PUBLIC

A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.