[Ord. 714, 11/13/1991, § 201]
As used in these regulations, words expressed in the singular
include their plural meanings and words expressed in the plural include
their singular meanings. The word "person" includes a corporation,
unincorporated association, and a partnership, as well as an individual.
The words "building" and "street" are used generally and shall be
construed as if followed by the phrase "or part thereof." The word
"may" is permissive, the words "shall" and "will" are mandatory.
[Ord. 714, 11/13/1991, § 202]
The following words or phrases, when used in these regulations,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
The means by which vehicles or pedestrians obtain entrance
or entry into a parcel, lot or building, or into a subdivision or
land development.
EASEMENT OF ACCESSAn easement granted for use by the public for the purpose of providing vehicular and/or pedestrian access to a parcel, lot, building, subdivision or land development.
RIGHT-OF-ACCESSThe right of the public to have vehicular and/or pedestrian access over a specifically designated area, easement or property.
Any person other than the subdivider who, acting for the
subdivider, submits subdivision plans to the Commission and Board
for the purpose of obtaining approval thereof.
A public or private right-of-way having a right-of-way width
of 20 feet or less, which affords a secondary means of access to the
rear or side of abutting property and is not intended for general
traffic circulation. Regardless of whether an alley is given a street
name, no main or principle building shall have its frontage on an
alley. An alley may also be known as a court, place or lane.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his 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.
Stroudsburg Borough, Monroe County, Pennsylvania.
A bid secured by the subdivider, from a contractor or contractors,
for the purpose of establishing the estimated cost to complete the
required improvement or maintenance which is the responsibility of
the subdivider to provide under the terms of this chapter. Said bona-fide
bid shall include all costs and activities, as determined by the Borough
which will guarantee the completion of all of the required improvements
or maintenance, without any obligations to be assumed by the Borough
in the case of a default by the subdivider or the contractor. Said
guarantees shall be included in the contract between the subdivider
and the contractor which shall include the following provisions and
stipulations:
The contract shall include a clause which states that the contract
may be assigned to the Borough in the event of a default on the part
of the subdivider. This clause should indicate that the Borough will
not incur any obligations or liabilities of the contractor, other
than to tender payment for work satisfactorily completed in accordance
with the specifications of this chapter.
The contract should contain a "not-to-exceed" total contract
price.
An estimated rock excavation quantity should be included where
applicable.
The bid price must also include the cost and provision of a
performance bond.
The contract should include a "waiver of right to file mechanics
lien" which shall be duly filed with the appropriate courts.
The contractor must provide and maintain an acceptable level
of comprehensive liability insurance.
All material and work submitted as part of the "bona-fide bid"
must comply with the appropriate Borough specifications.
The Borough Council of the Borough of Stroudsburg.
A professional engineer licensed as such by the commonwealth
and appointed or hired on a consultant basis to provide engineering
advice and services to the Borough of Stroudsburg.
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 multi-family
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.
Any structure such as, but not limited to, those having a roof
supported by columns, piers, or walls including tents, lunch structures,
mobile homes, trailers, dining cars, camp cars, or other structures
on wheels, or having other supports; and, any unroofed platform, terrace
or porch having vertical face higher than three feet above the level
of the ground over or upon which said structure is located.
A planned development, under single ownership, for rental,
license or lease only, of sites for use as tent and/or recreational
vehicle camping, on a temporary basis only, with recreational and
service facilities, including central water and sewage.
A lot within a recreational land development used for tent
camping or as a site for recreational vehicles; or a tract of land
otherwise offered by the developer or operator through sale, lease,
rent, membership or other means, for camping purposes.
Includes the portion of the entire right-of-way of a street
which contains an improved travel way for vehicles, including space
for shoulders and/or parking lanes.
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 subdivision approach in which several houses are grouped
together on a tract of land. Each cluster of houses serves as a module
which is set off from other clusters by open space.
The Stroudsburg Borough Planning Commission.
The Commonwealth of Pennsylvania and any of its departments
or agencies.
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, 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 County of Monroe, Commonwealth of Pennsylvania, and its
Planning Commission.
A local street having one end open to traffic and being permanently
terminated by a vehicular turn-around.
The deliberate appropriation, by its owner, of land 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 land and attendant facilities, except where appropriate legal
documents specifically relating to the same have been executed.
The Pennsylvania Department of Environmental Resources.
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 term "developer" is intended to
include the term "subdivider."
Monroe County Conservation District.
A defined private access from an individual lot to a public
or approved private right-of-way.
Any building, vehicle, or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
as further defined below. The term "dwelling" shall not be deemed
to include automobile court, rooming house, tourist home, bed and
breakfast accommodation, hotel, motel, hospital, nursing home, dormitory,
fraternity, sorority house or other group residence.
DWELLING, SINGLE-FAMILYA detached building designed for and occupied exclusively by one family, except for a mobile home as defined below.
DWELLING, TWO-FAMILYA detached or semi-detached building where not more than two individual family dwelling units are entirely separated by vertical walls and/or horizontal floor.
DWELLING, MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, 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. Prefabricated homes or sections thereof, which when assembled or combined are 20 feet or more in width, and which are placed on a permanent foundation shall be classified according to dwelling type by the number and arrangement of dwelling units contained therein, and shall not be classified as mobile homes.
DWELLING, MULTI-FAMILYA building containing three or more dwelling units per building and being designed for occupancy of families living independently of each other.
DWELLING UNITOne or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
A limited right of use granted in private land for public
or quasi-public purpose.
A professional engineer licensed by the State of Pennsylvania.
The removal of soil or soil material by the action of wind
or water.
A relatively flat or low land area adjoining a river, stream
or water course which is subject to partial or complete inundation
or flooding. Floodplain boundaries have been delineated for floods
having recurrence intervals of 100 years and 500 years by FEMA.
All structures, except rooming houses, used primarily for
the housing of persons non-related by blood or marriage shall be considered
group residences. Such group residences shall include, but not be
limited to, dormitories, fraternities and sororities, and, also all
other structures occupied by groups of non-related persons sharing
a dwelling.
A street parallel and adjacent to a property line having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
Same as "street."
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.
The following shall be excluded from review and approval as
a land development under this chapter:
The addition of the first accessory building on a lot or lots
subordinate to an existing principal residential building on a residential
use lot.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase, 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.
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 AREAThe area of land contained within the limits of the property lines bounding that lot. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT WIDTHThe average of the widths of a lot at the building setback line and the rear lot line.
LOT DEPTHThe average horizontal distance between the front lot line and rear lot line.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.[1]
FRONTThat boundary of a lot which is along an existing or proposed right-of-way. The lesser dimension of two along rights-of-way in the case of corner lots.
REARThat boundary of a lot most distant from and most nearly parallel to the front line.
SIDEAny boundary of a lot not a front or rear lot line.
Includes developments having a net project density of up
to three dwelling units per acre.
Includes residential developments having a net project density
of more than three dwelling units per acre. This generally defines
the more urbanized or built-up area of the Borough requiring higher
development standards and improvements than those which are located
in the low density residential area.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to 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.
Prefabricated homes or sections thereof, which when assembled or combined
are 20 feet or more in width, and which are placed on a permanent
foundation shall not be classified as mobile homes. The term mobile
home shall not include recreational vehicles or any unit less than
40 feet in length or 10 feet in width.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances for the erection
thereon of mobile homes.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The net project density of a proposed residential subdivision
or land development measured in residential units per acre shall be
equal to the total number of residential dwelling units divided by
the total net residential land in acres. The total net residential
land is equal to the total project area minus the land in the project
which is not used for residential purposes or related residential
yard areas (such as street rights-of-way, open space and other nonresidential
uses).
Land which is usually undeveloped and is devoted to plantings,
patios, walkways and recreation areas, etc., but excludes areas covered
by dwelling units, commercial buildings, industrial buildings, garages,
carports, driveways, or street rights-of-way. In terms of ownership,
there are basically three types of open space: private, common and
public.
PRIVATE OPEN SPACEGenerally a small parcel of land located immediately adjacent to an individual dwelling unit owned and maintained by its residents and reserved for their exclusive use. Traditionally, this would include the front, rear, side yards and patio.
COMMON OPEN SPACEGenerally a larger parcel of land reserved primarily for the leisure, recreational use and appreciation of a group of residents and owned and maintained in common by them generally through a homeowners' association.
PUBLIC OPEN SPACEThis differs from common open space only in terms of legal ownership. Public open space is dedicated in fee simple to the Borough Council and is operated and maintained by them.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
Map or chart indicating the subdivision or re-subdivision
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 the tract and its surroundings and the general layout of the proposed subdivision or land development, to be used as a basis for consideration by the Borough.
PRELIMINARY PLANA complete plan prepared by 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 professional engineer's or registered surveyor's seal affixed, and prepared for official recording as required by this chapter, to define property rights and proposed streets and other improvements.
The Stroudsburg Borough Planning Commission.
A person registered and licensed to practice engineering
with the Commonwealth of Pennsylvania. The "Borough Engineer" shall
be an engineer officially retained by the Borough Council.
A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motive
power or is mounted on, or drawn by, another vehicle. The basic entities
are travel trailer, camping trailer, truck camper, and motor home.
Land reserved for use as a street, alley, interior walk,
or for other public purpose.
ULTIMATE RIGHT-OF-WAYThe maximum width to which an existing or proposed right-of-way may be widened in accordance with the comprehensive plan or plans of the Borough or the Pennsylvania Department of Transportation, or other appropriate official agency.
The Stroudsburg Borough Secretary to the Borough Council.
The line within a property defining the required minimum
distances between any structure and the adjacent right-of-way or property
line of any lot. The setback shall be measured from the edge of the
right-of-way bordering the property.
CENTRALIZED SEWAGE DISPOSAL SYSTEMA publicly or privately owned and operated utility system or other system designed to collect, centrally treat with a sewage treatment plant, and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Borough.
COMMUNITY SEWAGE DISPOSAL SYSTEMA publicly or privately owned and operated utility system or other system designed for the collection of sewage from two or more lots and for the treatment and disposal of the sewage on one or more lots or at any other site, by on-site subsurface (into the soil) disposal systems an techniques in compliance with regulations of the appropriate state agency and of the Borough.
INDIVIDUAL SEWAGE DISPOSAL SYSTEMA utility system or other system designed for the collection, treatment and disposal of sewage from a single lot into the soil or into the waters of the commonwealth or for conveyance to another site for final disposal.
The length of street, measured along the center line, which
is continuously visible from any point 3Â 3/4 feet above the center
line to an object six inches above the road surface at the center
line.
A strip of land designed for use by the public, including
the entire right-of-way intended for use as a means of vehicular and
pedestrian circulation.
PUBLIC STREETSStreets offered for dedication to the Borough and accepted by the Borough to insure permanent public ownership and maintenance by the Borough.
PRIVATE STREETSStreets not offered for dedication, or not accepted by the Borough, which remain in the private ownership of a group of designated users or owners and which are maintained by said private owners.
CLASSES OF STREETSAccording to use, function and width shall be as designated in the Comprehensive Plan or if not so designated, shall conform with the following:
MAJOR STREETSThose streets which serve internal Borough movements and provide connections between traffic generators serving or anticipated to serve unlimited traffic volumes at a design speed of 60 miles per hour.
COLLECTOR STREETSThose which intercept local streets, provide access to abutting properties and serve individual neighborhoods or areas, and their function is to collect and distribute traffic to the local streets and to feed traffic into the major streets. They are anticipated to serve an average daily traffic volume of 5,000 vehicles and shall have a design speed of 50 miles per hour.
LOCAL STREETS (also called MINOR STREETS)Those used primarily to provide access to abutting property and to feed into the collector streets. They are anticipated to serve up to an average daily traffic volume of 2,000 vehicles and shall have a design speed of 35 miles per hour.
NONRESIDENTIAL STREETSStreets designed to serve and give access to commercial, industrial, public and other nonresidential uses.
MARGINAL ACCESS STREETParallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with major traffic streets.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or re-division 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.
Subdivision of land under any of the following conditions:
A subdivision which contains no more than two lots which have
frontage on an existing public road or approved private street and
involves no new street or extension of water and sewer lines.
A subdivision of any parcel of land to create a single lot which
involves no new road or street or improvement of an existing road
or street other than a private access drive as defined by this chapter.
A division of any parcel of land for the purpose of joining
or annexing a lot to an adjacent existing lot, parcel or tract of
land providing a covenant running with the parcel to be conveyed joins
it with and makes it an inseparable part of the parcel to which it
is joined.
Any subdivision or land development not herein defined as
a minor subdivision and in all cases where a new street or road is
created, an existing street or road is extended or the extension of
sewer or water lines is required.
A professional surveyor licensed by the State of Pennsylvania.
That portion of a street or road which is intended for vehicular
traffic.
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.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
An open space on the same lot with a building or group of
buildings which lies between the principal building or group of buildings
and the nearest lot line and which open space is unoccupied and unobstructed
from the ground upward except as herein permitted. Where a street
right-of-way abuts or is located within a lot or parcel, the yard
shall be measured from the nearest edge of the street right-of-way
to the nearest point of the building or structure. Yards shall not
include any area within any existing or proposed or required future
width of any public or private street right-of-way.
YARD, FRONTA yard extending the full width of the lot between a building and the front lot line or abutting street right-of-way.
YARD, REARA yard extending the full width of the lot between a building and a rear lot line.
YARD, SIDEA yard extending from the front yard to the rear yard between a building and the nearest side lot line.
Any appropriate ordinance officially adopted by the Stroudsburg Borough Council as a Borough Zoning Ordinance and any and all amendments thereto [Chapter 27].
[1]
Editor's Note: The former definitions of "lot combination"
and "lot improvement," added by Ord. No. 1013, 12/15/2015, which immediately followed
this definition, were repealed by Ord. No. 1146, 3/21/2023.
