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.
[Amended 6-7-1980 by Ord. No. 803; by Ord.
No. 929; 6-5-1995 by Ord. No. 1031]
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICATION FOR DEVELOPMENT
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.
BLOCK
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.
BOROUGH MANAGER
The person designated by the Council to perform all administrative
and/or supervisory duties required by this chapter.
BUILDING
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.
BUILDING SETBACK LINE
The minimum distance from the front lot line to any building
or structure to be erected on the lot.
COMMISSION ENGINEER
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.
COMMON OPEN SPACE
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.
COUNCIL
The Council of the Borough of Catasauqua.
COUNTY
Lehigh County, Pennsylvania.
COUNTY PLANNING COMMISSION
The County Planning Commission shall be the Joint Planning
Commission of Lehigh and Northampton Counties, Pennsylvania.
CUL-DE-SAC
A minor street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
DEVELOPER
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 PLAN
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.
DWELLING
A building designed and constructed for residential purposes
in which people live.
DWELLING UNIT
One 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,
or by a group of not more than five persons, who are not all related
by blood or marriage living together.
EASEMENT
A grant by the property owner of the use of a strip of land
by the public, a corporation, or persons for specified purposes.
FLOOD-PRONE AREA
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
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
(2)
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.
C.
"Land development" does not include development
which involves:
(1)
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;
(2)
The addition of an accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building; or
(3)
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.
LOT
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.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
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.
MUNICIPAL AUTHORITY
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."
OFFICIAL MAP
The map adopted by ordinance of the Borough of Catasauqua
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.
PLAN
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:
A.
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.
B.
PRELIMINARY PLANA tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as required by this chapter.
C.
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.
D.
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.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other
recreational areas and other public areas;
B.
Sites for schools, sewage treatment, refuse
disposal and other publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic
sites.
PUBLIC HEARING
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.
PUBLIC MEETING
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.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
REGULATORY FLOOD
A flood having an average frequency of occurrence on the
order of once in 100 years, although the flood may occur in any year.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation based upon the information
contained in the Official Flood Insurance Study.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic
street and a minor street, and with vehicular access solely from the
latter.
RIGHT-OF-WAY
Land reserved for use as a street, alley, interior walk,
or for other public purpose.
SETBACK OR BUILDING LINE
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
SIGHT DISTANCE
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.
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.
A.
MAJOR STREETThose serving or anticipated to serve in excess of 4,000 vehicles per day and shall have a design speed of 55 miles per hour.
B.
COLLECTOR STREETThose which intercept local streets, provide access to abutting properties and/or serve or are anticipated to serve between 750 and 4,000 vehicles daily and shall have a design speed of 40 miles per hour.
C.
LOCAL STREETThose used primarily to provide access to abutting property and serve or are anticipated to serve up to 750 vehicles daily and shall have a design speed of 30 miles per hour.
D.
MARGINAL ACCESS STREETLocal streets, parallel and adjacent to major traffic or collector streets, providing access to abutting properties and control of intersections with major traffic streets.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVIDER
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 thorough the personnel involved in successive stages of the project
may vary.
SUBDIVISION
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.
SUBSTANTIALLY COMPLETED
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.
TRAVEL TRAILER
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.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.