For the purpose of this chapter, words used
in the present tense include the future tense; the term "shall" is
always mandatory.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
The use of a parcel of land primarily for one
or more of the following purposes:
The raising, harvesting and selling of crops,
including grains, vegetables or fruits, trees and other produce, and
all structures and activities customarily associated with this activity.
The feeding, breeding, management and sale of
livestock, poultry, fur-bearing animals, honey bees or of the products
thereof, etc., not including household and farm pets, and all structures
and activities, including the raising of livestock feed or pasturing,
customarily associated with this activity.
A parcel of land shall not be considered to
be used for "agricultural purposes" if the subdivision of land is
also intended for use primarily as a recreational subdivision, as
defined herein, or for residential, commercial or industrial purposes
in which one or more of the agricultural activities listed above are
undertaken as an incidental or secondary use as determined by the
Borough Council.
A permanent service way providing a secondary means of access
to abutting lands.
Any person who submits subdivision plans to the Borough,
on behalf of the subdivider, for the purpose of obtaining approval
thereof.
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, waterway, unsubdivided
area or other definite barrier.
A bid secured by the subdivider, from a contractor or contractors,
for the purpose of verifying the estimated cost to complete the required
improvement or improvements which are 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 Council,
which will provide for the completion of all of the required improvements
or maintenance.
The Borough of Wilson, Northampton County, Pennsylvania.
The Borough's engineer or other qualified representative,
designated by the Borough in which the subdivision is located, to
perform various engineering duties required by this chapter.
The minimum distance from the front lot line to any building
or structure to be erected on the lot.
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.
The Planning Commission of the Borough of Wilson.
The complete plan, or any part of a plan which may be adopted
by the Borough, which is designed to serve as a guide for the future
development and growth of the Borough.
The governing body of the Borough of Wilson.
Northampton County, Pennsylvania.
See "Joint Planning Commission."
A local street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
The deliberate appropriation of land by its owner for any
general and public or limited public use, reserving to himself no
other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
See "subdivider."
A limited right of use granted in private land for a public
or quasi-public purpose.
A professional engineer licensed by the State of Pennsylvania.
A deposit made out to the benefit of the Borough, as determined
by the Borough Council, in an amount sufficient to guarantee and cover
the entire costs of any required improvement or maintenance which
is the responsibility of the subdivider to provide under the terms
of this chapter, but which will allow the Borough to complete said
improvements or maintenance in their entirety, without any additional
cost to the Borough, in the event of a default, negligence, cost overrun
or inflationary increase in price or failure of any type of the subdivider
to provide or complete said required improvements or maintenance.
Said "financial security" shall be approved by the Borough Council
and may include irrevocable letters of credit and restrictive or escrow
accounts in a federal- or commonwealth- chartered lending institution
or other type of financial security acceptable to the Borough Council,
and such security shall be posted with a bonding company or with a
federal- or commonwealth-chartered lending institution authorized
to conduct business in the commonwealth.
The portion of a parcel or lot which abuts a street.
DOUBLE FRONTAGEA lot which has frontage on and access from two streets which are approximately parallel to each other.
REVERSE FRONTAGE LOTA double frontage lot which extends between and which has frontage on a major street and a minor or collector street and which has access only from the minor or collector street and which has its access prohibited from the major street.
The Joint Planning Commission of the Counties of Lehigh and
Northampton, also referred to as the "Joint Planning Commission,"
designated to perform various administrative, review, supervisory
and other duties required by this chapter or duties set forth in the
Pennsylvania Municipalities Planning Code[1] for County Planning Commissions.
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, as defined herein, shall
also be considered to be a "land development."
The following shall be excluded from the definition
of "land development" if it only involves the following:
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 buildings, 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 purposes of this subclause, 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 proper authorities.
A portion of a subdivision, or other parcel of land intended
as a unit for transfer of ownership use or for development.
A transportable, single-family dwelling constructed on a
permanent foundation, intended for permanent occupancy for use by
one family, 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,
except for a travel trailer, as defined herein.
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.
Any lot, parcel or tract of land at least 10 acres in size,
upon which three or more mobile homes are located for occupancy and
used by persons of different families other than members of one household.
The Borough of Wilson in which a proposed subdivision or
land development is located.
Any map adopted by ordinance of the Borough pursuant to Article IV of the Pennsylvania Municipalities Code (Act 247 of 1968, as amended by Act 170 of 1988).
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 informal 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 required 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, as required by this chapter.
RECORD PLANThe copy of the final plan which contains the original endorsements or approvals of the Borough and other agencies which is intended to be recorded with the County Recorder of Deeds, as required by this chapter.
A qualified community or City planner with certification
from the American Institute of Certified Planners.
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.
See "frontage."
Land reserved for use as a street, alley, interior walk,
other means of travel or for other public purpose.
The 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, county, Joint Planning Commission or the Pennsylvania
Department of Transportation or other appropriate official agency.
The line within a property defining the required minimum
distance between any 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.
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 streets" are streets offered for dedication
to the Borough and accepted by the Borough to ensure permanent public
ownership and maintenance by the Borough. "Private streets" are streets
not offered for dedication or not accepted by the Borough. Such streets
are not normally permitted by this chapter. Classes of streets according
to use, function and width shall be as designated in the Comprehensive
Plan or, if not so designated, shall conform with the following:
MAJOR or ARTERIAL STREETThose streets which serve internal county movements and provide connections between traffic generators serving or anticipated to serve moderately heavy traffic volumes at a design speed of 60 miles per hour.
COLLECTOR STREETThose streets 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 moderate traffic volumes and shall have a design speed of 45 miles per hour.
MINOR or LOCAL STREETThose streets used primarily to provide access to abutting property and to feed into the collector streets. They are anticipated to serve relatively low traffic volumes 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 STREETLocal streets, parallel and adjacent to major traffic streets, providing access to abutting properties and providing control of intersections with major streets.
The owner or equitable owner of a property to be subdivided
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 or land development
showing the layout of the land and the public and private improvements
involved therein. The term "subdivider" is intended to include the
terms "developer" and "applicant" 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, petition 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.
A division of any part, parcel or area of land which does
not fall within the category of a minor subdivision, as defined below.
A division of any part, parcel or area of land which complies
with the following:
Contains not more than five lots.
Involves no new road or street or easements
of access other than a private driveway.
Involves no installation of other required public
or private improvements.
Total tract size of less than 10 acres.
Is consistent with any Borough Comprehensive
Plan, Official Map or Zoning Ordinance which may apply and with all
provisions of this chapter.
The specific person designated by the Borough Council to
perform all of the administrative duties required by this chapter.
A professional surveyor licensed by the State of Pennsylvania.
A vehicle, less than 36 feet in length, standing on wheels
and containing not more than one dwelling unit which may be used for
temporary living or sleeping purposes and not intended for occupancy
for more than 100 days during any one year.
Land in parcels sufficiently large for future subdivision
which is presently in agriculture or woodland.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
