This chapter is enacted pursuant to the authority
conferred by the Pennsylvania Municipalities Planning Code, Act No.
247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
All subdivisions included, conformance required.
(1)
This chapter shall apply to all subdivisions and land
development located within the borough limits which are subdivided
and/or submitted after the effective date of this chapter and also
to all subdivisions and land developments previously approved by the
borough, the development of which has not been completed within three
years of said approval.
(2)
No subdivision or land development of any lot, tract
or parcel of land shall be effected and no street, sanitary sewer,
storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
and travel or the common use of occupants of buildings abutting thereon,
except in strict accordance with the provisions of this chapter.
B.
Approval required before recording. All plans for
subdivisions shall be submitted to the Borough Planning Commission
and approved by the Planning Commission and the Borough Council before
they shall be recorded.
This chapter has been adopted for the purpose
of regulating subdivision and land development within the borough
in order to create conditions favorable to the health, safety, morals
and general welfare of the citizens of the borough through the provisions
of regulations that will ensure the harmonious development of the
community.
Wherever there is a difference between minimum
standards or dimensions specified herein and those contained in the
Zoning Ordinance[1] or other official regulations, the highest standard shall
apply.
A.
Word usage. For the purpose of this chapter, words
used in the present tense include the future tense; the term "shall"
is always mandatory; and other terms or words used herein shall be
interpreted or defined as follows.
B.
ADMINISTRATOR
ALLEY
APPLICANT
BLOCK
BUILDING
BUILDING SETBACK LINE
CARTWAY
COMMISSION ENGINEER
COMMISSION PLANNER
COMMISSION or PLANNING COMMISSION
COMPREHENSIVE PLAN or MASTER PLAN
COUNTY
CUL-DE-SAC
DEVELOPER
EASEMENT
GOVERNING BODY, BOROUGH
LAND DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
LOT
OFFICIAL MAP
PLAN
(1)
(2)
(3)
PUBLIC NOTICE
STREET
(1)
(2)
(3)
(4)
(5)
SUBDIVIDER
SUBDIVISION
(1)
(2)
SUBDIVISION AND LAND DEVELOPMENT, MINOR
(1)
(2)
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
The person designated by the Council to perform all administrative
and/or supervisory duties required by this chapter.
A permanent serviceway providing a secondary means of access
to abutting lands.
A subdivider or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
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 structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property, including tents, lunch
wagons, dining cars, camp cars, trailers and other structures used
for business, mercantile, storage, commercial, industrial, institutional,
assembly, educational or recreational purposes.
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 and additional
space for shoulders and/or parking lanes.
The Borough Engineer designated by the Council to perform
all supervisory duties required of a registered engineer by the provisions
of this chapter.
The qualified planner designated by the Council to perform
the administrative and/or supervisory duties required by the provisions
of this chapter.
The Planning Commission of the borough.
The complete plan for the development of the borough, or
any part of said plan, prepared by the Commission.
Carbon County, Pennsylvania.
A minor street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
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.
A grant by the property owner of the use of a strip of land
by the public, a corporation or persons for specified purposes.
The Borough Council of the Borough of Lehighton, Carbon County,
Pennsylvania.
The improvement of one or more contiguous lots,
tracts or parcels of land for any persons involving:
A group of two or more buildings;
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
or other features (i.e., a subdivision of land); or
The development of a parcel of land which may
involve installation of streets and/or alleys, even though the streets
and alleys may not be dedicated to public use and the parcel may not
be divided immediately for purposes of conveyance, transfer or sale
(for example, as a shopping center, an industrial park or a multiple
dwelling project), which shall be considered the same as a subdivision.
A subdivision of land.[1]
A portion of a subdivision or other parcel of land intended
as a unit for transfer of ownership use or for development.
The map adopted by ordinance of the borough showing exact
locations of existing and proposed lines for public streets, watercourses
and public grounds, including widenings, narrowings, extensions, diminutions
and the opening or closing of the same for the entire borough.
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 consideration by the borough.
PRELIMINARY PLANA tentative plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout and such other information as is required by this chapter.
FINAL PLANA complete and exact plan, prepared for official recording as required by this chapter, defining property rights and proposed streets and other improvements.
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 or less than 14 days from the date
of the hearing.
A strip of land including the entire right-of-way intended
for use as a means of vehicular and pedestrian circulation. 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:
ARTERIAL STREETSThose streets designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. These streets may be designated as "limited," "controlled" or "partial" access streets. The proposed Lehighton bypass would be the only street of this type in the borough.
CONNECTOR STREETS (also classified as secondary arterial highways)Those streets which gather traffic from minor and collector streets and provide this traffic with a connection to arterial roads and between neighborhoods. These streets also provide direct access to individual land uses. Mahoning Street, Blakeslee Boulevard and Bankway Street are connector streets.
COLLECTOR STREETSThose which intercept minor streets, provide access to abutting properties and serve to collect traffic from minor streets and feed it to major highways. Coal Street, Iron Street, Bridge Street, First Street, Second Street, Fourth Street and Ninth Street are collector streets.
MINOR LOCAL STREETSThose used primarily to provide access to abutting property and which serve to provide the connecting link between the beginning or end point of a trip and the major road system.
MARGINAL ACCESS STREETSThose streets parallel and abutting to a major street, providing access to abutting properties and control of access and intersections with the major street.
The owner or authorized agent of the owner, including but
not limited to an individual, partnership or corporation, who 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 though the personnel involved in successive stages of the project
may vary.
A 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. However, for the purposes
of this chapter, division of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or easement of
access or residential dwellings, shall not be deemed a subdivision.[2]
Any development of a piece of land which involves
installation of sanitary sewers, storm sewers, water mains, gas mains
or pipes or other facilities for the use, whether immediate or future,
of the owners or occupants of the land or of buildings abutting thereon.
A division of land into lots of one or more
acres in area for use by or conveyance to an immediate relative of
the owner (i.e., son, daughter, father or mother), for his or her
or their personal use.
Any division or development of a parcel of land
into not more than three lots, each lot being at least 1/2 acre in
area, provided that no new streets, easements or access are to be
required. However, more than one submission by the same individual
shall be considered a major subdivision.
