[Amended 6-15-1998 by Ord. No. 2-98]
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
ACCESS DRIVE
An entrance or exit used by vehicular traffic to or from
properties abutting a road not meeting the definition of "driveway."
[Added 6-19-2006 by Ord. No. 04-06]
ACCESS POINT
One combined entrance/exit point, or one clearly defined entrance point and one clearly defined exit point, separated in accordance with the requirements of this chapter and Chapter
275, Zoning, of the Code of the Township of Bethlehem.
[Added 6-19-2006 by Ord. No. 04-06]
ACT 247
The "Pennsylvania Municipalities Planning Code," Act 247
of 1968, as amended.
ACTIVE RECREATION AREA
An area that is expressly designated, and in the opinion
of the Board of Commissioners suitable, for playing fields; sports
courts; and/or facilities such as swimming pools, locker rooms, recreation
centers, gymnasiums, pavilions and playground facilities. Such an
area shall have adequate access to an existing or proposed public
street; shall not have slopes exceeding 5%; shall not be within a
designated floodplain or wetland area; shall be not smaller than two
contiguous acres (including any abutting active recreation area);
and shall not be encumbered by utility or other easements or restrictions
that make such area unsuitable for its intended use.
[Amended 8-7-2000 by Ord. No. 3-00]
ADMINISTRATOR
One or more Township officials duly authorized by the Board
of Commissioners to administer this chapter.
APPLICANT
A landowner or developer who has filed an application for
a subdivision or land development, including his heirs, successors
and assignees.
APPLICATION, COMPLETE
The submission of all applicable forms, plans and supporting
information required by this chapter and Chapter 218, Stormwater Management,
of the Code of the Township of Bethlehem.
BLOCK
Property bounded on one side by a street, and on the other
three sides by a street, railroad right-of-way, public park, waterway,
municipal boundary, tract of land held in separate ownership, or any
combination thereof.
BOUNDARY LINE ADJUSTMENT
The revision of a lot line in such a way that no new lot is created, no street is created, extended or changed in alignment, that no additional nonconformities will be created under Chapter
275, Zoning, and that no new land development will occur other than a land development that was previously approved.
CHAPTER, THIS
The "Bethlehem Township Subdivision and Land Development
Ordinance" and any provisions or amendments thereof, enacted by the
Board of Commissioners.
COMMISSION
The Planning Commission of the Township of Bethlehem.
DEP
The Pennsylvania Department of Environmental Protection.
DEVELOPER (SUBDIVIDER)
Any landowner, agent of such landowner or tenant with permission
from a landowner, who makes or causes to be made a subdivision of
land or land development.
DEVELOPMENT AGREEMENT
An agreement (in a form and manner acceptable to Township)
requiring a developer to install the improvements required by this
chapter and any improvements or amenities which appear on the plan
in accordance with the requirements of this chapter.
DRIVEWAY
An entrance or exit used by vehicular traffic to or from
a property occupied by a single dwelling unit abutting a road.
[Added 6-19-2006 by Ord. No. 04-06]
DWELLING TYPES
See definitions in Chapter
275, Zoning, of the Code of the Township of Bethlehem.
EASEMENT
A grant by the property owner to the public, a corporation,
a person, or group of persons or another tract of land of a use of
land for specified purposes.
ENGINEER, PROFESSIONAL
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP
The registered professional engineer designated by the Board
of Commissioners to perform all duties required of the Engineer by
the provisions of this chapter.
GRADE
The elevation of ground or paving.
JPC
Joint Planning Commission, Lehigh-Northampton Counties, or
its successor agency.
LAND DEVELOPMENT
A.
As defined by the State Municipalities Planning
Code, as amended. (As of 1989, this definition included the following: The
improvement of one or more contiguous lots, tracts, or parcels of
land for any purpose involving either or both of the following:
(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.)
B.
In addition, "land development" shall specifically
exclude the following:
(1)
The construction of only one accessory agricultural building,
that is not intended for the storage of animal wastes or the storage
or feeding of animals, or
(2)
The conversion of an existing single-family detached dwelling
into only two dwelling units.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of a formal option or contract 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 right of the
landowner), or other person having a proprietary interest in land.
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.
LOT, REVERSE FRONTAGE
A lot that abuts a public street on one side of the lot,
but has vehicular access only from a public street on the opposite
side of the lot.
MAINTENANCE AGREEMENT
An agreement in a form and manner acceptable to the Board
of Commissioners requiring the developer of improvements which have
been dedicated to make any repairs or reconstructions and to maintain
such improvements for a certain period.
MAINTENANCE GUARANTEE
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that dedicated improvements shall be maintained by the developer.
[NOTE: These guarantees typically include acceptable letters of credit,
performance bonds, escrow agreements, and other similar collateral
or surety agreements.]
MOBILE HOME SPACE
An area of land in a mobile home park, improved with the
necessary utility connection and other appurtenances necessary for
the placement thereon of a single mobile home, with the land leased
or rented by the park owner to the occupants of the mobile home placed
on the lot.
NATURAL RESOURCE AREA
An area that is, in the opinion of the Board of Commissioners,
deserving of protection from development, as including floodplains,
wetlands, ponds, waterways, steep slopes, alluvial soils and/or woodlands.
OPEN SPACE
A parcel or parcels of land, or an area of water, or a combination of land and water which is not occupied by streets, existing or proposed to be dedicated street rights-of-way, buildings or off-street parking and that is dedicated to the public or privately preserved with the approval of the Board of Commissioners. For the purposes set forth in §
230-60 of this chapter, such open space shall, in addition, meet one or more of the following definitions:
OPEN SPACE, COMMON
An area of land and/or water within a subdivision or land development tract that is open space designed and intended for the common recreational use of residents of a development or the general public, that is permanently preserved as common open space and that does include any part of the setback areas required for individual dwellings or buildings or uses under Chapter
275, Zoning.
PARCEL
A tract, lot, or area of land.
PARKING
Off-street parking accommodated in an open parking lot unless
otherwise stated, used for the storage of motor vehicles.
[Amended 8-16-2021 by Ord. No. 08-21]
PASSIVE RECREATION AREA
An area that is expressly designated and, in the opinion
of the Board of Commissioners, suitable for nature programs, trails
and/or picnicking. Such an area shall be not smaller than two contiguous
acres (including any abutting open space) and shall not be encumbered
by utility or other easements or restrictions that make such area
unsuitable for its intended use.
PATHWAY
A pedestrian accessway which is not adjacent to a street
or access drive and conforms with this chapter.
PENNDOT
The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEE
Financial security which is acceptable to the Board of Commissioners
to secure the promise made by a developer in the development agreement
that certain improvements shall be made by the developer. [NOTE: This
typically includes acceptable letters of credit, performance bonds,
escrow agreements, and other similar collateral or surety agreements.]
PLAN (or PLAT)
A map of a land development or subdivision of land.
A.
SKETCH PLANAn informal plan, identified as such with the title "sketch plan" on the map, indicating the general layout of the proposed subdivision.
B.
PRELIMINARY PLANA complete plan, identified as such with the title "preliminary plan," accurately showing proposed streets and lot layout and such other information as required by this chapter.
C.
FINAL PLANA complete and exact plan, identified as such with the title "final plan," prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
RESUBDIVISION
The submittal of required plans to modify or replace a previously
approved subdivision.
SIDEWALK
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
SITE PLAN
Unless otherwise stated, a required plan submitted under the requirements of Chapter
275, Zoning, of the Code of the Township of Bethlehem.
SOIL SURVEY
The latest version of the official Soil Survey of Northampton
County, published by the U.S. Soil Conservation Service, or its successor
reference.
STATE
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property or that is an expressway, but
not including an alley or a driveway.
STREET CLASSIFICATION
See the Official Street Classification Map, which was adopted as part of Chapter
275, Zoning, of the Code of the Township of Bethlehem. This map classifies streets as expressway, arterial, connector, collector or local streets.
STREET, CUL-DE-SAC
A type of street which is terminated at one end by a permitted
turnaround and which intersects another street at the other end.
STREET, MARGINAL ACCESS
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
SUBDIVISION
As defined by the State Municipalities Planning Code, as
amended. (As of 1989, this definition was as follows:
A.
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.
B.
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, is not a
subdivision.)
SUBDIVISION, MINOR
Either of the following, other than a land development:
A.
A subdivision:
(1)
Into only two or three lots that are clearly
agricultural lots of at least 10 acres each and/or single-family detached
residential lots, and
(2)
Which involves no extension of public facilities,
no new street, nor an extension of an existing street, and which has
not involved the subdivision approval of at least three lots on the
tract within the five previous years.
B.
Any subdivision which only is:
(1)
For the purpose of joining or annexing a lot
to an existing lot, parcel, or tract of land; and
(2)
Provides a covenant in the deed of the lot to
be conveyed which makes it an inseparable part of the parcel to which
it is joined.
SUBDIVISION ORDINANCE
The "Bethlehem Township Subdivision and Land Development Ordinance," as amended (this Chapter
230).
SUBSTANTIALLY COMPLETED
In the judgment of the Township Engineer at least 90% (based
upon the cost of the required improvements for which financial security
was posted) 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.
TOWNSHIP
The Township of Bethlehem, Northampton County, Pennsylvania.
Unless otherwise stated, this shall mean the Board of Commissioners
and its authorized agents.
TRACT
One or more abutting or adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
USGS
United States Geological Survey, or its successor agency.
WALKWAY
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
WATERCOURSE
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.
WATER SERVICE, PUBLIC OR CENTRAL
Service by a central water system that is owned and operated
by a municipal authority or a PUC regulated water company and that
serves more than 15 dwelling units or principal uses.