The purpose of this chapter is to regulate subdivision and land
development within the Borough of Northampton, Northampton County,
Pennsylvania.
This chapter shall be known and may be cited as the "Northampton
Borough Subdivision and Land Development Ordinance."
[Amended 7-15-1993 by Ord. No. 1048]
This chapter shall apply to and have jurisdiction over:
A. 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.
B. Land development. Any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3) "Land development" does not include development which involves:
(a)
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;
(b)
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
(c)
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.
[Added 7-15-1993 by Ord. No. 1048]
The following are exempt or partially exempt from the provisions
of this chapter:
A. 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;
B. The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
C. 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 proper authorities.
All plans shall be submitted to the Borough of Northampton Planning
Commission for approval. The Borough Planning Commission report shall
only be a recommendation to the Borough, and the decision of the Borough
Council shall be final.
All plans shall be sent to the Joint Planning Commission of
Lehigh-Northampton Counties for their review prior to approval by
the Borough Planning Commission. If a report is not received within
30 days from the date the application is forwarded to the Joint Planning
Commission of Lehigh-Northampton Counties, the Borough Planning Commission
may proceed to act without their comments. The Joint Planning Commission
report shall only be a recommendation to the Borough, and the decision
of the Borough Council shall be final.