[Amended 7-15-1993 by Ord. No. 1048]
Other terms or words used herein shall be interpreted or defined as follows:
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery 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.
BLOCKProperty 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.
BUILDING SETBACK LINEThe line within a property defining the minimum required front yard distance between any building to be erected and an adjacent right-of-way.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines.
COMMON OPEN SPACEA 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.
COMPREHENSIVE PLANThe maps, charts, and textual material adopted by the Borough Council of Northampton Borough in accordance with the Pennsylvania Municipalities Planning Code and designated, as a whole and in its several parts, as the Comprehensive Plan for the continuing development of Northampton Borough.
CUTAn excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; also, the material removed in excavation.
DESIGNATED BOROUGH OFFICIALThe Borough official charged by the Borough Council with the responsibility of administering the subdivision application submission procedure.
DEVELOPERAny 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 PLANThe 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.
DOUBLE OR REVERSE FRONTAGE LOTA lot extending between and having frontage on two generally parallel streets with vehicular access from only one street.
DWELLING UNITOne 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.
EASEMENTA right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania.
EROSIONThe removal of surface materials by the action of natural elements.
EXCAVATIONAny act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
FEASIBILITY REVIEWAn initial submission of maps and materials, by the developer, prior to submission of a preliminary plan which analyze the natural characteristics of the proposed subdivision or land development tract as they relate to the development potential of the tract. The developer's proposed general development concept for the tract shall also be included in this submission.
FILLAny act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the floodplain outside the floodway.
FLOODPLAINA. A lowland area adjoining a river, stream or watercourse which is subject to partial or complete inundation.
An area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purpose of this chapter, the one-hundred-year floodplain as defined in the Flood Insurance Study for the Borough of Northampton prepared by the U.S. Department of Housing and Urban Development.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this chapter, the floodway and approximated floodplain, as defined in the Flood Boundary and Floodway Map and Floodway Data Table prepared by the U.S. Department of Housing and Urban Development.
IMPROVEMENTSThose physical additions and changes to the land such as streets, sidewalks, sanitary sewer systems, storm drainage systems, and water supply systems that may be necessary to produce usable and desirable lots.
LAND DEVELOPMENTAny 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
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.
"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;
The addition of an accessory building, including farm building, 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 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.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an 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 rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this chapter.
LOTA 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 AREAThe area contained within the property lines of a lot (as shown on the plan), excluding space within all streets and within all permanent drainage easements, but including the areas of all other easements.
MAINTENANCE GUARANTEEAny security which may be accepted by the Borough Council to insure that improvements will be kept in good condition for a period of 18 months after completion of construction, installation and dedication, including corporate bonds, escrow agreements, and other similar collateral or surety agreements.
MARKERA metal pin preferably a reinforcing rod of at least 3/4 inch outside diameter and at least 30 inches in length.
MOBILE HOMEA 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 LOTA 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 PARKA 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.
MONUMENTA stone or concrete monument with a flat top at least four inches in diameter or square. It is recommended that the bottom sides or radius be at least two inches greater than the top to minimize movements caused by frost. The monument should contain a copper or brass dowel and be at least 30 inches in length.
MUNICIPAL AUTHORITYA 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 MAPThe Borough map adopted by ordinance 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.
PERFORMANCE GUARANTEEAny security which may be accepted by the Borough Council to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plan, including corporate bonds, escrow agreements, and similar collateral or surety agreements.
PLAN, FINALA complete and exact plan, with professional engineer's seal affixed and prepared for official recording as required by this chapter to define property rights, streets and other proposed improvements.
PLAN, PRELIMINARYA tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as required by this chapter.
PLAN, RECORDThe copy of the final plan which contains the original endorsements of the Joint Planning Commission and the Borough Planning Commission and which is intended to be recorded with the County Recorder of Deeds.
PRINCIPAL USEThe primary and most important use of a lot, parcel or structure.
PUBLIC GROUNDSIncludes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA 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 MEETINGA 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 NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Borough of Northampton. 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.
RESUBDIVISIONAny remapping of land, limited to changes in lot lines on approved final plans or recorded plans as specified in this chapter. Other remapping shall constitute a new subdivision of land. (See also "subdivision.")
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, sidewalk, or for other public or semipublic purposes.
RUNOFFThe surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAMThe surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by Chapter
250, Zoning.
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, commonly called a "package treatment plant," generally serving a single land development, subdivision, or neighborhood, and operated by a governmental agency, governmental authority, public utility company, or a developer.
SANITARY SEWAGE DISPOSAL, PUBLICA sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a major portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or public utility company.
SEDIMENTATIONThe process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
SEPTIC TANKA watertight receptacle which receives sewage or industrial waste and is designed and constructed to provide for sludge storage, sludge decomposition, and to separate solids from the liquid, through a period of detention, before allowing the liquid to be discharged.
SIGHT DISTANCEThe required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 4 1/2 feet above the center line of the road surface to a point 1/2 foot above the center line of the road surface.
SLOPEThe face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
SOIL CHARACTERISTIC TESTA field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities.
SOIL STABILIZATIONChemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
STREETIncludes 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. Streets are further classified according to the functions they perform:
A. ARTERIALA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTORA street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to community facilities and/or other collector and arterial streets (streets in industrial and commercial subdivisions shall generally be considered collector streets).
LOCALA street used primarily to provide access to abutting properties.
CUL-DE-SACA local street intersecting another street at one end, and terminating in a vehicular turning circle at the other.
HALF (PARTIAL)A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MARGINAL ACCESSA local street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
SERVICE (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe 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 COMPLETEDWhere 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.
SURVEYORA registered surveyor licensed by the Commonwealth of Pennsylvania.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TILE ABSORPTION FIELDA system of open-jointed or perforated pipes laid in the upper strata of the soil to distribute sewage effluent into the soil for absorption and vaporization.
TOPSOILSurface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris.
TRACTA contiguous land area unbroken by a public street, distinguishable in its ownership from all adjacent areas, and large enough to be capable of subdivision or land development according to the requirements set forth in this chapter.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or man-made.
WATER SUPPLY AND DISTRIBUTION SYSTEM, CENTRALIZEDA system for supplying and distributing water from a common source to two or more dwellings and/or other buildings, generally serving a single land development, subdivision, or neighborhood, and operated by a governmental agency, governmental authority, public utility company, or a developer.
WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLICA system for supplying and distributing water from a common source to dwellings and other buildings, generally serving a major portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or a public utility company.
WATER SURVEYAn inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Borough of Northampton.