Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meaning indicated:
A.
Words in the singular include the plural and those in the plural
include the singular.
B.
Words in the present tense include the future tense.
C.
The words "person," "developer," "subdivider," and "owner" include
a corporation, unincorporated association, a partnership, or other
legal entity, as well as an individual.
D.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
E.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
[Amended 7-15-1993 by Ord. No. 1048]
Other terms or words used herein shall be interpreted or defined
as follows:
A 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.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every 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.
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.
The line within a property defining the minimum required
front yard distance between any building to be erected and an adjacent
right-of-way.
The portion of a street right-of-way intended for vehicular
use.
An 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.
A 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.
The 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.
An 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.
The Borough official charged by the Borough Council with
the responsibility of administering the subdivision application submission
procedure.
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.
The 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.
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street.
One 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.
A 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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Any 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.
An 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.
Any 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.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
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.
The 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.
Those 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.
The Joint Planning Commission of Lehigh and Northampton Counties,
Pennsylvania.
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.
"Land development" does not include development which involves:
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.
The 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.
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.
The 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.
Any 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.
A metal pin preferably a reinforcing rod of at least 3/4
inch outside diameter and at least 30 inches in length.
A 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.
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.
A 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.
A 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.
A 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."[1]
The Borough of Northampton.
The 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.
A flood that has a one-percent chance of being equaled or
exceeded in any given year.
Any 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.
A 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.
A tentative plan, in lesser detail than a final plan, showing
proposed streets and lot layout and such other information as required
by this chapter.
The 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.
The primary and most important use of a lot, parcel or structure.
Includes:
A 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.
A 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.[2]
Notice 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.
Any 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.")
The total width of any land reserved or dedicated as a street,
sidewalk, or for other public or semipublic purposes.
The 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.
The 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.
Any structure designed to treat sanitary sewage within the
boundaries of an individual lot.
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, generally serving a major portion of a municipality
or municipalities, and operated by a governmental agency, governmental
authority, or public utility company.
The 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."
A 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.
The 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.
The 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.
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
Includes 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:
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.
The limit of a street right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Where 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.
A registered surveyor licensed by the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
A 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.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris.
A 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.
A permanent stream, intermittent stream, river, brook, creek,
channel or ditch for water whether natural or man-made.
A 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.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
A 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.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough of Northampton.
