[Ord. 614, 12/29/1992, § 201]
Words in the singular include the plural and those in the plural
include the singular; words in the present tense include the future
tense; words used in the masculine gender include the feminine and
neuter.
[Ord. 614, 12/29/1992, § 202]
The words "person," "subdivider" and "owner" include a corporation,
unincorporated association and a partnership or other legal entity,
as well as an individual. The word "street" includes thoroughfare,
avenue, alley, boulevard, court, expressway, highway, lane, arterial
and road. The word "building" includes structures and shall be construed
as if followed by the phrase "or part thereof." The word "watercourse"
includes channel, creek, ditch, drain, dry run, spring and stream.
The words "should" and "may" are permissive; the words "shall," "must"
and "will" are mandatory and directive.
[Ord. 614, 12/29/1992, § 203]
Where terms or words are not defined in this Part, definitions
may be found in the Municipalities Planning Code (Act of 1988, P.L.
1329, No. 170). If not, they shall have their ordinarily accepted
meanings or such as the context may imply.
[Ord. 614, 12/29/1992, § 204]
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
See "service street."
A landowner or developer, as hereinafter defined, who has
filed an application for development.
An application required to be filed and approved prior to
start of construction or development including, but not limited to,
an application for the approval of a preliminary or final subdivision
or land development plan.
A licensed architect in the Commonwealth of Pennsylvania.
A tract of land, or lot or groups of lots bounded by streets,
public parks, railroad rights-of-way, watercourses, boundary lines
of the Borough, unsubdivided land or by any combination of the above.
Hamburg Borough, Berks County, Pennsylvania.
Any combination of materials forming any structure which
is erected on the ground and permanently affixed thereto, designed,
intended or arranged for the housing, sheltering, enclosure or structural
support of persons, animals or property of any kind.
The line within a property defining the minimum required
distance between any building to be erected and an adjacent right-of-way.
Such line shall be measured at right angles from the front street
right-of-way line which abuts the property upon which said building
is located and shall be parallel to said right-of-way line.
The portion of a street right-of-way paved or unpaved, intended
for vehicular use.
An area of unobstructed vision at the street intersection
defined by lines of sight between points at a given distance from
the intersection of street centerlines.
The County of Berks, Commonwealth of Pennsylvania.
The Berks County Planning Commission.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to make a subdivision
of land or a land development.
Any structure, or part thereof, designed to be occupied as
living quarters for a single housekeeping unit not including hotel
or motel rooms designed for transient use.
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 lessee or owner of the property shall not erect any permanent
structure but shall have the right to make any other use of the land
which is not inconsistent with the rights of the grantee.
The application of the reviewing and/or approving authority's
stamp and signatures of the appropriate authority on the record plan.
A licensed professional engineer registered in the Commonwealth
of Pennsylvania.
The Borough Council, Borough of Hamburg, Berks County, Pennsylvania.
Those physical additions and changes to the land that may
be necessary to provide usable and desirable lots.
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.
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. The addition of a residential accessory
building on a lot or lots subordinate to an existing principal building
is excluded from the definition of land development.
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 licensed landscape architect in the Commonwealth of Pennsylvania.
A designated tract, parcel 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 excluding
space within all streets and within all permanent drainage easements
but including the area of all other easements.
A lot of irregular shape that has a narrow access strip (not meeting the minimum lot widths requirements of the Borough Zoning Ordinance [Chapter 27] and thus too narrow for the construction of a principal building) leading from a street to a wider portion of the lot which is intended for construction or a principal building and which wider portion complies with the minimum lot width requirements of the Borough Zoning Ordinance [Chapter 27].
A metal pipe or pin of at least 1/2 inch in diameter and
at least 24 inches in length which is fully inserted vertically into
the ground.
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 stone or concrete monument with a flat top at least four-inch
diameter or square end at least 30 inches in length. Stone monument
shall contain an indented cross or 1/4 inch drill hole. Concrete monuments
shall contain a copper or brass dowel (plug). The bottom sides or
radius shall be at least two inches greater than the top to minimize
movements caused by frost.
Hamburg Borough, Berks County, Pennsylvania.
An authority created by the Borough Council or an authority
of which the Borough is a member, responsible for but not limited
to the construction, operation and maintenance of water purification,
storage and distribution or sewage collection and treatment facilities.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania employed by the Borough or engaged as a consultant
thereto or his duly authorized representative.
The attorney appointed by the Borough Council or his duly
authorized representative.
The agent or official designated by the Borough to administer and enforce the Borough Zoning Ordinance [Chapter 27].
The comprehensive development plan and/or official map and/or
topographical survey and/or such other plans or portions thereof as
may have been adopted by the Borough pursuant to statute for the area
in which the subdivision or land development is located.
A complete and exact subdivision plan (and including all
required supplementary data) prepared for official recording as required
by statute to define property rights and proposed streets and other
improvements prepared by a registered engineer, surveyor, architect
or landscape architect.
A subdivision plan (and including all required supplementary
data) showing proposed street, lot and utility layout as a basis for
consideration prior to preparation of a final plan prepared by a registered
engineer, surveyor, architect or landscape architect.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the municipality(ies) and which
is intended to be recorded with the County Recorder of Deeds and prepared
by a registered engineer, surveyor, architect or landscape architect.
A tentative plan drawn to exact scale indicating salient
existing features of the tract and showing approximate street and
lot layout as a basis for consideration prior to preparation of a
preliminary plan.
The Planning Commission of the Borough of Hamburg, Berks
County, Pennsylvania.
A map or plan of a subdivision, whether preliminary or final.
Includes (1) parks, playgrounds, trails, paths and other
recreational and other public areas and (2) sites for publicly owned
buildings and facilities.
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.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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.
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
Any replatting or resubdivision of land, limited to changes in lot lines on the approved final plan or recorded plan as specified in § 22-310 of this chapter. Other replattings shall be considered as constituting a new subdivision of land. See "subdivision."
A lot extending between and having frontage on two generally
parallel streets (excluding service streets) with vehicular access
solely from one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
See "cartway."
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on the roadway when the view
is unobstructed by traffic. Sight distance measurements shall be made
from a point 31/2 feet above the centerline of the road surface to
a point 1/2 foot above the centerline of road surface.
A field test conducted to determine the suitability of the
soil for onsite sanitary sewage disposal facilities by measuring the
absorptive capacity of the soil at a given location and depth.
A strip of land, including the entire right-of-way (i.e.
not limited to the cartway) to provide access to more than one lot.
The word "street" includes a street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct and other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Streets are further classified according to the function
they perform:
A street which, in addition to providing access to abutting
properties, intercepts minor streets to provide a route and gives
access to community facilities and/or other collector and major streets.
(Streets in industrial, multifamily and commercial subdivisions shall
generally be considered collector streets.)
A minor street intersecting another street at one end and
terminated at the other end by a permanent vehicular turnaround.
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.
A minor street on private property used for circulation and
access within a development project involving multiple family or nonresidential
uses.
A street serving a large volume of comparatively high speed
and long distance traffic including all streets classified as main
and secondary highways by the Pennsylvania Department of Transportation.
A minor street, parallel and adjacent to a major street (but
separated from it by a reserve strip) which provides access to abutting
properties and controls intersections with the major street.
A street used primarily to provide access to abutting properties.
A minor public right-of-way providing secondary vehicular
access to the side or rear of two or more properties.
Any manmade object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "developer."
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. The term "subdivision" shall refer, as appropriate in this
chapter, to the process of subdividing land or to the land proposed
to be subdivided. The term "subdivision" includes resubdivision.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
A system for supplying 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 but generally not confined
to one neighborhood.
The official zoning map of the Borough of Hamburg, Berks
County, Pennsylvania.
The Borough of Hamburg Zoning Ordinance, as amended [Chapter 27].
