[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].