[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
Unless otherwise expressly stated, the following words shall
for the purpose of this chapter, have the meaning herein indicated.
The present tense shall include the future, the singular number shall
include the plural of the singular, words used in the masculine gender
shall include the feminine and the neuter; the word "shall" is always
mandatory, the word "may" is always permissive.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986;
and amended by Ord. 761, 2/3/1992, § 1; and by Ord. 940,
1/7/2002, §§ 1-3]
A minor way, whether or not legally dedicated, intended and
used primarily for vehicular service access to the rear of properties
which abut on a street, and not intended for the purpose of through
vehicular traffic.
An area, divided into lots, and usually bounded by streets.
The Borough of Emmaus, Lehigh County, Pennsylvania.
The Borough Council of the Borough of Emmaus, Lehigh County,
Pennsylvania.
A combination of materials to form a permanent structure
having walls and a roof, including but not limited to, all manufactured
homes and trailers.
The portion of a street or alley improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street center lines.
Ownership in common with others of a parcel of land and certain
parts of a building thereon which would normally be used by all the
occupants, together with individual ownership in fee of a particular
unit or apartment in such building or on such parcel of land and may
include dwellings, offices and other types of space in commercial
and industrial buildings or on real property.
The County of Lehigh, Pennsylvania.
The Lehigh/Northampton Joint County Planning Commission.
A minor street intersecting another street at one end and
terminated at the other by a vehicular turnaround.
An excavation. The difference between a point on the original
ground and designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The Pennsylvania Department of Environmental Protection,
its bureaus, divisions, departments and/or agencies, as may from time
to time be established, or such Department or Departments as may in
the future succeed it.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation
in a one-hundred-year flood as designated in the Borough Zoning Ordinance
as amended.
An area in which surface water runoff is temporarily stored
pending its release at a controlled rate.
Any landowner, agent or tenant with permission of such landowner,
who makes or causes any development of tract or parcel of land or
a lot.
Any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation, or drilling operations, and
the subdivision of land.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff to
minimize erosion and sedimentation during and after construction or
development.
Any ditch, gutter, culvert, storm sewer or other structure
designed, intended or constructed for the purpose of carrying, diverting
or controlling surface water or groundwater.
The lands required for the installation of storm water sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A private vehicular passageway providing access between a
street and a private parking area or private garage.
Any building which is designed for human living quarters,
but not including hotels, boarding houses, tourist cabins, motels
and other accommodations used for transient occupancy.
A grant of limited use of private land for a public or quasi-public
purpose.
A registered professional engineer in Pennsylvania designated
by the Borough.
The engineering criteria of the Borough regulating the installation
of any improvement or facility. In the absence of such Borough engineering
criteria, the applicable standards of the Lehigh County Subdivision
and Land Development Ordinance shall apply.
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. It shall include the conditions resulting
therefrom.
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. It shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation of the final grade. The material
used to make fill.
The area along a natural watercourse which may from time
to time be overflowed by water therefrom.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of the one-hundred-year
magnitude.
A plan showing all existing ground features and proposed
grading, including existing and proposed surface and subsurface drainage
facilities, described by grades, contours, and topography.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including but not limited
to, grading, paving, curbing, street lights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, cross-walks, driveways, culverts, and street shade
trees.
A right-of-way or easement for pedestrian use, extending
from a street into a block or across a block to another street.
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 buildings or the division or allocation
of land or space 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.
The term "land development" shall also include the plot plan
for a manufactured home park as defined in the Borough Zoning Ordinance,
and the said plot plan shall be drawn in the same manner as herein
provided for a Final Subdivision Plan, and shall include spaces for
approval by the Borough Engineer and the Borough Council, which approvals
shall be given prior to the issuance of a permit or recording.
A parcel of land having dimensions and area as required by
this chapter and having frontage upon a street as shown on a plat
of record or considered as a unit of property and described by metes
and bounds.
A lot abutting upon two or more streets at their intersection,
the front of which shall be considered to be the frontage of least
dimension on a street, except that where any two frontages shall each
exceed 150 feet in length, either frontage may be designated as the
"front" of the lot.
An interior lot which abuts streets in both the front and
rear.
A lot having side lot lines which do not abut on a street.
The distance between the side lot lines measured at the building
set-back line.
A lot of record at the time of the adoption of this chapter,
which by reason of area or dimension, does not conform to the requirements
of this chapter.
A lot described in a deed or shown on a plan of lots which
has been recorded in the office of the Recorder of Deeds of Lehigh
County, Pennsylvania.
A lot extending between and having frontage on an arterial
street and a local access street, and with vehicular access solely
from the latter.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A wood or metal stake placed to designate the boundary and
corners of lots in the subdivision of land for the purpose of reference
in land and property survey and to facilitate the sale of lots.
The subdivision of land into not more than two parcels located
on an existing improved street that does not involve:
Installation of improvements as required by this chapter;
extension of utilities; frontage on an arterial or collector street;
adverse effect to the development of the remaining parcel; adverse
effect to adjoining properties; and conflict with the Borough's
Comprehensive Plan, Zoning Ordinance, any portion of this chapter
or other state, county or Borough ordinances, laws or regulations.
A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
Act of Assembly of July 31, 1968, P.L. 805, as amended.
A flood that, on the average, is likely to occur once every
100 years.
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 owner, or
other persons having a proprietary interest in the land, shall be
deemed to be an owner for the purpose of this chapter.
Any security which may be in lieu of a requirement that certain
improvements be made before the Borough Council approve a final subdivision
or land development plan, including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
An individual, partnership, corporation, or other legally
recognized entity.
A complete and exact subdivision plan or land development
plan, prepared for official recording as required by statute, to define
property rights and proposed streets and other improvements.
A tentative subdivision plan or land development plan, in
lesser detail than a final plan, showing approximate proposed street
and lot layout as a basis for consideration prior to preparation of
a final plan.
An informal plan, subdivision or land development plan, not
necessarily to scale, indicating salient existing features of a tract
and its surroundings and the general layout of the proposed subdivision.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
The Planning Commission of the Borough of Emmaus.
A map or plan of a subdivision or use indicating the location
and boundaries of individual properties.
(a) parks, playgrounds, and other public areas; and (b) sites
for schools, sewage treatment, refuse disposal, and other publicly
owned or operated facilities.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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 be not more than 30 days or less than 14 days from the date
of the hearing.
Land dedicated to the Borough or other entity approved by
the Borough for the use of the Borough's residents which is suitable
for active uses such as playing fields. Recreation land shall not
include areas within the five-hundred-year floodplain, power line
or pipe line rights-of-way, road rights-of-way, buffer zones or storm
water management facilities. Recreation land shall not include areas
characterized by wetlands, hydric soils, slopes in excess of 5% or
woodlands.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
A narrow parcel of ground having inadequate area for building
purposes separating a street or a proposed street from other adjacent
properties.
Any individual maintaining a voting address in the Borough,
within 1,000 feet of the proposed subdivision, owning real estate
in his own or joint names.
Any subdivision or transfer of land, laid out on a plan which
has been approved by the Borough Council which changes or proposes
to change property lines and/or public right-of-way not in strict
accordance with approved plan.
Land legally dedicated for public purposes, including but
not limited to, a street, alley or interior walk.
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 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 tank in which raw sewage is broken down into
solid, liquid, and gaseous phases to facilitate further treatment
and final disposal.
The line within a property defining the required minimum
distance between any structure and the ultimate adjacent right-of-way,
and the line defining side and rear yards where required.
A system of piping tanks or other facilities serving a lot
and collecting and disposing of sewage in whole or in part into the
soil.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to a central treatment and disposal
plant.
The portion of a roadway (cartway) between the curb or gutter
and the travelway intended for emergency and parking use.
The extent of unobstructed vision, in a horizontal or vertical
plane, along a street, as defined in section 504 of this chapter.
The face of an embankment of 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 absorption capacity
of soil to a specified depth in a given location for the purpose of
determining suitability of soil for on-site sewage disposal.
An existing or platted way dedicated for the use of the general
public, graded and paved or to be graded and paved, in order that
the general public has the right to pass and to use it at all times
for all purposes of travel, transportation or parking to which it
is adapted, devoted, and not otherwise restricted.
Local Access Streets are those used primarily to provide access
to abutting properties.
Collector Streets are those which, in addition to giving access
to abutting properties, intercept local access streets and provide
routes to community facilities and to arterial streets.
Arterial Streets are those serving large volumes of comparatively
high-speed and long-distance traffic, and include facilities classified
as main and secondary highways by the Pennsylvania Department of Transportation.
Marginal Access Streets are minor streets, parallel and adjacent
to arterial streets, providing access to abutting properties and control
of intersections with the arterial street.
Half-Or Partial Street is a street generally parallel and adjacent
to a property line having a lesser right-of-way width than normally
required for satisfactory improvements and use of the street.
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, 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 residential
dwellings, shall be exempted. The term "subdivision" includes land
development, resubdivision and, as appropriate in these regulations,
shall refer to the process of subdividing land or to the land subdivided.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of land characterized as a depression
used to carry surface water runoff.
Surface soils and subsurface soils which normally are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Top soil is usually found in the uppermost soil layer called
the A Horizon.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or other improvement.
A part of the property, structure or building designed or
intended for any type of independent use, which has direct exit to
a public street or way, or to an easement or right-of-way leading
to a public street or way, and includes a proportionate undivided
interest in the common elements, which is assigned to the property,
structure or building.
Any water works, water supply works, water distribution system
or part thereof, designed, intended or constructed to provide or distribute
potable water.
A stream of water, river, brook, creek, or a channel or ditch
for water, whether natural or man-made.
