[Ord. 5/8/1997A, § 202; as amended by Ord. 2004-6,
7/13/2004, § 1.V]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
SEWAGE DISPOSAL SYSTEM
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of local, state and federal
agencies.
ACCESS DRIVE
A means of ingress and/or egress accessing; more than one
single-family dwelling unit or a commercial, institutional or industrial
use(s).
APPLICANT
A landowner or developer who has filed an application for
a subdivision or land development, including his/her heirs, successors
and assignees.
BLOCK
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township or by any combination of the above.
BUILDING
A combination of materials to form a permanent structure
having walls and a roof. This shall include all mobile homes and trailers
used for human habitation.
CARTWAY
The paved portion of a street or highway designed for vehicular
traffic and paved areas intended for on-street parking.
CENTRAL SEWAGE SERVICE
Service by a sewage disposal system which collects, treats
and disposes sewage from more than one dwelling, principal use or
lot. "Public sewage" service shall mean service by a Township-owned
sewage system.
COMMISSION
The Planning Commission of Williams Township.
DEP
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in the Township Zoning Ordinance [Chapter
27] as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (F), the Flood-Fringe District (FF) and the General Floodplain District (FA).
DEVELOPER (SUBDIVIDER)
Any landowner, agent of such landowner or tenant with permission
from a landowner, who makes or causes to be made a subdivision of
land or land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations and the subdivision
of land, as well as sewage disposal systems and water supply systems.
DRIVEWAY
A means of ingress and egress accessing one single-family
dwelling unit.
EASEMENT
A grant by the property owner to the public, a corporation,
a person or group of persons, or another tract of land of a use of
land for specified purposes.
ENGINEER, PROFESSIONAL
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
ENGINEER, TOWNSHIP
The registered professional engineer designated by the Board
of Supervisors to perform all duties required of the engineer by the
provisions of this chapter.
EQUIVALENT DWELLING UNIT (EDU)
For the purpose of determining the number of lots in a subdivision,
that part of a multiple-family dwelling or commercial or industrial
establishment with flows equal to 400 gallons per day (GPD).
FLOODPLAIN
See §
27-1506 of the Township Zoning Ordinance [Chapter
27] and the Township Free Standing Ordinance.
GRADE
The elevation of ground or paving.
IMPROVEMENT AGREEMENT
An agreement in a form and manner acceptable to Township
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
LAND DEVELOPMENT
As defined by the State Municipalities Planning Code, 53
P.S. § 10101 et seq., as amended.
(1)
As of 1991, this definition included the following: The improvement
of one or more contiguous lots, tracts or parcels of land for any
purpose involving either or both of the following:
(a)
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.
(b)
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.
(2)
In addition, the following shall specifically not be considered
a "land development":
(a)
The construction of only one accessory agricultural building
that is not intended for the storage of animal wastes or the storage
or feeding of animals.
(b)
The conversion of an existing single-family detached dwelling
or a single-family semidetached dwelling (half of a twin home) into
a maximum of three dwelling units.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a lessee (if authorized under lease to exercise the right of the
landowner), or authorized officers of a partnership or corporation
that is a "landowner" or other person having a proprietary interest
in land. A person who has clearly received formal notarized powers
of attorney relating to a landowner may act in the capacity of the
landowner, if legally authorized.
LOT
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.
LOT LINE ADJUSTMENT
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
(1)
No new lots will be created beyond what was previously approved;
(2)
No additional street segments or significant changes in alignment
are proposed other than what was previously approved;
(3)
No additional nonconformities will be created under the Township Zoning Ordinance [Chapter
27]; and
(4)
No new land development will occur other than a land development
that was previously approved or buildings to support "crop farming."
LOT, FLAG POLE
An irregularly shaped lot characterized by an elongated extension
(pole), from a street to the principal part of the lot. The pole shape
of the lot is intended to provide for access to an otherwise landlocked
interior parcel.
MAINTENANCE AGREEMENT
An agreement in a form and manner acceptable to the Board
of Supervisors requiring the developer of required improvements to
make any repairs or reconstructions and to maintain such improvements
for a certain period.
MAINTENANCE GUARANTEE
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that required improvements shall be maintained by the developer. (Note:
These guarantees typically include acceptable letters of credit, performance
bonds, escrow agreements and other similar collateral or surety agreements.)
MOBILE HOME SPACE
An area of land in a mobile home park improved with the utilities
and other improvements needed for the placement of a single mobile
home, with the land leased or rented by the park owner to the occupants
of the mobile home.
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended,
or its successor legislation, 53 P.S. § 10101 et seq.
ON-LOT SEWAGE SYSTEM
A sewage disposal system which collects, treats and disposes
of sewage or holds sewage from only one dwelling unit, principal use
or lot.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur every 100
years (such as that has a one-percent chance of occurring each year,
although the flood may occur in any year).
OPEN SPACE
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, parking areas; but may include areas occupied
by walkways, picnic pavilions, play equipment and other areas occupied
by noncommercial outdoor recreation facilities.
OPEN SPACE, COMMON
A parcel or parcels of land, or an area of water, or a combination
of land and water within a tract which is:
(1)
Designed, intended and suitable for active or passive recreation
by residents of a development or the general public.
(2)
Which does not include any of the following: existing or future
street rights-of-way, accessways, buildings (other than accessory
buildings and pools clearly intended for noncommercial recreation),
off-street parking (other than that clearly intended for noncommercial
recreation), any area needed to meet a requirement for an individual
lot, any area deeded over to an individual property owner for their
own use, land with rights-of-way intended eventually for overhead
electrical transmission of 35 kilovolts or greater capacity.
(3)
Which is covered by a system for perpetual maintenance.
(4)
Is deed restricted to permanently prevent the use of land for
uses other than "common open space."
OPEN SPACE, PUBLIC
Common open space owned by a government agency or the Township
for public recreation.
ORDINANCE, THIS
The Williams Township Subdivision and Land Development Ordinance,
as amended, and any provisions thereof [this chapter], enacted by
the Board of Supervisors.
PARCEL
A tract, lot or area of land.
PARKING
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles. Unless otherwise stated, shall mean
"off-street parking."
PATHWAY
A pedestrian accessway which is not adjacent to a street
or access drive and conforms with this chapter.
PENNDOT
The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEE
Financial security which is acceptable to the Board of Supervisors
to ensure that the developer will install required improvements. (Note:
This typically includes acceptable letters of credit, performance
bonds, escrow agreements and other similar collateral or surety agreements.)
PLAN
A map of a land development or subdivision and accompanying
notations.
(1)
FINAL PLANA complete and exact plan identified with the title "Final Plan," including the plan prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
(2)
PRELIMINARY PLANA complete plan identified with the title "Preliminary Plan," accurately showing proposed streets and lot layout and such other information as required by this chapter.
(3)
SKETCH PLANAn informal plan, identified with the title "Sketch Plan" on the map, indicating the general layout of the proposed subdivision or land development.
SIDEWALK
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
SOIL SURVEY
The latest version of the official Soil Survey of Northampton
County, published by the U.S. Soil Conservation Service, or its successor
reference.
STATE
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
STATE PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended,
53 P.S. § 10101 et seq.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property or that is an expressway, but
not including an alley or a driveway.
STREET CLASSIFICATION
See the Official Street Classification Map, which was adopted as part of the Township Zoning Ordinance [Chapter
27]. This map classifies streets as expressway, arterial, collector or local streets.
STREET, CUL-DE-SAC
A type of street which is terminated at one end by a permitted
turn-around and which intersects another street at the other end.
STREET, MARGINAL ACCESS
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
SUBDIVISION
As defined by the State Municipalities Planning Code, as
amended, 53 P.S. § 10101 et seq. As of 1991, this definition
was as follows:
(1)
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.
(2)
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 is not a subdivision.
SUBDIVISION, MAJOR
Any subdivision of land which does not qualify as a "minor
subdivision."
SUBDIVISION, MINOR
A proposal involving land, other than a land development,
which is either:
(2)
A subdivision:
(a)
That results in up to five new residential lots, or EDUs.
(b)
Which does not involve an extension or new segment of a street
(other than what was previously approved).
(c)
Which has not involved the subdivision approval of at least
three lots on the tract within the five previous years.
SUBSTANTIALLY COMPLETED
In the judgment of the Township Engineer at least 90% (based
upon the cost of the required improvements for which financial security
was posted) 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.
TOWNSHIP
Williams Township, Northampton County, Pennsylvania. Unless
otherwise stated, this shall mean the Board of Supervisors and their
authorized agents.
TRACT
One or more abutting or adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
TRACT AREA, GROSS
The space contained within the exterior lot lines of a tract
proposed for a subdivision or land development, not including space
within the existing and future or ultimate right-of-way of existing
streets, but including right-of-way of any streets proposed to be
constructed within the tract.
USGS
United States Geological Survey, or its successor agency.
WALKWAY
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
WATER, PUBLIC SYSTEM OR SERVICE
Central water service that is owned and/or operated by a
Township Authority or a PA PUC regulated water company and that serves
more than 50 dwelling units or principal uses.
WATERCOURSE
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, conduit, gully, ravine or wash in
which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel and bed and shall
include any area adjacent thereto subject to inundation by reason
of overflow of floodwaters.