For the purposes of this chapter, certain terms, phrases and
words shall have the meanings given in this article. Words used in
the singular include the plural and those in the plural include the
singular. Words used in the present tense include the future. The
word "may" is permissive. The word "shall" is mandatory and not merely
directory.
As used in this chapter, the following terms shall have the
meanings indicated:
ALLEY
A street which is used primarily for vehicular service access
to the rear or side of lots, which is 20 feet or less in right-of-way
width.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
BLOCK
A land area bounded by streets, public parks, railroad rights-of-way,
and/or corporate boundaries lines of the City.
COMMON OPEN SPACE
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.
COMPREHENSIVE PLAN
The composite of the mapped and written recommendations concerning
the development of the City adopted by the Planning Commission.
COUNCIL
The Council of the City of Easton, Northampton County, Pennsylvania.
COURT
The Court of Common Pleas, Northampton County, Pennsylvania,
or other court of competent jurisdiction.
CUL-DE-SAC
A street intersecting another street at one end and terminated
at the other by a vehicular turnaround.
DEVELOPER
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.
EASEMENT
A vested or acquired right, either in the public generally
or in private entities of persons, to the use of a piece or parcel
of land for a special purpose, including the location of utilities,
storm drains or access, which right may include the use of the surface,
subsurface and/or the air space over such land.
GOVERNING BODY
The Council of the City of Easton, Northampton County, Pennsylvania.
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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
(2)
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.
C.
Provisions for the exclusion of certain land development from
the definition of land development only when such land development
involves:
(1)
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three dwelling
units, unless such units are intended to be condominiums;
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For 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 proper authorities.
LANDOWNER
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.
LOCATION MAP
A map showing the site or place of the subdivision and/or
land development plan in relationship to the surrounding area in order
to easily identify the location of the plan.
LOT
A designated parcel, tract or area of land established by
plat, subdivision or otherwise and permitted by law to be sold, developed
or built upon as a unit. For the purpose of this chapter, a lot is
further identified as:
A.
The total of all lands described in a legal deed of record;
or
B.
The total of two or more contiguous parcels described in separate
legal deeds of record owned by the same person.
LOT LINE
A property boundary line of any lot held in single and separate
ownership. In the case of any lot abutting a street, the lot line
for such portion of a lot as abuts such street shall be deemed to
be the same as the street line.
MINOR SUBDIVISION
Any subdivision involving no more than three existing or
proposed lots and/or dwelling units abutting on an existing improved
street which is of sufficient right-of-way width and paved roadway
as shall be determined by the Official Map and which shall not involve
any street proposed to be laid out through unimproved land.
MITIGATION
The act of precluding a potentially adverse impact or making
a potentially adverse impact less severe through measures that will
improve a condition and/or lessen the impact.
NAVD 88
The North American Vertical Datum of 1988 (NAVD 88) is the
vertical control datum established in 1991 by the minimum-constraint
adjustment of the Canadian-Mexican-United States leveling observations.
OFFICIAL MAP
The Map adopted by official action of Council, which shall
be deemed official and conclusive as regards the location and width
of streets and the location and extent of public parks and playgrounds.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
which has been subdivided or developed or is sought to be subdivided
or developed to commence and maintain proceedings to subdivide the
same under this chapter.
PLAN (RECORD PLAN)
A complete and exact subdivision plan, prepared for official
recording as required by statute, to define property rights and proposed
public improvements to be used as the basis of final approval by the
Planning Commission and Council.
PLANTING STRIP
The grass, lawn or open space between the outer line of the
street or building and the adjoining line of the sidewalk space.
PLAT
The map or plan of a subdivision or land development whether
preliminary or final.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas.
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities.
C.
Publicly owned or operated scenic and historic sites.
PUBLIC OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, designed and intended for the use and enjoyment
of the general public, typically in the form of a park, plaza, playground,
playfield, promenade, trail or other similar area.
RECORDER
The Recorder of Deeds, Northampton County, Pennsylvania.
RIGHT-OF-WAY
The land opened, intended, reserved or dedicated for a street,
sidewalk, drainage or other public purpose.
ROADWAY
A portion of a street or alley intended for vehicular use.
SIDEWALK SPACE
The space or area between the planting strip and the adjoining
lot line of an abutting lot.
SIGHT DISTANCE
The maximum extent of unobstructed vision in a horizontal
or vertical plane, along a street from a vehicle located at any given
point on the street.
STREET
Includes the rights-of-way and cartways of a street, avenue,
boulevard, road, roadway, highway, parkway, lane, alley, and any other
ways used or intended to be used by vehicular traffic or pedestrians,
whether public or private.
STREET, ARTERIAL
A street which is used primarily for large volumes of traffic
and includes facilities classified as primary and secondary highways
by the State Department of Transportation.
STREET, COLLECTOR
A street which carries traffic from minor streets to arterial
streets, including the principal entrance streets of a residential
neighborhood development and streets for circulation within such a
neighborhood development.
STREET, HALF
A minor street, generally parallel and adjacent to a lot
line, having a lesser right-of-way width than normally required for
satisfactory improvement and use of the street.
STREET, MINOR
A street used primarily to provide access to abutting properties.
SUBDIVIDER
The registered owner or the authorized agent of the registered
owner of a subdivision and/or land development.
SUBDIVISION
The division or redivision of a single lot, tract or parcel
of land or a part thereof into two or more lots, tracts, parcels,
or other division of land, including changes in existing lot lines
for the purpose, whether immediate or future, of lease, transfer of
ownership or building development; provided, however, that the subdivision
by lease of land for agricultural purposes in parcels of more than
10 acres, not involving any new street or easement of access, shall
be exempt from the provisions of this chapter.
WRITTEN NOTICE
Shall be considered to have been served if delivered in person
to the owner or if delivered at or sent by certified mail to the last
address known to the party giving the notice.