Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings given herein:
AGENTAny person, other than the developer, who, acting for the developer, submits land development plans to the Planning Commission for the purpose of obtaining approval thereof.
ALLEYA minor permanent service way providing secondary vehicular access to abutting lands.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plot or plan or for the approval of a development plan.
BLOCKA tract of land bounded on one side by a street and on the other sides (normally three) by streets, railroad rights-of-way, waterways, unsubdivided areas and other definite barriers.
BUILDING SETBACK LINEThe minimum required distance from the front lot line to any building or structure to be erected on the lot.
CARTWAYThe portion of a street right-of-way which is paved, improved, designated or intended for vehicular traffic.
CLEAR-SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a given distance from the intersection of the center lines.
COMPREHENSIVE PLANThe official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act 170 of 1988, as amended, consisting of maps, charts and textual material, that constitutes a policy guide to decisions about the physical and social development of the City of Hazleton, as amended from time to time.
CORNER LOTA lot with two adjacent sides abutting on streets, which lot has an interior angle of less than 135º at the intersection of the two street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135º.
COUNTYLuzerne County, Pennsylvania.
CROSSWALKA right-of-way, municipally or privately owned, at least 12 feet wide, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.
CUL-DE-SACA minor street having one end open to vehicular traffic and being permanently terminated by a vehicular turnaround.
CURBThe raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
CURBLINEThe outside edge of the cartway.
DEVELOPER or SUBDIVIDERAny 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.
DEVELOPMENT COSTS FACTORThis figure is a percentage of the total average lot price that development actually costs on a per-lot basis. The figure would include the costs for streets, sidewalks, curbing, utilities, etc. This value, expressed as a percentage in the fee in lieu of land dedication formula, would be established by the City Engineer.
DRAINAGE FACILITYAny ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public rights-of-way, parks, recreational areas or any part of any land development or contiguous land areas.
DRAINAGE RIGHTS-OF-WAYA. Land necessary and required for:
(1) The installation of stormwater sewers or drainage ditches.
The preservation of the natural channel of a stream or watercourse.
The safeguarding against flooding from a stream or watercourse.
Drainage rights-of-way may form easements.
DRIVEWAYA minor vehicular right-of-way providing access between a street and a parking area, garage, or a structure within a lot or property. A driveway may also be used for short-term, temporary parking of vehicles.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Consists of one or more rooms being used by one or more persons living together and maintaining a common household, and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A right-of-way granted for limited use of private land for a public or quasi-public purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A professional engineer licensed as such in the Commonwealth of Pennsylvania designated by the Planning Commission by resolution to perform all administrative and/or supervisory duties required by the provisions of this chapter. The person so designated may be the City Engineer.
FLOODPLAIN or FLOODWAY AREAThat area along a natural watercourse which is periodically overflowed by water therefrom and defined by the United States Geologic Survey and alluvial soils as established by the Natural Resources Conservation Service or the one-hundred-year floodplain as defined by engineering data.
FRONTAGEThe horizontal or curvilinear distance along the street line upon which a lot abuts.
FUTURE RIGHT-OF-WAYA. The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads.
A right-of-way established to provide future access to or through undeveloped land.
GEOLOGICAL HAZARDThose features inherent in the crust of the earth so as to cause landslides, soil slump, ground subsidence, rock failure, mud avalanche and similar undesirable conditions.
GRADEThe slope expressed in a percent which indicates the rate of change of elevation in feet per 100 feet.
GUTTERThat portion of a right-of-way carrying surface drainage.
HILLSIDE AREASA hillside area, as referred to in these subdivision regulations, is one having an average cross-slope of more than 10%.
IMPROVEMENTSPavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings and other items required for the welfare of the property owners and the public.
LAND DEVELOPMENTThe improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
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;
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; or
LANDOWNERThe 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 MAPA map showing the site with relation to adjoining areas.
LOTA designated parcel, tract or area of land established by a plot or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe area contained within the property lines of an individual parcel of land, excluding any area within a street right-of-way, but including the area of any easement.
LOT WIDTHThe required distance between the side property lines measured along the front setback line.
MINOR SUBDIVISIONA subdivision or land development where the following conditions apply:
A. There are no new streets in the development;
The development does not require additional placement of any utilities, including but not limited to electric, gas, water, fire hydrants or other utilities; and
No other public improvements are necessary for the subdivision.
MOBILE HOMEA 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.
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
OWNERThe owner of record of a parcel of land.
PERFORMANCE BONDAn agreement by and between a contractor and a bonding company in favor of the City of Hazleton guaranteeing the completion of physical improvements.
PLANThe map or plan of a subdivision or land development, whether sketch, preliminary or final.
A. SKETCHAn informal land development plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed land development for discussion purposes only and not to be presented for approval.
PRELIMINARYA tentative land development plan, in lesser detail than a final plan, showing the salient existing features of a tract and its surroundings and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
FINALA complete and exact land development plan, prepared for official recording, to define property rights and proposed streets and other improvements.
PUBLIC GROUNDSA. Parks, playgrounds, trails, paths and other recreational areas and other public areas.
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
Publicly owned or operated scenic and historic sites.
RECREATIONAny activity, whether structured or not, in which individuals voluntarily engage during their leisure. Examples would include:
A. ACTIVESports (individual, dual, team, co-recreational and combative) and athletics, both land- and water-based.
PASSIVEArts and crafts, spectating, picnicking, nature study and board games.
EITHER, DEPENDING ON SPECIFICSDance, drama, music, games, skills, social recreation, special events, hiking/walking, cycling, hobbies, outdoor educational activities and cultural activities.
RECREATION, ACTIVEAny activity that requires some physical exertion on the part of the participant. See Subsections A and C of the definition of "recreation" for general examples.
RECREATION AREA ACCESSIBILITYAny area which can be easily approached, entered and used by the citizens of a particular residential development, provided that the area is within six miles of the development.
RECREATION AREA, ACTIVEAny area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples are athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas and apparatus areas.
RECREATION AREA, PASSIVEAny area developed in such a manner as to be conducive of those activities that fall within the range of passive recreation. Examples are scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing, gardens, streams and impoundments, social events, picnicking and spectating areas.
RECREATION AREA REQUIREDThe amount of land in any given subdivision that would be dedicated for recreation were the fee in lieu of land dedication provision not being utilized.
RECREATION, PASSIVEAny activity that requires little or no physical exertion on the part of the participant. See Subsections B and C of the definition of "recreation" for general examples.
RESUBDIVISIONAny land development which has been approved by the City which changes or proposes to change property lines and/or public rights-of-way not in strict accordance with the approved plan.
REVERSE-FRONTAGE LOTA lot extending between and having frontage on an arterial street and a minor street with vehicular access solely from the latter.
RIGHT-OF-WAYThe total width of any land reserved or dedicated as a street, alley, pedestrianway, or for other public or private use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The required horizontal distance between a setback line and a property or street line.
A. FRONTThe distance between the street line and the front setback line projected the full width of the lot, commonly called "front yard."
REARThe distance between the rear lot line and the rear setback line projected the full width of the lot, commonly called "rear yard."
SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard, commonly called "side yard."
SETBACK LINEA line within a property and parallel to a property or street line which delineates the required minimum distance between a structure and that property or street line.
SIDEWALKA paved walkway, continuous for a reasonable distance and an integral part of the roadway, with or without a grass strip between the curb or cartway edge and sidewalk, constructed solely for use by pedestrians.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified as follows:
A. MAJOR ARTERIALSLimited access highways that are important in the inter-regional transportation system, with a major portion of the vehicular movements being through traffic.
MINOR ARTERIALSHighways that are important in the regional transportation system and, while carrying mostly regional traffic, serve some local or township origins and destinations.
COLLECTORSRoadways serving primarily local traffic and providing the connection between the residential, commercial and industrial developments and the minor arterial system.
LOCAL ROADSRoadways serving local traffic and connecting to collectors or minor arterials.
STREET GRADEThe officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINEA line defining the edge of a street right-of-way and separating the street from abutting property or lots, commonly known as the "street right-of-way line."
SUBDIVISIONThe 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the Pennsylvania Municipalities Planning Code ) 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Land in parcels sufficiently large for future land development, which land is presently in agriculture, woodland or lying fallow.
UNIT SHOPPING CENTERS/MALLShopping and commercial developments designed as one unit having off-street parking facilities and controlled circulation.