[Ord. 577, 10/2/1989]
1. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meaning indicated:
A. 
Words in the singular include the plural and those in the plural include the singular.
B. 
Words in the present tense include the future tense.
C. 
The words “person,” “developer,” “sub divider, ”and “owner” include a corporation, unincorporated association, a partnership, or other legal entity, as well as an individual.
D. 
The word “building” includes structure and shall be construed as if followed by the phrase “or part thereof.”
E. 
The words “should “and “may” are permissive; the words “shall” and “will” are mandatory and directive.
2. 
The following terms shall refer to officials or commissions or related agencies of the Borough of Nazareth:
A. 
Borough.
B. 
Council or Borough Council.
C. 
Planning Commission.
D. 
Borough Engineer.
E. 
Borough Solicitor.
F. 
Borough Sewerage Enforcement Officer.
3. 
Municipal Authority shall refer to the Nazareth Borough Municipal Authority.
[Ord. 577, 10/2/1989; as amended by Ord. 595, 10/7/1991; and by Ord. 732, 3/5/2007]
1. 
Other terms or words used herein shall be interpreted or defined as follows:
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
BLOCK
Property bounded on one side by a street, and other three sides, by a street, railroad right-of-way, waterway, un-subdivided area, or other definite barrier.
BUILDING, ACCESSORY
A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
BUILDING, PRINCIPAL
A structure enclosed within exterior walls or fire walls; built, erected, and framed of component structural parts; designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind; main structure on a given lot.
BUILDING SETBACK LINE
The line within a property defining the minimum required front yard distance between any building to be erected, and an adjacent right-of-way.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center line.
COMMON OPEN SPACE
A parcel or parcels of land, an area of water, or a combination of land and water within a development site designed and intended for the use of residents of the development, not including streets, off-street parking area, private yard space, and areas set aside for non-residential and public facilities. Common open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by the residents.
COMPREHENSIVE PLAN
The maps, charts, and textual material adopted by the Borough in accordance with the Pennsylvania Municipalities Planning Code and designated, as a whole and in its several parts, as a comprehensive plan for the continuing development of the Borough of Nazareth.
COUNTY CONSERVATION DISTRICT
The Northampton County Conservation District.
CUT
An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
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.
DOUBLE or REVERSE FRONTAGE LOT
A lot extending between and having frontage on two generally parallel streets with vehicular access from only one street.
DWELLING UNIT
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
EASEMENT
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 owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
ENGINEER
A professional engineer licensed as such in the Common-wealth of Pennsylvania.
EROSION
The removal of surface materials by the action of natural elements.
EROSION AND SEDIMENTATION CONTROL PLAN
A plan designed to prevent on-site accelerated erosion and off-site sedimentation through the use of vegetative or mechanical controls. Control measures must be designed to fit the topography, soils, rainfall, and land use of the area they are to protect. The plan includes as a minimum:
A. 
A map or maps describing the topography of the area, the proposed alteration to the area and the specific erosion and sedimentation control measures and facilities; and
B. 
A narrative report describing the project and giving the purpose and the engineering assumptions and calculations for control measures and facilities.
FLAG LOT
A lot with direct frontage on a public road which does not meet the required lot width at the minimum required front yard setback line, which consists of an access lane with a minimum width of 25 feet and a rectangular area, the dimensions of which exceed the minimum lot width requirements as established in the Borough Zoning Ordinance [Chapter 27].
FLOOD, 100-YEAR
The flood having a 1% chance of being equaled or exceeded in any given year.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
The area of normally dry land along a natural watercourse, which is periodically inundated by water therefrom.
FLOODWAY, REGULATORY
The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood. The regulatory floodway is designated on the flood boundary and floodway map of the Borough’s flood insurance study prepared by the Federal Insurance Administration.
IMPROVEMENTS
Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.
JOINT PLANNING COMMISSION (JPC)
The Joint Planning Commission of Lehigh and Northampton Counties, Pennsylvania.
JOINT PLANNING COMMISSION SPECIFICATIONS
The specifications as appear in the booklet entitled “Subdivision Regulations for Lehigh and Northampton Counties,” dated February 1981, prepared by the G. Edwin Pidcock Company, which specifications are hereby, declared to be Appendix C to this Chapter.
LAND DEVELOPMENT
Any of the following activities:
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 non-residential buildings, whether proposed initially or cumulatively, or a single non-residential 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.
B. 
A subdivision of land.
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.
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 AREA
The area contained within the property lines of a lot (as shown on the plan), excluding space within all streets and within all permanent drainage easements, but including the areas of all other easements.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.
MAINTENANCE GUARANTEE
Security in a form in accord with the provisions set forth in the Municipalities Planning Code, as amended, which insures the structural integrity of the improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a period not to exceed 18 months after acceptance of said improvements by the Borough Council, public utility, or Municipal Authority.
MOBILE HOME
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.
MONUMENT
Reinforced concrete with minimum dimensions of four inches by four inches by 30 inches. Concrete monuments shall have a 1/2 inch diameter rod through the center and flush with the top. Monuments may be iron pipes and shall be 3/4 inch black steel rod 30 inches long.
MUNICIPAL AUTHORITY
The Nazareth Borough Municipal Authority.
MUNICIPALITY
The Borough of Nazareth.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article IV of the Municipalities Planning Code, as amended.
OFFICIAL PLAN; SEWAGE FACILITIES
A comprehensive plan for the provision of adequate sewage systems adopted by a municipality or municipalities possessing authority or jurisdiction over the provision of such systems and submitted to and approved by the State Department of Environmental Resources as provided by the Pennsylvania Sewage Facilities Act, and Chapter 71, Rules and Regulations, promulgated thereunder.
PAVEMENT WIDTH (CARTWAY)
The portion of a street right-of-way, generally paved, intended for vehicular use.
PERFORMANCE GUARANTEE
Security in a form in accord with the provisions set forth in the Municipalities Planning Code, as amended, to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plan.
PLAN, SKETCH
An initial submission, by the developer, of maps and other materials analyzing the natural features of the site as they relate to its development potential. The proposed concept for development of the tract is included in the submission.
PLAN, PRELIMINARY
A tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as required by this Chapter.
PLAN, FINAL
A complete and exact plan prepared for official recording as required by this Chapter to define property rights, streets and other proposed improvements.
PLAN, RECORD
The copy of the final plan which contains the original endorsements of the Joint Planning Commission and the Planning Commission and which is intended to be recorded with the County Recorder of Deeds.
PLANNING MODULE FOR LAND DEVELOPMENT
A document to be prepared by the developer or sub divider, accepted by the Borough, and submitted to the Pennsylvania Department of Environmental Resources to provide proposed development data in order to supplement or revise the Official Plan for sewage facilities.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
RE-SUBDIVISION
Any re-platting or re-subdivision of land, limited to changes in lot lines on approved final plans or recorded plans as specified in this Chapter. Other re-plattings shall be considered as constituting a new subdivision of land. See also “Subdivision.”
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, sidewalk, or for other public or quasi-public purposes.
RUNOFF
Water that is derived directly from precipitation and passes over the ground into watercourses.
SANITARY SEWAGE DISPOSAL, PUBLIC
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, generally serving a major portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or public utility company.
SANITARY SEWAGE DISPOSAL, CENTRALIZED
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant, commonly called a “package treatment plant,” generally serving a single land development subdivision, or neighborhood, and operated by a governmental agency, governmental authority, public utility company, or a developer.
SANITARY SEWAGE DISPOSAL, ON-LOT
Any structure designed to treat sanitary sewage within the boundaries of an individual lot.
SEDIMENTATION
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.”
SEWAGE ENFORCEMENT OFFICER
The municipal official who issues and reviews permit applications and conducts investigations and inspections as are necessary to implement Act 537 and the rules and regulations thereunder.
SIGHT DISTANCE
The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 3.75 feet above the centerline of the road surface to a point 1/2 foot above the centerline of the road surface.
SLOPE
The face of an embankment or 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.
STREET
Includes 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.
A. 
COLLECTOR STREET
A street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to community facilities and/or other collector and arterial streets (streets in industrial and commercial subdivisions shall generally be considered collector streets).
B. 
LOCAL STREET
A street used primarily to provide access to abutting properties.
C. 
CUL-DE-SAC STREET
A local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
D. 
HALF (PARTIAL) STREET
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.
E. 
MARGINAL ACCESS STREET
A local street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
F. 
SERVICE STREET (ALLEY)
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STORMWATER DETENTION FACILITIES
Basins, ponds, ponding areas, depressions or other structures or features used to temporarily store rainfall and release it at a controlled rate.
STORM DRAINAGE SYSTEMS
All facilities and features such as pipes, culverts, open channels, ditches, swales, storm water detention facilities, etc., used to transmit or temporarily store surface water runoff.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or re-division 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.
MINOR SUBDIVISION
A residential subdivision which does not and will not in the future involve more than a total of two lots, including the residue parcel, and does not involve the provision of any new street or easement for access. Such subdivision applications shall be processed in accordance with the provisions of § 22-209.
SURVEYOR
A licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALE
A low-lying stretch of natural or man-made land, which gathers or carries surface water runoff.
TESTING ON-LOT SANITARY SEWER SYSTEMS
Soil tests and percolation tests conducted by the Borough Sewage Enforcement Officer in compliance with Chapter 73 of Pennsylvania Department of Environmental Resources regulations in order to determine whether a permit may be issued for installation of on-lot sewage disposal system.
TOPSOIL
Surface soils and subsurface soils, which presumably are fertile, soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the A Horizon.
WATERCOURSES
A natural or man-made permanent stream, river, brook, creek, channel, swale, or ditch for water.
WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLIC
A system for supplying and distributing water from a common source to dwellings and other buildings, generally serving a major portion of a municipality or municipalities, and operated by a governmental agency, governmental authority, or a public utility company.
WATER SUPPLY AND DISTRIBUTION SYSTEM, CENTRALIZED
A system for supplying and distributing water from a common source to two or more dwellings and/or other buildings, generally serving a single land development, subdivision or neighborhood, and operated by a governmental agency, governmental authority, public utility company or a developer.
WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT
A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.