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.
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 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.
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.
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.
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.
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.