For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A landowner or developer who has filed an application for a subdivision or land development, including his or 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 borough or by any combination of the above.
BLOCK FRONTAGE. That distance of a block that abuts a single street.
BOROUGH. Tatamy Borough, Northampton County, Pennsylvania. Unless otherwise stated, this shall mean the Borough Council and its authorized agents.
BOROUGH COUNCIL. The Borough Council of Tatamy Borough.
BOUNDARY LINE ADJUSTMENT. Has the same meaning as LOT LINE ADJUSTMENT.
CARTWAY. The paved portion of a street or highway designed for vehicular traffic and paved areas intended for on-street parking.
COMMISSION. The Planning Commission of Tatamy Borough.
DAYS. Calendar days.
DEP. The Pennsylvania Department of Environmental Protection.
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.
DWELLING TYPES. See definitions in the borough zoning ordinance (as adopted by reference in Chapter 155 of this code of ordinances).
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, BOROUGH. The registered professional engineer designated by the Borough Council to perform all duties required of the Engineer by the provisions of this chapter.
ENGINEER, PROFESSIONAL. A person licensed to practice as a professional engineer in the commonwealth.
FLAG LOT. A lot granted preliminary approval after the adoption of this chapter that:
(1) Does not meet the minimum lot width of the zoning ordinance (as adopted by reference in Chapter 155 of this code of ordinances) at the minimum building setback line;
(2) Has its own lot frontage upon a public street; and
(3) Is approved by Borough Council as a modification to the requirements of this chapter.
FLOODPLAIN. See the borough floodplain ordinance, as codified in Chapter 152 of this code of ordinances.
GRADE. The elevation of ground or paving.
IMPROVEMENT AGREEMENT. An agreement (in a form and manner acceptable to borough) requiring a developer to install the improvements required by this chapter and any improvements or amenities which appear on the plan in accordance with the requirements of this chapter.
LAND DEVELOPMENT.
(1) As defined by the Municipalities Planning Code, 53 P.S. §§ 10101 et seq., as amended. 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; and/or
(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, LAND DEVELOPMENT shall specifically not include the following:
(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; and
(b) The conversion of an existing single-family detached dwelling or an existing single-family semi-detached dwelling (twin) into only two dwelling units.
LANDOWNER. The owner of a legal or equitable interest in land, including the holder of a formal option or contract to purchase (whether or not such option or contract is subject to any condition), a leasee (if he or she is authorized under the lease to exercise the right of the landowner) or other person having a proprietary interest in land.
LOT. An area of land within defined lot lines that is a distinct and legally recorded separate parcel of land according to the official records of the County Recorder of Deeds, but not including a “perpart” or a “tract” of one deed.
LOT LINE ADJUSTMENT. The revision of a lot line in such a way that no new lot is created, no street is created, extended or changed in alignment, that no additional nonconformities will be created under the borough zoning ordinance (as adopted by reference in Chapter 155 of this code of ordinances) and that no new land development will occur other than a land development that was previously approved.
LOT REVERSE FRONTAGE. A lot that abuts a public street on one side of the lot, but has vehicular access only from a public street on the opposite side of the lot.
MAINTENANCE AGREEMENT. An agreement in a form and manner acceptable to the Borough Council 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 borough 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 necessary utility connection and other appurtenances necessary for the placement thereon of a single mobile home, with the land leased or rented by the park owner to the occupants of the mobile home placed on the lot.
MUNICIPALITIES PLANNING CODE. The Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq., Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended, or its successor legislation.
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. An area of land and/or water within a subdivision or land development tract that is open space designed and intended for the common recreational use of residents of a development or the general public, that is permanently preserved as common open space and that does not include any part of the setback areas required for individual dwellings or buildings or uses under the zoning ordinance (as adopted by reference in Chapter 155 of this code of ordinances) and that does not include areas that are used for stormwater detention that do not have a clear recreation function.
OPEN SPACE, PUBLIC. Common open space owned by a government agency or the borough for public recreation.
ORDINANCE, THIS. The Tatamy Borough subdivision and land development ordinance (as codified in this Chapter 154) and any provisions or amendments thereof, enacted by the Borough Council.
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 Borough Council to secure the promise made by a developer in the development agreement that certain improvements shall be made by the developer. (Note: this typically includes acceptable letters of credit, performance bonds, escrow agreements and other similar collateral or surety agreements.)
PLAN or PLAT. A map of a land development or subdivision of land.
(1) FINAL PLAN. A complete and exact plan, identified as such 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 PLAN. A complete plan, identified as such with the title PRELIMINARY PLAN, accurately showing proposed streets and lot layout and such other information as required by this chapter.
(3) SKETCH PLAN. An informal plan, identified as such with the title SKETCH PLAN on the map, indicating the general layout of the proposed subdivision or land development.
PLANNING COMMISSION. See COMMISSION.
SEWAGE DISPOSAL SYSTEM. A system designed to collect, treat and dispose of sewage from users in compliance with regulations of Pennsylvania DEP and the borough.
(1) 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 municipality-owned sewage system.
(2) ON-LOT SEWAGE SERVICE. Service by a sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one dwelling unit, principal use or lot.
SIDEWALK. A pedestrian accessway which is adjacent to a street or access drive and conforms to the regulations of this chapter.
SOIL CONSERVATION DISTRICT. The Northampton County Conservation District.
SOIL SURVEY. The latest version of the official Soil Survey of Northampton County, published by the U.S. Soil Conservation Service.
STATE. The government of the commonwealth and its relevant subparts.
STREET. As, 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 borough zoning ordinance (as adopted by reference in Chapter 155 of this code of ordinances). 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.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION. As defined by the Municipalities Planning Code, 53 P.S. §§ 10101 et seq., as amended. 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; and
(2) The subdivision by lease of land for agricultural purposes into parcels of more than ten 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. Land, not involving a land development, which is either:
(1) A lot line adjustment; or
(2) A subdivision:
(a) Results in only one or two new residential lots, or one or two clearly agricultural lots of more than ten acres each, in addition to the one pre-existing “parent” lot;
(b) Which does not involve an extension or new segment of a street, other than what was previously approved; and
(c) Which has not involved the subdivision approval of at least three lots on the tract within the five previous years.
SUBDIVISION ORDINANCE. The borough subdivision and land development ordinance, as amended, and as codified in this Chapter 154.
SUBSTANTIALLY COMPLETED. In the judgment of the Borough 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.
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, CENTRAL SYSTEM OR SERVICE. Service by a water system which transmit water from a common source to more than one dwelling, principal use or lot.
WATERCOURSE. Any natural or artificial waterway, stream, river, creek, ditch, channel, canal, conduit, gully or ravine 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.
WATER, ON-LOT SYSTEM OR SERVICE. Service by a water system which transmits water from a source on the lot to only one dwelling, principal use or lot.
WATER, PUBLIC SYSTEM OR SERVICE. Central water service that is owned and/or operated by a municipal authority or a Pennsylvania PUC regulated water company and that serves more than 50 dwelling units or principal uses.
(Ord. passed 2-3-1992)