§ 395-65. Definitions.

Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meaning indicated:

ACCESS DRIVE

A private drive providing vehicular access between a public or private street and a building parking area and/or loading area within a commercial or industrial land development.

ALLEY

See "service street."

APPLICANT

A landowner or applicant, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT (APPLICATION)

Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development.

BEST MANAGEMENT PRACTICE (BMP)

A device, practice, or method for removing, reducing, retarding, or preventing targeted stormwater runoff constituents, pollutants, and contaminants from reaching receiving waters.

BLOCK

A tract of land or a lot or group of lots, bounded on all sides by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough or by any combination thereof.

BOROUGH

The Borough of Walnutport, Northampton County, Pennsylvania. It shall also mean the representative designated by the Borough Council to receive and process applications for development.

BOROUGH COUNCIL

The Borough Council of the Borough of Walnutport, Northampton County, Pennsylvania.

BOROUGH ENGINEER

A duly registered professional engineer employed by Borough Council or engaged as a consultant thereto, or his duly authorized representative.

BOROUGH PLANNING COMMISSION (COMMISSION)

The Planning Commission of the Borough of Walnutport, Northampton County, Pennsylvania.

BOROUGH SECRETARY

The Secretary employed by Borough Council or his duly authorized representative.

BOROUGH SOLICITOR

The solicitor appointed by Borough Council or his duly authorized representative.

BOROUGH ZONING OFFICER

The agent or official designated by Borough Council to administrate and enforce Chapter 450, Zoning, of the Code of the Borough of Walnutport or his duly authorized representative.

BUILDING

Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the housing, sheltering, enclosure, or structural support of persons, animals, or property of any kind.

BUILDING SETBACK LINE

The line within a property establishing the minimum required distance between any building or structure and a street right-of-way.

CARBONATE AREAS

Land within the Borough which contains soils formed in material from limestone.

CARTWAY

The portion of a street right-of-way, paved or unpaved, intended for vehicular use.

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 lines.

COMMISSION

The Planning Commission of the Borough of Walnutport, Northampton County, Pennsylvania.

COMMON PARKING AREA

A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling, one townhouse, one two-family detached dwelling, or one two-family semidetached dwelling is located.

CONDOMINIUM

Real estate, portions of which in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended, are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions.

COUNCIL

The Borough Council of the Borough of Walnutport, Northampton County, Pennsylvania.

COUNTY

The County of Northampton, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Lehigh Valley Planning Commission.

CROSSWALK

A right-of-way established for public use to facilitate pedestrian access through a subdivision block.

DEDICATION

The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

DEVELOPER

See "applicant."

DRIVEWAY

A private drive providing vehicular access between a public or private street and a single residential lot within a subdivision. High-density or multifamily residential shall adhere to the access drive requirements.

[Added 3-12-2009 by Ord. No. 2009-02]

DWELLING

A building arranged, intended, designed, or used as the living quarters for one or more families living independently of each other within the building. The term "dwelling" shall not be deemed to include hotel, motel or tourist home.

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 public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structure, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee or this chapter.

ENDORSEMENT

The application of the signatures of the President and Secretary of the Borough Council and the Borough Seal to the plan.

ENGINEER

A licensed professional engineer registered by the Commonwealth of Pennsylvania.

FIRE CHIEF

The person so elected by the Walnutport Fire Company or his duly authorized representative.

FLOODPLAIN

Any land area susceptible to being inundated by floodwaters from any source.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, also referred to as the "regulatory floodway."

GRADE

The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.

IMPROVEMENTS AGREEMENT

An agreement between the Borough of Walnutport and a applicant which provides for an improvements guarantee for the completion of improvements within the subdivision or land development, establishes responsibilities of the Borough and applicant regarding the completion and observation of improvements, and specifies such other items regarding improvements which are agreed to between the Borough and the applicant.

IMPROVEMENTS GUARANTEE (FINANCIAL SECURITY)

Any security which is accepted by the Borough to guarantee that certain improvements will be made within the subdivision or land development, including performance bonds, escrow agreements and any other collateral or surety agreements.

LAND DEVELOPMENT (DEVELOPMENT OF LAND)

A. 

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) 

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.

B. 

A subdivision of land.

C. 

The following are excluded from the definition of "land development":

(1) 

The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(2) 

The addition of an accessory building, including farm buildings on a lot or lots subordinate to an existing principal building.

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 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 excluding space within all street rights-of-way and permanent drainage easements.

LOT, FLAG

A flag lot is a parcel of land which does not contain the required minimum lot width at the minimum front yard (building setback line) as measured from the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot. A flag lot consists of the pole being the narrow strip of land with direct access to a public street; and the flag, being the part of the lot that widens to achieve the minimum lot width requirements for the district in which the lot is located. The following regulations shall apply:

A. 

Flag lots shall be permitted only in cases of single-family detached residential uses with the R-1 and R-2 Zoning Districts. Flag lots shall not be permitted for any multifamily residential, commercial, industrial, or other uses, or within any other zoning district.

[Amended 3-12-2009 by Ord. No. 2009-02]

B. 

Each flag lot must contain its own pole owned in fee as part of the lot and not by way of a grant of right-of-way, easement, license or similar grant, except as otherwise permitted in the R-1 and R-2 Districts.

[Amended 3-12-2009 by Ord. No. 2009-02]

C. 

When two poles are developed adjacent to each other, the owners of the two flag lots may share a common driveway within the area of the two poles, provided that there is a legal agreement addressing maintenance of the common driveway which shall meet with the approval of the Borough.

[Amended 3-12-2009 by Ord. No. 2009-02]

D. 

Each pole shall have a minimum width of 25 feet measured from the existing street line of a public street for the full length of the pole, shall not narrow to a lesser dimension.

E. 

The area of the pole shall not be included in the calculation of the minimum lot area.

F. 

The front yard setback for a flag lot shall be measured a distance equal to the front yard requirements for the district in which the lot is located from the point where the lot first obtains the minimum lot width requirement.

G. 

Flag lots shall not be permitted beyond the second tier as measured from the existing street line. The first tier shall consist of all those lots having the required minimum lot width at the minimum building setback line measured from the street line. The first-tier lots need not be on the same tract of land being subdivided.

MAINTENANCE GUARANTEE

A guarantee by the applicant of the structural integrity of improvements dedicated to the Borough.

MARKER

A metal pipe or pin of at least 3/4 inch in diameter and at least 24 inches in length.

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.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contain two or more mobile home lots for the placement thereon of mobile homes.

MONUMENT

A stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel (1/4 inch drill hole) and at least 24 inches in length. It is recommended that the bottom sides or radius be at least two inches greater than the top, to minimize movements caused by frost.

MULTIPLE DWELLING BUILDING

A building providing separate dwelling units for three or more families.

MUNICIPALITY

Borough of Walnutport, Northampton County, Pennsylvania.

PLAN, FINAL

A complete and exact subdivision or land development plan (including all required supplementary data), prepared for official recording to define property rights and proposed streets and other improvements.

PLAN, OFFICIAL

The Comprehensive Development Plan and/or Master Plan and/or Future Land Use Plan and/or Ultimate Right-of-Way Plan and/or Official Map and/or Topographical Survey and/or other such plans, or portions thereof, as may have been adopted pursuant to statute.

PLAN, PRELIMINARY

A tentative subdivision or land development plan (including all required supplementary data), in lesser detail than a final plan, showing, among other things, topographical data and approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.

PLAN, RECORD

The copy of the final plan which contains the original endorsements of the County Planning Commission and the Borough Council and which is intended to be recorded with the County Recorder of Deeds.

PLAN, SKETCH

An informal plan indicating salient existing features of a tract and the general layout of a proposed subdivision or land development.

PLANNING COMMISSION

The Planning Commission of the Borough of Walnutport, Northampton County, Pennsylvania.

PLAT

A map or plan of a subdivision or land development, whether preliminary or final.

PUBLIC GROUNDS

Parks, playgrounds, trails, paths and other recreational areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

RESERVE STRIP

A parcel of ground in separate ownership separating a street from other adjacent properties, or from another street, either proposed or existing.

RESUBDIVISION

Any replatting of land, including changes to recorded subdivision or land development plans. See also "subdivision."

REVERSE FRONTAGE LOT

A lot extending between and having frontage on two generally parallel streets, excluding service streets, with vehicular access solely from one street.

RIGHT-OF-WAY

The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or semipublic purposes.

SANITARY SEWERAGE SYSTEM, 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 not confined to one neighborhood.

SIGHT DISTANCE

The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurement shall be made from a point 3.5 feet above the center line of the road surface to a point 0.5 foot above the center line of the road surface.

SOLID WASTE

Garbage, refuse, and other discarded materials.

STREET

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, alley, lane, and road or similar terms.

A. 

ARTERIAL STREET

A street serving a large volume of comparatively high speed and long-distance traffic. See § 395-19.

B. 

COLLECTOR STREET

A street which intercepts minor streets to provide a route to give access to community facilities and/or other collector and arterial streets. Generally, streets in industrial and commercial subdivisions shall be considered collector streets. See § 395-19.

C. 

CUL-DE-SAC STREET

(1) 

A minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end, or a minor street which intersects another street at one end, forms a loop and intersects itself.

(2) 

The length of a cul-de-sac street shall be measured from the intersection of street right-of-way lines nearest the turnaround to the farthest portion of the turnaround, along the center line of the cul-de-sac street.

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 minor street parallel and adjacent to an arterial street, but separated from it by a reserve strip, which provides access to abutting properties and control of intersections with the arterial street.

F. 

MINOR STREET

A street used primarily to provide access to abutting properties or buildings.

G. 

SERVICE STREET (ALLEY)

A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVIDER

See "applicant."

SUBDIVISION

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; provided, however, that the subdivision by lease of land for agriculture purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted. The term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term "subdivision" includes "resubdivision." The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom. The combining of two or more recorded lots into one lot via the creation of a new deed shall not constitute subdivision, provided no existing lot is divided by any means.

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

UTILITY LINE(S)

All electric, telephone, television cables, whether overhead or underground, and gas, oil and other distribution and transmission pipes. The term shall also apply to electric supply lines to street and/or tract lighting.

WATER DISTRIBUTION SYSTEM, PUBLIC

A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Amended 3-12-2009 by Ord. No. 2009-03