[Amended 9-17-1990 by Ord. No. 566]
As used in this chapter, words in the singular include the plural
and those in the plural include the singular. The word "person" includes
a profit or nonprofit corporation, company, partnership or individual.
The word "structure" includes the word "building" and shall be construed
as if followed by the phrase "or part thereof." The word "may" is
permissive, and the word "shall" is mandatory.
Every 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 plat or plan, or for the
approval of a development plan.
[Added 9-17-2012 by Ord. No. 775]
A tract of land or a lot or group of lots, bounded by streets,
public parks or parkways, railroad rights-of-way, watercourse or body
of water, unsubdivided land or a boundary line or lines of the Borough.
The Borough of Hellertown, Northampton County, Pennsylvania.
The Borough Council of Hellertown Borough, Northampton County,
Pennsylvania.
A line which designates the minimum distance that a building
must be erected from a road right-of-way. Such line shall be measured
at right angles from the front street right-of-way line which abuts
the property upon which said building is located and be parallel to
said right-of-way line.
That portion of the street designated for vehicular traffic.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
[Added 9-17-2012 by Ord. No. 775]
The Comprehensive Development Plan for Hellertown Borough,
Northampton County, Pennsylvania.
Residential real estate, portions of which are designated
for separate ownership and the remainder of which is designated for
common ownership solely by the owners of these portions, created under
either the Pennsylvania Unit Property Act of July 3, 1963, or the
Amended Pennsylvania Uniform Condominium Act, July 2, 1980.[1]
A right-of-way dedicated to public use to facilitate pedestrian
access through a subdivision block.
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.
[Added 9-17-2012 by Ord. No. 775]
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.[2]
A building arranged, intended or designated to be occupied
by one or more families.
One or more rooms with provision for cooking, living, sanitary
or sleeping facilities for the use of one family. (See "single-family
detached dwelling," "multiple dwelling," "single-family semidetached
dwelling," "multiple dwelling," "single-family attached dwelling,"
mobile home" and "condominium.")
One or more individuals living independently as a single
housekeeping unit and using cooking facilities and certain rooms in
common. A family shall not be deemed to include the occupants of a
college dormitory, residential club, motel, hotel or lodging house.
A right of land generally established in a real estate deed
to permit the use of land by the public, a corporation or particular
persons for specified uses.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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
tenants.
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.
A subdivision of land.
A sewer which discharges into another sewer and has only
building sewers tributary to it.
The Regional Planning Commission for Lehigh and Northampton
Counties.[5]
A parcel of land used or designed to be used by one use or
structure, or by a related group of uses or structures, and the accessory
uses or structures customarily incident thereto, including such open
spaces as are arranged or designed and required in connection with
a structure or group of structures. A lot may or may not be the land
shown as a single lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
A lot at the junction of and fronting on two or more intersecting
streets.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
Any lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line or
a front lot line shall be deemed a side lot line.
The street line at the front of a lot. On a corner lot, the
owner may specify the front lot line on the plot plan.
The lot line or lines opposite to the front lot line.
A lot extending from one street to another.
The distance between the side lot lines, measured at the
building line.
Any security which may be accepted by the Borough Council
to ensure that improvements will be kept in good condition for a period
of one year after completion of construction and installation, including
corporate bonds, escrow agreements and other similar collateral or
surety agreements.
A transportable single-family dwelling intended for a permanent
occupancy, office or place of assembly, contained in one unit or in
two 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.
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.[6]
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.[7]
A single building or group of attached dwelling units intended
and designed to be occupied by three or more families living independently
of each other as separate housekeeping units. The individual dwelling
units share a common access and common yard area.
Any security which may be accepted by the Borough in lieu
of a requirement that certain improvements be made by the subdivider
before the plat is approved, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
Any structure of masonry or steel permanently placed on or
in the ground, including those expressly placed for surveying reference.
The Planning Commission of Hellertown Borough, Northampton
County, Pennsylvania.
The preliminary map or maps of a proposed subdivision drawn
and submitted in accordance with the requirements of this chapter.
The sketch map or maps of a proposed subdivision drawn and
submitted in accordance with the requirements of this chapter.
A map of certain described land showing land boundaries together
with all data essential to the description and identification of the
units shown thereon and prepared as an instrument for recording of
real estate interests with the County Recorder of Deeds.
A complete and exact subdivision plat prepared for official
recording and drawn and submitted in accordance with the requirements
of this chapter.
The copy of the final plat which contains the original endorsements
of the Borough Planning Commission, Borough Council and the Borough
Planning Commission, and which is intended to be recorded with the
County Recorder of Deeds.
A formal meeting held pursuant to public notice by the Borough
Council or Borough Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code.[10]
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.[12]
Lots which front on one public street and back on another
with vehicular access solely from one street.
Any structure designed to treat sewage within the boundaries
of an individual lot.
The utility system designed to collect, centrally treat and
dispose of sewage operated by the Hellertown Borough Authority.
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 center line of the road surface to a point 0.5
above the center line of the road surface.
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family with direct outside access, which is
part of a group of three or more dwellings with one or two vertical
walls in common with adjacent dwelling units. These dwelling units
are commonly referred to as "townhouses."[13]
A dwelling unit on a permanent foundation or a mobile home
stand constructed in conformance with the Hellertown Borough Zoning
Ordinance of 2002, designed and occupied as a residence for one family,
and which has no part or wall in common with an adjacent building.
A dwelling unit on a permanent foundation designed and occupied
as a residence for one family, which has one vertical wall in common
with the adjacent dwelling. The dwellings are commonly referred to
as "twins" or "duplexes."
All facilities and features, such as pipes, culverts, open
channels, ditches, swales, stormwater detention facilities, etc.,
used to transmit or temporarily store surface water runoff.
Basins, ponds, ponding areas, depressions or other structures
or features used to temporarily store rainfall and release it at a
controlled rate.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way for the movement of vehicular traffic which is
an existing state, county, Borough roadway or street or way shown
upon a plat heretofore approved, pursuant to law, or approved by official
action, and includes the land between street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the right-of-way. For the purpose
of this chapter, streets shall be classified as defined in Subsections
A through I.[14]
ALLEYA minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
ARTERIAL STREET OR HIGHWAYA major regional highway designed to carry heavy vehicular traffic into, out of, or through the regional area.
COLLECTOR STREETA street or road designed to carry vehicular traffic from one or more local streets to or from arterial streets or expressways.
CUL-DE-SACA short dead-end street terminating in a vehicular turnaround area.
EXPRESSWAYA major highway designed to carry a large volume of through traffic at high speed, with points of access limited or controlled.
HALF STREETA street parallel and contiguous to a property line and of lesser right-of-way width than is required for minor or major streets.
LOCAL STREETA street or road designed primarily to provide access to or from adjacent properties.
SERVICE ROADA street or road paralleling and abutting major streets to provide access to adjacent property so that each adjacent lot will not have direct access to the major street.
STUB STREETA street or road within a subdivision, terminating at the subdivision boundary, with no permanent vehicular turnaround. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adequate connecting street system.
That portion of land dedicated to public use for street and
utility purposes, including cartway, curbs, sidewalks and pedestrianways.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.[15]
The person owning an interest in the land being subdivided
who is the responsible party directing the subdivision action.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts or 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. Providing, however, that 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 9-17-1990 by Ord. No. 566]
A system for supplying water to a single-family dwelling
or other building from a source located on the same lot.
The public utility system designed to transmit water from
a common source to users operated by the Hellertown Borough Authority.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.[16]
[1]
Editor's Note: The Unit Property Act, former 68 P.S. §
700.101, was repealed 7-2-1980 (P.L. 286, No. 82); see 68 Pa.C.S.A. §
3101 et seq., for the Uniform Condominium Act.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[8]
Editor's Note: Former 53 P.S. § 301 et seq. [5-2-1945
(P.L. 382)] was repealed 6-19-2001 (P.L. 287, No. 22); see now 53
Pa.C.S.A. § 5601 et seq.
