Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, 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," "subdivider" 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.
Other terms or words used herein shall be interpreted or defined
as follows:
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Bath Borough Authority.
Property bounded on one side by a street, and other three
sides, by a street, railroad right-of-way, waterway, unsubdivided
area, or other definite barrier.
The Borough of Bath, Northampton County, Pennsylvania.
The Borough Council of Bath Borough, Northampton County,
Pennsylvania.
The Planning Commission of the Borough of Bath, Northampton
County, Pennsylvania, hereinafter referred to as "BPC."
A detached subordinate building, the use of which is customarily
incidental to that of the principal building, and which is located
on the same lot as that occupied by the principal building.
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.
The line within a property defining the minimum required
front yard distance between any building to be erected, and an adjacent
right-of-way.
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.
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
nonresidential 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.
The maps, charts and textual material adopted by the Bath
Borough Council in accordance with the Pennsylvania Municipalities
Planning Code[1] designated, as a whole and in its several parts, as a
Comprehensive Plan for the continuing development of the Borough of
Bath.
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.
The Chairman of the Borough Planning Commission.
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road. The access should be for the use of the property owner
only. Under no circumstances will the driveway serve as an access
road.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
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.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Flood-prone areas which are not designated as a regulatory
floodway on the flood boundary and floodway map in the municipality's
flood insurance study prepared by the Federal Insurance Administration.
The area of normally dry land along a natural watercourse
which is periodically inundated by water therefrom.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The channel of a watercourse and adjacent land areas that
must be reserved in order to discharge the one-hundred-year flood.
The regulatory floodway is designated on the flood boundary and floodway
map of the municipality's flood insurance study prepared by the Federal
Insurance Administration.
That part of a lot abutting a street right-of-way.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
The Lehigh Valley Planning Commission serving Lehigh and
Northampton Counties, Pennsylvania.
Any of the following activities:
The improvement of one or more contiguous lots, tracts or parcels
of land for any purposes 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
tenure; or
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.
Development with Section 503(1.1) of the Municipalities Planning
Code.[2]
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 having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purpose of this chapter.
A parcel of land used or designed to be used by one owner
or use or structure or by a related group of uses or structures, and
accessory uses or structures, including such open spaces as may be
required with such use, structure or structures. This definition shall
include a designated parcel, tract or area of land established by
a lawful plat, or otherwise permitted by law, and to be used, developed
or built upon as a unit. A single parcel divided by a street, easement
or other right-of-way shall be deemed to be two separate lots.
The area contained within the property line of a lot (as
shown on the plan), excluding space within all streets and within
all permanent drainage easements, but including the area of all other
easements.
Any security which may be accepted by the Borough Council
to insure that improvements will be kept in good condition for a period
of 18 months after completion of construction and installation, including
corporate bonds, escrow agreements, and other similar collateral or
surety agreements.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes, occupied
for dwelling and for nontransient use.
That part of an individual lot which has been reserved for
the placement of the mobile home, appurtenant structures or additions.
A stone or concrete monument with a flat top at least four
inches in diameter or square. It is recommended that the bottom sides
or radius be at least two inches greater than the top to minimize
movements caused by frost. The monument should contain a copper or
brass dowel and be at least 30 inches in length.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other's separate
housekeeping units. The individual dwelling units share a common access
and a common yard area.
A Comprehensive Plan for the provision of adequate sewage
systems adopted by Bath Borough and approved by the State Department
of Environmental Protection, as provided by the Pennsylvania Sewage
Facilities Act,[3] and Chapter 71, Rules and Regulations promulgated thereunder.
The portion of a street right-of-way, generally paved, intended
for vehicular use.
Any security which may be accepted by the Borough Council
to guarantee that the proper construction for the approval of the
plan, including corporate bonds, escrow agreements, and other similar
collateral or surety agreements.
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.
A complete and exact plan prepared for official recording
as required by this chapter to define property rights, streets and
other proposed improvements.
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.
A document to be prepared by the developer or subdivider,
accepted by the Borough, and submitted to the Pennsylvania Department
of Environmental Protection to provide proposed development data in
order to supplement or revise the Borough's official plan for sewage
facilities.
Any replatting or resubdivison of land, limited to changes
in lot lines on approved final plans or recorded plans as specified
in this chapter. Other replattings shall be considered as constituting
a new subdivision of land. See also "subdivision."
The total width of any land reserved or dedicated as a street,
sidewalk or for other public or quasi-public purposes.
Water that is derived directly from precipitation and passes
over the ground into watercourses.
Any structure designed to treat sanitary sewage within the
boundaries of an individual lot.
The sanitary sewage collection system in which sewage is
carried from individual lots by a system of pipes to a central treatment
and disposal plant, serving Bath, operated by the Bath Borough Authority.
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."
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
foot above the center line of the road surface.
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.
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.
A strip of land, including the entire right-of-way (i.e.,
not limited to the cartway), intended for use as a means of vehicular
and pedestrian circulation to provide access to more than one lot.
The word "street" includes street, avenue, boulevard, road, highway,
freeway, parkway, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
Streets are further classified according to the functions they perform:
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETA 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 be considered collector streets).
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
LOCAL STREETA street used primarily to provide access to abutting properties.
MARGINAL ACCESS STREETA 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.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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, transfer of ownership or building,
or lot development; provided, however, that the division 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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low-lying stretch of natural or man-made land which gathers
or carries surface water runoff.
Soil tests and percolation tests conducted by the Borough
Sewage Enforcement Officer in compliance with Chapter 73 of the Pennsylvania
Department of Environmental Protection Regulations in order to determine
whether a permit may be issued for installation of on-lot sewage disposal
system.
Surface soils and subsurface soils which presumably are fertile
soils and soil materials, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the "A horizon."
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.
A system for supply and distributing water to a single dwelling
or other building from a source located on the same lot.
The system for supplying and distributing water from a common
source to dwellings and other buildings, serving Bath, operated by
the Bath Borough Authority.
A natural or man-made permanent stream, river, brook, creek,
channel, swale or ditch for water.
