A.Â
For the purposes of this ordinance, words and terms used herein shall be interpreted based upon the rules of interpretation listed in § 190-12 of the Township Zoning Ordinance.
B.Â
If a word is not defined by this ordinance, but is
defined by the Zoning Ordinance as amended, the Zoning Ordinance definition
shall apply.
C.Â
The word "includes" shall mean to specifically include
an item but not necessarily limited to such item.
D.Â
Any word or term not defined in this Article or the
Zoning Ordinance shall be used with a meaning of standard usage, within
the context of the provision, as determined by the Plan Administrator
of this ordinance.
When used in this ordinance, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
A landowner or developer who has filed an application for
a subdivision or land development, including his heirs, successors
and assigns.
A paved lane specifically established primarily to provide
for travel by nonmotorized bicycles.
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, public park, waterway,
Township line, tract of land held in separate ownership or any combination
thereof.
That part of a block which fronts on a single street.
The Board of Supervisors of Palmer Township.
The governing center for local government services located
within the Department of Community and Economic Development.
[Added 2-19-2001 by Ord. No. 2001-298]
The bed and banks of a watercourse, which confine and convey
the normal flow of the water, either continuously or intermittently.
A receptacle for collecting and holding rainwater for reuse
for irrigation or drinking water.
The Planning Commission of Palmer Township.
In agreement or correspondence between matters being compared
which denotes a reasonable rational similar connection or relationship.
[Added 2-19-2001 by Ord. No. 2001-298]
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes the broad goals and criteria for municipalities to use
in preparation of their comprehensive plans and land use regulation.
[Added 2-19-2001 by Ord. No. 2001-298]
The Pennsylvania Department of Environmental Resources.
A natural or man-made area in which stormwater is temporarily
detained and from which said water is slowly released at a rate compatible
with sound stormwater and soil management practices as approved by
the Township.
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.
An agreement (in a form and manner acceptable to Township)
requiring a developer to install the improvements required by this
ordinance and any improvements or amenities which appear on the plan
in accordance with the requirements of this ordinance.
Any activity involving the clearing, excavation, storing,
grading, filling or transporting of soil or any other activity which
causes soil to be exposed to the danger of erosion.
A channel with or without a supporting ridge on the lower
side constructed to intercept and divert surface runoff.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention/alleviation
of flooding.
See the definitions in the Township Zoning Ordinance.
[1]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.
A man-made deposit of soil, rock or other material.
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
The registered professional engineer designated by the Board
of Supervisors to perform duties required of such position within
the provisions of this ordinance. Such person may be an appointed
consulting engineer, his/her firm or a Township employee.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A plan which fully indicates necessary land treatment measures,
including a schedule for the timing of their installation, which will
effectively minimize soil erosion and sedimentation. Such measures
shall be in accordance with the Northampton County Soil Conservation
Service reviews.
An act by which soil or soils are cut into, dug, quarried,
uncovered, removed, displaced or relocated.
The vertical location of the existing ground surface prior
to cutting or filling.
The final elevation of the ground surface conforming to the
proposed design.
A margin of safety, expressed in feet above the one-hundred-year
flood elevation.
Generally consistent that which exhibits consistency.
[Added 2-19-2001 by Ord. No. 2001-298]
The elevation of finished ground or paving.
Any stripping, cutting, filling, stockpiling or any combination
thereof and shall include the land in its cut or filled condition.
The first floor of a building other than a cellar or basement.
The process of stormwater entering into the ground to replenish
the underground water table.
An agreement, in a form and manner acceptable to the Township,
requiring a developer to install the improvements required by this
ordinance or which appear on the official approved plans.
The infrastructure amenities associated with a subdivision
or land development as may be required by this ordinance, including,
but not limited to, streets, walkways, curbs, storm sewers and stormwater
management facilities, street and parking lot lights, recreational
facilities, open space improvements, buffer or screening plantings,
landscaping, etc.
[Added 5-27-2008 by Ord. No. 2008-378]
Joint Planning Commission, Lehigh-Northampton Counties, or
its successor agency.
As defined by the Pennsylvania Municipalities
Planning Code, as amended.[2] (As of 1993, this definition included the following: "The
improvement of one lot or two or more contiguous lots, tracts or parcels
of land for any purpose involving either or both of the following:
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,
lease holds, condominiums, building groups or other features.")
For the purposes of this ordinance, the following
shall specifically not be considered a "land development":
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; or
The conversion of an existing single-family
detached dwelling or a single-family semidetached dwelling (half of
a twin home) into a maximum of three dwelling units.
A subdivision of land that does not meet the
above definition of a "land development."
The owner of a legal or equitable interest in 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 right of the landowner)
or other person having a proprietary interest in land.
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
No new lots will be created beyond what was
previously approved;
No additional street segments or changes in
alignment are proposed other than what was previously approved;
No additional nonconformities will be created
under the Township Zoning Ordinance; and
No new land development will occur other than
a land development that was previously approved or buildings to support
crop farming.
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.
Lowest floor of the enclosed area, including basement.
An agreement, in a form and manner acceptable to the Board
of Supervisors, requiring the developer of improvements which have
been dedicated to make any repairs or reconstructions and to maintain
such improvements for a certain period.
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that dedicated improvements shall be maintained by the developer.
(NOTE: These guaranties typically include acceptable letters of credit,
performance bonds, escrow agreements and other similar collateral
or surety agreements.)
See "subdivision, major."
A parcel of land in a mobile home park, improved with the
necessary utility connection and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased or rented
by the park owner to the occupants of the mobile home erected on the
lot.
The application of plant or other suitable materials on the
soil's surface to conserve moisture, hold soil in place and aid in
establishing plant cover.
A planning agency comprised of representatives of more than
one municipality and constituted as a Joint Municipal Planning Commission
in accordance with Article 9 of the Pennsylvania Municipalities Planning
Code, or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multi-municipal
issues, including, but not limited to, agricultural and open space
preservation, natural and historic resources, transportation, housing
and economic development.
[Added 2-19-2001 by Ord. No. 2001-298]
The Pennsylvania Municipalities Planning Code, as amended.
[3]The ground surface in its original state before any grading,
excavation or filling.
Any structure, materials, fill or activity that would impede,
retard or change natural or approved stormwater flows.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas but may include areas occupied
by walkways, patios and porches without roofs, playgrounds and other
areas occupied by outdoor recreation or play apparatus, gardens and
trees.
The definition in the Township Zoning Ordinance[4] shall apply.
Common open space owned by a government agency or the Township
for public recreation.
Open space of a lot or tract used for residential purposes, exclusive of required front and side yard areas, which is suitable for specified use(s) or as outdoor recreation for the residents. (See § 165-62.)
The Palmer Township Subdivision and Land Development Ordinance
and any provisions or amendments thereof, enacted by the Board of
Supervisors.
A tract, lot or area of land.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles; unless otherwise stated, shall mean
off-street "parking."
A pedestrian accessway which may or may not be adjacent to
a street or access drive and which conforms with this ordinance.
The Pennsylvania Department of Transportation.
Financial security which is acceptable to the Board of Supervisors
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.)
A map of a land development or subdivision of land.
SKETCH PLANAn informal plan, identified as such with the title "Sketch Plan" on the map, indicating existing features of a tract and its surroundings and the general layout of the proposed subdivision.
PRELIMINARY PLANA 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 ordinance.
FINAL PLANA complete and exact plan, identified as such with the title "Final Plan," prepared for official recording as required by this ordinance to define property rights and proposed streets and other improvements.
See "Commission."
One or more Township officials authorized by the Board of
Supervisors to have the primary responsibility to administer this
ordinance. This typically is a member of the Township Code enforcement
staff, such as the Zoning Officer.
When used in connection with natural historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
[Added 2-19-2001 by Ord. No. 2001-298]
A planning agency that is compromised of representatives
of more than one county. Regional planning responsibilities shall
include providing technical assistance to counties and municipalities,
mediating conflicts across county lines and reviewing county comprehensive
plans for consistency with one another.
[Added 2-19-2001 by Ord. No. 2001-298]
A natural or man-made area in which stormwater is retained
on a long-term basis.
The deposition of solid material, both mineral and organic,
that was in suspension and that has been transported from its site
of origin by any means of erosion.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials, to
prevent these materials from entering a creek, river, stream or lake.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Township.
CENTRAL SEWAGE SYSTEMA sewage system which collects, treats, and disposes sewage from more than two dwellings, principal uses or lots.
PUBLIC SEWAGE SYSTEMA central sewage system owned and operated by a public authority or the Township.
ON-LOT SEWAGE SYSTEMA sewage system which collects, treats and disposes of sewage or holds sewage from only one or two dwellings, principal uses or lots.
The connection consisting of all pipes, fittings and appurtenances
from the drain outlet of a dwelling or building to the inlet of the
street or main collector sewer pipe of the sewerage system serving
the subdivision or land development.
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this ordinance.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
Unless otherwise stated, a development plan that may be required by § 190-201 of the Zoning Ordinance.
The Soil and Water Conservation District for Northampton
County.
A scientific survey of soil conditions and characteristics
prepared by an engineer or soil scientist and approved, certified
or completed by the United States Soil Conservation Service.
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (solar time) on any area of a lot not within required
yard areas.
Includes substantial improvements and means the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction or improvements was within 180 days of the
permit date. The "actual start" means the first placement of permanent
construction of a structure (other than a mobile home) on a site,
such as the pouring of slabs or footings or any work beyond the stage
of excavation.
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
A comprehensive land use and growth management report to
be prepared by the Center for Local Government Services and which
shall contain information, data and conclusions regarding growth and
development patterns in this commonwealth and which will offer recommendations
to commonwealth agencies for coordination of executive action, regulation
and programs.
[Added 2-19-2001 by Ord. No. 2001-298]
The holding or slowing down of stormwater runoff to avoid
increased rates of runoff during peak periods.
A 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.
See the Official Street Classification Map,[5] which was adopted as part of the Township Zoning Ordinance.[6] This map classifies streets as "expressway" (or "major
arterial"), "arterial" (or "minor arterial"), "collector" or "local"
streets. As a general guide for designating proposed new streets,
a local street is intended to average less than 500 trips per day,
a collector street is intended to average 501 to 3,000 trips per day,
and an arterial street is intended to average more than 3,000 trips
per day.
A type of local street which is permanently terminated at
one end by a vehicular turnaround and intersects another street at
the other end.
A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
See "developer."
As defined by the Pennsylvania Municipalities
Planning Code, as amended.[7] (As of 1993, this definition was as follows: 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.
The subdivision by lease of land for clearly only agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access or residential dwellings is exempted from the requirements
of this ordinance.)
A division of a development into condominiums
shall be considered a land development, but such division by itself
shall not be a "subdivision."
Any subdivision of land which does not qualify as a minor
subdivision. This includes the subdivision of land which results in
two or more industrial, commercial or institutional lots.
A proposal involving land, other than a land
development, which is either:
A subdivision:
That results in only one or two new additional
residential lots or only one or two new additional clearly agricultural
lots of more than 10 acres each or only one new additional business
or institutional lot in addition to the one preexisting parent lot;
and
Which does not involve an extension or new segment
of a street (other than what was previously approved); or
A lot line adjustment.
See § 165-40A of this ordinance regarding the maximum number of minor subdivisions permitted from a parent tract in a five-year period.
Any tract or parcel of land divided into two or more separate
areas by one or more public streets. See definition of "lot" in the
Zoning Ordinance,[8] which generally would treat each area on each side of
a public street as a separate lot, with the remaining area being considered
residual land for the purposes of submittal requirements.
The Palmer Township Subdivision and Land Development Ordinance.
As defined by the Pennsylvania Municipalities Planning Code.[9] [As of 1993, this definition was as follows: "In the judgment
of the Township 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."]
Stabilization of erosive sediment-producing materials.
The Township of Palmer, Northampton County, Pennsylvania.
Unless otherwise stated, this shall mean the Board of Supervisors
and its authorized agents.
One or more abutting or adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
United States Geological Survey or its successor agency.
Stabilization of erosive or sediment-producing areas, by
establishing permanent long-term vegetative cover, by seeding of the
soil or planting sod.
A strip of land, including a right-of-way dedicated to public
use, in order to facilitate pedestrian access through or into a block.
Any natural or artificial waterway, stream, river, creek,
ditch, channel, millrace, canal, gully, ravine or wash in which water
flows in a definite direction or course, either continuously or intermittently,
and which has a definite channel and bed. This term shall include
any area adjacent thereto subject to inundation by reason of overflow
of floodwaters.
Service by a water system that does not meet the definition
of "public water service."
Service by a central water system that is owned and operated
by a municipal authority or a Public Utility Commission regulated
water company and that serves more than 20 dwelling units or principal
uses.
