Unless otherwise expressly stated, the following
terms shall, for the purpose of these regulations, have the meanings
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 past tense
and future tense, and vice versa.
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.
F.
The word "Township" means Lehigh Township, Northampton
County, Pennsylvania.
G.
The term "Board of Supervisors" means the Board of
Supervisors of Lehigh Township.
H.
The term "Planning Commission" means the Planning
Commission of Lehigh Township.
I.
The term "Board" means the Zoning Hearing Board of
Lehigh Township.
Other terms or words used herein shall be interpreted
or defined as follows:
The Township official designated by the Board of Supervisors
with the responsibility of administering the subdivision or land development
application submission procedure.
A public or private thoroughfare, with a cartway or right-of-way of 20 feet or less which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. An alley is not a street. In the PRRC Zone, an "alley" is defined as a private thoroughfare providing for either one-way or two-way traffic, as further set forth in § 147-18C(1), which may afford a primary or secondary means of access to abutting property and is intended for traffic circulation only to and from abutting properties. Alleys in the PRRC zone shall be designed in accordance with § 147-18C(1).
[Added 3-8-2016 by Ord.
No. 2015-13; amended 10-27-2020 by Ord. No. 2020-5]
A landowner or developer, as hereinafter defined, who has
filed application for development including his heirs, successors
and assigns.
A plan, certified by a licensed surveyor or engineer in the
State of Pennsylvania, depicting the locations of the constructed
site improvements on a particular tract(s) of land, including, but
not necessarily limited to the following: monumentation; two-foot
contours (and the datum of the elevations) and necessary spot evaluation;
exterior dimensions of all buildings/structures at ground level; utilities
and utility structures, including all associated appurtenances (values,
tees, etc.), inverts, lengths, material types, dimensions, and slopes;
curbing; signage; parking areas (with included striping patterns,
and handicap ramp locations and/or curb cuts); landscaping installed
as part of a land development and/or subdivision plan; the location
of all required setbacks, buffer yards; names of adjoining owners
of platted lands; owner of record; final (record) configuration of
the parcel(s).
[Added 6-14-2011 by Ord. No. 2011-1]
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.
A detached subordinate building, the use of which is customarily
incidental and subordinate 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 structures 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.
Sewer lines including lateral connections to each lot suitably
capped at the street right-of-way line. Capped sewers shall be designed
and constructed to Township specifications and accepted by the Board
of Supervisors at the same time as street improvements and other improvements
are accepted. Thereafter, they shall be held by the Board of Supervisors
until such time as interceptor service and treatment becomes available
at which time they shall be dedicated to the Lehigh Township Municipal
Authority.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
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 or 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 Board
of Supervisors in accordance with the Pennsylvania Municipalities
Planning Code[1] and designated, as a whole or in its several parts, as
a Comprehensive Plan for the continuing development of the Township.
A strip of land included in the public right-of-way dedicated
to public use to facilitate pedestrian access through or into a block.
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 Pennsylvania Department of Environmental Protection.
An area within a development set aside to impound stormwater
runoff and release it by means of a discharge control structure at
a rate equivalent to the existing before development rate for the
watershed.
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 development.
A lot extending between and having frontage on two generally
parallel streets with vehicular access from only one street.
Any structure, or part thereof, designated to be occupied
as living quarters as a single housekeeping unit.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Township Engineer.
An individual who possesses a Baccalaureate Degree in biology
or related field and has at least two years of professional full-time
work experience in the profession of wetland delineations.
[Added 6-14-2011 by Ord. No. 2011-1]
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
The area along a natural watercourse which is periodically
overflowed by water therefrom.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
A miniature map of the proposed subdivision or land development
drawn at a scale of one inch equals 800 feet for the purpose of locating
the property being subdivided as it relates to the surrounding road
and highway network, zoning districts and important natural features
drawn to sufficient accuracy and detail to permit transfer to the
Official Township Map by merely tracing from this location diagram.
The Joint Planning Commission of Lehigh and Northampton Counties,
Pennsylvania.
The improvements of one lot or two or more contiguous
lots, tracts or parcels of land for any purposes involving:
A group of two or more 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.
Any change of a commercial or industrial use in any zoning district
where, in the opinion of the Township Zoning Officer, the proposed
change in use has the potential to adversely affect the performance
of site characteristics including, but not necessarily limited to,
septic system(s), stormwater management, parking, traffic and/or buffering.
[Added 8-14-2018 by Ord.
No. 2018-5]
A subdivision of land.
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, shall be deemed
to be a landowner for the purpose of this chapter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of a lot excluding
space within all streets, but including the areas of all easements.
A metal pipe or pin of at least one-half-inch diameter outside
diameter and at least 30 inches in length.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two units or more 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, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
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.
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, brass
or steel dowel and be at least 30 inches in length.
The empirical formula used in engineering practice to express
the relationship in pipe and open channel flow between the roughness
characteristics of the conveyor; the cross sectional area of the conveyor;
the perimeter of the conveyor that is wetted by the liquid in motion;
the slopes of the conveyor; and the resultant capacity that the conveyor
can discharge.
Residential development consisting of a single building or
a group of attached buildings intended and designed to be occupied
by two or more families living independently of each other as separate
housekeeping units.
An acre (43,560 square feet) of land, which shall not include
any areas of nonusable land. The net acre shall not include the right-of-way
areas dedicated to the Township.
[Added 6-14-2011 by Ord. No. 2011-1]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reasons of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Wetlands, slopes in excess of 30%, floodplains, bodies of
water and rock outcropping.
[Added 6-14-2011 by Ord. No. 2011-1]
The technical specifications prepared by the Pennsylvania
Department of Transportation governing materials and workmanship required
in the construction of streets, roads and related structures and facilities
under the jurisdiction of the state.
The enabling legislation authorizing municipalities to prepare
and implement zoning, subdivision and planned residential development
ordinances as well as a Township Comprehensive Plan and Official Map.
[2]A test procedure to determine whether or not the soil on
a particular building lot is capable of absorbing the liquid wastes
to be produced by the occupants or the process proposed, and to determine
the proper size absorption field that will be necessary for the specific
use.
A complete and exact plan with professional engineer's seal
affixed showing proposed structures, appurtenances and property layout
and such other information as required by this chapter.
A plan composed of maps and written narrative used to describe
and guide the installation of all erosion control measures needed
on a construction site to reduce erosion and prevent off-site sedimentation
during earth-moving activities.
A complete and exact plan, with professional engineer's seal
affixed and prepared for official recording as required by this chapter
to define property rights, streets and other proposed improvements.
A complete and exact plan with professional engineer's seal
affixed showing proposed and existing topographic features of an area
whose development proposal consists strictly of cut, fill and grading
operations.
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.
The copy of the final plan which contains the original endorsement
of the Joint Planning Commission, the Township Planning Commission
and the Board of Supervisors which is intended to be recorded with
the County Recorder of Deeds.
An informal plan, indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
subdivision to be used as a basis for consideration by the Township.
A map of a certain description tract or parcel of land showing
land boundaries together with all data essential to the description
and identification of the units of land shown thereon.
A small outdoor green area within the PRRC Zone designed
to provide open space, an area to sit or gather, and/or a tot lot.
[Added 10-27-2020 by Ord.
No. 2020-5]
An empirical formula derived to express the relationship
between anticipated rainfall intensity, total watershed area, type
of ground cover and resultant amount of runoff.
The office located at the County Seat in Easton, Pennsylvania
where all deeds of transfer, miscellaneous indentures, mortgages and
subdivision plans are required by law to be filed for the public record.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
Any replatting or resubdivision 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.
The total width of any land reserved or dedicated in fee
as a street, sidewalk or for other public or semipublic purposes.
That part of a geologic formation or structure that appears
at the surface of the earth; also, bedrock that is covered by surficial
deposits such as alluvium.
[Added 6-14-2011 by Ord. No. 2011-1]
The surface water discharge or rate of discharge of a given
watershed after a given rain or snow, that does not enter the soil
but runs off the surface of the land.
The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by Chapter 180, Zoning, or the Township Comprehensive Plan.
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, commonly called a "package treatment plant," generally
serving a single land development, subdivision or neighborhood, and
operated by a governmental agency, governmental authority or public
utility company.
Any structure designed to treat sanitary sewage within the
boundary of an individual lot.
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 serving a major portion of a municipality
or municipalities, and operated by a governmental agency, governmental
authority or public utility company.
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."
A watertight receptacle which receives domestic sewage or
industrial waste and is designed and constructed to provide for sludge
storage, sludge decomposition and to separate solids from the liquid,
through a period of detention, before allowing the liquid to be discharged.
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 between a point
3.75 feet above the center line of the road surface and a point 0.5
feet above the center line of the road surface.
Residential development consisting of a building on a lot
designed exclusively as a residence for one family and which has no
party wall in common with an adjacent building.
The face of any 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.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
The attorney at law who is legally qualified and authorized
to represent and act for the Township in legal proceedings.
A strip of land, including the entire right-of-way 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, driveway, 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.
EXPRESSWAYDesigned for large volumes and high speed traffic with access limited to grade separated intersections.
ARTERIAL ROADDesigned for large volumes and high speed traffic with access to abutting properties restricted.
COLLECTOR ROADDesigned to carry a moderate volume of traffic to intercept local streets, to provide routes to arterial roads and to community facilities and to provide access to the abutting properties.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector streets.
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
The limit of a right-of-way.
Any man-made object having a stationary location on or in
land or water, whether or not affixed to the land.
The owner or authorized agent of the owner including but
not limited to an individual, partnership or corporation that undertakes
a subdivision or land development or any of the activities covered
by this chapter particularly the preparation of a subdivision plan
showing the layout of the land and the public improvements involved
therein. The term "subdivider" is intended to include the term "developer"
even though the personnel involved in successive stages of the project
may vary.
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 heiress, transfer of ownership or building or lot development;
provided, however, that the 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. The term "subdivision" shall refer, as appropriate in this
chapter, to the process of subdivision land or to the land proposed
to be subdivided. The term "subdivision" includes resubdivision.
A system of open jointed or perforated pipes laid in the
upper strata of the soil to distribute sewage effluent into the soil
for absorption and transportation.
A form of insurance or security such as a mortgage or judgment
note held by the municipality to insure that all provisions of a subdivision
improvements agreement will be met by the developer within a reasonable
time frame and without any hardship to the public.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the A Horizon.
A field investigation of a trench with no specific plan dimensions
but a depth of seven feet, undertaken by the Sewage Enforcement Officer
on a tract of land proposed for on-site disposal, in order to determine
the absence or presence and specific depth of any limiting zone such
as an indication of a high water table or an indication of bedrock,
which might prevent or limit the potential of the site for development
purposes.
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 supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
A system for supplying and distributing water from a common
source to dwellings and other buildings, generally serving a major
portion of a municipality or municipalities, and operated by a governmental
agency, governmental authority or a public utility company.
A permanent stream; intermittent stream; river; brook; creek;
channel or ditch for water whether natural or man-made.
That total land area upstream from a specific geographic
point that will drain by gravity to that specific point.
The CE (Federal Register 1982) and the EPA (Federal
Register 1980) jointly define "wetlands" as those areas that are inundated
or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas.
Diagnostic environmental characteristics. Wetlands
have the following general diagnostic environmental characteristics:
Vegetation. The prevalent vegetation consists
of macrophytes that are typically adapted to areas having hydrologic
and soil conditions described above.
Soil. Soils are present and have been classified
as hydric, or they possess characteristics that are associated with
reducing soil conditions.
Hydrology. The area is inundated either permanently
or periodically at mean water depth 6.6 feet, or the soil is saturated
to the surface at some time during the growing season of the prevalent
vegetation.
