For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
The singular shall include the plural, and the plural
shall include the singular.
C.
The masculine gender shall include the feminine and
the neuter and vice-versa.
D.
The word “shall” is always mandatory,
and the word “may” or “should” is always permissive.
E.
Any word or term not defined in this article shall
be used with a meaning of standard usage.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
Next to or adjacent to, and includes the words “directly
across from streets, natural features, and rights-of-way.”
A privately owned, constructed, and maintained vehicular
access from a public or private street to four or more off-street
parking spaces or to at least one loading space.
A state of being side by side, next to, adjoining, contiguous,
or abutting one to another.
A Township official duly appointed from time to time by the
Board of Supervisors.
A public or private way affording only secondary means of
access to abutting property.
A landowner or developer who has filed an application for
a subdivision or land development, including his heirs, successors
and assigns.
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 East Allen Township, Northampton
County, Pennsylvania.
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking, outdoor storage or any other use than
open space.
Any structure having a roof supported by columns or walls,
used for the shelter, housing, or enclosure of persons, animals, or
property. “Building” is interpreted as including “or
part thereof.”
A sedimentary rock formed by the organic or inorganic precipitation
of mineral compounds characterized by the fundamental chemical carbon
trioxide, i.e., limestone and dolomite.
The paved portion of a street or highway designed for vehicular
traffic.
Remnants of sinkholes that have partially filled with soil
by erosion and settlement of the sinkhole walls. Generally, they are
found as shallow, dish-shaped depressions on the land surface in areas
of carbonate geologic formations.
The Planning Commission of East Allen Township, Northampton
County, Pennsylvania.
The document entitled “Comprehensive Plan for East
Allen Township,” or any part thereof, adopted by the Board of
Supervisors.
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 those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[1]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; and the
demolition of preexisting building, provided that further construction
be diligently carried on.
The County of Northampton, Commonwealth of Pennsylvania.
The Lehigh Valley Planning Commission (Lehigh and Northampton
Counties).
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 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
chapter and any improvements or amenities which appear on the plan
in accordance with the requirements of this chapter.
Streams that empty completely into a sinkhole or cavern.
A privately owned, constructed, and maintained vehicular
access from a street or access drive to three or less off-street parking
spaces.
HIGH-VOLUME DRIVEWAYA driveway used or expected to be used by more than 1,500 vehicles per day.
[Added 11-12-2008 by Ord. No. 2008-17]
LOW-VOLUME DRIVEWAYA driveway used or expected to be used by more than 25 but less than 750 vehicles per day.
[Added 11-12-2008 by Ord. No. 2008-17]
MEDIUM-VOLUME DRIVEWAYA driveway used or expected to be used by more than 750 but less than 1,500 vehicles per day.
[Added 11-12-2008 by Ord. No. 2008-17]
MINIMUM-USE DRIVEWAYA residential or other driveway which is used or expected to be used by not more than 25 vehicles per day.
[Added 11-12-2008 by Ord. No. 2008-17]
A building containing one or more dwelling units. The term
“dwelling” shall not be deemed to include automobile court,
rooming house, tourist home, hotel, motel, hospital, nursing home,
dormitory, fraternity, sorority house, or other group residence.
SINGLE-FAMILY DETACHED DWELLING- A detached building containing only one dwelling unit. The term “single-family detached dwelling” shall be deemed to include a “modular home,” but shall not be deemed to include a “mobile home.”
MODULAR HOME- A single-family detached dwelling designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and connected to utilities. The term “modular home” shall not be deemed to include a “mobile home.”
MOBILE HOME- A transportable, single-family dwelling designed so that it can be transported on a highway, used for 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. The term “mobile home” shall not be deemed to include “recreation vehicle” nor “modular home.”
TWO-FAMILY DWELLING- A detached building containing two dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of both dwelling units shall comply with all requirements for a two-family dwelling in that district.
MULTIPLE-FAMILY DWELLING- A building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities, and having outside access directly from the dwelling unit
or through a common hall.
A grant by the property owner to the public, a corporation,
a person, or group of persons, or another tract of land for a use
of land for specified purposes.
The registered professional engineer designated by the Board
of Supervisors to perform all duties required of the engineer by the
provisions of this chapter.
One or more persons related by blood, marriage, or adoption
(or a group of not more than five persons not related by blood, marriage,
or adoption) living together in a single dwelling and maintaining
a common household. The term “family” shall be deemed
to include any domestic employees or gratuitous guests, but shall
not include any roomer, boarder, or lodger.
A surface or zone of rock fracture along which there has
been noticeable movement.
Linear topographic depressions or lines of depressions less
than one mile in length, revealing faults, joints or fissures in the
bedrock. These linear features are characterized by increased permeability
along which the solution of carbonate rocks is intensified and, hence,
along which groundwater movement is concentrated.
Small bodies of water which occur in and occasionally around
closed depressions or sinkholes after periods of heavy precipitation.
They may form from slow permeability of soils, rises in the groundwater
table or the creation of a natural liner of impermeable or slowly
permeable clays or soils in the depression.
The elevation of finished ground or paving.
Shall consist of all the following: sink with piped water,
a permanent cookstove and a refrigerator.
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:
[Amended 2-19-2004 by Ord. No. 2004-3]
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 provided however, the term land development shall not include any residential or commercial expansion less than 25% of the existing, approved building area not to exceed 3,000 square feet of impervious coverage for the entire site in any one application. This exception shall apply on one application and may not apply to successive applications; provided further, the Code Enforcement Officer shall require plan submission under Article III, § 212-19, of this chapter when the impervious or building coverage exceeds 80% of the total permitted coverage based upon lot area.
A subdivision of land.
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.
Linear topographic features that are structurally controlled,
thereby revealing faults, joints, or fissures in the bedrock.
Any parcel or tract of land intended as a unit of ownership,
transfer of ownership, use, rent, improvement or development. Contiguous
nonconforming lots under common ownership shall be considered one
lot.
CORNER LOT- A lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
INTERIOR LOT- A lot other than a corner lot whose sides do not abut a street.
REVERSE FRONTAGE LOTS- Lots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
THROUGH LOT- An interior lot having frontage on two streets.
The area contained within the lot lines, excluding area within all existing and future street rights-of-way, floodplains, detention basins, wetlands, drainage easements, or slopes of more than 25%. Any lots created before January 1, 1996, shall continue to use all of the lot area contained within the lot lines excluding space within existing or future road rights-of-way. As stated in Chapter 250, Zoning, effective January 1, 1983, for the calculations.
[Amended 8-8-2002 by Ord. No. 2002-5]
The mean average horizontal distance between the front and
the rear lot lines.
The property lines bounding the lot.
FRONT LOT LINE (STREET LINE) (1)- A lot line separating the lot from the street right-of-way. The front lot line shall be the same as an existing or a future right-of-way (whichever establishes the greater width).
REAR LOT LINE (2)- A lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINE (3)- Any lot line other than a front or rear lot line. A “side street lot line” is a side lot line separating a lot from a street.
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Sample lot configurations; numbers correspond
to the above definitions.
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The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line as set forth in Chapter 250, Zoning.
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An agreement (in a form and manner acceptable to the Township)
requiring the developer of improvements which have been dedicated
to make any repairs or reconstructions and to maintain such improvements
for a period not to exceed 18 months from the date of acceptance of
dedication.
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 (including
acceptable letters of credit, performance bonds, escrow agreements,
and other similar collateral or surety agreements).
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
residential use.
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.
A lot which does not conform with the minimum width, depth, or area dimensions specified for the district where such lot is situated, but was lawfully in existence at the time of enactment of Chapter 250, Zoning, or is legally established through the granting of a variance by the Zoning Hearing Board. Contiguous nonconforming lots under common ownership shall be considered one lot.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, 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.
A parcel or parcels of land, or an area of water, or a combination
of land and water within a development site which is open space designed
and intended for the use or enjoyment of residents of a development.
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 § 212-52).
The East Allen Township Subdivision Ordinance of 1984 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.
A pedestrian accessway which is not adjacent to a street,
access drive or driveway and conforms with this chapter.
Financial security (which is acceptable to the Township)
to secure the promise made by a developer in the development agreement
that certain improvements shall be made by the developer (including
acceptable letters of credit, performance bonds, escrow agreements,
and other similar collateral or surety agreements).
An individual, partnership, organization, association, trust,
or corporation. When used in a penalty provision, “person”
shall include the members of such partnership, the trustees of such
trust, and the officers of such organization, association, or corporation.
Tall, slender spires of carbonate bedrock. Pinnacles are
formed from the chemical dissolution of carbonate rocks along planes
of weakness (joints and fractures).
SURFACE PINNACLES- Such formations that protrude above the natural grade.
SHALLOW SUBSURFACE PINNACLES- Such formations that exist less than 20 inches below the ground surface.
A map of a land development or subdivision of land.
SKETCH PLAN- An 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 PLAN- A 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 chapter.
FINAL PLAN- A complete and exact plan, identified as such with the title “Final Plan,” prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
See “Commission.”
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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.[2]
Land reserved for the public or others for future use as
a street or other purpose.
A portion of bedrock parent material exposed to the surface
of the ground for an area in excess of 20 square feet.
All of the following: sink with piped water, a toilet, and
a bathtub or shower with piped water.
A fence or natural obstruction of sufficient height (but
not less than six feet high) to effectively visually obscure the area
being screened from adjoining areas.
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.
CENTRALIZED SEWAGE DISPOSAL SYSTEM- A sewage disposal system which collects, treats, and disposes sewage from more than one dwelling, principal use, or lot.
PUBLIC SEWAGE DISPOSAL SYSTEM- A centralized sewage disposal system owned and operated by a public authority.
ON-LOT SEWAGE DISPOSAL SYSTEM- A sewage disposal system which collects, treats, and disposes of sewage or holds sewage from only one dwelling, principal use, or lot.
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, access
drive, or driveway and conforms to the regulations of this chapter.
A visual display or image which is affixed to, painted, or
represented directly or indirectly upon a building, structure, land,
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization, or business,
regardless of whether such display or image is permanent or temporary,
but excluding displays or images which are decorative only.
Funnel-shaped or steep-sided depressions in the land surface
that are caused by the dissolving of carbonate rock by acidic groundwater
descending to the water table and collapse or subsidence of the roofs
of subterranean caverns in carbonate geologic formations. In size,
they can vary from a few feet to more than 100 feet in width.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
The Soil and Water Conservation District for Northampton
County.
Said of a soil that is irregularly marked with spots or patches
of different tonal quality, usually indicating poor drainage.
A scientific survey of soil conditions and characteristics
prepared by an engineer or soil scientist and approved or certified
by the U. S. 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.
A public or private thoroughfare which affords the principal
means of access to abutting property and contains a right-of-way area
(in addition to the cartway); including avenue, place, way, parkway,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley, access drive, or driveway.
[Amended 11-12-2008 by Ord. No. 2008-17]
ARTERIAL STREETStreet designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so designated on the Official Zoning Map of Chapter 250, Zoning.
COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterial streets at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so designated on the Official Zoning Map of Chapter 250, Zoning.
LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets. Local streets are those streets which are not designated as arterial streets or collector streets on the Official Zoning Map of Chapter 250, Zoning.
CUL-DE-SAC STREET- A cul-de-sac street is a local street which is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end. Cul-de-sac streets have a maximum length of 400 feet. The length of a cul-de-sac street shall be measured from the center-line point of the radius of the cul-de-sac curve to the point of center-line intersection of the cul-de-sac with an approved through street.
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LOOP STREET- A loop street is a local street which intersects other streets on each end and may intersect a cul-de-sac street at some point between each end. A loop shall not ultimately furnish access to more than 200 off-street parking spaces.
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MARGINAL ACCESS STREET- A marginal access street is a local street which is parallel and adjacent to collector or arterial streets and provides access to abutting properties.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
“structure” shall include building, sign, fence, wall,
tower, swimming pool, porch, garage, and similar structures. “Structure”
shall be interpreted as including the words “or part thereof.”
See “developer.”
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 a lot development.
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 residential dwellings is not a subdivision.
Any subdivision which does not qualify as a minor subdivision.
Any tract or parcel of land divided into two or more separate
areas by one or more public streets.
The Township of East Allen, Northampton County, Pennsylvania.
A parcel of land, the dimensions and extent of which are
determined by the latest official records or by the latest approved
recorded map of a subdivision of which the tract is a part. A tract
may include lands covered by more than one legal description.
Any activity, occupation, business, or operation carried
on or intended to be carried on in a structure or on a lot.
The connection consisting of all pipes, fittings and appurtenances
from the water pipe to the inlet pipe of the distribution system within
the dwelling or nonresidential unit.
A discernable, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and be permanent in nature or it may originate from a temporary
source such as runoff from rain or melting snow.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRALIZED WATER SUPPLY SYSTEMA water supply system which transmits water from a common source to more than one dwelling, principal use, or lot.
PUBLIC WATER SUPPLY SYSTEMA centralized water supply system that is provided, owned, and operated by East Allen Township, the East Allen Township Municipal Authority, the Bethlehem Authority and/or the City of Bethlehem and/or their successors and assigns.
[Amended 1-11-2012 by Ord. No. 2012-05]
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use, or lot.
An open space on the same lot with a structure (or a group of structures) which lies between the structure (or group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as permitted in Chapter 250, Zoning.
FRONT YARD- A yard extending the full width of the lot between a structure and the front lot line or side street lot line.
REAR YARD- A yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARD- A yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
