Township of Upper Macungie, PA Part 2 DEFINITIONS

§ 22-201 General.

[Ord. 01-11, 6/21/2001, § 201]

1. 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 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.

F. The word "Township" means Upper Macungie Township, Lehigh County, Pennsylvania.

G. The term "Board of Supervisors" means the Board of Supervisors of Upper Macungie Township.

H. The term "Planning Commission" means the Planning Commission of Upper Macungie Township.

I. The term "Board" means the Zoning Hearing Board of Upper Macungie Township.

J. All undefined terms used in this Chapter which are defined in the Pennsylvania Stormwater Management Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, and the "Stormwater Management Act Ordinance of Upper Macungie Township," as adopted in 1988 and last revised in 1999, shall have the meanings defined in said Act or plan. In the event that terms are defined both in this Chapter, and in the Act or Stormwater Ordinance, the definitions contained in this Chapter shall prevail over the definitions contained in the Act and the Stormwater Ordinance.[1]

[1] Editor's Note: See also Ch. 17, Stormwater Management, Part 1, Little Lehigh Creek Watershed Act 167 – Stormwater Management Ordinance, adopted 7-14-2005 by Ord. 2005-5.

K. The term "Zoning Ordinance" means the Zoning Ordinance of Upper Macungie Township (Chapter 27) in effect at the time of review of an application or plan.

L. If a word or term is not defined in this Chapter, the definition of that word or term as defined by the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended),[2] or as defined by a common dictionary, shall apply.

[Added by Ord. No. 2019-05, 8/1/2019; amended by Ord. No. 2021-14, 12/2/2021]

[2] Editor's Note: See 53 P.S. § 10101.

2. Other terms or words used herein shall be interpreted or defined as follows:

ACCESSORY BUILDING

See ACCESSORY STRUCTURE.

[Amended by Ord. No. 2023-04, 5/4/2023]

ACCESSORY STRUCTURE

A structure which is detached, subordinate and accessory to a principal building on the same lot, and which is used for purposes that are clearly customarily incidental to the use of the principal building. A portion of a principal building used for an accessory use shall not be considered an accessory structure.

[Amended by Ord. No. 2023-04, 5/4/2023]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

ACTIVE RECREATION

Recreation that includes activities that require the use of areas expressly designated for playing fields, sports courts, playgrounds and/or facilities such as recreation centers, gymnasiums and pavilions.[3]

[Added by Ord. 2011-4, 7/7/2011]

ALLEY

A right-of-way, providing secondary access to the side or rear on one or more lots, which has a maximum right-of-way width of 20 feet and a minimum cartway width of 12 feet.

APPLICANT

The person(s), company, partnership, profit or nonprofit-corporation or trust responsible for a particular application for an approval for development under this Chapter, including his/their heirs, successors and assigns.

ASSEMBLAGE

The combining of two or more adjoining lots or tracts of land into a single larger lot or tract of land.

[Added by Ord. No. 2019-05, 8/1/2019]

BLOCK

Property bounded on one side by a street and the other three sides by a street, railroad right-of-way, waterway, unsubdivided area or other definite barrier.

BUILDING

Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 square feet. Any structure involving a permanent roof (such as a covered porch, deck, or a carport) that is attached to a principal building shall be considered to be part of that principal building and not an Accessory Structure.

[Amended by Ord. No. 2023-04, 5/4/2023]

BUILDING SETBACK LINE

The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.

A. FRONT YARD BUILDING SETBACK LINE A yard between the front lot line (which is the future street right-of-way line where it abuts a street) and the closest portion of the subject structure or use that extends the full width of the lot from side lot line to side lot line.

B. SIDE YARD BUILDING SETBACK LINE A yard situated between the closest portion of the subject structure and the entire length of the side lot line, and extending from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum side yard, except as provided for in the Zoning Ordinance (Chapter 27).

C. REAR YARD BUILDING SETBACK LINE A yard extending the full width of the lot and situated between the rear line and the closest portion of the subject structure, and stretching between the side lot lines parallel to the rear lot line. [A principal building shall not extend into the required rear yard for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in the Zoning Ordinance (Chapter 27).]

CARTWAY

The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.

CLOSED DEPRESSION

In a karst area, a distinctive bowl-shaped depression in the land surface. It is characterized by internal drainage, varying magnitude and an unbroken round surface.

COMPREHENSIVE PLAN

The document entitled "The Upper Macungie Township Comprehensive Plan," or any part thereof, adopted by the Board of Supervisors, as amended.

CONSTRUCTION SECURITY

Any security which may be accepted by the Board of Supervisors to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plan.

[Added by Ord. No. 2021-14, 12/2/2021]

CUT

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.

DESIGN STORM

The magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., 24 hours), and used in computing stormwater management control systems.

DETENTION BASIN

A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate through a defined outlet structure.

DEVELOPER

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.

DWELLING UNIT

A single habitable living unit occupied by only one "family," as family is defined in the Upper Macungie Zoning Ordinance (Chapter 27). Each dwelling unit shall have: (i) its own toilet, bath or shower, sink, sleeping and cooking facilities; and (ii) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.

EASEMENT

Authorization by a property owner for the use by another and for a specified purpose of any designated part of the owner's property.

EROSION

The removal of surface materials by the action of natural elements.

FILL

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.

FLOODPLAIN

One-hundred-year floodplain (FP) shall mean the one-hundred-year floodway plus the one-hundred-year flood-fringe, as identified in the Federal Floodplain Study or other appropriate study found to be acceptable to the Township Engineer.

GRADING

Changing existing topography through cutting or filling by two feet or more in elevation over an area exceeding 1,000 square feet.

HAZARD TREE

Any tree afflicted with a disease, infected with insects, or structural defect which poses a threat to the safety or persons or property.

[Amended by Ord. No. 2019-05, 8/1/2019]

HYDRIC SOILS

Poorly drained soils that can support hydrophytic plants but may not necessarily do so.

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to produce usable and desirable lots and/or land development.

KARST

A type of topography characterized by closed depressions or sinkholes which are formed over limestone, dolomite or gypsum by bedrock solution, and that is characterized by closed depressions or sinkholes, caves and underground drainage.

LAND DEVELOPMENT

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 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.

[Added by Ord. No. 2021-14, 12/2/2021[4]]

LANDOWNER

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 a landowner for the purpose of this Chapter.

LEHIGH VALLEY PLANNING COMMISSION

The Planning Commission for Lehigh and Northampton Counties.

LOT

A contiguous separate parcel of land that is recorded, or will be recorded after Township final subdivision approval, in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract but two lots.

LOT AREA

The horizontal land area contained within the lot lines of a lot (measured in acres or square feet).

A. For the purposes of determining compliance with the minimum lot area, the following shall be excluded:

(1) Areas within the "future" or "existing" legal right-of-way of: (i) any proposed or existing public streets of alleys or (ii) any proposed or existing commonly maintained private streets that serve more the one lot. [NOTE: Proposed streets are not required to be excluded in determining density of apartments or townhouses under the Zoning Ordinance (Chapter 27), § 27-402.]

(2) Areas that are currently or will be required to be dedicated as common open space on a separate lot. (NOTE: Proposed common open spaces are not required to be excluded in determining density of apartments or townhouses under § 27-402 of Chapter 27.)

B. For lots for single-family detached or single-family semidetached dwellings, 50% of the areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity shall not be counted towards the minimum lot area. For townhouses and apartments or townhouses under § 27-402.

MAINTENANCE GUARANTEE

Any security which may be accepted by the Board of Supervisors to ensure the structural integrity of accepted improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a period of 18 months.

MARKER

A metal pipe or pin of a least three-fourth-inch outside diameter and at least 30 inches in length.

MONUMENT

A stone or concrete monument with a flat top at least four inches in diameter or square. The bottom sides or radius shall be at least two inches greater than the top to minimize movements caused by frost. The monument shall contain a copper or brass dowel and be at least 30 inches in length.

OPEN SPACE

A parcel or parcels of land within a tract which are designed, intended and suitable for passive recreation by residents of a development or the general public and are, in the opinion of the Board of Supervisors, deserving of protection from development, and shall include floodplains, wetlands, ponds, waterways, steep slopes, alluvial soils and/or woodlands.

[Amended by Ord. 2011-4, 7/7/2011]

PARKLAND

A parcel or parcels of land or an area of water or a combination of land and water which is not occupied by streets; dedicated rights-of-way or rights-of-way proposed for dedication; buildings; and/or off-street parking, and which is dedicated to the Township or which is privately preserved with the approval of the Board of Supervisors. For purposes set forth in § 22-711 of this Chapter, parkland shall have a land area having a square footage suitable for active recreation and shall have adequate access to an existing or proposed public street and shall not have final grades exceeding 4% over all distances of not more than three feet, shall not be within a designated floodplain or wetland area and shall not be encumbered by utility or other easements or restrictions that make such area unsuitable for its intended use.

[Added by Ord. 2011-4, 7/7/2011; amended by Ord. No. 2019-05, 8/1/2019]

PASSIVE RECREATION

Recreation that includes activities that can be conducted on undeveloped areas, and includes but is not limited to activities such as nature programs, walking trails and/or picnicking.

[Added by Ord. 2011-4, 7/7/2011]

PennDOT

The Pennsylvania Department of Transportation.[5]

PLAN, FINAL

A complete and exact plan, with professional engineer's seal and/or professional surveyor's seal, as regulated by the Bureau of Professional and Occupational Affairs and the State Registration Board, affixed and prepared for official recording as required by this Chapter to define property rights, streets and other proposed improvements.

PLAN, PRELIMINARY

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.

PLAN, RECORD

The copy of the final plan which contains the original endorsement of the Lehigh Valley Planning Commission and the Township Planning Commission and which is intended to be recorded with the County Recorder of Deeds.

PLAN, SKETCH

An informal plan, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision. A sketch plan is not mandatory and is not a preliminary plan.

PROFESSIONAL FORESTER

A person who has a bachelor of science or higher degree from a school of forestry accredited by the Society of American Foresters.

PUBLIC NOTICE

A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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.[6]

REGISTERED LANDSCAPE ARCHITECT

A person registered and licensed in the Commonwealth of Pennsylvania under the authority of the current Landscape Architects Registration Law.

REVERSE FRONTAGE LOT

A lot that abuts two approximately parallel streets but only has access onto one street. Newly created lots shall limit access only to the street having the lowest classification, as defined by the Zoning Ordinance, and/or the street with the least anticipated traffic.

RIGHT-OF-WAY

Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, "right-of-way" shall mean the existing street right-of-way line.

RIGHT-OF-WAY, EXISTING OR LEGAL

The line separating a lot from the established official street right-of-way that either the Township or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this Chapter.

RIGHT-OF-WAY, FUTURE OR ULTIMATE

Land that is dedicated or is to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. If a future right-of-way is not required to be defined, then "future right-of-way" shall have the same meaning as "existing right-of-way."

RUNOFF

That part of precipitation which flows over the land.

SALDO

The current Upper Macungie Township Subdivision and Land Development Ordinance.

SANITARY SEWAGE DISPOSAL, ON-LOT

A system to collect, treat and dispose of sewage permitted under local, state and federal law that does not meet the definition of "public sewage disposal system."

SEDIMENTATION

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."

SEWAGE DISPOSAL SYSTEM, PUBLIC

A system owned by a utility, designed to collect, treat and dispose of sewerage serving more than one customer, in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent.

SIGHT DISTANCE

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 1/2 feet above the center line of the road surface and a point two feet above the center line of the road surface, per PennDOT Design Manual 2, Section 2.17B, latest revision.

[Amended by Ord. 2011-4, 7/7/2011]

SIGHT DISTANCE TRIANGLE

An area to be kept free of certain visual obstructions to traffic.

SINKHOLE

A closed, generally circular, depression in the land surface of variable depth and width, characterized by a distinct breaking of the ground surface, and formed by a solution of carbonate bedrock and downward movement of soil into bedrock voids or by collapse of underlying caves.

SLOPE

The vertical change of an area of land divided by the horizontal change, measured in percent.

SOIL STABILIZATION

Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.

STORM SEWER

A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes.

STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff adopted by Lehigh County and the Upper Macungie Township Subdivision and Land Development Ordinance for the Little Lehigh Creek Watershed and the Jordan Creek Watershed, latest update, as provided by the Act of October 4, 1978, P.L. 864, (Act 167), as amended, and known as the "Stormwater Management Act."

STREET

A strip of land, including street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other way used or intended to be used by vehicular or pedestrian traffic, whether public or private.

A. COLLECTOR STREET Designed to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities, and to provide access to the abutting properties.

B. CUL-DE-SAC A local street intersecting another street at one end and terminating in a vehicular turnaround at the other.

C. EXPRESSWAY Designed for large volumes and high-speed traffic with access limited to grade-separated intersections.

D. LOCAL STREET Designed to provide access to the abutting properties and a route to collector routes.

E. MAJOR ARTERIAL STREET Design for large volumes and high-speed traffic with access to abutting properties restricted.

F. MARGINAL ACCESS STREET A local street which is parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic.

G. MINOR ARTERIAL STREET Design to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.

H. PUBLIC STREET A street which has been accepted for dedication by Upper Macungie Township for public use.

I. STUB STREET A 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.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

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; provided, however, that the subdivision by lease of any 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.

SUBDIVSION, MAJOR

Any subdivision of land which does not meet the definition of "minor subdivision."

[Added by Ord. 2011-4, 7/7/2011]

SUBDIVISION, MINOR

A subdivision which does not, by itself or in combination with previous subdivision plans, involve more than a total of three lots and does not involve the provision of any new street or easement for access (i.e., one in which all proposed lots will have frontage on an existing public street), or a boundary line adjustment between property owners where no new lots are created; can be submitted as preliminary/final plan. This definition does not include lot line adjustments, assemblage or adjoiner transfers.

[Amended by Ord. No. 2019-05, 8/1/2019]

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

TOPSOIL

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."

TOWNSHIP ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer.

TREE CONSERVATION AREA

Area within a lot or building area in which all desirable trees six inches or more in diameter, as measured at 4 1/2 feet from the ground, shall be retained. Trees located within 10 feet of a proposed cartway or within a utility corridor, stormwater detention basin, parking area, loading or unloading areas within 20 feet of the foundation areas of a new structure may be removed upon approval by the Township Zoning Officer. In addition, any diseased or hazard trees within this area (as determined by the Township Director of Community Development or Township-designated official) may be removed.

WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT

An on-lot water supply system generally providing for an adequate supply of potable water for one building or a group of buildings on a single lot and in compliance with the Pennsylvania Department of Environmental Protection regulations or Township regulations, whichever may be more stringent.

WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLIC

A public or private utility system designed to transmit potable water from a common source to customers in compliance with the Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever may be more stringent.

WATERCOURSE

Any channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WOODLAND

Areas composed of a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter, measured at 4 1/2 feet from the ground.

WOODLANDS PRESERVATION AREA

A. Area to be protected by covenant in perpetuity, in which the entire extent of such area shall not be altered, graded, compacted or built upon nor used for storage or parking.

B. A woodland preservation area shall not apply to the implementation of a forestry management program prepared by a professional forester to promote development and growth of woodland. Forestry management programs shall be submitted to the Township Director of Community Development or the Township's designated agent for review and approval.

C. Maintenance shall not be considered commercial forestry as permitted under the Upper Macungie Zoning Ordinance (Chapter 27).

[3] Editor's Note: The former definition of "adjoiner transfer," added by Ord. No. 2019-05, 8/1/2019, which immediately followed this definition, was repealed by Ord. No. 2021-14, 12/2/2021.

[4] Editor's Note: This ordinance also repealed the former definitions of "land development, major," as amended, and "land development, minor," as added by Ord. No. 2019-05, 8/1/2019.

[5] Editor's Note: The former definition of "performance guarantee," which immediately followed this definition, was repealed by Ord. No. 2021-14, 12/2/2021.

[6] Editor's Note: The former definition of "recreation land," which immediately followed this definition, was repealed by Ord. 2011-4, 7/7/2011.