Other terms or words
used herein shall be interpreted or defined as follows:
ACCESSORY BUILDING OR STRUCTURE
A building or structure detached from and subordinate to
the main building situate on the same lot and used for purposes customarily
incidental to the main building. The term "accessory building or structure"
shall include private garages, garden sheds, barns, playhouses, greenhouses,
swimming pools and tennis courts.
ACCESSORY USE
A use separated from, subordinate to and customarily incidental
to the use of the principal building and situate on the same lot.
ALLEY
A public or private thoroughfare, with a right-of-way 20
feet or less which affords only a secondary means of access to abutting
property and not intended for general traffic circulation. An alley
is not considered a street.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
BLOCK
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.
BUILDING
Any structure, either open or enclosed, having a roof supported
by columns, piers or walls, intended for the shelter, housing enclosure
of persons, animals or chattel. The term "building" shall at all times,
unless otherwise indicated, be interpreted as including the words
"or a part thereof."
BUILDING SETBACK LINE
A line which designates the minimum distance between any
building and the adjacent street right-of-way or property line, whichever
is closer. This line shall be measured from a point or points formed
by the intersection of a vertical building wall with the ground (or
in the case of a cantilevered building, at the vertical plane which
coincides with the most projected surface), to the street right-of-way
or property line, whichever is closer.
FRONT YARD BUILDING SETBACK LINE – The line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27]. All yards adjacent to a public or private street right-of-way shall be considered front yards (see also "reverse frontage lot").
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SIDE YARD BUILDING SETBACK LINE – The line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27].
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REAR YARD BUILDING SETBACK LINE – The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27].
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CARTWAY
Portion of a street, alley or highway used for vehicular
traffic.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at intersections defined by
the center lines of the travel lanes and by a line of sight between
points on said center lines at a predetermined distance from the intersection
of the center lines, measured at two feet in height.
[Amended by Ord. 2017-02, 1/19/2017]
CLOSED DEPRESSION
A part of the land surface of a lot, parcel or tract which
drains internally, and which generally has sunk to a variable depth
and is generally characterized by a downward movement of soil into
bedrock voids without breaking the ground surface.
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., twenty-four-hour), and used in computing stormwater management
control systems.
DETENTION BASIN
A basin designed, intended or used to retard stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
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 room or group of rooms located within a residential building
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating by
one family. For the purposes of facilities where residents are housed
in rooms but are provided with meals and other services utilizing
common facilities, such as nursing homes, life care centers, hospitals
and the like, a "dwelling unit" shall be considered to be three such
residents (beds).
[Amended by Ord. 2017-02, 1/19/2017]
EASEMENTS
A liberty, privilege or advantage which one has in the lands
of another for a precise and definite purpose, subordinate to, but
not inconsistent with, the owner's general property rights.
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 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
A relatively flat or low lying area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
during a five-hundred-year design frequency storm or an area subject
to the accumulation or runoff of surface waters from any source.
GRADING
Changing existing topography through cutting or filling by
two feet or more in elevation over an area exceeding 1,000 square
feet.
HIGH VOLUME DRIVEWAY
A driveway used or expected to be used by more than 1,500
vehicles per day or as otherwise defined by 67 Pa.Code, Chapter 441.
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.
KARST
A type of topography that is formed over limestone, dolomite,
or gypsum by bedrock solution, and that is characterized by closed
depressions or sinkholes, caves and underground drainage.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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.
(b)
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, condominium, building groups or other features.
(3)
Development in accordance with § 503.1.1 of the Municipalities
Planning Code, found at 53 P.S. § 10503.1.1.
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 deemed
to be a landowner for the purpose of this chapter. The Township shall
not be considered as a landowner for the purpose of this chapter.
LOT
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.
LOT AREA
The total surficial area contained within the property lines
of a lot, exclusive of public and private streets and areas devoted
to the following:
[Amended by Ord. No. 2020-05, 10/1/2020]
(1)
Ultimate and legal street rights-of-way;
(2)
Access or drainage easements serving another principal use and/or
lot;
(3)
Sanitary sewer and water easements serving another principal
use and/or lot;
(4)
Utility pipeline easements and/or rights-of-way;
(5)
Land within easements and/or rights-of-way for overhead or underground
electric transmission lines;
(6)
Stormwater management structures, pipes and/or swales (including
all easements related thereto) intended to serve another principal
use and/or lot;
(7)
Riparian buffers identified or regulated by the commonwealth
or the Township;
(8)
Permanent and open bodies of water;
(9)
The 500-year floodplain and 100-year floodplain as identified
by the US Army Corps of Engineers;
(10)
Wetlands, as defined by commonwealth or federal law; and
(11)
Existing slopes of 25% or greater.
LOW VOLUME DRIVEWAY
A driveway used or expected to be used by more than 25 but
less than 750 vehicles per day or as otherwise defined by 67 Pa.Code,
Chapter 441.
MAINTENANCE GUARANTEE
Any security which may be accepted by the Board of Commissioners
to insure 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 3/4-inch outside diameter
and at least 30 inches in length.
MANUFACTURED HOME COMMUNITY
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
MANUFACTURED HOME LOTS
A parcel of land in a manufactured home community, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
MEDIUM VOLUME DRIVEWAY
A driveway used or expected to be used by more than 750 but
less than 1,500 vehicles per day or as otherwise defined by 67 Pa.Code,
Chapter 441.
MINIMUM LOT AREA
The minimum land area required for the creation of a lot or associated with a principal use as specified in the Township Zoning Code (Chapter
27) or this chapter.
[Added by Ord. No. 2020-05, 10/1/2020]
MINIMUM USE DRIVEWAY
A residential or other driveway that is used or expected
to be used by not more than 25 vehicles per day or as otherwise defined
by 67 Pa.Code, Chapter 441.
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
Part of a lot, parcel or tract which is intended for common
use, which is at least 20 feet away from, and unoccupied and unobstructed
by any utility structure. The term "open space" shall not include
any area designed, maintained or used for streets, roads, highways,
driveways or parking areas.
PENNDOT
The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEE
Any security which may be accepted by the Board of Commissioners
to guarantee that the proper construction of improvements be made
by the developer as a condition for the approval of the plan.
PLAN, FINAL
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.
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.
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 less than seven days from the date of the hearing.
RECREATION LAND, ACTIVE
Land dedicated to the Township for the use of the Township's
residents which is suitable for active uses such as playing fields.
The term "recreation land, active" shall not include areas within
the one-hundred-year floodplain, power line or pipeline rights-of-way,
quarries, road rights-of-way, buffer zones, stormwater management
facilities, areas characterized by wetland, hydric soils, slopes in
excess of 5% or woodlands.
RECREATION LAND, PASSIVE
Land dedicated to the Township or other entity approved by
the Township, for the use of the Township's residents and which
is suitable for passive recreation such as walking, fishing and other
personal recreation uses not involving playing fields, structures,
or active-use facilities. The term "recreation land, passive" may
include areas within the one-hundred-year and five-hundred-year floodplain,
power line or pipeline rights-of-way, and areas characterized by wetland,
hydric soils, woodlands, or slopes in excess of 5%, but this term
shall not include areas within quarries, road rights-of-way, non-power
and non-pipeline utility rights-of-way, buffer zones, storm management
facilities or other areas not suitable for passive recreation activities.
REVERSE FRONTAGE LOT
A parcel designed such that individual residential uses abut
a street on both the front and the rear, with vehicular access from
only one street. A lot will only be deemed a reverse frontage lot
if access is from a local street.
RIGHT-OF-WAY
Land set aside or designated for public or private streets,
roadways, sidewalks, curbs and the installation of public utilities.
The term "right-of-way" shall include the ultimate or future right-of-way.
RUNOFF
Part of precipitation which flows over the land.
SALDO
The Lower Macungie Township Subdivision and Land Development
Ordinance of 1998.
SANITARY SEWAGE DISPOSAL, ON-LOT
An "on-lot" septic tank disposal system generally providing
for disposal of effluent for only one building or a group of buildings
on a single lot, and provided in compliance with Pennsylvania Department
of Environmental Protection regulations or regulations of the Township,
whichever may be more stringent.
SEWAGE DISPOSAL SYSTEM, PUBLIC
A public or private utility system designed to collect, centrally
treat and dispose of sewage from more than one customer, in compliance
with Pennsylvania Department of Environmental Protection regulations
or regulations of the Township, whichever may be more stringent.
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."
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
4.5 feet above the center line of the road surface and a point 0.5
feet above the center line of the road surface.
SINKHOLE
A localized sinking of land surface to a variable depth generally
characterized by a roughly circular outline and a downward movement
of soil into bedrock voids.
SLOPE
The face of any embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
in a percentage based upon vertical difference in feet per 100 feet
of horizontal distance.
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 ORDINANCES
The ordinances managing stormwater runoff known as the "Little Lehigh Basin Stormwater Management Ordinance of Lower Macungie Township" adopted in 1988 and the "Perkiomen Creek Headwaters Act 167 Stormwater Management Ordinance of Lower Macungie Township" adopted in 2011 [Chapters
23A and
23B].
STORMWATER MANAGEMENT PLANS
The plans for managing stormwater runoff adopted by Lehigh
County for the Little Lehigh Creek Watershed and the Perkiomen Creek
Headwaters as required by the Act of October 4, 1978, P.L. 864, (Act
167), and known as the "Storm Water Management Act," 32 P.S. § 680.1
et seq.
STREET
A strip of land intended for use as a means of vehicular
or pedestrian traffic, whether public or private.
ARTERIAL STREET OR HIGHWAY – A major regional highway
designed to carry heavy vehicular traffic into, out of, or through
the regional area.
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COLLECTOR STREET – A street designed to carry a moderate
volume of traffic to intercept local streets, to provide routes to
arterial roads and to community facilities and to provide a limited
amount of access to the abutting properties.
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CUL-DE-SAC – A local street intersecting another street
at one end, and terminating in a vehicular turn-around at the other.
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DEAD END STREET – A street with a single connection with
the surrounding road network which fails to meet the definition of
"sub street" or "cul-de-sac."
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EXPRESSWAY – A major highway designed for large volumes
and high speed traffic with access limited to grade separated intersections.
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LOCAL STREET – A street designed to provide access to
the abutting properties and a route to collector streets.
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LOOP STREET – A street which intersects only with itself,
except for a single connection with the surrounding road network.
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MARGINAL ACCESS STREET – A local street which is parallel
to and adjacent to an expressway, or an arterial road, and which provides
access to abutting properties and protection from through traffic.
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PUBLIC STREET – A street which has been accepted for dedication
by Lower Macungie Township for public use.
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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.
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STREET RIGHT-OF-WAY LINE
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line; provided, that:
(1) the street right-of-way line shall not be less than 16 1/2
feet from the center line of any existing road or street, and (2)
where a future right-of-way width for a road or street has been officially
established, then the street right-of-way shall be the side line of
the future right-of-way so established.
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.
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.
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.
WATERCOURSE
Any channel of conveyance of surface water having defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
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.
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.