[Ord. 174, 12/20/2017]
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 Nazareth Township, Northampton County,
Pennsylvania.
G.
The term "Board of Supervisors" means the Board of Supervisors of
Upper Nazareth Township.
H.
The term "Planning Commission" means the Planning Commission of Upper
Nazareth Township.
I.
The term "Board" means the Zoning Hearing Board of Upper Nazareth
Township.
J.
If a word is not defined in this chapter, but is defined in Chapter 27, Zoning, as amended, the definition in that chapter shall apply. If a word is defined in both this chapter and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
K.
Any word or term not defined in this chapter or in Chapter 27, Zoning, as amended, shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.
L.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
M.
All undefined terms used in this chapter which are defined in the
Pennsylvania Storm Water Management Act of 1978,[1] or the Stormwater Management Ordinance of Upper Nazareth
Township adopted in 2005, or as amended,[2] shall have the meaning 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. Other terms or words used herein shall be interpreted or defined as follows in § 22A-202.
[Ord. 174, 12/20/2017]
As used in this chapter, the following terms shall have the
meanings indicated:
A building which is subordinate and accessory to a principal
building on the same lot and which is used for purposes that are clearly
customarily incidental to the uses of the principal building. Any
portion of a principal building used for an accessory use shall not
be considered to be an accessory building.
A structure, such as a private garage or private swimming
pool, serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building.
A use separated from, subordinate to and customarily incidental
to the use of the principal building and situate on the same lot.
A public or private thoroughfare which affords only a secondary
means of access to abutting property and not intended for general
traffic circulation.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
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.
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, equipment
or materials and that a total area under roof of greater than 16 square
feet. "Building" is interpreted as including "or part thereof." See
the separate definition of "structure." Any structure involving a
permanent roof (such as a covered porch or a carport) that is attached
to a principal building shall be considered to be part of that principal
building.
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 LINEThe 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 Chapter 27, Zoning. All yards adjacent to a public or private street right-of-way shall be considered front yards, except in double-frontage lots.
SIDE YARD BUILDING SETBACK LINEThe line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in Chapter 27, Zoning.
REAR YARD BUILDING SETBACK LINEThe line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in Chapter 27, Zoning.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a predetermined distance from the
intersection of the center lines, measured at two feet in height.
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.
The document entitled the "Nazareth Area Multi-Municipal
Comprehensive Plan," or any part thereof, adopted by the Board of
Supervisors, as amended.
An excavation. The difference between a point on the original
ground a designated point of lower elevation on the final grade. Also,
the material removed in excavation.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., fifty-year storm) and duration
(e.g., 24-hour), and used in computing stormwater management control
systems.
A basin designed, intended or used to retard stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
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.
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.
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.
A professional engineer licensed by the Commonwealth of Pennsylvania.
The removal of surface materials by the action of natural
elements.
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.
An irregularly shaped lot characterized by an elongated extension
from a street to the principal part of the lot. The flag shape of
the lot is normally intended to provide for access to an otherwise
landlocked interior parcel.
A relatively flat or low-lying area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
during a one-hundred-year design frequency storm or an area subject
to the accumulation or runoff of surface waters from any source, as
more fully defined by the current edition of the Upper Nazareth Township
Flood Insurance Rate Map and associated floodplain study.
Changing existing topography through cutting or filling by
one foot or more in elevation over an area exceeding 1,000 square
feet or any land disturbance of 4,000 square feet or greater.
Poorly drained soils that can support hydrophytic plants,
but may not necessarily do so.
Those physical additions and changes to the land that may
be necessary to produce usable and desirable lots.
See "performance guarantee."
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.
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:
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.
A subdivision of land.
Development in accordance with Section 503.1.1 of the Municipalities
Planning Code, as amended.[1]
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a lessee (if authorized under the lease to exercise the right of
the landowner), or authorized officers of a partnership or corporation
that is a landowner or other person having a proprietary interest
in land. A person who has clearly received formal notarized powers
of attorney relating to a landowner may act in the capacity of the
landowner, if legally authorized.
The Planning Commission of Lehigh and Northampton Counties.
A separate parcel of land that is recorded or that will be
recorded after Township 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.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). Lot area shall not include
the following:
Any security which may be accepted by the Board of Supervisors
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.
A metal pipe or pin of at least 3/4 inch outside diameter
and at least 30 inches in length.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile/manufactured
homes for nontransient residential use. The individual manufactured
homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in
the same manner as a subdivision of site-built homes and shall not
be considered to be a "mobile home park."
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 steel dowel and be at least
30 inches in length.
That part of a lot, parcel or tract which is unoccupied and
unobstructed by any structure or impervious cover, except recreational
and utility structures, which are permitted. The term "open space"
shall not include any area designed, maintained or used for streets,
roads, highways, driveways or parking areas.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned;
Will be deeded to the Township and/or deed restricted to permanently
prevent uses of land other than "common open space" and noncommercial
recreation; and
Does not use any of the following areas to meet minimum open
space requirements:
Existing or established future street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Township for agricultural
preservation);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
Area(s) deeded over to an individual property owner for his/her
own exclusive use, except for land approved by the Township for agricultural
preservation;
For land intended to be open to the public that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would be reasonably safe and useful for
active or passive recreation during the vast majority of weather conditions;
Portions of land that have a width of less than 20 feet;
Land that includes commercial recreation uses, except as may
specifically be permitted to be counted towards a common open space
requirement by a specific provision of this chapter; and
Land that includes a central sewage treatment plant or a stormwater
facility, except as provided for above.
The Pennsylvania Department of Environmental Protection,
or its successors, and its subparts.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
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.
Development, usually for large-scale projects, where construction
of public and/or private improvements proceeds by section(s) subsequent
to approval of a master plan for the entire site.
A complete and exact plan, with professional engineer's
seal and/or professional land surveyor's seal affixed, and prepared
for official recording as required by this chapter to define property
rights, streets and other proposed improvements.
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 endorsements
of the Lehigh Valley Planning Commission and the Township Planning
Commission and 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. A sketch plan is not mandatory and is not a preliminary
plan.
Notice as required by the Municipalities Planning Code.[2]
Land dedicated to the Township or other entity approved by
the Township for the use of the Township's residents, which is
suitable for active uses such as playing fields. Recreation lands
shall not include areas within the one-hundred-year floodplain, power
line or pipeline rights-of-way, quarries, road rights-of-way, buffer
zones, or stormwater management facilities. Recreation lands shall
not include areas characterized by wetlands, hydric soils, slopes
in excess of 5%, or woodlands.
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.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the future street right-of-way line.
That part of precipitation which flows over the land.
The Upper Nazareth Township Subdivision and Land Development
Ordinance of 2017.
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's regulations
or regulations of the Township, whichever may be more stringent.
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's regulations or regulations of the Township,
whichever may be more stringent.
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."
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
3.5 feet above the center line of the road surface and a point 3.5
feet above the center line of the road surface.
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.
The vertical change of an area of land divided by the horizontal
change, measured in percent.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise improve its engineering properties.
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.
The plan for managing stormwater runoff adopted by Northampton
County for the Monocacy Creek Watershed and the Bushkill Creek Watershed
as required by the Act of October 4, 1978, P.L. 864, (Act 167), and
known as the "Storm Water Management Act."[3]
A strip of land intended for use as a means of vehicular
or pedestrian traffic, whether public or private.
ARTERIAL STREETA major regional highway designed to carry heavy vehicular traffic onto, out of, or through the regional area; subject to necessary control of entrances, exits and curb use.
COLLECTOR STREETA 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.
CUL-DE-SACA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
DEAD-END STREETA street with a single connection with the surrounding road network, which fails to meet the definition of "stub street."
EXPRESSWAYA major highway designed for large volumes and high-speed traffic with access limited to grade separated intersections.
LOCAL STREETA street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.
LOOP STREETA street which intersects only with itself, except for a single connection with the surrounding road network.
MARGINAL ACCESS STREETA 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.
PUBLIC STREETA street which has been accepted for dedication by Upper Nazareth Township for public use.
STUB STREETA 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.
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:
The street right-of-way line shall be not less than 16 1/2
feet from the center line of any existing road or street; and
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.
Any man-made object having an ascertainable stationary location
on, below or in land or water, whether or not affixed to the land,
subject to the following specific standards:
The following specifically shall be considered to be structures:
buildings; signs; stadiums; platforms; communications towers; walkways,
porches or decks that are structurally raised above the underlying
ground level or that are covered by a permanent structure; swimming
pools (whether above or below ground); storage sheds; carports; and
garages; post- or pier-mounted lights; brick or masonry piers; walls;
nonportable basketball backboards; fences and gates.
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 that the division of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access, shall be exempted.
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.
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 professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Township Engineer.
An "on-lot" water supply system generally providing for an
adequate supply of 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.
A public or private utility system designed to transmit water
from a common source to customers in compliance with the Pennsylvania
Department of Environmental Protection's regulations or the Township
regulations, whichever may be more stringent.
Any channel of conveyance of surface water having defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Areas that are inundated or saturated by surface or groundwater
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, or as specifically
described under the official federal definition of wetland.
Areas composed of a grove of trees forming one canopy where
10 or more trees measure at least six inches in diameter, measured
at 4 1/2 feet from the ground.
