[Ord. 174, 12/20/2017]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDINGA 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.
ACCESSORY STRUCTUREA 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.
ACCESSORY USEA use separated from, subordinate to and customarily incidental to the use of the principal building and situate on the same lot.
ALLEYA public or private thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
BLOCKProperty 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.
BUILDINGAny 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.
BUILDING SETBACK LINEA 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.
1. 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.
CARTWAYThe paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.
CLEAR SIGHT TRIANGLEAn 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.
CLOSED DEPRESSIONA 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.
COMPREHENSIVE PLANThe document entitled the "Nazareth Area Multi-Municipal Comprehensive Plan," or any part thereof, adopted by the Board of Supervisors, as amended.
CUTAn 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.
DESIGN STORMThe 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.
DETENTION BASINA basin designed, intended or used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.
DEVELOPERAny 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 UNITA 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.
EASEMENTSA 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.
ENGINEERA professional engineer licensed by the Commonwealth of Pennsylvania.
EROSIONThe removal of surface materials by the action of natural elements.
FILLAny 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.
FLAG LOTAn 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.
FLOODPLAINA 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.
GRADINGChanging 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.
HYDRIC SOILSPoorly drained soils that can support hydrophytic plants, but may not necessarily do so.
IMPROVEMENTSThose physical additions and changes to the land that may be necessary to produce usable and desirable lots.
KARSTA 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 DEVELOPMENTAny 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; 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.
Development in accordance with Section 503.1.1 of the Municipalities Planning Code, as amended.
LANDOWNERThe 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.
LOTA 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.
LOT AREAThe horizontal land area contained within the lot lines of a lot (measured in acres or square feet). Lot area shall not include the following:
1. Areas within future or existing street rights-of-way;
Areas that are currently or will be dedicated as common open space; or
For residential lots only, areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity.
MAINTENANCE GUARANTEEAny 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.
MARKERA metal pipe or pin of at least 3/4 inch outside diameter and at least 30 inches in length.
MOBILE/MANUFACTURED HOME PARKA 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."
MONUMENTA 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.
OPEN SPACEThat 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.
OPEN SPACE, COMMONA parcel or parcels of land within a tract which meets all of the following standards:
1. 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:
A. 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;
Land beneath or within 50 feet of each side of each of the following:
(1) Overhead electrical transmission lines of 35 kilovolts or greater capacity;
The towers/poles supporting such lines.
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.
PA DEPThe Pennsylvania Department of Environmental Protection, or its successors, and its subparts.
PENNDOTThe Pennsylvania Department of Transportation, or its successor, and its subparts.
PERFORMANCE GUARANTEEAny 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.
PHASED DEVELOPMENTDevelopment, 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.
PLAN, FINALA 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.
PLAN, PRELIMINARYA 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, RECORDThe 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.
PLAN, SKETCHAn 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 NOTICENotice as required by the Municipalities Planning Code.
RECREATION LANDLand 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.
REVERSE FRONTAGE LOTA 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-WAYLand 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.
RUNOFFThat part of precipitation which flows over the land.
SALDOThe Upper Nazareth Township Subdivision and Land Development Ordinance of 2017.
SANITARY SEWAGE DISPOSAL SYSTEM, PUBLICA 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.
SANITARY SEWAGE DISPOSAL, ON-LOTAn "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.
SEDIMENTATIONThe 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 DISTANCEThe 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.
SINKHOLEA 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.
SLOPEThe vertical change of an area of land divided by the horizontal change, measured in percent.
SOIL STABILIZATIONChemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
STORM SEWERA 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 PLANThe 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."
STREETA strip of land intended for use as a means of vehicular or pedestrian traffic, whether public or private.
1. 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.
STREET RIGHT-OF-WAY LINEThe 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 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.
STRUCTUREAny 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:
1. 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.
Any structure shall be subject to the principal or accessory setbacks of the Upper Nazareth Chapter
27, Zoning, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by Chapter
27, Zoning.
SUBDIVISIONThe 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.
SUBDIVISION, MINORA 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.
SURVEYORA licensed surveyor registered by the Commonwealth of Pennsylvania.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TOPSOILSurface 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 ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer.
WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOTAn "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.
WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLICA 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.
WATERCOURSEAny channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLANDSAreas 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.
WOODLANDAreas 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.