A.
As used in these regulations, words in the singular include the plural and those in the plural include the singular. The word "person" includes an individual, estate, trust, firm, corporation, partnership, company, association, incorporated association or government entity and any department, board, bureau or agency thereof, and any other legal entity which is recognized by law, and shall include trustees, receivers, assignees, and similar representatives or entities. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "watercourse" includes channel, creek, ditch, drain, dry run, swale, spring and stream. The words "may" and "should" are permissive; the words "shall," "will," and "must" are mandatory.
B.
The phrases "shall be approved by" and "shall be submitted for approval," et al., do not constitute mandatory approval by an agency or governing body but do mean that the item submitted shall be done to the standards acceptable by the agency and that the agency after reviewing the items finds it acceptable in every detail.
C.
The terms "such as," "including" and the like are intended to introduce matters which are illustrative of the meaning of the sentence, clause or phrase in which such terms appear without limiting or derogating from the general application of the sentence, clause or phrase in which such terms appear. The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character and is considered interchangeable with the phrase "including but not limited to."
D.
In addition to the definitions in this article, additional definitions in this chapter or other ordinances, applicable regulations, or appendices thereto may apply or be called into application by reference. In case of conflict, the more stringent or restrictive definition shall apply.
E. ABUT ACTIVE RECREATION ADJACENT AGENT APPLICANT APPLICATION and APPLICATION FOR DEVELOPMENT APPROVAL CARTWAY CLEAR SIGHT TRIANGLE COMPREHENSIVE PLAN CONSTRUCTION ACTIVITIES(1) (2) COORDINATED DEVELOPMENT COUNTY PLANNING COMMISSION CROSSWALK DEVELOPER DRIVEWAY DWELLING UNIT
EASEMENT FINANCIAL SECURITY HAZARDOUS CONDITION HISTORIC RESOURCE HOMEOWNERS' ASSOCIATION IMPERVIOUS COVERAGE IMPROVEMENTS LAND DEVELOPMENT(1) (a) (b) (2) LEASED UNIT LOT LOT AREA LOT LINE ADJUSTMENT MAINTENANCE SECURITY MANUFACTURED HOME MOBILE HOME MOBILE HOME PARK MOTEL MULTIFAMILY MULTIPLE-FAMILY DWELLING MUNICIPALITIES PLANNING CODE (MPC) MUNICIPALITY OFF-STREET PARKING SPACE OFFICIAL MAP OPEN SPACE OPEN SPACE, COMMON OPEN SPACE, PRIME OWNER PERFORMANCE SECURITY PERMANENT MONUMENT PLAN PLAN, AS-BUILT PLAN, FINAL PLAN, PRELIMINARY PLAN, RECORD PLAN, SKETCH REQUIRED SUBDIVISION IMPROVEMENTS RESUBDIVISION(1) (2) (3) (4) (5) (6) REVIEW SAFE SIGHT DISTANCE SETBACK STREET(1) (2) (3) (4) (5) (6) (7) STREET RIGHT-OF-WAY STREET TRAVEL LANE STRUCTURE SUBDIVISION SUBDIVISION, MAJOR SUBDIVISION, MINOR TOWNSHIP TOWNSHIP ENGINEER TOWNSHIP MANAGER TOWNSHIP STANDARD CONSTRUCTION DOCUMENTS TRACT TRAIL
As used in this chapter, the following terms shall have the meanings indicated:
Any parcel, feature or improvement which is contiguous at any point to another parcel, feature or improvement.
Uses involving leisure-time activities and/or areas, typically involving sports, requiring equipment, or occurring at prescribed sites or fields (e.g., soccer, football, baseball, tennis, swimming, fitness trails, and the like).
Any parcel, feature or improvement which is on the opposite side of a section of a street (public or private) on which the subject parcel, feature or improvement has frontage.
Any person other than the applicant, authorized to act for the applicant, including but not limited to a consultant, contractor, subcontractor, representative, licensee or invitee, who, acting for the applicant, submits to the Township an application for development and/or subdivision or land development plans for the purpose of obtaining review or approval thereof.
A landowner, developer, contract purchaser (equitable owner), or his, her or its authorized agent who has filed a complete application for subdivision and/or land development, including his, her or its heirs, executors, personal representatives, successors, assigns and grantees. Also includes the terms "developer" and "subdivider" as used in these regulations.
Every application for subdivision or land development, whether sketch, preliminary or final, either recommended (sketch), or required (preliminary and final) to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan, or for approval of a land development plan, including the application form itself, all plan sheets, stormwater flow calculations and all other calculations, reports and studies required to be submitted by these regulations or applicable regulation.
The official sanction of plans by an agency, commission or governing body acknowledged by the signatures of authorized representatives.
That portion of the street designed for vehicular traffic.
An area of unobstructed vision at every intersection of a public street, private street or commercial driveway with a public street defined by the center lines of the streets and by a line of sight between points on their center lines at a given distance from the intersection of the center lines.
The official plan, prepared under the direction of the Township Planning Commission, containing recommendations for the continuing development of the Township and including, as a minimum, a statement of objectives, plans for land use, circulation, community facilities and a statement of the relationship of proposed development of adjacent areas.
As applied to land, any change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; or any change which would alter the type or method of wastewater disposal system; any land disturbance.
As applied to buildings or other structures, any change or rearrangement, other than a repair, in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another.
Two or more uses permitted in the appropriate zoning district schedules that are developed in accordance with a unified site plan and architectural scheme, and are either in a single ownership or are legally bound to conform to the aforementioned required unified site plan and architectural scheme.
The Lehigh Valley Planning Commission.
A right-of-way dedicated to public use to facilitate pedestrian access through a subdivision block.
See "applicant."
A vehicular passageway from a public street, alley, or private street that leads to a parking area or parking space.
A single residential unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, categorized into the following types:
ATTACHED DWELLING UNITS — Multiple dwelling units, whereby all dwelling units are structurally attached to at least one other dwelling unit. | |
MULTI-UNIT DWELLING UNITS — | |
APARTMENT — Attached dwelling units divided both horizontally and vertically. | |
TOWNHOUSE — Attached dwelling units divided vertically. | |
THREE-FLAT — Three-unit attached dwelling units divided horizontally. Three-flats are generally characterized by three dwelling units, each occupying one floor, served by a single street-facing outside entrance which accesses the lower floor's interior entrance and a stairwell leading to the upper floors' interior entrances. Separate rear entrances may be provided for each dwelling unit. | |
TWO-UNIT DWELLING — A building containing two dwelling units. | |
TWIN — Two attached dwelling units divided vertically. | |
TWO-FLAT — Two attached dwelling units divided horizontally. Two-flats are generally characterized by two dwelling units, each occupying one floor, served by a single street-facing outside entrance which accesses the lower floor's interior entrance and a stairwell leading to the upper floor's interior entrance. Separate rear entrances may be provided for each dwelling unit. | |
SINGLE DETACHED DWELLING UNIT — A single unit, not structurally attached to any other dwelling units, providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Includes "manufactured home" and "industrialized housing unit." | |
A right to land generally established in a real estate deed to permit the use of land by the public, a corporation, or particular persons for specified uses.
Performance security and maintenance security, as applicable.
Any condition that is hazardous to life, health or property or which would render property uninhabitable until such hazard is removed or safeguarded.
A site, object, building, historic structure, monument or landmark that is listed on the National Registry of Historic Places or designated by the Township Board of Commissioners as a historic resource having unique historical, architectural, or patriotic interest or value.
A nonprofit organization of homeowners or property owners, planned and operated pursuant to the Pennsylvania Uniform Planned Community Act (68 Pa.C.S.A. § 5101 et seq.) or the Pennsylvania Uniform Condominium Act (68 Pa.C.S.A. § 3101 et seq.) under approved rules and regulations, for the purpose of administering to the needs of residents through the maintenance of community-owned property or facilities.
Any surface or material which is impenetrable or unable to absorb water, or allow for groundwater recharge, including but not limited to buildings, structures, roof overhangs, and paved areas, including parking areas, driveways, streets, sidewalks, and other such areas in concrete, stone, or asphalt. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall also be considered as contributing to total impervious cover.
Any and all physical improvements, additions, changes, enhancements, augmentations, conditions, common amenities and facilities to the land (whether or not the same are intended to be offered for dedication). Improvements shall include, but not be limited to, streets (including but not limited to: curbing, base course, binder course, wearing course, subbase, excavation to rough grade, saw cutting and milling), erosion and sedimentation control facilities [including but not limited to: any proposed temporary E&S measures, rock construction entrance(s), silt fences, tree protection fences, baffles, temporary seeding of stockpiles, matting and inlet protection], stormwater management facilities [including but not limited to: swales, piping, inlets, manholes, end walls, head walls, outlet structures, level spreaders, detention basins (including topsoil and seeding), catch basins, fencing around detention basins, swale grading, stone backfill, anti-seep collars, rip-rap and conversion from sedimentation basins], landscaping (including but not limited to: deciduous trees, evergreen trees, evergreen shrubs, perennials/grasses and buffer and screening plantings) street trees, streetlights, recreation paths and sidewalks (including but not limited to: excavation to rough grade and materials), walking paths and gazebos, corner iron pins and concrete monuments, striping and signage (traffic signs, street signs, etc.), utility trenching/installation for phone, cable, electric, etc., including backfill material, open space and recreation area improvements, clearing and grubbing, replacement of topsoil, traffic control signage and site preparation.
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.
A building or a portion of a building or a lot or a portion of a lot which is leased or rented within a subdivision.
A designated parcel, tract or area of land held in single and separate ownership, and established by a plat or otherwise as permitted by law, occupied by or which may be occupied by a use, structure, or building and its accessory building or buildings and including the yard and other open space required by the Township's Zoning Ordinance.[1] "Lot" shall also mean parcel, plot, site, or any similar term.
An area of land which is determined by the lot lines of an individual lot and expressed in terms of square feet or acres. Any portion of a lot included within the street right-of-way shall be excluded from the calculation of lot area.
See definition of "resubdivision."
An irrevocable letter of credit, cash escrow or other manner of financial guaranty permitted by the MPC in an amount equal to 15% of the estimated cost of the required subdivision improvements, as security for the structural integrity and proper operation and maintenance of the required subdivision improvements.
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet in width or 40 body feet in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling (single detached dwelling unit) with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure which meets the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401 to 5426).
A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For purposes of this chapter, travel trailers are not considered as mobile homes.
A parcel of land which has been planned and improved for the placement of mobile homes and manufactured homes occupied for dwelling or sleeping purposes and for nontransient use.
A facility, which contains two or more guestrooms and provides lodging to guests for compensation, where at least 25% of all rooms have direct access to the outside without the necessity of passing through the main lobby of the building, and which may have a restaurant and other services as a part of the compensation, which may be provided with one or more of the following: accessory off-street parking facilities, restaurant, swimming pool, meeting room and other accessory facilities. The term "motel" includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include mobile or immobile trailers.
Same as "multiple family."
A building providing separate units for three or more families, including apartments as defined by the Township Zoning Ordinance.[2]
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101 et seq.
Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class through eighth class, home rule municipality, or any similar general-purpose unit of government which shall hereafter be created by the General Assembly.
A space not less than 166.5 square feet required to park one passenger vehicle and which area shall be measured exclusive of access drives.
The Official Map of South Whitehall Township, dated May 26, 2010, or as amended from time to time.
A lot, or portion thereof, of land or water, essentially unimproved and set aside, designated, or reserved for public or private use or for the use and enjoyment of owners, occupants, and their guests.
Open space that meets the minimum requirements described in § 312-36D(4)(b)[2] but does not meet the requirements of prime open space as described in § 312-36D(4)(b)[3].[3]
[Amended 3-20-2019 by Ord. No. 1043]
Open space that meets the minimum requirements for both common open space, as described in § 312-36D(4)(b)[2] and prime open space, as described in § 312-36D(4)(b)[3].
[Added 3-20-2019 by Ord. No. 1043]
The owner of record of a parcel of land.
An irrevocable letter of credit, cash escrow or other manner of financial guaranty permitted by the MPC guaranteeing the full and proper construction, erection, installation, completion and inspection of the required subdivision improvements and other obligations undertaken by the applicant with respect to the applicant's plans and related submissions, the development of the applicant's lot as described or shown on the plan, the resolution ultimately approving the plans, the Township's regulations, the required subdivision improvements and agreements executed by the applicant or relating to any of the foregoing.
Any structure of masonry permanently placed in the ground, including any expressly placed for surveying reference.
A "plan," as used in these regulations, shall be a map of certain described land showing land boundaries together with all data essential to the description and identification of the units shown thereon and prepared as an instrument for recording of real estate interests with the County Recorder of Deeds.
An as-built plan is an original contract, layout, or subdivision plan which has been revised to show the actual final locations, dimensions, etc., of buildings and/or municipal improvements actually constructed, lot lines and/or street lines.
A complete and exact subdivision map prepared for official recording and drawn and submitted in accordance with the requirements of these regulations and including all necessary supporting documents.
The preliminary map or maps of a proposed subdivision drawn and submitted in accordance with the requirements of these regulations and including all necessary supporting documents.
The copy of the final plan which contains the original endorsements of the Township Planning Commission, Board of Commissioners, and County Planning Commission, and which is intended to be recorded with the County Recorder of Deeds.
The sketch map or maps of a proposed subdivision drawn and submitted in accordance with the requirements of these regulations.
Those improvements for which the applicant must deliver performance security and/or maintenance security pursuant to these regulations and/or other governmental entity or authority with jurisdiction over the application.
A proposal between two abutting, existing, legally approved and recorded lots.
A common lot line is proposed to be adjusted in terms of its location or configuration.
The land area of each lot may be different after adjustment, but the total lot area of the two lots will be unchanged.
No alteration will occur to the perimeter boundary lines.
Neither lot will violate the applicable dimensional requirements of the Zoning Ordinance[4] as a result of the lot line adjustment, or appropriate relief has been granted by the Zoning Hearing Board.
Possible reasons for lot line adjustments include but are not necessarily limited to:
The official examination of plans of subdivisions as required by law by appropriate agencies, commissions, and bodies and designated by the signature of an authorized representative.
The distance along a public or private street in which a driver of a stopped vehicle on a driveway, access drive or intersecting street needs to safely pull out and enter onto the main road. See Pennsylvania Code, Title 67, transportation, Chapter 441, Access to and Occupancy of Highways by Driveways and Local Roads.
A setback denotes the minimum distance between a use, building or structure and a lot line, boundary, natural feature or right-of-way line. The name of the setback or other accompanying words shall identify the particular lot line, boundary, feature, or right-of-way line involved.
Any avenue, boulevard, road, lane, parkway, viaduct, or other way for the movement of vehicular traffic which is an existing state, county or Township roadway, or way shown upon a plan and includes the land between street or right-of-way lines, whether unimproved or improved, with pavement, gutters, sidewalks, parking areas and other areas within the right-of-way.
ALLEYA thoroughfare having right-of-way width of 20 feet or less, regardless of how named, providing rear and/or side access to lots. Alleys shall not be considered fronting streets.
ARTERIAL STREET or HIGHWAYA major regional or local highway, including an expressway, freeway, interstate or intrastate highway, as well as selected suburban or rural streets which are designed to carry large volumes of vehicular traffic through the minimization of access points and provision of passing and/or turning lanes.
COLLECTOR STREETA street or road designed to carry vehicular traffic between one or more residential or nonresidential areas and a major system of arterial streets and highways, or from one part of a municipality to another part of that same municipality.
CUL-DE-SACA short dead-end street terminating in a vehicular turnaround area.
LOCAL STREETA street or road designed to carry vehicular traffic from one or more individual residential or nonresidential units to or from a collector street.
STUB STREETA street or road extending from within a subdivision boundary and terminating therein 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.
PRIVATE STREETStreets that have not been accepted by the Township for dedication.
That portion of land dedicated to public use for street or utility purposes.
The designated width of roadway pavement to carry through traffic and to separate it from opposing traffic, traffic occupying other travel lanes, a parking lane or the shoulder. The travel lane may be designated by pavement markings. If the travel lane is not designated on both sides by pavement markings, the travel lane shall be 12 feet in width as measured from an adjoining pavement marking or from the center line of the road or from the edge of another travel lane (should the road contain more than two unmarked travel lanes). The inner edge of the travel lane is always closest to the center line of the street; the outer edge of the travel lane is always the most distant from the center line of the street.
Any man-made object constructed or erected on or in the ground or water or upon another structure or building and having an ascertainable stationary location. This definition shall not include walks or driveways as structures.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other division of land, including changes in existing lot lines for the purpose, whether immediate or future, of the 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 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. For the purpose of these regulations, the term "subdivision" shall also include, but not be limited to, the following:
All subdivisions, including land developments not classified as minor subdivisions or resubdivisions.
Any subdivision for residential purposes only, containing no more than five lots and not requiring any new street or road or involving the extension of any municipal or other centralized sewage disposal or water supply services and not involving significant stormwater and/or erosion control issues. The Board of Commissioners may require a standard major plan submission in place of a minor plan when conditions warrant it, at the advice of the Township Planning Commission.
The Township of South Whitehall in Lehigh County, Pennsylvania.
The Engineer for the Township of South Whitehall.
The Manager of South Whitehall Township as appointed by the Board of Commissioners. In the event of a vacancy in the Township Manager's office, the Township employee that has assumed the role of Acting Manager shall be deemed to be the Township Manager for purposes of these regulations.
The Township and Township Authority's standard construction specifications and standard construction details as adopted, and as amended from time to time, by the Township and/or Authority.[5]
A parcel of land, the dimensions and extent of which are determined by the latest official records or by the latest approved recorded map of a subdivision of which the tract is a part. A tract may include lands covered by more than one legal description.
A path constructed for pedestrian, biking and other nonmotorized forms of travel, including any ancillary furnishings, that is constructed to a standard approved by South Whitehall Township and confined within an easement or right-of-way.