[Ord. No. 2019-10, 8/1/2019]
1.
The following words and phrases shall have the meanings hereinafter
indicated, unless the text clearly states an alternative or different
meaning.
2.
Words in the present tense shall include the future tense.
3.
Words used in the singular shall include the plural and those in
the plural shall include the singular.
4.
Any word, term or phrase used in this chapter, but not specifically
defined herein, shall first be given their normal and customary meaning
as found in The Latest Illustrated Book of Development Definitions,
New Expanded Edition, published 2017. Should the term not be defined
in the aforementioned publication, the definition as listed in the
most recent edition of Webster's New Collegiate Dictionary shall apply.
[Ord. No. 2019-10, 8/1/2019]
As used in this chapter, the following terms shall have the
meanings indicated:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth to conduct activities permitted under Act 16 of 2016[1] and registry.
One combined ingress/egress point, or one clearly defined
ingress point and one clearly defined egress point, separated by an
appropriate distance.
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, sheds, barns, fences, greenhouses,
swimming pools and tennis courts. However, the following shall not
constitute an accessory building or structure: Bus, full trailer,
house trailer, modular housing unit, school bus, school vehicle, trailer,
truck, truck-camper, truck tractor, railroad car, travel trailer,
shipping containers or any type of container used as a trailer previously,
or miniature dwelling units colloquially known as "tiny houses."
A use separated from, subordinate to and customarily incidental
to the use of the principal building and situate on the same lot.
A use by means of site redevelopment or construction fit-out
of an existing structure that substantially changes the character,
operation or use of the existing site or building.
An establishment which has a predominant portion of its stock
in trade, books, magazines, photographs, pamphlets, newspapers, story
papers, comic books, writings or other materials which emphasize matter
depicting, describing or relating to specified sexual activity or
specified anatomical areas as described hereinafter.
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple or
areola covered, or any combination thereof, for observation by patrons
or customers, also known as pornography. Additionally, it may be an
enclosed building or outdoor theater used for the presentation of
motion pictures, slides or video tapes, disks, magazines or other
similarly reproduced images distinguished or characterized by an emphasis
on matter which depicts, describes or relates to specified sexual
activities or the specified anatomical areas noted above. The establishment
could also sell "marital aids," adult toys or other devices or objects
that facilitate sexual pleasure. Motion pictures rated "G," "PG,"
"PG-13," and "R" by the Motion Picture Academy of America are not
adult movies for purposes of this definition.
The portion of the original tract in the AP District upon
which residential development is not allowed and which is permanently
preserved under the applicable provisions of this chapter. Only the
following uses are permitted on the agricultural residue: agricultural
uses, farmstead, schools, places of worship, municipal outdoor recreational
uses, utility uses, emergency services, municipal public works and
utility uses, wireless telecommunications towers and antennas, bed-and-breakfast
use, and no-impact home occupation.
For purposes of this chapter, the term "agricultural uses"
shall refer to the following uses: agriculture, animal husbandry,
boarding kennel, boarding stable, grazing and pasturing, horticulture,
nursery, greenhouse, riding stable, sale of agricultural products
at roadside stand, vineyard and accessory winery, wildlife sanctuary,
and accessory regulated recreational agricultural activities including
hayrides, corn mazes, haunted attractions, Christmas villages, holiday
light displays, etc.
A public or private thoroughfare, with a right-of-way of
20 feet or less which affords only a secondary means of access to
abutting property and is not intended for general traffic circulation.
A change or rearrangement in any structural part of an existing
facility, building or structure or in an exit or entrance, or an enlargement
thereof, whether by extension of a side or by an increase height or
by a movement of any or all of a structure from one location or orientation
to another.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers. Such devices shall
not be deemed a public utility or public use.
Various forms of entertainment, including miniature golf,
driving ranges, batting cages, go-karts, paintball, athletic contests,
or all other forms of diversion, sport, recreation, pastime, shows,
exhibitions, contests and displays. Fairgrounds, rides, carnivals,
fairway games of chance or skill for prizes, exotic animal exhibition
or any vehicle racing other than go-karts shall be specific excluded
from this defined use.
A device, other than an audio or video jukebox, that is used
or designed to be used to provide amusement or entertainment to the
user for a fee, and shall include, but shall not be limited to, pinball
machines, video display games, billiard tables, simulated sport machines
and biorhythm machines.
The raising and keeping of livestock, poultry, or other animals.
The raising and keeping of four or less household pets shall not constitute
animal husbandry.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals. Such devices shall not be
deemed a public utility or public use.
The measurement of the overall vertical length of the antenna
and its support structure above the average finished grade. If such
system is located on a building or other structure, the overall vertical
length shall be measured and shall include the height of the building
upon which the antenna and its structure is situate.
Any structure, mast, pole, tripod or tower, including all
guy wires and braces that is or could be utilized for the purpose
of supporting an antenna or antennas if approved by the Township.
[Amended by Ord. No. 2020-01, 2/6/2020]
A dwelling unit contained in a building, structure or part
thereof, leased to an occupant for residential purposes.
Building siding or cladding that uses or resembles authentic
traditional materials which is textured, matte and nonreflective.
Siding resembles traditional cedar shake, dutch lap, board and batten,
scalloped, hardieboard or straight wood grained in finish. Authentic
and manufactured brick and stone surfaces shall also be considered
architectural grade cladding. Examples may be found in the Lower Macungie
Township Design Guidelines.[2]
An establishment that includes work space or studio space
to accommodate the work of artists, sculptors, craftsmen, etc., for
the fabrication or creation of, but not limited to, paintings, sculpture,
pottery, photography, carvings, specialty items such as clocks, handmade
or refurbished furniture, custom clothing, custom jewelry and the
like. In no circumstance shall this use include the production or
sale of any food or beverage. Gallery and sales area shall be no more
than 40% of the structure or entire use area, whichever is lesser.
A lot, parcel, tract building or structure used for the display, sale or rental of more than one new or used motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, boats or transportable mobile or manufactured homes in operable condition. Repair or maintenance work shall be considered as a separate accessory use to the extent it is provided for vehicles held on the lot for sale or lease. The term "automobile and other motor vehicle, mobile home, boat or recreational vehicle sales" shall not include a mobile home or manufactured home park or a junkyard. Outside storage and display of motor vehicles, boats or manufactured homes shall be permitted as an accessory use of this principal use, provided all motor vehicles available for customer operation shall be parked in spaces designed in accordance with § 27-2303, "Design Standards for Off-Street Parking Facilities," particularly § 27-2303, Subsection 1.
A lot, parcel, tract, building or structure where repairs
of motor vehicles are conducted, not including sale thereof. The term
"automotive and other motor vehicle repair garages" includes retail
sales of gasoline and auto parts and the storage of vehicles being
serviced. The term "automotive and other motor vehicle repair garages"
includes a lot, parcel, tract, building or structure where repairs,
including mechanical and body work, straightening of body parts, painting
and body work, straightening of body painting, welding, storage of
automobiles not in operating condition or other work involving noise,
glare, fumes, smoke or other similar characteristics are performed.
For the purposes of this chapter, this term shall also include facilities
engaged in closely similar repairs of boats.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network. Such devices
shall not be deemed a public utility or public use.
A nonindustrial commercial retail business that conducts
on-site baking and preparation of baked goods, confections and other
similar food for purchase and consumption. This use may include accessory
cafe or dining area for patrons either inside or outside accessory
to the primary function.
A story of a building or structure having 1/2 or more of
its height (measured from floor to ceiling) below the average elevation
of the finished grade. A basement shall be counted as a story for
the purpose of height measurements or determining square footage,
only if the vertical distance between the ceiling and the average
elevation of the finished grade is more than five feet, or if the
basement is used for a business or as a dwelling unit.
A private single-family detached dwelling unit which provides
overnight sleeping accommodations and bathroom access to guests for
a per night charge.
See "sign."
The Zoning Hearing Board of the Township of Lower Macungie.
The Board of Commissioners of the Township of Lower Macungie.
A building, buildings, or land used for the raising, boarding,
training, or breeding of six or more dogs, cats, or other small animals
at least four months of age that is regulated by the Pennsylvania
Department of Agriculture. A kennel is not a facility for horses,
cows, poultry, or other animals normally associated with animal husbandry,
nor are reptiles or amphibians permitted under this use.
A building or structure used to shelter or feed two or more
individuals not members of the operator's family, by prearrangement
and for definite periods of time.
An industrial beverage processing use greater than 50,000
square feet that brews or distills and packages beer or spirits for
mass distribution and consumption off site. Industrial breweries or
distilleries have no food or alcohol service on site, nor does an
industrial brewery or distillery host any special, seasonal or social
events within its facilities such as tours, holiday or seasonal celebrations
or the like.
A beverage processing use less than 50,000 square feet that
brews and packages beer for distribution and consumption on or off
site. A craft brewer may have indoor or outdoor alcohol service and
food/restaurant service, or on-site food trucks as customary and incidental
accessory uses. Programming and events may also be scheduled for the
facility such as tours, corporate or social events, or holiday or
seasonal celebrations.
A restaurant use that includes the brewing, bottling and
service of beer on site for consumption as a customary and incidental
accessory use to primary food preparation and service.
A continuous open space or landscaped area that may include
fences, walls, berms or any combination thereof used to physically
separate or screen one use or property from another so as to visually
shield or block noise, lights or other nuisances.
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."
The aggregate area of any and all floor area of enclosed
or roofed principal and accessory buildings or structures. Such area
shall be computed by using outside building or structure dimensions
of the ground floor measure on a horizontal plane.
When used in this chapter shall refer to any and all building
codes adopted by Lower Macungie Township, including, but not limited
to, the Pennsylvania Uniform Construction Code (UCC), International
Building Code (IBC), International Construction Code (ICC), International
Fire Code (IFC), International Property Maintenance Code (IPMC), etc.
The percentage of a lot covered by buildings or structures;
the "footprint" of the building or structure.
See "height of building or structure."
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.
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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 this chapter. 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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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 this chapter.
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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 this chapter.
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A line drawn parallel to the line of the lot at that portion
of the building or structure closest to the lot line, including sun
parlors, covered porches (but not steps).
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for remuneration or gain or the
occupancy or use of a building or premise or any portion thereof for
the transaction of business or the rendering or receiving of professional
services. A no-impact home-based business shall not be considered
a business, per the Pennsylvania Municipalities Planning Code.
See "office."
A building or portion thereof used for the manual or mechanical
washing of automobiles and other similar vehicles. Where a vehicle
enters one side and receives washing on a mechanical track or belt
or drives through the structure while being cleaned, the use shall
also be considered a drive-through use.
Limestone or dolomite rock formations formed by carbonate
sedimentation in shallow sea waters.
The individual designated by a patient to deliver a form
of medical marijuana as permitted by Pennsylvania Act 16 of 2016.[3]
That portion of a street, alley or highway used for vehicular
traffic.
See "basement."
A lot, parcel, tract, building or structure used for burial
of deceased humans or animals.
A line equidistant from and parallel to the street, road,
alley or highway right-of-way lines.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification or identification card by
the Commonwealth of Pennsylvania pursuant to the Act.
An area of unobstructed vision at intersections defined by
the centerlines of the travel lanes and by a line of sight between
points on said centerlines at a predetermined distance from the intersection
of the centerlines, measured at two feet in height.
An entity that:
Holds a permit both as a grower/processor and a dispensary under
the Act; and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
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.
A building, structure, lot or part thereof, used to operate
a nonprofit club or social organization, for the exclusive use of
the members of the club or social organization, and which is not an
adjunct to, operated by or in connection with a restaurant, cafe or
other public place. If a club, lodge, or social building contains
or is used in connection with a health club or fitness center (see
"health club; fitness center") or a golf course (see "golf course"),
the building, lot or part thereof so used shall be deemed a health
club or fitness center or a golf course. Food and drink service and
dining for members as part of a club, lodge or social building shall
be considered customary and incidental to the use.
The mounting or installing of an antenna facility on a preexisting
structure, and/or modifying a structure for the purpose of mounting
or installing an antenna facility on that structure.
[Amended by Ord. No. 2020-01, 2/6/2020]
A business or establishment that includes a commercial grade
kitchen, or kitchens for food production and subsequent consumption
off-premises. The only consumption permissible at the establishment
shall be scheduled samplings of food during consultation with customers
in preparation for events including, but not limited to, weddings,
wakes, reunions, business events, public events, political events
and the like.
The Planning Commission of the Township of Lower Macungie.
A recreation or educational center open to the public and
operated by a nonprofit organization, religious or governmental entity
where classes, activities, events and the like may be held. However,
there shall be no childcare, lodging or housing, camping and school
as part of this use.
The official Comprehensive Plan for the Township of Lower
Macungie, officially known and adopted as the Southwest Lehigh County
Regional Comprehensive Plan of 2017.
A use permitted in a particular zoning district pursuant to the provisions in Part 24 and requiring a recommendation from the Planning Commission prior to an approval and a determination by the Board of Commissioners at a public hearing where it is demonstrated that the use complies with standards set forth in this chapter. Conditional use approval may be granted subject to conditions imposed by the Board of Commissioners.
A facility that is fully licensed by the Commonwealth of
Pennsylvania to incinerate or disintegrate bodily remains and conforms
with all state regulations and this chapter.
A lot, parcel, tract, building or structure or part thereof
open to the public and designed, intended or used for exhibits of
a cultural interest. The term "cultural center" includes museums,
art galleries, libraries, auditoriums and natural study areas.
A facility colloquially known as a "server farm" where companies
or organizations securely house data servers or other associated equipment
for the purpose of data storage, transmittal or security operation
as part of business operations or continuity.
A profit or nonprofit facility for the care of more than
three children or impaired adults on a regular basis during a portion
of the day or night for the purpose of temporarily relieving the individual's
legal guardian of that care. The term "day-care center" shall include
nursery schools and drop-in centers. The term "day-care center" shall
not include such care provided for less than four children or adults
requiring supervision.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the municipality
lies.
A platform which is not covered by a roof or permanent awning
and is designed, intended or used for outdoor living purposes as an
accessory use to a structure.
A pole that is specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
a small wireless communications facility, life-safety devices, lighting,
or specially designed informational or directional signage or temporary
holiday or special events attachments, have been placed or are permitted
to be placed according to nondiscriminatory standards.
[Added by Ord. No. 2020-01, 2/6/2020]
A number determined by dividing the total number of dwelling
units by the base site area (total amount of land in the lot, parcel
or tract minus all of that land within the existing or ultimate rights-of-way
of existing roads). Density requirements shall be determined in direct
proportion to lot size, i.e., maximum eight units per acre, four units
per 1/2 acre, two units per 1/4 acre.
A basin designed, intended or used to retard stormwater runoff
by temporarily storing the runoff in the basin and releasing it at
a predetermined rate.
The portion of the original tract in the AP District allocated for residential development with single-family detached dwelling units under § 27-406 or those lots upon which a single-family detached dwelling unit is permitted pursuant to the schedule within § 27-407. Does not include the farmstead lot.
A beverage processing use that distills and packages spirits
such as whiskey, rum, vodka, gin or other liqueurs for distribution
and consumption on or off site. A craft distiller may have alcohol
service and indoor or outdoor food/restaurant service as customary
and incidental accessory uses. Programming and events may also be
scheduled for the facility such as tours, corporate or social events,
or holiday or seasonal celebrations in a facility of no more than
50,000 square feet.
An establishment or activity where patrons are provided while
remaining in their motor vehicles with professional or personal goods
or services for consumption, use or enjoyment outside of the confines
of the principal building regardless of whether seats or similar accommodations
are otherwise provided.
Any building that is designed, maintained and intended to
be used, in whole or in part, for residential purposes:
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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 and, typically, 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 life care centers (see "life care center"), hospitals (see
"hospital"); one "dwelling unit" shall be considered to be three such
residents (beds).
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MULTIFAMILY APARTMENT DWELLING — A building
containing more than one dwelling unit, with minimum sizes of 600
square feet, with each individual dwelling unit sharing a common outside
access and sharing a common yard area which is the sum of the required
lot areas of all dwelling units within the building. Garden apartments
shall be deemed multifamily apartment dwellings. A single or multiple
apartments as part of a building with a mix of uses shall be deemed
multifamily apartment dwellings within a mixed-use structure. Life
care centers or portions thereof which contain dwelling units whose
residents have separate living units and who do not receive custodial
care but who may receive other services to enable the residents to
maintain substantially independent living are deemed multifamily apartment
dwellings.
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SINGLE-FAMILY ATTACHED DWELLING — A building
or structure having only one dwelling unit from ground to roof, two
points of independent outside access, at least two other dwelling
units built in conjunction therewith and any portion of one or two
unpierced party walls adjoining an adjacent dwelling. The term "single-family
attached dwelling" shall include row homes and townhouses.
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SINGLE-FAMILY DETACHED DWELLING — A dwelling unit on a permanent foundation or a mobile home stand constructed pursuant to § 27-1705 of this chapter, occupied as a residence for one family, which does not have a vertical wall in common with another building.
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SINGLE-FAMILY SEMIDETACHED DWELLING (INCLUDING TWINS)
— A building or structure having only one dwelling unit from
ground to roof and only one wall in common with another dwelling unit.
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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 public, private or parochial school, academy or college
certified or accredited, including any educational institution regulated
by the Department of Education. The term "educational institution"
shall not include nursery schools or day-care centers.
An assemblage of equipment for transferring electric power
rather than for its generation or utilization.
Quality materials, unique design schemes, ornamentation,
a mixture of building materials or cladding and other features that
create high-quality variation between buildings while utilizing architectural
grade cladding or materials and in congress with design notations
in the Lower Macungie Township Design Guidelines.[4]
Utilities such as sewage, water, gas and electric lines and
related appurtenances required and necessary to serve property owners
in the municipality are essential utilities. The term "essential utilities"
shall not include cross-country transmission lines or other utilities
not required or necessary to serve the municipality.
The Federal Aviation Administration.
One or more persons related by blood, marriage, adoption
or foster relationship, living together in a dwelling as a single
housekeeping unit; or a group of not more than six unrelated persons
who are living together in a dwelling unit and maintaining a single
housekeeping unit, including such persons who may be mentally or physically
impaired, whether or not they are supervised or receive any specialized
services. The term "family" shall not include the occupants of a clubhouse,
halfway house for criminals or juvenile delinquents, or large group
care facility.
A use with a table or structure that is used to display offered
for sale, farm, farmstead nursery or greenhouse products produced
on the premises.
A group of buildings, including single-family dwelling, barn
and accessory buildings, typically found on a farm and which are customarily
used for agricultural operations. Farm stands may be located on a
farmstead.
A lot containing the agricultural residue along with a single-family
detached dwelling unit as allowed under the provisions of Part 4 (Agricultural
Protection District).
A use which offers food or drink through a drive-up or drive-through
service establishment (see "drive-through service establishment"),
where patrons remain inside their motor vehicles in a drive-up area
or a drive-through lane, and/or a walk-up window, where patrons approach
the use on foot, with the purchased food or drink to be consumed on
or off the premises. This use may also include a restaurant offering
food or drink for consumption on the premises. Restaurants which offer
curbside pick-up and do not have a drive-up area or a drive-through
lane shall not be included within fast food restaurants.
The Federal Communications Commission.
A man-made barrier placed or arranged as a line of demarcation
between lots or used to enclose a lot, parcel, tract or portion thereof.
The term "fence" does not include barriers of landscaped materials
such as trees, bushes or hedges.
See "grade, finished."
A temporary inundation by surface water of land areas not
continually inundated.
An area within the floodplain with the highest threat of
regular inundation or continuous damage from frequent flood events.
Areas within the 500-year floodplain and areas containing
alluvial soils.
A relatively flat or low lying area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
during a 500-year design frequency storm or an area subject to the
accumulation or runoff of surface waters from any source as delineated
by the Federal Emergency Management Agency (FEMA).
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge floodwaters
in a 100-year design frequency storm without cumulatively increasing
the 100-year water surface elevation more than one foot at any point.
The aggregate area of all floor areas in a building or structure.
Floor area shall be determined by measuring the horizontal plane from
interior wall to interior wall at floor level. Floor area shall not
include residential unfinished basements used for nonresidential purposes.
The industrial manufacture, processing, preparation, baking,
juicing or otherwise creation of edible or drinkable products for
distribution and consumption off site.
Developing, caring for or cultivating mature woodland; the
management of growing timber for lumber or commercial wood by-products.
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BUFFER ZONE — Land surrounding the immediate
perimeter of a logging operation in which no cutting or trees or other
vegetation shall occur except for the isolated cutting of individual
trees which are dead, damaged, sick, infected or constitute a danger
to neighboring property, the public generally, or other trees in the
area.
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CLEAR CUTTING — A logging method whereby all
trees from a tract of land or a portion thereof are removed.
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FORESTER — A person with a degree in forestry
from a college or university accredited by the Society of American
Foresters.
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LOGGING or LUMBERING — The cutting down of
trees in or for any type of business or commercial purpose.
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SELECTION METHOD — A method of selectively
removing trees from a wooded area either singly or in small groups
according to age and size with provision being made for natural or
artificial revegetation.
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SLASH — All debris resulting from logging
operations including stems, limbs or parts thereof.
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TOPS — That part of a felled tree which is
left above the part of the tree to be utilized as the lumbering log.
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The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient as permitted
under the Act.
A sign which is supported by one or more columns, uprights,
braces or similar structures which are affixed to or are situated
upon the ground.
That part of a lot abutting a street right-of-way, commonly
referred to in terms of "feet of frontage."
Any substance that is burned, consumed or otherwise used
for the production of heat, power or energy.
A lot, parcel, tract, building, or structure where fuel for
vehicles including, but not limited to, gasoline or diesel is stored
and sold at retail. Additional convenience retail or food preparation
and sale shall be considered customary and incidental to this use.
A fueling station shall not be used for long- or short-term parking
of more than two tractor trailer trucks or long-term parking for any
passenger vehicles or other commercial vehicles. No showers, bathing,
gambling or personal services shall be permitted within or accessory
to this use.
A place where amusement devices are provided and utilized
as the principal use of the premises.
PARKING GARAGEA garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles occurs.
PRIVATE GARAGEA building or part thereof, whether or not enclosed, used for the storage of vehicles or used for the convenience of the owner or occupants of the main building and in which no business, use or service is rendered, provided or conducted for the benefit of the general public.
PUBLIC GARAGEA building or part thereof used for the storage of one or more vehicles for remuneration which may include facilities and equipment for servicing, repairing, washing or reconditioning vehicles, as well as any and all services or equipment provided by or at a motor vehicle service station.
See "solid waste."
A use or service involving any of the building or construction
trades including, but not limited to, building construction, excavation
and paving.
A parcel, lot or tract of land designed, intended or used
for the purpose of engaging in the sport or activity of golf. The
term "golf course" shall include all golf holes, practice tees, ranges
and clubhouses when designed, intended or used in connection with
an established golf course, but shall not include driving ranges,
practice tees, miniature golf or chip-and-putt areas when such establishments
are not designed, intended, used or operated in connection with an
established golf course.
Municipal, county, state or federal government buildings
or facilities designed, intended or used by the government or those
designed, intended or used by the public and owned by the government.
The surface of the ground, lawns, walks or streets adjoining
the exterior walls of any building or structure.
The completed surface of the ground, lawns, walks or streets
adjoining the exterior walls of any building or structure.
Changing existing topography through cutting or filling earth
or any combination thereof.
See "nursery."
Designated open space utilized for passive recreation and/or
environmental protection or preservation as defined and shown on the
Lower Macungie Township Official Map, Lower Macungie Township Official
Recreation Plan and the Lower Macungie Township Official Greenway
Master Plan.
Newly delineated and created open space utilized for passive
recreation, agriculture, horticulture and/or environmental protection
or preservation as part of an open space neighborhood development
part of this chapter.
A residential facility designed, maintained and used for
the provision of care and treatment to more than six residents who
are physically or mentally impaired or who are experiencing family
conflict problems or homelessness. A facility shall only be considered
a large group care facility if there is a twenty-four-hour supervisory
staff or the facility is affiliated with a health care provider or
profit or nonprofit entity licensed or certified by the commonwealth.
Large group care facilities shall not include correctional halfway
houses for criminals or juvenile delinquents. For purposes of this
chapter, a "group care facility" and a "group home" shall be considered
the same use and defined as written above.
Any garbage, refuse, sludge from an industrial or other waste
water treatment plant, medical or biohazard waste, electronic waste,
sludge from a water supply treatment plant, or air pollution control
facility and other discarded material including solid, liquid, semisolid
or contained gaseous material resulting from municipal, commercial,
industrial, institutional, mining or agricultural operations, and
from community activities, or any combination of the above (but does
not include solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges)
which are point sources subject to permits under the Federal Water
Pollution Control Act,[5] or source, special nuclear, or by-product material as
defined by the U.S. Atomic Energy Act of 1954,[6] which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.51
et seq., and shall not include treatment sludges from coal mine drainage
treatment plants, the disposal of which is being carried on pursuant
to and in compliance with a valid permit issued pursuant to the Clean
Streams Law, 35 P.S. § 691.1 et seq.
A building, structure, lot or part thereof used to offer
indoor or outdoor recreational facilities or activities, such as exercise
or weight rooms, racquet sports, non-household swimming pools, aerobics
or nutrition classes, steam rooms, saunas, and the like, whether for
profit or not-for-profit and whether or not operated by or in connection
with a club, lodge or social building (see "club, lodge or social
building") or a hospital (see "hospital") or medical center (see "medical
center; medical office").
When referring to a tower used or to be used in wireless
communications, the distance measured from the finished grade at the
perimeter of the structure to the highest point on the tower or other
structure, including the base pad and any antenna. If the base of
the tower is not on ground level, the height shall include the base
of the building or other structure to which the tower is attached.
The vertical distance derived from the average finished grade
at the foundation corners of the building or structure to the highest
point of the building or structure, excluding residential chimneys,
silos and other similar structures. Architectural features that extend
beyond the top of finished space that shield view of machinery such
as HVAC equipment, elevator shafts, roof stairway access, or to add
design elements of the structure shall not be calculated towards height.
A lot, parcel or tract of land, water or a structural surface
which is designed, intended or used primarily for the landing and
taking off of helicopters and any appurtenant areas which are designed,
intended or used for helicopter support facilities, including but
not limited to maintenance, fueling and parking.
Any dwelling or structure located within the Township that
is listed on the National Registry of Historic Places, listed by the
Commonwealth of Pennsylvania or Lehigh County as a historic place
or structure, or has been listed or called out by the Lower Macungie
Township Historical Commission as a historic place or structure.
Any use of a dwelling conducted entirely within a dwelling by not more than a total of three persons (regardless of the number of hours employed or worked per day, week or month by such persons), at least one of whom such persons shall have that dwelling as his/her full-time, permanent and exclusive domicile and residence, and which use also fully complies with all of the criteria of § 27-2406, Subsection IT, of this chapter (including, but not limited to, the exclusion of certain uses therein stated).
The cultivation of a garden, orchard, or nursery; the cultivation
of flowers, fruits, hops, vegetables, or ornamental plants.
A building or part thereof used for the medical, psychiatric,
obstetrical or surgical care on a twenty-four-hour basis. The term
"hospital" shall include facilities used for medical research and
training for health care professions, general hospitals, mental hospitals,
tuberculosis hospitals, children's hospitals, and any such other facilities
which provide in-patient care. The term "hospital" shall not include
any facility in which is conducted the housing of the criminally insane
or provides treatment for persons actively charged with or serving
a sentence after being convicted of a felony.
An establishment where the public may, for consideration,
obtain sleeping accommodations and meals, such establishment shall
have at least 10 permanent bedrooms for the use of guests. The term
"hotel" does not include bed-and-breakfast, boarding, rooming or lodging
house.
Domestic animals normally considered to be kept in or in
conjunction with a dwelling unit for the pleasure of the resident
family and shall include animals such as dogs, cats, gerbils, and
other similar pets normally sold by retail pet stores or breeders.
The term "household pets" shall not include any farm stock animals,
with the exception of poultry or fowl as regulated in this chapter,
or dangerous or endangered species. Dangerous species shall include
any venomous reptile, insect, arthropod or arachnid or any wild animals
including, but not limited to, raccoons, fox, opossum, birds of prey,
exotic or wild cats or hybrids such as lynx, bobcat, serval or exotic
or wild dogs such as coyote, wolf, or any hybrid thereof.
A document issued by the DOH pursuant to the Act that permits
access to medical marijuana.
The percentage of a lot area covered by impervious surfaces.
Impervious surfaces shall include: asphalt, blacktop or macadam, concrete
or cement, any area covered by a building or structure's footprint,
any artificial play surface where water does not infiltrate or drain,
any area of compacted crushed stone, or any other material that does
not allow the infiltration of water and creates ponding or run off
which shall also be deemed impervious.
A surface which does not absorb water or rain and includes
roofs, buildings, parking areas, driveways, roads, streets and any
areas covered by concrete, asphalt, compacted gravel or compacted
stone. Man-made ponds and swimming pools shall not be calculated as
impervious for purposes of this chapter.
The process of burning combustible solids, liquids or gases.
Any device which can be used for the burning of combustible
organic or inorganic waste.
See "hotel."
A lot, parcel, tract, building, structure or part thereof,
which is used to collect or store scrap metal, scrapped, abandoned
or junked motor vehicles, machinery, equipment and glass containers,
or which is used to collect, dismantle, store or salvage machinery
or vehicles not in operating condition, and shall also include the
sale, resale, salvage or conversion to some other use, of the parts
of machinery or vehicles. Any lot, parcel, tract, building, structure
or part thereof, which is used to collect, store or transfer any garbage,
solid waste, refuse, toxic or hazardous substances shall not be considered
a junkyard.
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.
A lot, parcel, tract, building, structure or part thereof
designed, maintained and used for the boarding, breeding, training
or raising of five or more animals exceeding six months in age for
compensation.
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.
The division or allocation of land or space, whether initially
or cumulative, 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 § 503.1.1 of the Municipalities
Planning Code, 53 P.S. § 10503.1.1.
A tract, parcel or lot used for the disposal of garbage,
refuse or ashes by depositing them in layers of controlled depth and
width in trenches or depressions and covering each layer promptly
on all sides with a compact layer of clean earth and other inorganic
material of sufficient thickness to exclude rodents and to prevent
the escape of odors or outbreak of fires.
A community facility, typically including a range of residential
options including skilled nursing care, custodial care, and semi-independent
living units or apartments, which may include health services, communal
dining, recreation areas, open space, parking and accessory facilities.
A "life care center" may include a nursing home, accessory transitional
"age-in-place" multifamily apartment dwellings, assisted living, personal
care/skilled care for those with special needs and certain limited
support facilities intended specifically to serve the needs of the
residents.
Fabrication, creation or production of items such as articles
or merchandise from the following previously prepared materials: plastics,
bone, canvas, cellophane, cork, feathers, fiber, glass, horn, leather
and fur (excluding tanning, curing and dyeing) precious or semiprecious
metals or stones, shell, textiles, and tobacco; or ceramic products
(using only previously pulverized clay); novelty or small products
from previously prepared paper or cardboard (not including bulk processing);
mass-produced jewelry or clocks and watches; medical, drafting, optical
and other professional and scientific instruments and equipment; musical
instruments; small rubber products and synthetic treated fabrics (excluding
spinning and weaving, but not including wool scouring and pulling,
or jute or burlap processing or reconditioning); toys; and wood products
(excluding planning mills and bulk processing of wood and lumber),
cardboard boxes, envelopes, containers, and novelties from previously
prepared paper or cardboard.
An off-street area used for loading and unloading of goods.
See "club, lodge or social building."
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. Lots held in common ownership and not separated
by a street or separating natural feature such as a stream or creek
may be considered one lot.
An area of land which is determined by the limits of the
property lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in determining lot area.
The horizontal distance between the midpoint of the front
lot line to the midpoint of the rear lot line.
A line forming the front, rear or sides of lots, commonly
referred to as front, rear or side property lines.
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LOT LINE, FRONT — The lot line along a public
or private street. In the event that a lot has more than one such
lot line, all shall be deemed front lot lines.
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LOT LINE, REAR — Any lot line which is parallel
to or within 45° of being parallel to the front lot line. In the
event that a lot has no street frontage or is a corner lot or a lot
of an odd shape, the lot line farthest from any street shall be considered
the rear lot line.
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LOT LINE, SIDE — Any lot line which is not
a front or rear lot line.
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The horizontal distance measured between the side property
lines at the building setback line.
Prescriptive accessory documents to this chapter that are
binding and provide direction or requirements for building massing,
design, layout, architecture, materials, roof lines, lighting, signage,
landscaping, public space or trail features, on-site features, etc.,
that have been adopted by resolution by the Lower Macungie Township
Board of Commissioners.[7]
See "principal building structure or use."
A dwelling unit fabricated at an off-site manufacturing facility
for installation or assembly at the building site bearing a label
certifying that it is built in compliance with the Federal Manufactured
Housing Construction and Safety Standards and which has been attached
to a permanent foundation.
A building or part thereof used for medical, psychiatric,
obstetrical or surgical care. The term "medical center" shall include
facilities similar to general hospitals, mental hospitals, tuberculosis
hospitals, children's hospitals and any other such facility which
provides care, whether or not on a twenty-four-hour basis, but does
not provide services or care for overnight stays and is not licensed
by the state as a general hospital. Home offices of health care professionals
shall be considered home occupations, and shall not be included in
this definition.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania by the Act.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
pursuant to the Act to dispense medical marijuana. A zoning permit
may be denied, and shall be automatically revoked if already granted
to an applicant, in the event such permit holder and/or applicant's
license for growing, processing, transporting, dispensing, or researching
medical marijuana with the Pennsylvania Department of Health is revoked,
suspended or otherwise limited in any manner.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
pursuant to the Act to grow and process medical marijuana. A zoning
permit may be denied, and shall be automatically revoked if already
granted to an applicant, in the event such permit holder and/or applicant's
license for growing, processing, transporting, dispensing, or researching
medical marijuana with the Pennsylvania Department of Health is revoked,
suspended or otherwise limited in any manner.
A dispensary or a grower/processor of marijuana for medical
purposes as licensed pursuant to the Act.
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana growers/processors
and/or dispensaries as permitted by the Act.
A development or redevelopment of land, buildings or space
that includes residential housing, retail, dining or commercial services
and/or professional services within a single development. A mixed-use
development may rest on a single lot or multiple lots, but must be
approved as a single land development.
A structure that includes several uses including, but not
limited to, office, commercial, service, retail, etc. where a residence
or residences are located within the same building/structure.
Officially known and regulated as a manufactured housing
unit by the Commonwealth of Pennsylvania, that is 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.
An area of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A wireless communications facility or site which consists
of a single pole structure such as a utility pole, designed and erected
on the ground or on top of a structure, to support communications
antennae and connecting appurtenances.
[Amended by Ord. No. 2020-01, 2/6/2020]
An establishment that receives and prepares bodies for permanent
interment or conducts cremation in addition to hosting facilities
for religious or secular wakes or memorial services. Temporary storage
of bodies in proper facilities prior to embalming, preparation, or
autopsy is customary and incidental to a mortuary or funeral home
use.
The construction of space or process of allowing natural
succession to occur at a particular site within the Township. These
areas are planted with hearty native species selected to thrive independently
in the conditions where they will reside. Examples of naturalization
include reforestation with native tree species, meadow conversions
utilizing grasses and flowers, riparian buffer creation or restoration,
constructed wetlands or wetland restoration and the like.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in ordinance
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A sign or sign display area that does not conform to the
sign or sign display area requirements as established by this chapter.
To be considered nonconforming, the sign or sign display area shall
also have predated the implementation of zoning in the Township of
Lower Macungie or have been lawfully conforming prior to the enactment
of this chapter.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location.
A lot, parcel, tract, building, structure or part thereof
used for the raising and wholesale distribution of trees, shrubs,
flowers, house plants and other similar plants.
See "day-care center."
Use of a building or lot for a specific purpose.
A sign advertising goods, products, or services which are
not sold, manufactured, distributed or provided on the premises where
the sign is situate. Off-premises signs also include signs used to
direct the general public to places, business or areas not located
on the site of the sign.
An area on private property designed and used for the parking
or storage of one or more passenger vehicles as an accessory use.
Private off-street parking areas shall include private garages, carports
and improved accessory parking spaces.
An open space, other than a street or other public right-of-way,
designed, maintained and used by the general public for the parking
of vehicles.
A commercial or nonprofit establishment or use involving
clerical, professional or administrative work, which may include the
provision of customer services but shall not include on-premises sales
of a product or merchandise, unless incidental to the primary office
use. The term "office" shall not include retail, distribution, industrial,
manufacturing, or assembly uses.
A map adopted by the Township showing the location of the lines of existing and proposed public streets, water courses and public grounds, including widenings, narrowings, extensions, diminutions, openings, closings or vacations of the same for the whole of the municipality. This map is attached to this chapter and is incorporated by reference.
The map adopted by ordinance pursuant to Part 3 of the Lower
Macungie Township Zoning Ordinance.
That 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 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 subdivision and land development that complies with all
provisions of the both the Zoning and subdivision and land development
Sections of this chapter. An open space neighborhood conserves undeveloped
land for the purpose of protecting open space in contiguous, unfragmented,
commonly managed landscapes that will protect large, intact wildlife
habitat areas, promote greater biodiversity and maintain ecosystem
processes. This type of development contributes to the creation of
community-wide greenway systems, protects productive agricultural
soils and agricultural uses, conserves existing landscapes of an area
and provides for choice in styles of housing and development pattern
for citizens to reside.
Shall refer to the Lower Macungie Township Zoning Ordinance,
including the Official Zoning Map, Official Street Classification
Map, all overlays to the Zoning Map and all amendments thereto.
A parcel of land in the AP District of at least 12 acres
in size, as of October 30, 2009.
A theater which shows movies, motion pictures, videos or
other similar reproduced entertainment on a screen located out of
doors which are rated "G," "PG," "PG-13" or "R" by the Classification
and Rating Administration (CARA) of the Motion Picture Academy of
America.
An area designed or used for the parking of a motor vehicle,
exclusive of passageways, driveways and accessways appurtenant thereto.
See "deck" or patio."
A certificate issued by a designated Township official for
the construction, reconstruction, remodeling, alteration or repair
of a building, structure or part thereof.
A certificate issued by a designated Township official for
the conduct of a use for a limited time period indicating the duration
of the permit and indicating that all special requirements governing
such use and all other applicable zoning requirement have been met.
A certificate issued by a designated Township official stating
that the purpose for which a building or land is to be used is in
conformity with all requirements of this chapter for the zoning district
in which the use is situated.
A use of a lot, parcel, tract, building, structure, sign
or part thereof which is permitted as of right in a particular zoning
district.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. In any provisions of this chapter prescribing a fine,
imprisonment or penalty or any combination of the foregoing, the term
"person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
Places primarily providing services which do not involve
retail sales or professional advisory services. The term "personal
service establishments" shall include those oriented to serving personal
needs, such as barber and beauty shops, spas, nail salons, shoe repair
shops, household appliance repair shops, dry-cleaning and laundry
pickups, computer and phone repair services, tattoo parlors, travel
agency and other similar establishments.
A building or portion thereof designed, intended or used
as a place of worship or gathering place for persons engaging in religious
services, activities or ceremonies. The term "place of worship" shall
include churches, chapels, cathedrals, sanctuaries, temples, synagogues,
mosques, missions, meeting places, and similar designations. Places
of worship shall comply with all sections of this chapter.
A drawing submitted for a zoning permit prepared and sealed
by a registered professional engineer, architect, landscape architect
or surveyor.
An area of land under single ownership containing any combination
of two or more principal commercial, retail, professional, personal
service or other uses within separate buildings permitted by right,
as a special exception, or as a conditional use in the district in
which the development is proposed. A planned commercial development
submits for development as a single development, though phasing may
be permitted, with the requirement of architectural schemes, landscaping
and public amenities via a submitted and Township-approved project
design companion for the development that conforms to the Lower Macungie
Township Design Guidelines.
An area of land under single ownership containing any combination
of two or more principal uses within separate buildings permitted
by right, as a special exception, or as a conditional use in the district
in which the development is proposed. Such a development may never
include any warehouse, logics or distribution uses unless directly
accessory to another primary industrial or production related use
on site. A planned industrial development submits for development
as a single development, though phasing may be permitted, with the
requirement of architectural schemes, landscaping and public amenities
via a submitted and Township-approved project design companion for
the development that conforms to the Lower Macungie Township Design
Guidelines.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been constructed so long as approval is current and not expired,
or other tower or antenna lawfully installed in Lower Macungie Township.
Land used for agricultural purposes that contains soils of
the first, second, or third class as defined by the United States
Department of Agriculture Natural Resource and Conservation Services
county soil survey. It is intended that prime agricultural land shall
include all land which contains such Class I, II, or III soils as
previously set forth, even if such land is not then actively being
used for agricultural purposes, as long as such land has not already
been developed for another purpose and is therefore potentially available
for agricultural use at some future time.
The primary building or structure or use conducted on a lot
or parcel of land.
See "club, lodge or social building."
Businesses or establishments that provide professional business
related services such as engineers, lawyers, architects, website designers,
accountants, financial advisors and the like which generally do not
require any sort of large scale specialty equipment, machines or apparatus
within the place of business. See "office."
A document prepared by an applicant to Lower Macungie Township
that includes the architectural design of a proposed building or buildings,
showing layout, elevations, materials, colors, signs, roof lines,
and the like. Also included in the document shall be all proposed
signage and its design, utility and ornamental lighting, all landscaping
and fencing or walls and all proposed public spaces, gathering spaces,
trails or walking areas and examples of all furniture or accessory
structures. This document, where designated by this chapter, shall
be reviewed and approved by the Township, binding and applicable to
any approved land development or specified Township permit.
Municipal, county, state or federal government buildings
or facilities designed, maintained or used by the government or designed,
maintained or used for public use which is sponsored by such governments,
except landfills and waste disposal areas and facilities. Public buildings
and facilities shall not include alternative tower structures, antennas,
backhaul networks or towers.
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An educational facility that provides classes or training
in specific fields or activities such as martial arts, dance, gymnastics,
drama, music, voice and the like. This use is not an academic primary,
intermediate or secondary public, private or religious school, college,
university.
Refreshment of one's mind or body through exercise or activities
that foster physical fitness or amuse. Recreational facilities or
activities, as used herein, exclude golf courses, driving ranges,
pitch-and-putt courses, miniature golf courses, and entertainments
or amusements, such as bowling alleys, theaters, auditoriums, stadiums,
skating rinks, arcades, pool halls, and the like.
A building or area of land within a residential development
designed, maintained, and used for recreation that is only open to
residents of the residential development.
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. The term "recreation land"
shall not include areas within the 100-year floodplain, power line
or pipeline rights-of-way, quarries, road rights-of-way, buffer zones,
stormwater management facilities, areas characterized by wetlands,
hydric soils, slopes in excess of 15% or woodlands.
Leisure time activities that are open to members, guests,
patrons or some specific groups at a facility that has controlled
or limited access to the public. Uses may include certain sports,
fitness or wellness activities in addition to other recreation and
may also include the use of a summer camp where youth may stay to
engage in similar indoor or outdoor activities while lodging for periods
of time.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. Recreational vehicles include travel trailers,
truck-mounted campers, motor homes, folding tent campers and automobiles,
buses or trucks adapted for vacation use, snowmobiles, mini-bikes,
all-terrain vehicles, go-carts, boat trailers, and other vehicles
not suitable for daily conventional family transportation on Township
roads, streets and highways.
A lot, parcel, tract, building, structure or part thereof
designed, maintained and used for the collection, sorting and transfer
of nontoxic recyclable items.
The registry established by the Pennsylvania Department of
Health for all medical marijuana organizations and practitioners pursuant
to the Act.
Any equipment serving or being used in conjunction with an
antenna or tower. The term "accessory equipment" includes but is not
limited to utility or transmission equipment, power supplies, generators,
batteries, cables, equipment buildings, cabinets and storage sheds,
shelters or similar structures.
[Added by Ord. No. 2020-01, 2/6/2020]
A planned development that may either be a single lot or
multiple lots that primarily consists of research laboratories, pilot
plants, testing facilities collaborative workspaces, and the like,
with associated accessory storage, office, executive space, meeting
space, cafeterias, auditoriums, etc.
A tract of land or lot planned and developed for multiple
residential units.
See "life care center."
Any establishment at which food or drink is sold for consumption
on the premises or via a clearly accessory pick up station. The term
"restaurant" shall not include any snack bar at a public or community
playground, play field, park or swimming pool operated by a governmental
agency or municipal agency for the convenience of the patrons of those
facilities. This use may include an accessory food pick-up service
area upon review and approval by the Township.
A single business enterprise which primarily engages in the
retail sale of consumer goods such as wearing apparel, antiques, books,
beverages, confections, drugs, dry goods, flowers, food stuffs, gifts,
garden supplies, hardware supplies, household goods, jewelry, paint,
periodicals, tobacco, etc.
A parcel designed such that individual residential uses abut
a street on both the front and 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 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.
The line separating a lot from the area designated for a
street or utility purpose.
The line separating a lot from the area designated for the
eventual expansion of street or utility rights-of-way.
An area bounding a river, stream, brook, creek or run vegetated
with native species of trees, bushes and other vegetation to provide
shade, protection and seclusion of water bodies from adjacent land
uses which in turn increases water quality and overall the health
of watersheds.
A device incorporating a reflective surface greater than
two feet in diameter, that is solid, open mesh or bar configured,
is in the shape of a shallow dish cone, horn or cornucopia and is
used to transmit or receive radio or other electromagnetic waves between
terrestrially and orbitally based systems. The definition "satellite
dish antenna" shall include, but shall not be limited to, satellite
earth stations, television receivers only (TVROS) and satellite microwave
antennas.
A building or part thereof maintained for the purpose of
offering instruction, or in which classes are conducted, whether or
not for a consideration or tuition, to five or more pupils at one
and the same time, or to 25 or more pupils during any school year,
the purpose of which is to educate an individual generally or specially
or to prepare an individual for more advanced study, and shall include
all schools engaged in such education, whether private, public or
parochial. The term "school" shall not include private correspondence
schools, private music schools, private dance schools, private art
schools, private dramatic art schools, private schools of charm or
poise, private driver training schools or any type of private school
which is nonacademic in character.
Laboratories where studies, design, testing, prototype innovation
or management of clinical, academic or other research occurs for medical,
biopharmaceutical, industrial, mechanical, chemical or other similar
technical fields occurs.
The formation of a visual or acoustical barrier using such
materials as dense evergreen shrubbery or architectural grade solid
fencing of durable wood, masonry or engineered product construction,
generally intended to shield nearby uses or structures from one another.
A commercial facility that provides for lease or rental for specified periods an enclosed or unenclosed space or room for use by customers for the storage of the customer's personal property, including licensed and currently inspected noncommercial automobiles and recreational vehicles [provided no more than 25% of the portion of the lot used for storage (typically, the portion of the lot fenced-in for this use) may be used to store such automobiles and vehicles]. "Self-storage facility" use shall not include the use "warehouse and wholesale trade" and shall not include warehousing, manufacturing, or distribution uses or storage uses other than as provided in this subsection. No commercial, professional, industrial, retail or wholesale business or occupation shall be operated by the owners, operators, or customers of a self-storage facility using the storage spaces provided by the facility, except for the business of leasing or renting the facility itself. A residence for a caretaker of the facility may be included as an accessory use. No hazardous waste (see "hazardous waste," above) or dangerous materials or substances (as listed in § 27A-402, Subsection 1B, of Appendix 27A hereof, or similar substances) may be stored in or upon the premises of the facility. The owners, operators and customers of a self-storage facility shall comply with all other provisions of this chapter, particularly those of Section 27-1801 in Part 18, General Performance Standards, relating to outdoor storage control.
The distance between a use, building or structure (or any
projection therefrom) and a lot boundary or right-of-way line, whichever
is less.
That line that is the required minimum distance from the
street right-of-way line or any other lot line that establishes the
area within which the principal structure or use must be erected or
placed.
A public or private utility system designed to collect, centrally
treat and dispose of sewage from customers in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Township, whichever is more stringent.
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CENTRALIZED SEWAGE DISPOSAL SYSTEM — 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 is more stringent.
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PRIVATE SEWAGE DISPOSAL SYSTEM — An on-lot
septic tank disposal system generally providing for the disposal of
effluent for only one building or a group of buildings on a single
lot and provided in compliance with the Pennsylvania Department of
Environmental Protection regulations or regulations of the Township,
whichever is more stringent.
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A group of retail and other commercial establishments that
is planned, developed, owned and managed as a single property or single
venture. The use in this chapter may be regulated to those shopping
centers less than 50,000 square feet and those more than 50,000 square
feet.
See "clear sight triangle."
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on or in a structure or other outdoor surface that shall display or
include any letter, word, insignia or representation used as, or which
is in the nature of, an advertisement, announcement, direction, and
is designed to bring the subject to the attention of the public. The
term "sign" shall not include the flag of any public, quasipublic,
civic, charitable or religious group. Nothing herein shall be construed
to prohibit noncommercial speech which is not obscene or libelous
or which does not constitute or include fighting words. Additionally,
nothing herein shall be construed to prohibit political speech subject
to all applicable regulations.
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ADVERTISING SIGN — A sign which announces, advocates or directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property. Only one advertising sign may be located on a single and separate lot of record except as provided in § 27-2217, Subsection 2A, and elsewhere in this chapter.
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BILLBOARD — A freestanding advertising sign.
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DIRECTIONAL SIGN — An informational sign indicating
direction, entry or exit, loading or service area, fire lanes, parking,
no trespassing or similar information incidental to the primary use
and not itself advertising that use.
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FREESTANDING SIGN — A sign which is self-supporting
upon the ground or which is supported by means of poles, pylons or
standards in the ground. A freestanding sign is not attached to a
building except by secondary supports such as guy wires.
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IDENTIFICATION SIGN — A sign identifying a
home occupation or identifying the use of a property, but one that
has no advertisement.
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ILLUMINATED SIGN, DIRECT — A sign which is
designed to be illuminated by artificial light from a source adjacent
to, or outside of, the sign in such a manner that the source of the
light is not directly visible from the street or any other intended
vantage point of the sign.
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ILLUMINATED SIGN, INDIRECT — A sign which
is designed to be illuminated by light from within the sign rather
than a source adjacent to or outside of the sign.
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MOVABLE SIGN — A sign which is not secured
or attached to a structure or to the ground.
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NAMEPLATE SIGN — A sign indicating only the
name and/or address of persons or person residing on or legally occupying
the premises.
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OFFICIAL SIGN — A sign erected by the state,
county, Township or other legally constituted governmental body, or
specifically authorized by a Township ordinance or resolution.
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PUBLIC SERVICES SIGN — A sign which advertises
availability of rest rooms, telephones, meeting times of service organizations
or other similar public conveniences.
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SIGN, HEIGHT OF — The vertical distance measured
from the average ground level immediately below a sign to the highest
point of the sign and its supporting structure (maximum height) or
to the bottom most part of the sign (minimum height).
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SIGNABLE AREA — A continuous area on the face
of a building.
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TEMPORARY SIGN — A sign constructed of paper,
cloth, canvas, wood, metal or any lightweight material intended to
be displayed for a short period of time at one location not to exceed
90 days.
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TIME AND TEMPERATURE SIGNS — A sign or portion
of a sign whose sole purpose is to indicate the time and/or temperature.
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VEHICULAR SIGN — A sign affixed or painted
on a vehicle, trailer or similar device.
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WALL SIGN — A sign posted on, painted on,
suspended from, or otherwise affixed to a wall or vertical surface
of a building which does not project more than 12 inches from the
wall or vertical surface to which it is attached.
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WINDOW SIGN — A temporary sign attached or
affixed to the interior of a window or door, or a sign which is readily
visible and can be read from the exterior through a window or door
from an exterior lot line.
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The two-dimensional area included on one side of a sign,
which includes the frame or edge of the sign, if any. For measurement
purposes, the sign display area shall be deemed the smallest two-dimensional
square, rectangle, triangle, circle or combination thereof which will
encompass the entire side of the sign.
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.
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 2020-01, 2/6/2020]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility, including
the wireless equipment associated with the antenna and any preexisting
associated equipment on the structure, is cumulatively no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR § 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
§ 1.1307(b).
Radiant energy (direct, diffuse and reflected) received from
the sun.
A solar energy system that its primary use and exists solely
to generate energy for sale back into the energy grid system, rather
than being consumed on site.
A structure, the purpose of which is to convert solar energy
into usable solar energy for space heating or cooling, for water heating
or for electricity, by way of a solar energy system.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for space heating or cooling, for
water heating or for electricity and is not the primary use of the
property.
Any waste including, but not limited to, municipal, residual
or hazardous waste, including solid liquid, semisolid or contained
gaseous materials. The term "solid waste" does not include coal ash
or drill cuttings.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid wastes into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
the waters of the municipality.
A lot, parcel or tract of land including, but not limited
to, a sanitary landfill where garbage, trash or junk is disposed of
or is processed or recycled for disposal or processing of hazardous
or radioactive materials.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste or permit leachate.
Any containment of any waste in excess of six months shall constitute
disposal.
A place where solid waste is brought, sorted, stored for
less than four days and transferred from one vehicle to another vehicle
or to a rail car for the purpose of transport to a solid waste disposal
area or facility.
Any method, technique or process, including neutralization,
designed to change the physical, chemical, biological, character or
composition of any waste so as to neutralize such waste or so as to
render such waste nonhazardous, safer for transport, suitable for
recovery, suitable for storage, or reduced in volume. The term "solid
waste treatment" includes any activity or processing designed to change
the physical form or chemical composition of waste so as to render
it neutral or nonhazardous.
A use permitted in a particular zoning district pursuant to the provisions of Part 24 and requiring prior approval and determination by the Zoning Hearing Board at a public hearing that the use complies with the standards as set forth in this chapter. A special exception approval may be granted subject to conditions imposed by the Zoning Hearing Board.
Camouflaging methods applied to wireless communication facilities
that render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennae, building-mounted antennae painted to match the existing
structure, shields covering view on existing facilities and other
facilities constructed to resemble trees, shrubs, flagpoles, and light
poles, etc.
[Added by Ord. No. 2020-01, 2/6/2020]
A building or yard used for the storing of goods or materials.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
A strip of land intended for use as a means of vehicular
or pedestrian traffic, whether public or private.
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:
(A) the street right-of-way line shall be not less than 16 1/2
feet from the centerline of any existing road or street; and (B) 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 or in land or water, whether or not affixed to the land.
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
or 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.
A modification substantially changes the physical dimensions
of a wireless support structure if it meets any of the following criteria:
[Added by Ord. No. 2020-01, 2/6/2020]
For towers outside the public rights-of-way, it increases the
height of the wireless support structure by more than 10% or by the
height of one additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater; for
other antenna support structures, it increases the height of the antenna
support structure by more than 10% or more than 10 feet, whichever
is greater;
Changes in height should be measured from the original antenna
support structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers outside the public rights-of-way, it involves adding
an appurtenance to the body of the wireless support structure that
would protrude from the edge of the antenna support structure more
than 20 feet, or more than the width of the antenna support structure
at the level of the appurtenance, whichever is greater; for other
wireless support structures, it involves adding an appurtenance to
the body of the antenna support structure that would protrude from
the edge of the antenna support structure by more than six feet;
For any antenna support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the antenna
support structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the antenna support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided however that this limitation
does not apply to any modification that is noncompliant only in a
manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i)
through (iv).
Any artificially constructed body of water and any lake or
pond maintained by an individual for bathing by the members of the
household and guests, located on a lot as an accessory use to the
residence. A wading pool, with a depth of less than 18 inches, shall
not be deemed as a swimming pool. A portable pool, located above ground
level, with an area of less than 125 square feet and constructed to
contain a water depth of less than two feet, temporary in character
and constructed of a material other than concrete or masonry, capable
of being moved from one place to another, shall not be deemed a swimming
pool.
Any body of water maintained for the use of an association
of members and guests or the general public either for a fee or without
cost. A wading pool with a depth of less than 18 inches shall not
be deemed as a swimming pool. A portable pool located above ground
level, with an area of less than 125 square feet and constructed to
contain a water depth of less than two feet, temporary in character
and constructed of a material other than concrete or masonry, capable
of being moved from one place to another, shall not be deemed a swimming
pool.
A temporary or permanent sales area, either under cover of
a tent or open aired, that is customarily located within an existing
parking lot, a vacant lot or on the roadside that may sell item such
as, but not limited to, fireworks, flowers, plants, furniture, housewares,
tools, etc. Farmstands or produce stands or special sales by benevolent
organizations such as churches, boy scouts, girl scouts, Kiwanis,
Lion's Club, Rotary Club, fire companies, EMS companies, police organizations,
etc., shall not constitute a tent sale.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
Such devices shall not be deemed a public utility or public use.
Lower Macungie Township, Lehigh County, Commonwealth of Pennsylvania.
A terminal where private and public transportation services
via bus, van, car, train, etc., are available to riders for local,
regional or interregional passenger service. Accessory uses for interior
waiting areas, sale of food and drink or minor personal services are
customary and incidental at a terminal or station.
The distance measured from the surface of the tower or building
foundation to the highest point of the turbine rotor plane.
Manufacturing process to create or fabricate products that
do not utilize any heavy machinery, assembly lines, loud equipment,
toxic materials/components or dangerous conditions in their creation
on a site. The use has zero impact to surrounding properties and does
not cause nuisance in sound, light, vapors or waste outside the structure
where it is housed. The use shall not include the production or processing
of any food or beverage.
Includes the phrases "arranged," "designed" and "intended
to be used" and shall mean a specific purpose for which land, buildings
or structures are designed, arranged, intended, occupied or maintained,
or any activity, occupation, business or operation which may be conducted
at a given location.
Equipment of facilities regulated by the Pennsylvania Public
Utility Commission and utilized for producing, generating, transmitting,
distributing or furnishing natural or artificial gas, electricity
or steam for the production of light, heat or power to or for the
public for compensation; diverting, developing, pumping, ponding,
and distributing or furnishing water to or for the public for compensation;
transporting passengers or property as a common carrier; equipment
of facilities for use as a canal, turnpike, tunnel, bridge, wharf
and the like for the public for compensation; transporting or conveying
natural or artificial gas, crude oil, gasoline or petroleum products,
materials for refrigeration of oxygen or nitrogen or other fluid substance
by pipeline or conduit for the public for compensation; conveying
or transmitting messages or communications by telephone or telegraph
or domestic public land mobile radio service including, but not limited
to, point-to-point microwave radio service for the public for compensation;
and sewage collection treatment or disposal for the public for compensation.
Utilities shall not include alternative tower structures, antennas,
backhaul networks or towers.
The relief granted pursuant to the provisions of § 27-2604, Subsection 5.D.
A wetland or water that is confined to a basin depression
without a permanent flowing outlet, supporting species adapted to
reproduce in ephemeral aquatic conditions, maintaining ponded water
for at least a portion of the year and that is free of fish and dries
up for a definitive period of the year. Species that inhabit vernal
pools include amphibians such as frogs and salamanders. Areas known
as "ghost lakes" shall be classified as vernal pools for purposes
of this chapter, unless delineated otherwise by the United States
Army Corps of Engineers (USACOE).
Any building used for the treatment, housing or limited boarding
of animals such as dogs, cats, goats, rabbits and birds or fowl by
a veterinarian.
A man-made structure which permanently or temporarily prohibits
or inhibits travel between properties or portions of properties or
between the street or public right-of-way and a property.
A commercial enterprise located in a building or group of
buildings primarily used for the storage, transfer and/or distribution
of goods, products and/or materials. Retail sales of those goods,
products and/or materials within such building or group of buildings
are specifically excluded.
CENTRAL WATER SUPPLY SYSTEMA public or private utility system designed to transmit potable water from a common source to customers in compliance with Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever is more stringent.
PRIVATE WATER SUPPLYAn on-lot water supply system generally providing for an adequate supply of potable water to one building or a group of buildings on a single lot and in compliance with the Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever is more stringent.
Pennsylvania Wireless Broadband Co-location Act (53 P.S.
§ 11702.1 et seq.).
[Amended by Ord. No. 2020-01, 2/6/2020]
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted to life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
An electricity generating facility, whose main purpose is
to generate electricity for sale back to the energy grid system, consisting
of wind turbines and other accessory structures and buildings, including
substations, meteorological towers, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any.
An accessory agricultural operation to a vineyard where wine
is produced for consumption on or off site. A winery may include a
tasting area and event space as customary and incidental if all regulations
and requirements of this chapter are met.
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.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the average
elevation of the final grade upward; provided, however, that fences
and walls may be permitted in any yard subject to height limitations
as hereinafter specified in this chapter.
The yard area between the building line or front main wall
of a building and the front street right-of-way, measured perpendicular
to the property line.
The yard area between the rear building or, if no building
has been constructed, the building restriction line and the closer
of any property line, measured perpendicular to the property line.
A required or existing yard between the building restriction
line and the side lot line and extending the entire length of, and
parallel to, the side lot line.
The Official Zoning Map of Lower Macungie Township.
The administrative officer charged with the duty of enforcing
the provisions of this chapter, and any amendments hereto.
Shall refer to the Lower Macungie Township Zoning Ordinance,
including the Official Zoning Map, Official Street Classification
Map, all overlays to the Zoning Map and all amendments thereto.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
[5]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[6]
Editor's Note: See 42 U.S.C. § 2011 et seq.
[7]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
