[Amended 11-3-2004 by Ord. No. 2004-4; 7-11-2022 by Ord. No. 2022-4; 12-1-2025 by Ord. No. 2025-4]
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise.
ADAAmericans with Disabilities Act.
ADMINISTRATORThe person designated by the Supervisors who receives subdivision or land development plans or otherwise acts for and on behalf of the Township; also referred to as the "Township Planning Administrator."
AGRICULTUREThe cultivation of the soil and the raising, harvesting, storage, and sale of tree and field crops; and the raising and keeping of livestock, poultry and other animals (excluding household and farm pets) that can be fed and primarily supported by the land on which such animals are raised.
ALLEYA vehicle right-of-way having a maximum right-of-way width of 20 feet and that usually provides secondary access to the side or rear on two or more lots.
APPLICANTA subdivider, or his authorized agent, requesting the approval of a proposed subdivision or land development under this chapter.
APPLICATION FOR DEVELOPMENTA written form supplied by the Township for a Township approval, decision or permit, including any accompanying site plan and additional information and materials that the Township requires the applicant to submit.
ARCHITECTA professional architect registered by the Commonwealth of Pennsylvania.
AUTHORIZED AGENTAny person authorized to act for the applicant, who submits a subdivision or land development plan to the Planning Commission for the purpose of obtaining review and approval thereof.
BERMA mound or ridge of landscaped earth designed to act as a screen and buffer.
BIKEWAYA pathway designed to be used by cyclists.
BOUNDARY STREETThe existing street on which a subdivision or land development abuts.
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
BUILDINGAny structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof."
CALIPERThe diameter of a tree trunk measured in inches, at a point six inches above ground level for trees up to four inches in diameter, 12 inches above ground level for trees from four inches to 12 inches in diameter and at breast height (dbh), generally assumed to be four feet, for trees over 12 inches in diameter.
CARTWAY (ROADWAY)The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.
CLUSTER DEVELOPMENTA residential development meeting all of the requirements contained in Chapter
440 of this Code (Zoning) for a "Cluster Development" (as such phrase is defined in Chapter
440 of this Code (Zoning)) including the provision of open space in return for reduced lot areas.
A parking facility other than those provided within the lot lines of the lot on which one single-family detached dwelling, one single-family semidetached dwelling, one townhouse, one two-family detached dwelling or one two-family semidetached dwelling is located.
CONDOMINIUMA set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which was created under the Pennsylvania Unit Property Act of 1963 or is/was created under the Pennsylvania Uniform Condominium Act of 1980, as amended.
CONSULTANTA person who gives expert or professional advice, hired by the Supervisors, e.g., engineer, surveyor, planner, etc.
COUNTYThe County of Lehigh, Commonwealth of Pennsylvania.
CROSSWALKSPainted lines or other markings which clearly designate a walkway across a roadway.
CUL-DE-SACA street terminating at one end in a vehicular turnaround.
CULVERTA structure designed to convey a watercourse under a road or pedestrian walk.
DEPDepartment of Environmental Protection (Commonwealth of Pennsylvania).
DEDICATIONAn act transmitting property or interest therein or thereto to the Township or to any other appropriate governmental entity.
DEED RESTRICTIONSAny clause in a deed confirming limitations imposed on development of property by way of any deed to property existing in the chain of title.
DENSITYThe total number of dwelling units proposed on a lot divided by the lot area, unless otherwise indicated.
DETENTION BASINA man-made or natural water collector facility designed to collect surface water in order to impede its flow and to release the same at a specified rate into natural or man-made outlets.
DEVELOPERAny landowner or equitable title holder, agent of either, or tenant with the permission of either, who makes or causes to be made a subdivision of land or a land development.
DRAINAGE AREAThe tributary area from which all surface water drains to a common point.
DRIVEWAYA privately owned, constructed, and maintained vehicular access from a street to one, two or three principal buildings or their accessory buildings, and which does not meet the definition of a street or an alley.
DWELLINGA building used as nontransient living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of "sectional home" (below). This chapter categorizes dwellings into the following types:
A. CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Chapter
440, Zoning, of this Code, as amended.
LOW-RISE APARTMENTS (GARDEN APARTMENTS)Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single family detached dwelling, single family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produces in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
(1) MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: a) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; b) is designed for permanent occupancy; c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; d) is constructed so that it may be used with or without a permanent foundation; and e) is not a "recreation vehicle." The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home" which is defined above. See standards set forth in Chapter
440, Zoning, of this Code, as amended.
SEMIDETACHED DWELLING (OR HALF OF A TWIN HOME)One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced, vertical, fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row house" or "single-family attached dwellings." See standards set forth in Chapter
440, Zoning, of this Code, as amended.
TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
DWELLING UNITA single habitable living unit occupied by only one family. (See definition of "family" as defined in Chapter
440, Zoning, of this Code.) Each dwelling unit shall have: a) its own toilet, bath or shower, sink, sleeping and cooking facilities, and b) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include either or both of the following: a) two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another, or b) two separate and distinct sets of kitchen facilities. See "apartment for care of relative," as defined in Chapter
440, Zoning, of this Code.
Equivalent dwelling unit.
ELECTRONIC SUBMISSIONThe submission of plans and drawings in an electronic (computer-generated) format that is compatible with Autocad 2000, on media acceptable to the Township.
EASEMENTAuthorization by a property owner for the use by another for a specified utility, access or purpose of any designated part of the owner's property. See "conservation easement," as defined in Chapter
440, Zoning, of this Code.
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EROSION AND SEDIMENT CONTROL PLANA plan which fully indicates necessary land treatment measures, including a schedule for the timing of their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with 25 Pa. Code Chapter
102, Erosion and Sedimentation Control regulations.
A fund or other item of value, deposited or pledged by or on behalf of an applicant, developer, or owner, with or on behalf of or for the benefit of the Township, to serve as financial security to guarantee or secure the satisfactory performance or purchase of a certain action, construction, installation, goods, or services, or to serve as a source of compensation or reimbursement of or for the same, regardless of where or how held or the form of title by which it is held.
EXISTING GRADEThe vertical location of the existing ground surface prior to any site earthmoving activities.
FINANCIAL SECURITYRefer to MPC Section 509, Completion of Improvements or Guarantee Thereof Prerequisite to Final Plat Approval, especially Subsections (c), (d) and (e) [53 P.S. §
10509(c),
(d) and
(e)], as amended.
The final elevation of the ground surface conforming to the approved plan design after site earthmoving activities.
FLOODPLAIN (100-YEAR)The definitions in the Township Building Permit and Flood Control Ordinance (Chapter
242, Floodplain Management, of this Code, as amended and as may be superseded) shall apply. Such definitions as amended are hereby incorporated by reference.
A. The inclination, with the horizontal, of a road, pipe, curb, land, etc., which is generally expressed by stating the vertical rise or fall in elevation as a percentage of the horizontal distance.
The elevation of ground or paving.
GROUNDWATER RECHARGEThe process of stormwater entering into the ground to replenish the underground water table.
IMPERVIOUS SURFACEArea covered by roofs, concrete, asphalt or other man-made cover, which has a coefficient of runoff of 0.85 or higher. The Township Engineer/Consultant shall decide any dispute over whether an area is "impervious." Vehicle parking and loading areas constructed of stone shall be considered impervious based upon future compaction by vehicles. Areas of land paved for the sole purpose of noncommercial tennis courts, trails or basketball courts or closely similar active outdoor recreation may be deleted from impervious coverage under Chapter
440, Zoning, of this Code, unless they would also be used for nonrecreational uses (such as parking). However, those areas still count as impervious coverage for the purposes of determining compliance with stormwater regulations.
Any expansion of more than 2,000 square feet in the floor area of any nonresidential principal building; conversion of a nonresidential principal building to a new nonresidential principal use but not including routine changes between closely similar uses as determined by the Zoning Officer. Any new or expanded paved area of greater than 10,000 square feet as determined by the Zoning Officer or Township. The above 2,000 square feet shall be measured in aggregate over the entire life of the existing building. All expansions of the building(s) that occurred since the inception of the building shall count toward the above 2,000 square feet increase. Any increase beyond 2,000 square feet shall be considered a land development.
IMPROVEMENTSAny and all physical additions, deletions, or alterations made to one or more parcels of land and/or structures situate on such land, except those due to natural causes.
IMPROVEMENTS GUARANTEEAny security which is accepted by the Township to guarantee that certain improvements will be made within the subdivision or land development, including escrow agreements and any other collateral or surety agreements.
IMPROVEMENTS SPECIFICATIONRegulations adopted or approved by the Township pursuant to this chapter imposing minimum standards for the construction of the required improvements such as roads, curbs, sidewalks, sewers, etc.
IMPROVEMENTS, REQUIREDAny improvement that is required by any one or more of the following:
A. Any Township ordinance, specifically including but not limited to:
(1) This chapter, as amended;
Chapter
440, Zoning, as amended;
Any Township ordinance adopting and implementing a regional stormwater management plan that is prepared and approved pursuant to Act 167 of 1978;
Any building or construction code or ordinance, as subsequently adopted and amended by the Township.
Any permit or required approval issued by any entity or agency (including successor agencies) other than the Township, including but not limited to:
(1) Lehigh Valley Planning Commission;
Lehigh County Conservation District;
State Department of Labor and Industry;
Pennsylvania Department of Transportation (PennDOT);
Pennsylvania Department of Environmental Protection (DEP) (formerly "Department of Environmental Resources"), for either water supply, sewage disposal, stormwater management [including National Pollutant Discharge Elimination System (NPDES) permits], dams or stream or woodlands encroachments, and/or earth disturbance permits.
Conditions of approval, and/or waivers or modifications of Township ordinances, as imposed by a final decision of either the Township's Zoning Hearing Board and/or the Township Planning Commission, as approved and/or modified by the Township's Supervisors, as the case may be.
Voluntary agreements, commitments, covenants, and promises by either the applicant, the developer, the owner, or a person acting for them or on their behalf.
Any other applicable law, ordinance, rule, regulation, permit, order or condition of a permit or order, whether by or of the Township or any other governmental agency or entity having jurisdiction.
LAKES AND PONDSNatural or artificial bodies of water which retain water year-round. Artificial ponds created by dams, or which result from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than the permanent pool if there is any difference. For the purpose of this chapter, "lakes" are bodies of water two or more acres in area and "ponds" are any bodies of water less than two acres in area.
LAND DEVELOPMENTThe definition in the Pennsylvania Municipalities Planning Code, as amended, shall apply, as may be lawfully adjusted by this chapter , as amended.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of a written, signed and active option or control to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner and if such lease is for a remaining period of at least 12 months) or authorized officers of a partnership or corporation that is a landowner.
LANDSCAPE ARCHITECTA professional landscape architect registered by the Commonwealth of Pennsylvania.
LOTA contiguous separate parcel of land that is recorded or that will be recorded after Township final subdivision approval in the office of the County Recorder of Deeds. A parcel under common ownership that is completely separated into two parts by a public street shall be considered to be one tract but two lots.
LOT AREAThe horizontal land area contained within the lot lines of lot (measured in acres or square feet).
A. For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
(1) Areas within the designated "future" or "existing" legal rights-of-way of: (1) any proposed or existing public streets or alleys; or (2) any proposed or existing commonly maintained private streets that serve more than one lot (note: proposed streets are not required to be excluded in determining density of apartments or townhouses under Chapter
440 of this Code (Zoning)); and
Areas that are currently or will be required to be dedicated as common open space on a separate lot (note: proposed common open spaces are not required to be excluded in determining density of apartments or townhouses under Chapter
440 of this Code (Zoning)).
The following land areas shall be excluded for the purposes of determining the minimum lot area and the maximum density for residential uses: land beneath or within 50 feet of overhead electrical transmission lines of 35 kilovolts or greater capacity and the towers/poles supporting such lines.
LOT LINE ADJUSTMENTThe relocation or deletion of one or more lot lines in such a way that all of the following are true:
A. No new lots will be created beyond what was previously approved;
No additional street segments or significant changes in alignment are proposed other than what was previously approved;
No nonconformities will be created under Chapter
440, Zoning, of this Code;
No new land development will occur other than a land development that was previously approved; and
No buildings are proposed other than to support crop farming.
LOT, FLAGAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked parcel.
LOT, REVERSE FRONTAGEA type of through lot that only has vehicle access onto the less heavily traveled street.
MAINTENANCE GUARANTEEAny security which may be required and accepted by the Township to ensure that necessary improvements will function as required for a specific period of time after completion and Township approval.
MARKERA steel pipe or pin of a least 3/4 inch in diameter and at least 24 inches in length.
MOBILE/MANUFACTURED HOME LOTA parcel of land in a mobile/manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE/MANUFACTURED HOME PARKA parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a mobile home park.
MOBILE/MANUFACTURED HOME STANDThat part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
MONUMENTEither a stone or concrete monument with a flat top at least four inches in diameter or square, containing a copper or brass dowel or a one-quarter-inch drill hole on top and at least 24 inches in length with the bottom side or radius being at least two inches greater than the top so as to minimize movements caused by frost.
MULTIPLE-DWELLING UNITA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building, including but not limited to the following types:
A. MULTIPLEXAn attached dwelling that may be single-family or multifamily, having no more than six units attached in a group with each unit having an independent outside access.
TOWNHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced, vertical, fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row house" or "single-family attached dwellings." See standards set forth in Chapter
440, Zoning, of this Code, as amended.
LOW-RISE APARTMENTS (GARDEN APARTMENTS)Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership
MID-RISE APARTMENTThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
MUNICIPALITIES PLANNING CODE or MPCThe Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted by Act 170 of 1988 and Act 209 of 1990, codified at 53 P.S. §
10101 et seq., as amended.
Township of North Whitehall, Lehigh County, Pennsylvania.
NRCSNatural Resources Conservation Service.
NOTABLE TREEAny tree having a caliper of six inches or more.
OFF-SITENot located on the property that is the subject of a development application or a contiguous portion of a street or right-of-way.
ON-SITELocated on the property that is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE, COMMONA parcel or parcels of land within a tract which meets all of the following standards:
A. Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;
Will be deeded to the Township and/or deed restricted to permanently prevent uses of land other than common open space and noncommercial recreation; and
Does not use any of the following areas to meet minimum open space requirements:
(1) Existing or established future street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Township for agricultural preservation);
Off-street parking (other than that clearly intended for noncommercial recreation);
Area(s) needed to meet a requirement for an individual lot;
Area(s) deeded over to an individual property owner for his/her own exclusive use, except for land approved by the Township for agricultural preservation;
Land beneath or within 50 feet of each side of each of the following:
(a) Overhead electrical transmission lines of 35 kilovolts or greater capacity;
The towers/poles supporting such lines;
For land intended to be open to the public, that does not have provisions for entry with a 20-foot minimum width by pedestrians from a street open to the public or from an adjacent common open space area that has access to such a street;
Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Supervisors would be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions;
Portions of land that have a width of less than 20 feet;
Land that includes commercial recreation uses, except as may specifically be permitted to be counted towards a common open space requirement by a specific provision of this chapter; and
Land that includes a central sewage treatment plant.
PATHWAYA pedestrian accessway which is not adjacent to a street or access drive and conforms with this chapter.
PERFORMANCE GUARANTEESecurity in accordance with the provisions set forth in Act 247, as amended, to guarantee that all improvements required in the improvements agreement are satisfactorily completed.
PLAN, FINALA complete and exact subdivision or land development plan, including all required supplementary data, prepared for official recording as required by statute, to define property lines and proposed streets and other improvements, including modifications thereof as may be represented by deed restrictions and/or easements.
PLAN, OFFICIALThe Comprehensive Plan, Official Map, topographical survey, future land use plan and/or such other plan, or portions thereof, as may have been adopted by the Township pursuant to the Municipalities Planning Code.
PLAN, PRELIMINARYA tentative formal subdivision or land development plan, including all required supplementary data showing the proposed street and lot layout as a basis for subdivision or land development consideration prior to preparation of the final plan.
PLAN, RECORDThe copy of the final plan which contains the original required endorsements of the Township and which is to be recorded with the County Recorder of Deeds.
PLAN, SKETCHAn informal plan, indicating salient existing features of a tract and its surroundings, and the general layout of a proposed subdivision or land development. A concept plan of sufficient accuracy to be used for the purpose of discussion and classification.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land to be developed under a single completely unified development plan for a number of dwelling units, or a combination of residential and certain permitted nonresidential uses, and which under any applicable PRD provisions of Chapter
440, Zoning, of this Code, is allowed to vary from the lot area, bulk, type of dwelling, use, density, intensity and/or lot coverage regulations established by the applicable zoning district, and which provides common open space and such other improvements as provided in any PRD provisions of this chapter and other applicable Township ordinances.
The Planning Commission of North Whitehall Township, Lehigh County, Pennsylvania.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PUBLIC UTILITYAny public or private entity which provides any type of utility service to the public under PUC jurisdiction or the Pennsylvania Municipality Authorities Act.
REPRODUCIBLEA photographic Mylar, which is capable of producing clear Diazo paper prints or equivalent.
RETENTION BASINA pond, pool or basin used for the permanent storage of water runoff.
RIGHT-OF-WAYAn area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the "existing street right-of-way" unless another meaning is otherwise stated or clearly implied from the context in which it is used.
A. STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Township or state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
(1) This term also shall mean the actual line separating an abutting lot from such existing street right-of-way.
Width. The existing street right-of-way line shall, in absolutely no case, be located less than 16.5 feet from the center line of any existing public street. The right-of-way line for any public alley within the Township shall be an absolute maximum of 10 feet from the center line of said existing alley.
B. STREET RIGHT-OF-WAY, FUTURE OR ULTIMATEAn area or strip of land, and the line separating it from any abutting lot, which land is to be dedicated or is required to be defined or reserved for future dedication or use as a street and/or for related public improvements, including but not limited to utilities.
(1) The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" each shall have the same meaning.
In those instances or locations where a future right-of- way is not defined or required to be defined or reserved, then the term "future right-of-way" shall have the meaning as "existing street right-of-way."
See also Chapter
440 of this Code (Zoning).
SANITARY SEWERAGE SYSTEM, PUBLICA sanitary sewerage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal facility.
SCREENINGYear-round plant material of substantial height and density designed to provide a buffer. See also the requirements of Chapter
440 of this Code (Zoning).
A deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.
SEPTIC SYSTEMAn underground sewage system with a septic tank and drain field used for the decomposition of domestic wastes.
SETBACK LINEA. The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the side lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions in Chapter
440 of this Code (Zoning).
Unless otherwise stated, setback distances are for both accessory and principal structures.
Private streets: for a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street.
SEWAGE ENFORCEMENT OFFICERThe official of the Township who issues and reviews permit applications and conducts such investigations and inspections as are necessary to implement the Pennsylvania Sewage Facilities Act.
SETBACK LINEA. The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the side lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions in Chapter
440 of this Code (Zoning).
Unless otherwise stated, setback distances are for both accessory and principal structures.
Private streets: for a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street.
SIGHT DISTANCEThe length of roadway over which an object is continuously visible to the driver.
SIGHT DISTANCE (CORNER)The length of highway along which a driver, stopped at an intersection or driveway, can continuously see another vehicle approaching on another roadway or driveway. For purposes of measuring the available corner sight distance, the height of both the driver's eye and the approaching vehicle shall be assumed to be 3.50 feet above the road surface, and the driver's eye shall be assumed to be 10 feet from the near edge of the intersecting roadway or driveway, or the nearest edge of the closest travel lane if parking is permitted on the intersecting roadway or driveway.
SIGHT DISTANCE (STOPPING)The length of highway over which an object is continuously visible to the driver. For purposes of measuring the available stopping sight distance, the driver's eye height is assumed to be 3.50 feet above the roadway surface and the object is assumed to be six inches above the roadway surface.
NOTES: |
|---|
6.0 feet sight object is used for s.u. design vehicle (industrial type development). |
3.50 feet sight object is used for passenger car design vehicle. |
Sight object should be on center line of driveway, 15 feet to 20 feet from edge of roadway. |
SOURCE: PennDOT, Bureau of Traffic Engineering. |
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREAAll land area within the site as defined in the deed. Area shall be calculated from an actual site survey rather than from a deed description.
SOIL PERCOLATION TESTA field test conducted to determine the suitability of the soil for a sanitary sewage system by measuring the absorptive capacity of the soil at a given location and depth.
SOIL PROBEAn excavation done to analyze the soil profile and to determine the presence or absence of a limiting zone, in accordance with DEP regulations.
SOLID WASTEA. Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities.
For the purposes of this chapter, the following materials shall not be considered to be solid waste:
(1) Portions of trees or shrubs, leaves, mulch and rocks;
Substances legally disposed of into the air or water through a federal or state pollution discharge permit;
Customary residual wastes from a permitted mineral extraction use; or
Materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream that is clearly awaiting imminent recycling.
STREETA public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
STREET CLASSIFICATIONThe functional classification of streets into the following types, as shown on the Official Intended Future Street Classification Map attached to Chapter
440, Zoning, of this Code for existing streets and as determined by the Township Engineer for future streets:
A. EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
MINOR ARTERIAL STREETDesigned to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties. Major collector streets are intended to carry higher amounts of traffic than minor collector streets.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
(1) MARGINAL ACCESS STREETA type of local street which is parallel to and adjacent to an expressway, major arterial street, or minor arterial street, and which provides access to abutting properties and protection from through traffic.
CUL-DE-SAC STREETA type of local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
ALLEYA vehicle right-of-way having a maximum right-of-way width of 20 feet and that usually provides secondary access to the side or rear on two or more lots.
STRUCTUREAny man-made object having a stationary location on, below or in land or water, whether or not affixed to the land, subject but not limited to the following specific standards:
A. The following specifically shall be considered to be a structure: buildings, signs, stadiums, platforms, communications towers, walkways, porches or decks that are covered by a permanent structure; swimming pools (whether above- or below-ground); storage sheds, carports and garages.
Any structure shall be subject to the principal or accessory setbacks of Chapter
440, Zoning, of this Code, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.
A ground-level parking lot shall not by itself be considered to be a structure, provided that all other requirements of Chapter
440, Zoning, of this Code are met.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION, MINORA subdivision which does not require any new street or easement, does not involve the extension of any municipal facilities or public utility, does not adversely affect the development of the remainder of the parcel or of any adjoining property, and is not in conflict with any provisions of this chapter or Chapter
440, Zoning, of this Code.
The submission deadline will be 12:00 noon on the 30th day (including meeting day) prior to the Planning Commission meeting. (Note: Should this deadline fall on a legal holiday or a day that the Township is not open, the deadline shall be 12:00 noon on the next business day.)
SUBSTANTIALLY COMPLETEDWhere, in the judgement of the Township Engineer/Consultant, at least 90% (based on the cost of required improvements for which financial security was posted pursuant to Section 509 of the Municipalities Planning Code) of those improvements required as a condition for final approval or been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUBSURFACE SEWAGE DISPOSALA system of open jointed or perforated pipes laid in the upper strata of the soil to distribute sewage effluent into the soil for absorption and evaporation.
SUPERVISORSThe Board of Supervisors of North Whitehall Township, Lehigh County, Pennsylvania.
SURVEYORA licensed surveyor registered by the Commonwealth of Pennsylvania.
TOWNSHIPNorth Whitehall Township, Lehigh County, Pennsylvania.
TOWNSHIP ENGINEERA licensed engineer or consulting firm designated by the Supervisors to perform the duties of engineer as herein specified.
TRACTOR PATHAn unimproved lane leading from a public or private road into a field or tract of land, generally used for the transportation of farm equipment.
UTILITYUseful service provided to the public, such as gas, water, sanitary sewer, telephone, cable TV, etc., or the company that provides such a service.
WATER SERVICEProvision of potable water to a use.
A. CENTRAL WATER SERVICEService prior to occupancy by a central water system that transmits water from a common source and is operated by:
(1) A water system in municipal ownership; or
A water system that meets the applicable criteria below regarding private ownership and that already serves and/or receives municipal approval to serve 30 or more dwellings or principal uses.
"Public water service" is central water service by a system in municipal ownership. |
B. ON-LOT OR NONPUBLIC WATER SERVICEService prior to occupancy by a water system that does not meet the definition of a "central water service." In most cases, this would involve an individual well serving an individual lot but may also include a common well or another duly approved system.
WATER SYSTEMA system designed to transmit water from a source to users, in compliance with the requirements of the appropriate state agencies and the Township. See Chapter
440 of this Code (Zoning).
B. MUNICIPAL OWNERSHIP OF WATER SYSTEMA central water system owned by any of the following:
(1) North Whitehall Township;
A municipal authority, such as the Lehigh County Authority and/or Northampton Borough Municipal Authority.
(a) Establishment. Unless the provider is North Whitehall Township, the entity providing the municipal water service shall be duly organized and lawfully existing in accordance with the General Municipal Laws of the Commonwealth of Pennsylvania, and the appropriate municipal code or the Municipality Authorities Act of 1945 (53 Pa.C.S.A. §
5601 et seq.), each as amended, as applicable.
C. PRIVATE OWNERSHIP OF CENTRAL WATER SYSTEMA central water system that is owned by a legal entity which:
(1) Currently holds all required permits from the Pennsylvania DEP; and
Holds a current certificate of public convenience and necessity (or similar document) from the Pennsylvania Public Utility Commission (or its successor agency).
ZONING ORDINANCEThe North Whitehall Township Zoning Ordinance, as amended; see Chapter
440, Zoning, of this Code.