As used in this chapter, the following terms shall have the meanings indicated:
100-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years, (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
ACCELERATED EROSIONThe removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur because of the natural processes alone.
ADMINISTRATIVELY COMPLETEAll plans, drawings, studies, the project and property descriptions, and other documents (including payment of any and all fees) required for Township officials to fully review all aspects of a subdivision or land development plan.
ADVERSE IMPACTA negative impact to land or waters resulting from construction or development activity. The negative impact may include increased risk of flooding, degradation of water quality, increased sedimentation, reduced groundwater recharge, negative impacts on aquatic organisms, negative impacts on wildlife and other resources, and threatened public health.
ALLEYA permanent serviceway providing a secondary means of access to abutting lands and having a width of less than 33 feet.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his/her/its heirs, successors, assigns or designated representatives.
APPLICATION FOR DEVELOPMENTEvery application or submission, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plan (minor or major) or for the approval of a land development plan.
BEST MANAGEMENT PRACTICESStructural devices or other methods that temporarily store or treat stormwater runoff to reduce flooding, remove pollutants, provide for groundwater infiltration, and offer environmental amenities. Examples of best management practices include open space preservation, maintaining stream and lake vegetational buffers, stormwater retention/detention basins or facilities, created treatment wetlands, and stormwater treatment chains.
BLOCKA tract of land or a lot or group of lots bounded by streets, public parks, or parkways, railroad rights-of-way, watercourse or body of water, unsubdivided land, or a boundary line or lines of the Township.
BOARD OF SUPERVISORSThe Board of Supervisors of Upper Mount Bethel Township, Northampton County, Pennsylvania.
BUILDINGAny combination of materials (or part thereof) forming any construction which requires location on the ground or attachment to something having location on the ground. The term "building" shall include the term "structure," as well as signs, fences, walls, swimming pools, porches, garages and similar structures.
BUILDING SETBACK LINEThe line within a property defining the minimum required distance between the principal building to be erected and an adjacent ultimate road right-of-way.
CISTERNAn underground reservoir or tank for storing rainwater.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents. It does not include streets, off-street parking areas, natural resources to be protected by this chapter and areas set aside for public facilities.
COMPREHENSIVE PLANThe complete plan, or any part of its plan, for the development of Upper Mount Bethel Township, prepared by the Commission and adopted in accordance with the Pennsylvania Municipalities Planning Code. References to this plan are also noted as the Township Comprehensive Plan (updated and revised on April 2001), and officially adopted on July 9, 2001.
COUNTYNorthampton County, Pennsylvania.
CROSSWALK or WALKWAYA strip of land including a right-of-way dedicated to public use to facilitate pedestrian access through or into a block.
CULVERTA pipe, conduit or similar enclosed structure including appurtenant works which carries surface water.
DECISIONFinal adjudication of any board or other body granted jurisdiction under this chapter, Chapter
350, Zoning, of the Code of the Township of Upper Mount Bethel, and/or the Municipalities Planning Code 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.
The Pennsylvania Department of Environmental Protection. This also includes any reference to its prior name the "Pennsylvania Department of Environmental Resources".
DESIGN STORMThe magnitude of precipitation from a storm event measured in probability of occurrence (e.g., fifty-year storm) and duration (e.g., twenty-four-hour), and used in computing stormwater management control systems.
DESIGNATED FLOODPLAIN DISTRICTSThose floodplain districts specifically designated in Chapter
141, Floodplain Management.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A basin designed to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. A detention basin can be designed to drain completely after a storm event or it can be designed to contain permanent pool of water.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of this chapter, Chapter
350, Zoning, of the Code of the Township of Upper Mount Bethel, or applications thereunder, except the following:
A. The governing Board of Supervisors; or
The Zoning Hearing Board.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
DIVERSION TERRACEA channel and a ridge constructed to a predetermined grade across a slope, and designed to collect and divert runoff from slopes which are subject to erosion.
DRAINAGE EASEMENTA right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DRIPLINEThe perimeter line on the ground measured from the outermost edge of the vertical plane established by the branches of the tree.
DWELLINGA building arranged, intended, or designed to be occupied by one or more families living independently of each other upon the premises.
A. SINGLE-FAMILY ATTACHED DWELLINGA building designed for and occupied exclusively as a residence for one family, attached to another similar unit(s) by means of one or more party walls.
SINGLE-FAMILY DETACHED DWELLINGA building designed and occupied exclusively as a residence for one family, and which has no part of a wall in common with an adjacent building.
MULTIFAMILY DWELLINGA single building or group of buildings, each of which is intended and designed to be occupied by three or more families living independently of each other as separate housekeeping units.
TWO FAMILY DETACHED DWELLINGA single building intended and designed to be occupied by two families living independently of each other as separate housekeeping units.
EARTHEN BERMAn elongated and shaped mound of earth, located between two land uses, in conjunction with landscaping, for the purpose of visual screening and/or physical separation.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
ENGINEERThe Township Engineer designated by the Board of Supervisors to perform all supervisory duties required of a registered engineer by the provisions of this chapter.
EROSIONThe removal of soil particles by the action of water, wind, ice or other geological agents.
FLAG POLE LOT or FLAG LOTAn irregularly shaped lot characterized by an elongated extension from a road to the principal part of the lot. The flag pole shape shall act as access to an otherwise landlocked interior parcel. The access strip or pole of a flag lot shall not be included in net lot area. The minimum width of the access strip or pole of any flag lot shall be 30 feet in order to accommodate ten-foot wide utility easements on each side and shall be capable of accommodating all vehicles, including emergency vehicles. Flag lots permitted: one lot, plus an additional flag lot(s) that is(are) equal to 5% of the total number of all lots (including proposed flag lots) for all phases of the plan. If the percentage is not a whole number, the number of flag lots is rounded down.
[Amended 1-26-2009 by Ord. No. 2009-01]
A. The flag lot may be further subdivided if the access strip or pole is 50 feet wide and is constructed in accordance with Township and PennDOT standards and specifications for "streets" as per §
298-20B of this chapter.
If the access strip or pole of the flag lot is used to access other adjoining property (other than the flag lot itself), whether that other property is under common ownership or not, then the access strip or pole must be 50 feet wide and be constructed in accordance with Township and PennDOT standards and specifications for "streets" as per §
298-20B of this chapter.
FROM THE SITEA distance "from the site" or "from the site to be subdivided or developed" shall be measured from the outer perimeter of the entire tract to be developed and not from the center or any point inside of the tract.
GREENWAYA greenway is a corridor or area of open space. Greenways vary greatly in scale, from narrow ribbons of green that run through urban, suburban, and rural areas, to wider corridors that incorporate diverse natural, cultural and scenic features. They can incorporate both public and private property, and can be land- or water-based. They may follow old railways, canals, or ridge tops, or they may follow stream corridors, shorelines, or wetlands, and include water trails for nonmotorized craft. Some greenways are recreational corridors or scenic byways that may accommodate motorized and nonmotorized vehicles. Others function almost exclusively for environmental protection and are not designed for human passage. Greenways differ in their location and function, but overall, a greenway will protect natural, cultural, and scenic resources, provide recreational benefits, enhance natural beauty and quality of life in neighborhoods and communities, and stimulate economic development opportunities.
[Added 3-30-2009 by Ord. No. 2009-03]
Any surface on a lot which blocks the natural percolation of water. Examples include, but are not limited to, structures, including eaves, roofs, and roof overhangs, parking areas, driveways, sidewalks, patios and decks, sport courts, pools and gravel surfaces.
INDIVIDUAL ON-LOT SEWAGE SYSTEMA system of piping, tanks, or other facilities serving a single lot and collecting and disposing of sewage into a subsurface absorption area, retaining tank, or spray irrigation to the surface of the ground.
INFILTRATION STRUCTURESA structure designed to direct runoff into the ground, e.g., french drains, recharge beds, seepage pits, seepage trench.
LAND DEVELOPMENTIncludes any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or respective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
Development in accordance with 53 P.S. § 10503(1.1) of the MPC.
LAND DISTURBANCEAny activity involving grading, tilling, digging or filling ground, or stripping vegetation, or any other activity which causes land to be exposed to the danger of erosion.
LANDOWNERThe legal or equitable or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner or other person or entity having a proprietary interest in land.
LOTA designated piece, parcel, tract or area of land established by a plan or plat (or otherwise as permitted by law) and to be used as a building site (or intended to be used as a building site whether now or in the future) or to be otherwise used, developed or built upon as a unit, whether now or in the future, or any piece, parcel, tract or area of land, regardless of size, intended as a unit of ownership, transfer of ownership, use, rent, improvement or development.
LOT AREAThe horizontal area contained within the property line, but excluding the following.
A. Area within the future ultimate rights-of-way of any existing or proposed streets.
Permanent drainage easements that involve detention/retention basins.
Access strips in case of flag lots may not be included in net lot area.
LOT CORNERA lot at the junction and abutting on two or more intersecting roads where the interior angle of intersection does not exceed 120°. A lot abutting a curved road shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the road lines intersect at an interior angle of less than 120°.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT LINE, FRONTAny boundary of a lot which is along an existing or proposed ultimate road right-of-way. Corner lots and through lots shall have two front lot lines.
LOT LINE, REARAny boundary line of a lot extending between the side lot lines and generally opposite to the front lot line.
LOT LINE, SIDEAny boundary of a lot extending from a road and dividing separate lots which abuts the road.
LOT WIDTHThe horizontal distance between the side lot lines, measured along the building setback line and parallel to the front lot line. The front yard depth may be increased to achieve lot width if necessary.
LVPCLehigh Valley Planning Commission.
MOBILE HOMEA transportable single-family dwelling structure constructed on a permanent foundation (including but not limited to all-weather wood, stone, block or concrete, as approved by the Township) which is intended for permanent occupancy for use by one family, 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 and which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations (except for a travel trailer as defined herein) and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width and no longer readily capable of being separated for repeated towing.
MOBILE HOME PARKAny parcel of land which has been planned and improved for the placement of two or more mobile homes, occupied for dwelling and for nontransient use.
MUNICIPALITYUpper Mount Bethel Township, Northampton County, Pennsylvania.
NCCDThe Northampton County Soil Conservation District.
NRCSThe United States Department of Agriculture's Natural Resources Conservation Service (formerly "Soil Conservation Service" or "SCS").
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning 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 by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA 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 by reason of annexation.
NPDES PERMITNational Pollutant Discharge Elimination System permit.
OPEN TO THE PUBLICOpen to access by all residents of the Township and their guests.
[Added 3-30-2009 by Ord. No. 2009-03]
The maximum rates of flow of water at a given point and time resulting from a storm event.
PERFORMANCE GUARANTEEAny security which may be accepted by the Township in lieu of a requirement that certain improvements be made by the applicant before the plan is approved and of a form provided for by the Municipalities Planning Code.
PLAN or PLATA map or chart indicating the subdivision, resubdivision, or land development of land which in its various stages of preparation can include the following:
A. TENTATIVE SKETCHA draft showing proposed streets, lots or buildings related to topography, that is to be used as the basis for informal discussion between the representatives of the Planning Commission and the applicant, developer or builder. In §
298-19, Conservation Design Overlay Districts, a tentative sketch plan shall be defined as a diagrammatic sketch plan is a plan which illustrates initial ideas about a conceptual layout for greenway lands, house sites, and street alignments, and which is based closely upon the information contained in the existing resources and site analysis plan. The sketch plan is also designed in accordance with the four-step design process described in §§
298-19H and
298-20L, below, and with the design review standards and other standards listed in §§
298-19C(7) and
298-20K, below.
[Amended 3-30-2009 by Ord. No. 2009-03]
PRELIMINARY PLANA plan prepared for discussion with the Planning Commission and Board of Supervisors, showing the proposed street and lot layout, the deed restrictions, easements and all other items required under Article
IV of this chapter for the entire parcel of land being subdivided.
FINAL PLANA plan prepared for recording showing the ultimate width of streets, the lot lines, easements, and all other items required under Article
IV of this chapter.
PRIMARY CONSERVATION AREASIncludes 100-year floodplains, wetlands, land with slopes over 25%, streets (including rights-of-way), utility rights-of-way, stormwater management easements, and water bodies (including ponds, lakes, reservoirs, and the like).
[Added 3-30-2009 by Ord. No. 2009-03]
Includes, but is not limited to, parks, playgrounds, and public areas associated with public schools, sewage treatment facilities, and refuse disposal or management areas, and other publicly owned or operated facilities.
[Amended 3-30-2009 by Ord. No. 2009-03]
A formal meeting held pursuant to public notice by the Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), and as amended, and known as the "Sunshine Act".
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in Upper Mount Bethel Township. 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 be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
REVERSE FRONTAGE LOTSLots that front on one public street and back another with vehicular access solely from one street.
RIPARIAN BUFFERA transition area along flowing waterways that include zones of herbaceous plants and trees that are measured from the edge of the bank on each side of the waterway.
RUNOFFThat part of precipitation which flows over the land.
SECONDARY CONSERVATION AREASAreas such as slopes from 15% to 25%, hydric soils as listed in Hydric Soils Technical Note 1, USDA, Natural Resources Conservation Service, woodlands and scenic vistas.
[Added 3-30-2009 by Ord. No. 2009-03; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by water.
SEDIMENT BASINA barrier, dam, retention, or detention designed to retain sediment.
SEEPAGE PIT or SEEPAGE TRENCHAn area of excavated earth filled with loose stone or similar material and into which surface water is directed for infiltration into the ground.
SEWAGE CONNECTIONThe connection consisting of all pipes, fittings, and appurtenances from the drain outlet of a house, or mobile home to the inlet of the corresponding sewer pipe of the sewerage system.
SEWAGE DISPOSAL SYSTEM, CENTRALIZEDA public and/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 may be more stringent. Further, said Sewage Disposal System shall be consistent with the Public Sewer and Water Policy set forth in the Comprehensive Plan of Upper Mount Bethel Township, April 2001 (attached hereto as Appendix B of this chapter).
SOIL-COVER COMPLEX METHODA method of runoff computation developed by SCS and found in its publication "Urban Hydrology for Small Watersheds," Technical Release No. 55, SCS, January, 1975.
STORM SEWERA system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters or drainage, but excludes domestic sewage and industrial wastes.
STORMWATER MANAGEMENT CONTROLSAll structural and nonstructural appurtenances utilized to manage regulate or control stormwater runoff from construction or development while promoting the protection and conservation of groundwater and groundwater discharge. Stormwater management controls include, but are not limited to, detention facilities, retention facilities, vegetated swales, diversion channels, streams, culverts, bridges, infiltration facilities, cisterns and sediment basins.
STORMWATER MANAGEMENT PLANThe plan for managing stormwater runoff adopted by a county as required by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the "Storm Water Management Act."
STORMWATER MANAGEMENT SITE PLANThe plan prepared by the developer or his representative indicating how stormwater runoff will be managed at the particular site of interest according to this chapter.
STORMWATER RUNOFFThat part of precipitation which flows over the land ("surface runoff").
STREETThe space or area between the lot lines abutting upon a right-of-way including an alley, avenue, boulevard, court, highway, lane, parkway, road, viaduct, throughway, public square and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. For the purpose of this chapter, streets shall be classified as follows:
A. ADJACENT STREETSAdjacent to arterial streets and highways and which provide access to abutting properties as a protection from through traffic, i.e., a service road.
ALLEYSMinor ways which are used primarily for vehicular surface access to the back or the side of properties otherwise abutting on a street.
ARTERIAL STREETSThose which are serving a large volume of comparatively high-speed and long-distance traffic including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
CUL-DE-SACA minor street having one end open to traffic and being permanently terminated by a vehicular turnaround.
LOOP ROADOne interconnecting loop beginning and ending within itself having only one means of ingress, egress and regress onto an existing Township street. This type of road is not to be considered a cul-de-sac and shall be designed only as a collector street.
MINOR STREETSThose which are used primarily for access to the abutting properties and protection from through traffic.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including detention basins, retention facilities and similar stormwater management facilities. Parking areas and pavement shall not be considered a structure unless otherwise indicated within this chapter.
SUBDIVIDERThe owner, or authorized agent of the owner, including but not limited to, an individual, partnership, corporation or other entity that undertakes a subdivision or land development or any of the activities covered by this chapter, particularly the preparation of a subdivision plan showing layout of the land and the public improvements involved therein. The term "subdivider" is intended to include the term "developer" or "applicant" even though the personnel involved in successive stages of the project may vary.
SUBDIVISIONA. The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or 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 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. Contiguous unplotted parcels of land in the same ownership shall be considered as one tract and subject to this chapter prior to further conveyance.
The term "subdivision" includes resubdivision, and as appropriate in this chapter, shall refer to the process of subdividing land or to the land subdivided.
References throughout this chapter to "subdivision" shall also be construed to include "land development" as defined by this chapter.
SUBDIVISION, MAJOR, AND LAND DEVELOPMENTAll subdivisions (not classified as minor subdivisions) and all land developments. Further, any subdivision of a tract where that tract is part of a prior subdivision that was filed and approved on or after August 12, 1975 (the "parent" tract) shall be considered a major (or minor) subdivision, depending upon the number of lots that were in the parent tract, plus the number of lots in the proposed subdivision or land development plan.
SUBDIVISION, MINORA proposed residential subdivision which does not involve more than a total of four lots (including the remaining tract) and not requiring any new street or road or involving the extension of any municipal facilities, and not adversely affecting the development of the remainder of the parcel or any adjoining property and not in conflict with any provision or portion of the Upper Mount Bethel Comprehensive Plan, Chapter
350, Zoning, or this chapter.
An "application for development," as earlier defined.
SWALEA low-lying stretch of land which gathers or carries surface water runoff.
TOWNSHIPUpper Mount Bethel Township, Northampton County, Pennsylvania.
TOWNSHIP SUPERVISORSThe Board of Supervisors of Upper Mount Bethel Township, Northampton County, Pennsylvania.
TRANSITION AREAAn area of upland, adjacent to a freshwater wetland, which minimizes impacts on the wetland or serves as an integral component of the wetlands ecosystem. Examples include, but are not limited to, streams, wetlands associated with a stream, either on the edge or as a little seepage coming off the hillside and vernal pools.
TRAVEL TRAILERA vehicle, not exceeding 45 feet in length, used for temporary living or sleeping purposes which stands on wheels, can be moved over the highway and contains not more than one dwelling unit.
WATER CONNECTIONThe connection consisting of all pipes, fittings, and appurtenances from the water pipe to the water inlet pipe of the distribution system within the dwelling or nonresidential unit.
WATER SUPPLY SYSTEM, CENTRALIZEDA public and/or private utility system designed to transmit water from a common source to customers, in compliance with the Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent, and when appropriate, the Public Utility Commission. Further, said water supply system shall be consistent with the Public Sewer and Water Policy set forth in the Comprehensive Plan of Upper Mount Bethel Township, April 2001 (attached hereto as Appendix B of this chapter).
YARDAn open space at grade between a yard line and adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.