When used in this chapter the following words, terms, and phrases shall have the following meanings unless expressly stated otherwise or unless the context clearly indicates otherwise:
ADMINISTRATORAn individual designated by the Board of Supervisors to perform the administrative and/or supervisory duties required by the provisions of this chapter.
ALLEYA 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 not intended for general traffic circulation.
APPLICANTA landowner or developer (with the written authorization of the landowner), as hereinafter defined, who has filed an application for subdivision and/or land development, including his heirs, successors, and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for building permit, for the approval of a subdivision plan or for the approval of a land development plan.
AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945, (P.L. 382, No. 164) known as the "Municipality Authorities Act of 1945."
BLOCKA tract of land or a lot or group of lots bounded by streets, public parks, or parkways, railroad rights-of-way, a watercourse or body of water, subdivided land, or a boundary line or lines of the Township.
BUILDINGA structure or object constructed on, erected on, placed on, located on, or affixed to the ground, with a roof supported by columns or walls. Structures divided by unpierced masonry division walls or a state-conforming fire wall extending from the ground through the roof shall be deemed to be separate buildings. A structure meeting the definition of a building shall be construed to be a building whether or not it has been affixed to the ground by heretofore existing conventional methods, specifically, the fact that an object or structure is located on or placed on the ground by the use of skids or similar means shall not exempt or exclude the structure or object from being considered a building.
BUILDING SETBACK LINEA line which represents the minimum distance measured at right angles from a street right-of-way line or abutting property line to any building or structure erected or to be erected on the lot.
CAPACITYExcept in the case of free-flowing wells, "capacity" is construed to mean the daily capacity of the pumps installed and not the contemplated draft.
[Added 9-11-2023 by Ord. No. 2023-6]
The traveled portion of a street or highway designed for vehicular traffic and areas intended for on-street parking.
COMMISSIONThe Planning Commission of Weisenberg Township.
COMMON OPEN SPACEA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMPREHENSIVE PLANThe Multi-Municipal Comprehensive Plan for The Northern Region of Lehigh County, adopted by Weisenberg Township in October 2022, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Lehigh County, Pennsylvania.
CROSSWALKA strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
CUL-DE-SACA minor street having one end open to traffic and being permanently terminated by a vehicular turnaround.
DESIGNATED MUNICIPAL OFFICIALThe individual charged by the Board of Supervisors with the responsibility of administering the subdivision application submission procedure. Said municipal official shall be the Zoning Officer of Weisenberg Township until the Board of Supervisors by resolution shall designate his successor.
DEVELOPERAny landowner, authorized (in writing) agent of such landowner, or tenant with the written permission of such landowner who makes or causes to be made or proposes a subdivision of land and/or a land development.
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plan of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DRILLINGAll acts necessary to the construction of wells, such as drilling, boring, coring, washing, digging, driving, or jetting.
[Added 9-11-2023 by Ord. No. 2023-6]
The strip of land, including the driveway entrance, which is used to access a property from a state, Township or private street.
DRIVEWAY ENTRANCEThe area between the street right-of-way line and the cartway used to access a property.
EASEMENTSA liberty, privilege or advantage which one has in the lands of another for precise and definite purpose, subordinate to but not inconsistent with the owner's general property rights.
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.
EQUIVALENT DWELLING UNIT (EDU)When an on-lot sewage disposal system is utilized, a factor of 500 gallons of sewage per day per dwelling unit, as modified by the DEP, shall be applied for the purpose of calculating the equivalent number of dwelling units for a commercial or industrial use. When this calculation results in a fractional number, then that fraction shall be construed as a full dwelling unit.
[Added 9-11-2023 by Ord. No. 2023-6]
A street which meets the minimum design requirements for a local road or an existing state or Township paved, nongravel road.
IMPROVEMENT AGREEMENTAn agreement in form and manner acceptable to the Township requiring a developer to install the improvements required by this chapter or which appear on the approved plans.
LAND DEVELOPMENTAny 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 prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
But not including the activities excluded from the definition of land development at Section 503(1.1) of the MPC. |
The legal record title owner or owners of land and 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 is authorized under the lease to exercise the rights of the landowner, and other person having a proprietary interest in land.
LOTA designated parcel, tract, or area of land established by a plan or otherwise as permitted by law and to be used, developed or built upon as a unit. This term includes the word "plot."
LOT LINE ADJUSTMENTThe revision or deletion of one or more lot lines in such a way that all of the following are true:
[Amended 9-11-2023 by Ord. No. 2023-6]
A. No new additional lots will be created beyond what was previously approved;
No additional nonconformities will be created, nor will any existing nonconformities be made less nonconforming under Chapter
500, Zoning;
No additional streets are proposed.
LOT LINE, FRONTThe street line at the front of a lot. On a lot bounded on more than one side by a street, the owner shall specify the front lot line on the plot plan when the initial building permit application is submitted.
LOT, FLAG TYPELots which are designed with a corridor leading from the main portion of the lot to a public road.
LOT, WIDTHThe straight line distance between the side lot lines, measured at the rear of the required front yard.
MAINTENANCE AGREEMENTAn agreement in a form and manner acceptable to the Board of Supervisors requiring the developer of required improvements to make any repairs or reconstructions and to maintain such improvements for a certain period.
MAINTENANCE GUARANTEEFinancial security in an amount acceptable to the Township Engineer and the Board of Supervisors and in a form acceptable to and approved by the Township Solicitor to secure the promise made by a developer in the maintenance agreement that required improvements shall be maintained by the developer. (NOTE: These guarantees typically include acceptable letters of credit, performance bonds, escrow accounts and agreements, and other similar collateral or surety agreements.)
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOBILE HOMEA 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. A mobile home may also be known as a "manufactured home."
[Amended 3-11-2002 by Ord. No. 02-02]
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. A mobile home lot may also be known as a "manufactured home lot."
[Amended 3-11-2002 by Ord. No. 02-02]
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, as regulated by Article
X, Mobile Home Parks, of this chapter. A mobile home park may also be known as a "manufactured home park."
[Amended 3-11-2002 by Ord. No. 02-02; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended, or its successor legislation.
OFFICIAL MAPA map adopted by ordinance pursuant to Article
IV of the MPC.
The area of a lot unoccupied by principal or accessory structures, streets, driveways and parking areas, but may include areas occupied by walkways, picnic pavilions, play equipment and other areas occupied by noncommercial outdoor recreation facilities.
PARCELA tract, lot, or area of land.
PARKINGOutdoor areas or garages used for the storage of vehicles. Unless otherwise stated, shall mean off-street parking.
PATHWAYAn accessway which is not adjacent to a street or access drive and conforms with this chapter.
PENNDOTThe Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEEFinancial security in an amount acceptable to the Township Engineer and the Board of Supervisors and in a form acceptable to and approved by the Township Solicitor to ensure that the developer will install required improvements. (NOTE: This typically includes unconditional irrevocable standby, acceptable letters of credit, performance bonds, escrow agreements, and other similar collateral or surety agreements.)
PERSONA corporation, partnership, municipal authority, or association, as well as a natural person.
[Added 9-11-2023 by Ord. No. 2023-6]
A map of a subdivision or land development and accompanying notations, data and calculations.
A. Sketch plan. An unofficial plan, identified with the title "sketch plan" on the map, indicating the general layout of the proposed subdivision or land development.
Preliminary plan. An official plan identified with the title "preliminary plan" accurately showing proposed streets and lot layout and such other information as required by this chapter.
Final plan. A complete and exact official plan identified with the title "final plan," including the record plan prepared for official recording as required by this chapter to define property lines and proposed streets and other improvements and all supporting nonrecord plans, data and calculations.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of Chapter
500, Zoning.
Includes:
A. Parks, playgrounds, trails, pathways, and other recreational areas and other public areas;
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
Publicly owned or operated scenic and historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with the MPC.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq., relating to open meetings.
[Amended 3-11-2002 by Ord. No. 02-02]
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.
REIMBURSEMENT AND ESCROW AGREEMENTAn agreement requiring the landowner to reimburse the Township for engineering services, legal fees, other professional services, recording costs and any other costs incurred in the processing of the subdivision.
SEWAGE DISPOSAL SYSTEM, CENTRALIZEDA sewage system, publicly or privately owned, in which sewage is collected from two or more lots or two or more dwelling units to a central treatment plant with a disposal other than renovation in a subsurface soil absorption area. The design shall be in compliance with DEP rules and regulations or regulations of the Township, whichever is more stringent.
SEWAGE DISPOSAL SYSTEM, ON-LOTAny structure, publicly or privately owned, designed for the collection of sewage from one or more dwelling units with a disposal into a subsurface soil absorption area. The design shall be in accordance with the DEP rules and regulations or regulations of the Township, whichever is more stringent.
SEWER CONNECTIONThe connection consisting of all pipes, fittings, and appurtenances from the drain outlet of a structure to the inlet of the corresponding sewer pipe of the sewerage system.
SIDEWALKA pedestrian accessway which is adjacent to a street or access drive and conforms to the regulations of this chapter.
SOIL SURVEYThe latest version of the official Soil Survey of Lehigh County, published by the U.S. Natural Resources Conservation Service, or its successor reference.
STATEThe government of the Commonwealth of Pennsylvania and its relevant subparts.
STEEP SLOPEAn unexcavated area of 15% or greater slope.
STREETIncludes any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. Streets are further classified according to the functions they perform.
A. REGIONAL HIGHWAYSThese are direct links between major metropolitan areas. They carry large volumes of traffic at relatively high speeds and are often limited-access highways. They are not designed or intended to provide access to adjacent properties.
ARTERIAL ROADDesigned for large volumes and high speed traffic with access to abutting properties restricted.
COLLECTORDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to arterial roads and to community facilities and to provide access to the abutting properties.
LOCALDesigned to provide access to the abutting properties and a route to collector routes.
CUL-DE-SACA local street intersecting another street at one end and terminating in a vehicular turnaround at the other.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. This term includes the word "building."
SUBDIVIDERThe owner, or authorized agent of the owner, including but not limited to an individual, partnership, or corporation, that undertakes a subdivision or land development or any of the activities covered by this chapter, particularly the preparation of a subdivision plan showing the layout of the land and the public improvements involved therein. The term "subdivider" is intended to include the term "developer" even though the personnel involved in successive stages of the project may vary.
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, MAJORAny subdivision of land which does not qualify as a "minor subdivision."
SUBDIVISION, MINOR[Amended 9-11-2023 by Ord. No. 2023-6]
B. Any division or development of a parcel of land into not more than three lots, each lot being at least one acre in area and provided that no new street or easement of access is to be required. The enumerating of lots shall include as a lot that portion of the original tract or parcel as it existed within the last five years remaining after other lots have been subdivided therefrom and shall be assigned a lot number.
A correction plan; a revision of a recorded plan approved by the Board of Supervisors which is any plan that does not qualify under Subsections
A and
B of this definition.
SUBSTANTIALLY COMPLETEDWhere, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509 of the MPC) of those improvements required as a condition for final approval have 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.
TOWNSHIPWeisenberg Township, Lehigh County, Pennsylvania.
TRACTOne or more abutting adjacent lots proposed to be subdivided or developed following an overall coordinated plan.
USGSUnited States Geological Survey, or its successor agency.
WALKWAYA strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
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, CENTRALA system for supplying and distributing water from a common source to two or more lots or two or more dwelling units including accessory structures and operated by a governmental agency, governmental authority, public utility company, or a developer. The design shall be in compliance with DEP rules and regulations or regulations of the Township, whichever is more stringent.
WATER SUPPLY SYSTEM, ON-LOTA system for supplying water to a single dwelling unit including an accessory structure from a source located on the same lot. The design shall be in accordance with DEP rules and regulations or regulations of the Township, whichever is more stringent.
WATER SURVEYAn inventory of the source, quantity, yield, and use of groundwater and surface-water resources within a municipality.
WATERCOURSEAny natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel and bed, and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwaters.
WELLAny excavation that is drilled, cored, washed, driven, dug, or otherwise constructed for the location, diversion or acquisition of underground waters or charging of water into underground strata.
[Added 9-11-2023 by Ord. No. 2023-6]
Any water well contractor, his employee or representative in charge of drilling or otherwise constructing a well.
[Added 9-11-2023 by Ord. No. 2023-6]