A.
For the purposes of this chapter, words and terms used herein shall be interpreted as listed in § 425-22 of this chapter.
C.
The word "includes" shall mean to specifically include an item but
not necessarily be limited to such items.
D.
Any word, term, or phrase not defined in this article or Chapter 500, Zoning, shall have a meaning of standard usage (as determined by the designated municipal official) within the context of the word's use within the applicable section of this chapter.
E.
For the purpose of this chapter, words used in the present tense
include the future tense; the term "shall" is mandatory; other terms
or words used herein shall be interpreted or defined as follows.
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:
An individual designated by the Board of Supervisors to perform
the administrative and/or supervisory duties required by the provisions
of this chapter.
A public or private thoroughfare with a right-of-way of 20
feet or less which affords only a secondary means of access to abutting
property and not intended for general traffic circulation.
A 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.
Every 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.
The Board of Supervisors of Weisenberg Township.
A 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."[1]
A 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.
The Board of Supervisors of Weisenberg Township.
Shall have the same meaning as "lot line adjustment."
A 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.
A 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.
Except 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.
The Planning Commission of Weisenberg Township.
A 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.
The 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.
Lehigh Valley Planning Commission (LVPC).
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.[2]
A minor street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
Calendar days.
The Pennsylvania Department of Environmental Protection (DEP)
and its successor agencies.
The 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.
Any 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.
The 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.
All 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.
The area between the street right-of-way line and the cartway
used to access a property.
A 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.
The Township Engineer designated by the Board of Supervisors
to perform all supervisory duties required of a registered engineer
by the provisions of this chapter.
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.
An 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.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
|
But not including the activities excluded from the definition
of land development at Section 503(1.1) of the MPC.[3]
|
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.
A 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."
The 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]
The 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.
Lots which are designed with a corridor leading from the
main portion of the lot to a public road.
The straight line distance between the side lot lines, measured
at the rear of the required front yard.
A lot extending from one street to another.
An 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.
Financial 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.)
A 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.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units, designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
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.[4]
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.
A tract, lot, or area of land.
Outdoor areas or garages used for the storage of vehicles.
Unless otherwise stated, shall mean off-street parking.
An accessway which is not adjacent to a street or access
drive and conforms with this chapter.
The Pennsylvania Department of Transportation.
Financial 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.)
A 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.
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.
An 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 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.
A 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.
The 100-year flood elevation plus 1 1/2 feet.
An 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.
A 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.
Any 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.
The 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.
A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
The Lehigh County Conservation District (LCCD).
The latest version of the official Soil Survey of Lehigh
County, published by the U.S. Natural Resources Conservation Service,
or its successor reference.
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
An unexcavated area of 15% or greater slope.
Includes 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.
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.
Any 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."
The 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.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
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.
Any subdivision of land which does not qualify as a "minor
subdivision."
[Amended 9-11-2023 by Ord. No. 2023-6]
A lot line adjustment.
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.
Where, 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[6]) 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.
Weisenberg Township, Lehigh County, Pennsylvania.
The Board of Supervisors of Weisenberg Township, Lehigh County,
Pennsylvania.
One or more abutting adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
United States Geological Survey, or its successor agency.
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
The 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.
A 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.
A 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.
An inventory of the source, quantity, yield, and use of groundwater
and surface-water resources within a municipality.
Any 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.
Any 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]
