Words used in the present tense include the future. Words in
the masculine gender include the feminine and the neuter. The singular
includes the plural, and the plural the singular. The word "shall"
is always mandatory. The word "may" is permissive.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless their context clearly indicates otherwise.
Next to or adjacent to, and includes the words "directly
across from streets, natural features and rights-of-way."
Forty-three thousand five hundred sixty square feet.
A state of being side by side, next to, adjoining, contiguous
or abutting one to another, and includes the words "directly across
from streets, natural features, and to rights-of-way."
The person designated by the Board of Supervisors who receives
subdivision or land development plans or otherwise acts in a clerical
capacity for, and on behalf of, the Township Planning Commission.
The raising and keeping of field, truck and tree crops. "Agriculture"
does not include animal husbandry.
A public or private way affording only secondary means of
access to abutting property.
A landowner or developer who has filed an application for
a subdivision or land development permit, including his heirs, successors
and assigns.
Property bounded on one side by a street, and on the other
three sides by a street, railroad, right-of-way, public park, waterway,
Township line or any combination thereof.
That part of a block which fronts on a single street.
The Zoning Hearing Board of Forks Township.
The Board of Supervisors of Forks Township.
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking lot, outdoor storage or any other use
other than open space.
Any structure having a roof supported by columns or walls
used for the shelter, housing or enclosure of persons, animals or
property. "Building" is interpreted as including "or part thereof."
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the building
site covered by the building to the highest portion of the roof.
Limestone or dolomite rock formations formed by carbonate
sedimentation in shallow sea waters.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway.
An underground reservoir or tank for storing rainwater.
In a karst area, a distinctive bowl-shaped depression in
the land surface. It is characterized by internal drainage, varying
magnitude and an unbroken ground surface.
The Planning Commission of Forks Township.
The document entitled "Forks Township Comprehensive Plan,"
or any part thereof, prepared and adopted by the Board of Supervisors.
A plan adopted by the Township Board of Supervisors indicating
locations for future recreation paths throughout the Township that
will be constructed by developers if and when those affected tracts
of land are developed.
A plan adopted by the Township Board of Supervisors indicating
locations for future major streets throughout the Township that will
be constructed by developers if and when those affected tracts of
land are developed.
The County Conservation District.
Includes the placing of construction materials in a permanent
position and fastening in a temporary or permanent position, and the
demolition of a preexisting building, provided that further construction
be diligently carried on.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Northampton, Commonwealth of Pennsylvania.
A strip of land, including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
A pipe, conduit or similar structure, including appurtenant
works which carry surface water.
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge, on substantive grounds,
the validity of an ordinance which prohibits or restricts the use
or development of land in which he has an interest.
The magnitude of precipitation from a storm event measured
in probability of occurrence (e.g., fifty-year storm) and duration
(e.g., twenty-four-hour storm), and used in computing stormwater management
control systems.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate.
Any landowner, agent of such landowner or tenant with permission
from a landowner who makes, or causes to be made, a subdivision of
land or land development.
A proposal for the development of land, prepared in accordance with Chapter 200, Zoning, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways, parking facilities, common open space and public facilities.
A portion of the territory of the Township within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
A lot that borders on at least two public or private streets.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
The documentation of the proposed stormwater management controls,
if any, to be used for a given development site.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
The term "dwelling" shall not be deemed to include automobile, court,
rooming house, tourist home, hotel, motel, hospital, nursing home,
dormitory, fraternity house, sorority house or other group residence.
SINGLE-FAMILY DWELLINGA detached building, designed for or occupied exclusively by one family, except for a mobile home.
A transportable, single-family dwelling designed so that it
can be:
Transported on a highway.
Used for permanent occupancy, office or place of assembly contained
in one unit or in two 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.
Constructed so that it may be used without a permanent foundation.
"Mobile home" does not include travel trailers nor modular homes.
MODULAR HOMEA single-family dwelling designed for transportation after fabrication in one or more units, and arriving at a site where it is assembled on a permanent foundation and connected to utilities.
TWO-FAMILY DWELLINGA detached or semidetached building where not more than two individual family dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
MULTIFAMILY DWELLINGA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building.
LOW-RISE BUILDINGMultifamily dwelling structures, including townhouses, garden apartments and other housing types which do not exceed three stories in height and which do not share a common outside access.
GARDEN APARTMENTA building containing three or more dwelling units in a single structure, having no half stories underground, where individual dwelling units share a common outside access and share a common yard area which is the sum of the required lot areas of all the dwelling units within the building.
TOWNHOUSEAn attached dwelling, with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction therewith and any portion of one or two unpierced walls common with an adjoining dwelling.
LOW-RISE APARTMENTA multifamily dwelling in a building not exceeding three stories in height, where individual dwelling units share a common outside access. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all of the dwelling units within the building.
HIGH-RISE APARTMENTA multifamily dwelling in a building over three stories in height, where individual dwelling units share a common outside access and elevators serve each floor. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all of the dwelling units within the building.
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities and having direct access from the outside or through a
common hall.
A grant by the property owner of a use of land for specified
purposes by the public, a corporation or persons.
The registered professional engineer designated by the Board
of Supervisors to perform all duties required of the Township Engineer
by the provisions of this chapter.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
Essential services include the provision of gas, electricity,
steam, communication, telephone, sewer, water, public safety and other
similar services. The facilities required to provide such services
shall consist of:
LIMITED FACILITIESEquipment which does not require enclosure within a building or which can be constructed within a public right-of-way (including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals and hydrants).
MAJOR FACILITIESEquipment which requires enclosure within a building or construction on its own site (including gas storage areas, substations, telephone exchanges and telephone booths).
One or more individuals living as a single housekeeping unit.
A family shall not be deemed to include the occupants of a college
dormitory, residential club, motel, hotel or lodging house.
A barrier of natural vegetative growth or of other natural
or fabricated materials placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
once in every 100 years, as designated by the latest FEMA maps.
The designated area of a floodplain required to carry the
discharge waters of a flood of one-hundred-year magnitude, as designated
by the latest FEMA maps.
Linear features in rock of less than one mile in length appearing
on aerial photographs, representing zones of fracture concentrations
in the bedrock.
Transient surface water bodies formed in sinks and closed
depressions after heavy precipitation, due to poor internal drainage.
This poor drainage may be due to residual clay remaining after solution
of limestone minerals.
The elevation of finished ground or paving.
Replenishment of existing natural underground water supplies.
Any area covered by a structure or other cover which is incapable
of being penetrated by moisture.
A structure designed to direct runoff into the ground, e.g.,
french drains, seepage pits and seepage trench.
A type of topography that is formed over limestone, dolomite
or gypsum by bedrock solution and that is characterized by closed
depressions or sinkholes, caves and underground drainage.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or 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.
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), or a lessee if he
is authorized under the lease to exercise the right of the landowner.
The Joint County Planning Commission for Lehigh and Northampton
Counties.
Any parcel or tract of land intended as a unit of ownership,
transfer of ownership, use, rent, improvement or development. Contiguous
nonconforming lots under common ownership shall be considered one
lot.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
INTERIOR LOTA lot other than a corner lot whose sides do not abut a street.
REVERSE FRONTAGE LOTSA lot with one side abutting an arterial or collector street or road whether state or Township owned. The rear yard of a reverse frontage lot shall abut the arterial or collector street.
THROUGH LOTAn interior lot having frontage on two streets.
FLAG-SHAPED LOTAn irregularly shaped lot characterized by an elongated extension from a road to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
The area contained within the lot lines, excluding space
within all road rights-of-way.
The average horizontal distance between the front and the
rear lot lines.
The horizontal distance between side lot lines at their foremost
points (where they intersect with the street right-of-way line).
The property lines bounding the lot.
FRONT LOT LINEThe line separating the lot from an existing or proposed street right-of-way.
REAR LOT LINEThe lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
STREET OR ALLEY LOT LINEA lot line separating the lot from a street or alley.
The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line as set forth in Chapter 200, Zoning.
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A lot which does not conform with the minimum width, depth or area dimensions specified for the district where such lot is situated, but was lawfully in existence at the time of enactment of Chapter 200, Zoning, or is legally established through the granting of a variance by the Board. Contiguous nonconforming lots under common ownership shall be considered one lot.
The Official Map as adopted or amended by the Board of Supervisors
showing the characteristics of streets, watercourses and public grounds.
The map as adopted or amended by the Board of Supervisors
which designated the location and boundaries of zoning districts.
The unoccupied area of a lot. Open space does not include
the areas of principal and accessory structures, streets, driveways
or parking areas, but may include areas occupied by walkways, patios
and porches without roofs, playgrounds and other areas occupied by
outdoor recreation or play apparatus, gardens and trees.
The maximum rate of flow of storm runoff at a given point
and time resulting from a specified storm event.
Financial security which may be accepted by the Township
in lieu of a requirement that certain improvements be made by a developer
before a plat is approved (including letters of credit, performance
bonds, escrow agreements and other similar collateral or surety agreements).
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with Chapter 200, Zoning, and which authorizes an applicant to proceed with said use, building or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Township which authorizes an applicant to commence with said construction, alteration or reconstruction.
OCCUPANT PERMITA permit issued upon completion of the construction of a structure, change in use of a structure or parcel of land or reoccupancy of a structure or land indicating that the premises comply with the provisions of Chapter 200, Zoning, and may be used for the purposes set forth in the occupancy permit.
An individual, partnership, organization, association, trust
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust and the
officers of such organization, association or corporation.
A map or chart indicating the subdivision or resubdivision
of land, which in its various stages of preparation can include the
following:
SKETCH PLANAn informal plan, identified as such with the title "sketch plan" on the map, indicating existing features of a tract and its surroundings and the general layout of the proposed subdivision.
PRELIMINARY PLANA complete plan, identified as such with the title "preliminary plan," accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan, identified as such with the title "final plan," prepared for official recording as required by this chapter to define property rights and proposed streets and other improvements.
Notice required by Act 247, the Pennsylvania Municipalities
Planning Code.[1] Currently, Act 247 requires 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
from the date of the hearing, and the second publication shall not
be less than seven days from the date of the hearing.
A site where mineral, stone, sand, gravel or topsoil is extracted.
A public thoroughfare which affords a means of recreation
by providing for walking, jogging, bicycling, etc.
The percentage of the predevelopment peak rate of runoff
for a development site to which the post-development peak rate of
runoff must be controlled to protect downstream areas.
Also known as a "recurrence interval," is a statistical estimate
of the average likelihood of a certain rainfall event. For example,
the twenty-five-year return period rainfall or runoff event would
be expected to occur one in 25 times, or 4%.
Land reserved for the public or the abutting owners for use
as a street, alley, interior walk or for other public purposes.
That part of precipitation which flows over the land.
Soil Conservation Service, United States Department of Agriculture.
An area of excavated earth filled with loose stone or similar
material and into which surface water is directed for infiltration
into the ground.
A public utility system or other system designed to collect,
centrally treat and dispose of sewage from users in compliance with
regulations of the appropriate state agency and of the Township. Any
system which is not a centralized sewage disposal system shall be
deemed an on-lot system.
The connection consisting of all pipes, fittings and appurtenances
from the drain outlet of a dwelling or building to the inlet of the
street or main collector sewer pipe of the sewerage system serving
the subdivision or land development.
A paved pedestrian accessway which is adjacent to a street
or access drive.
A visual display which is affixed to, painted on or represented
directly or indirectly upon a building, structure, wall or land and
which directs attention to an object, product, place, activity, person,
institution, organization or business. A "sign" shall not include
any display of official court or public office notices, nor any traffic
control device.
OFF-PREMISES SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered somewhere other than upon the premises where the sign is located or to which it is affixed.
ON-PREMISES SIGNA sign which directs attention to a business, profession or industry conducted on the premises, or to products sold, manufactured or assembled upon the same premises upon which it is displayed or to which it is affixed (including signs offering premises for sale, rent or development, or advertising the services of professionals or advertising building trades during construction or alteration).
A localized sinking of the land surface to a variable depth,
occurring in areas of carbonate bedrock; generally characterized by
a roughly circular outline, a distinct breaking of the ground surface
and downward movement of soil into bedrock voids.
A method of runoff computation developed by SCS which is
based upon relating soil type and land use/cover to a runoff parameter
called a "curve number."
A scientific survey of soil conditions and characteristics
prepared by an engineer or soil scientist and approved or certified
by the United States Soil Conservation Service.
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
NONRESIDENTIAL SOLAR ENERGY SYSTEMA solar energy system allowed as an accessory use to a lawful nonresidential use in any zoning district.
RESIDENTIAL SOLAR ENERGY SYSTEMA solar energy system allowed as an accessory use to a lawful residential use in any zoning district.
SOLAR PANELA structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy, heat water, or produce hot air or perform any other similar function by way of a solar energy system.
A reservoir routing procedure based on solution of the continuity
equation (inflow minus outflow equals the change in storage for a
given time interval) and based on outflow being a unique function
of storage volume.
A 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.
A watercourse.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
parkway, drive, land, boulevard, highway, road and any other thoroughfare
except an alley.
EXPRESSWAYDesigned for large volumes of high-speed through traffic with access limited to selected grade-separated or at-grade intersections.
ARTERIALArterials are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with restricted vehicular access to abutting properties.
COLLECTOR STREETCollector streets are designed to carry a moderate volume of traffic between local streets and arterials and provide only limited vehicular access to the abutting properties.
LOCAL STREETLocal streets provide direct access to abutting properties or gather traffic from marginal access streets and provide routes to collector streets.
LOCAL ACCESS STREETLocal access streets primarily provide direct access to individual uses. They serve to provide the connecting link between the beginning or end point of a trip and the higher categories of streets. Local access streets are further classified as:
CUL-DE-SAC STREETA cul-de-sac street is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end.
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MARGINAL ACCESS STREETMarginal access streets are minor streets parallel and adjacent to major traffic streets. They provide access to abutting properties and control of intersections with major traffic streets.
SINGLE-ACCESS STREETA local street, including but not limited to a cul-de-sac or loop design, which has only one point of intersection with an existing Township or state road or with a proposed road having more than one access point.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include buildings, signs, fences, walls, towers,
swimming pools, porches, garages and similar structures. "Structure"
shall be interpreted as including the words "or part thereof."
The smallest unit of watershed breakdown for hydrologic modeling
purposes.
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 or transfer of ownership of 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 which does not qualify as a minor subdivision.
A subdivision:
Divided into not more than five lots, including the remaining
parcel.
Which involves no extension of municipal facilities, no new
road or street nor an extension or improvement of an existing road
or street.
Which provides for and does not adversely affect the potential
development of the remainder of the tract.
A subdivision for the purpose of joining or annexing a lot to
an existing lot, parcel or tract of land and provides a covenant in
the deed of the lot to be conveyed which joins it with and makes it
an inseparable part of the parcel to which it is joined.
A lot line adjustment affecting no more than five lots.
One or more subdivisions within a five-year period resulting
in more than five lots shall comply with the requirements of a major
subdivision.
The Township of Forks, Northampton County, Pennsylvania.
The purpose for which land, signs, structures or buildings
are arranged, designed or intended or for which it may be occupied
or maintained, or any activity, occupation, business or operation
which may be carried on.
A granting of permission to use or alter land or structures which requires a variation from the strict application of a requirement of Chapter 200, Zoning. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements are met. A variance may not be granted to permit a use which is not permitted in the zoning district involved.
The connection consisting of all pipes, fittings and appurtenances
from the water pipe to the inlet pipe of the distribution system within
the dwelling or nonresidential unit.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and be permanent in nature or it may originate from a temporary
source such as runoff from rain or melting snow.
A public utility system or other system designed to transmit
water from a common source to users in compliance with the requirements
of the appropriate state agencies and the Township. Any system not
deemed a centralized water supply system shall be an on-lot system.
Any land meeting the definition of wetland prescribed by
the Army Corps of Engineers and/or the Department of Environmental
Protection (DEP).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
