Township of Lower Macungie, PA DEFINITIONS

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[Ord. 1998-12, 12/17/1998, § 200; as amended by Ord. 2006-2, 8/17/2006; by Ord. 2011-12, 10/6/2011; and by Ord. 2012-04, 7/19/2012, Art. V]

Unless otherwise expressly stated, the following terms shall, for the purpose of these regulations, have the meanings indicated:

Words in the singular include the plural and those in the plural include the singular.

Words in the present tense include the future tense.

The words "person," "developer," "subdivider," and "owner" include a corporation, unincorporated association, a partnership, or other legal entity, as well as an individual.

The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof."

The words "should" and "may" are permissive; the words "shall" and "will" are mandatory and directive.

The word "Township" means Lower Macungie Township, Lehigh County, Pennsylvania.

The term "Board of Commissioners" means the Board of Commissioners of Lower Macungie Township.

The term "Planning Commission" means the Planning Commission of Lower Macungie Township.

The term "Board" means the Zoning Hearing Board of Lower Macungie Township.

All undefined terms used in this chapter which are defined in the Pennsylvania Storm Water Management Act of 1978, 32 P.S. § 680.1 et seq., or the Stormwater Management Ordinances of Lower Macungie Township [Chapters 23A and 23B], shall have the meaning defined in said Act or Plans. In the event that terms are defined both in this chapter, and in the Act or Stormwater Management Ordinances, the definitions contained in this chapter shall prevail over the definitions contained in the Act and the Stormwater Management Ordinances.

Other terms or words used herein shall be interpreted or defined as follows:

ACCESSORY BUILDING OR STRUCTURE

A building or structure detached from and subordinate to the main building situate on the same lot and used for purposes customarily incidental to the main building. The term "accessory building or structure" shall include private garages, garden sheds, barns, playhouses, greenhouses, swimming pools and tennis courts.

ACCESSORY USE

A use separated from, subordinate to and customarily incidental to the use of the principal building and situate on the same lot.

ALLEY

A public or private thoroughfare, with a right-of-way 20 feet or less which affords only a secondary means of access to abutting property and not intended for general traffic circulation. An alley is not considered a street.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

BLOCK

Property bounded on one side by a street, and other three sides by a street, railroad right-of-way, waterway, unsubdivided area, or other definite barrier.

BUILDING

Any structure, either open or enclosed, having a roof supported by columns, piers or walls, intended for the shelter, housing enclosure of persons, animals or chattel. The term "building" shall at all times, unless otherwise indicated, be interpreted as including the words "or a part thereof."

BUILDING SETBACK LINE

A line which designates the minimum distance between any building and the adjacent street right-of-way or property line, whichever is closer. This line shall be measured from a point or points formed by the intersection of a vertical building wall with the ground (or in the case of a cantilevered building, at the vertical plane which coincides with the most projected surface), to the street right-of-way or property line, whichever is closer.

FRONT YARD BUILDING SETBACK LINE – The line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27]. All yards adjacent to a public or private street right-of-way shall be considered front yards (see also "reverse frontage lot").

SIDE YARD BUILDING SETBACK LINE – The line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27].

REAR YARD BUILDING SETBACK LINE – The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in the Lower Macungie Township Zoning Ordinance [Chapter 27].

CARTWAY

Portion of a street, alley or highway used for vehicular traffic.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at intersections defined by the center lines of the travel lanes and by a line of sight between points on said center lines at a predetermined distance from the intersection of the center lines, measured at two feet in height.

[Amended by Ord. 2017-02, 1/19/2017]

CLOSED DEPRESSION

A part of the land surface of a lot, parcel or tract which drains internally, and which generally has sunk to a variable depth and is generally characterized by a downward movement of soil into bedrock voids without breaking the ground surface.

COMPREHENSIVE PLAN

The official Comprehensive Plan for the Township of Lower Macungie.

CUT

An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

DESIGN STORM

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), and used in computing stormwater management control systems.

DETENTION BASIN

A basin designed, intended or used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate.

DEVELOPER

Any 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.

DWELLING UNIT

A room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. For the purposes of facilities where residents are housed in rooms but are provided with meals and other services utilizing common facilities, such as nursing homes, life care centers, hospitals and the like, a "dwelling unit" shall be considered to be three such residents (beds).

[Amended by Ord. 2017-02, 1/19/2017]

EASEMENTS

A liberty, privilege or advantage which one has in the lands of another for a precise and definite purpose, subordinate to, but not inconsistent with, the owner's general property rights.

EROSION

The removal of surface materials by the action of natural elements.

FILL

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.

FLOODPLAIN

A relatively flat or low lying area adjoining a river, stream or watercourse which is subject to partial or complete inundation during a five-hundred-year design frequency storm or an area subject to the accumulation or runoff of surface waters from any source.

GRADING

Changing existing topography through cutting or filling by two feet or more in elevation over an area exceeding 1,000 square feet.

HIGH VOLUME DRIVEWAY

A driveway used or expected to be used by more than 1,500 vehicles per day or as otherwise defined by 67 Pa.Code, Chapter 441.

HYDRIC SOILS

Poorly drained soils that can support hydrophytic plants, but may not necessarily do so.

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.

KARST

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.

LAND DEVELOPMENT

Any of the following activities:

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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.

(b)

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, condominium, building groups or other features.

(2)

A subdivision of land.

(3)

Development in accordance with § 503.1.1 of the Municipalities Planning Code, found at 53 P.S. § 10503.1.1.

LANDOWNER

The legal 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 is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purpose of this chapter. The Township shall not be considered as a landowner for the purpose of this chapter.

LEHIGH VALLEY PLANNING COMMISSION

The Planning Commission for Lehigh and Northampton Counties.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total surficial area contained within the property lines of a lot, exclusive of public and private streets and areas devoted to the following:

[Amended by Ord. No. 2020-05, 10/1/2020]

(1)

Ultimate and legal street rights-of-way;

(2)

Access or drainage easements serving another principal use and/or lot;

(3)

Sanitary sewer and water easements serving another principal use and/or lot;

(4)

Utility pipeline easements and/or rights-of-way;

(5)

Land within easements and/or rights-of-way for overhead or underground electric transmission lines;

(6)

Stormwater management structures, pipes and/or swales (including all easements related thereto) intended to serve another principal use and/or lot;

(7)

Riparian buffers identified or regulated by the commonwealth or the Township;

(8)

Permanent and open bodies of water;

(9)

The 500-year floodplain and 100-year floodplain as identified by the US Army Corps of Engineers;

(10)

Wetlands, as defined by commonwealth or federal law; and

(11)

Existing slopes of 25% or greater.

LOW VOLUME DRIVEWAY

A driveway used or expected to be used by more than 25 but less than 750 vehicles per day or as otherwise defined by 67 Pa.Code, Chapter 441.

MAINTENANCE GUARANTEE

Any security which may be accepted by the Board of Commissioners to insure the structural integrity of accepted improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan, for a period of 18 months.

MARKER

A metal pipe or pin of a least 3/4-inch outside diameter and at least 30 inches in length.

MANUFACTURED HOME COMMUNITY

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.

MANUFACTURED HOME LOTS

A parcel of land in a manufactured home community, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.

MEDIUM VOLUME DRIVEWAY

A driveway used or expected to be used by more than 750 but less than 1,500 vehicles per day or as otherwise defined by 67 Pa.Code, Chapter 441.

MINIMUM LOT AREA

The minimum land area required for the creation of a lot or associated with a principal use as specified in the Township Zoning Code (Chapter 27) or this chapter.

[Added by Ord. No. 2020-05, 10/1/2020]

MINIMUM USE DRIVEWAY

A residential or other driveway that is used or expected to be used by not more than 25 vehicles per day or as otherwise defined by 67 Pa.Code, Chapter 441.

MONUMENT

A stone or concrete monument with a flat top at least four inches in diameter or square. The bottom sides or radius shall be at least two inches greater than the top to minimize movements caused by frost. The monument shall contain a copper or brass dowel and be at least 30 inches in length.

OPEN SPACE

Part of a lot, parcel or tract which is intended for common use, which is at least 20 feet away from, and unoccupied and unobstructed by any utility structure. The term "open space" shall not include any area designed, maintained or used for streets, roads, highways, driveways or parking areas.

PENNDOT

The Pennsylvania Department of Transportation.

PERFORMANCE GUARANTEE

Any security which may be accepted by the Board of Commissioners to guarantee that the proper construction of improvements be made by the developer as a condition for the approval of the plan.

PLAN, FINAL

A complete and exact plan, with professional engineer's seal affixed and prepared for official recording as required by this chapter to define property rights, streets and other proposed improvements.

PLAN, PRELIMINARY

A tentative plan, in lesser detail than a final plan, showing proposed streets and lot layout and such other information as required by this chapter.

PLAN, RECORD

The copy of the final plan which contains the original endorsement of the Lehigh Valley Planning Commission and the Township Planning Commission and which is intended to be recorded with the County Recorder of Deeds.

PLAN, SKETCH

An informal plan, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision. A sketch plan is not mandatory and is not a preliminary plan.

PUBLIC NOTICE

A 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 less than seven days from the date of the hearing.

RECREATION LAND, ACTIVE

Land dedicated to the Township for the use of the Township's residents which is suitable for active uses such as playing fields. The term "recreation land, active" shall not include areas within the one-hundred-year floodplain, power line or pipeline rights-of-way, quarries, road rights-of-way, buffer zones, stormwater management facilities, areas characterized by wetland, hydric soils, slopes in excess of 5% or woodlands.

RECREATION LAND, PASSIVE

Land dedicated to the Township or other entity approved by the Township, for the use of the Township's residents and which is suitable for passive recreation such as walking, fishing and other personal recreation uses not involving playing fields, structures, or active-use facilities. The term "recreation land, passive" may include areas within the one-hundred-year and five-hundred-year floodplain, power line or pipeline rights-of-way, and areas characterized by wetland, hydric soils, woodlands, or slopes in excess of 5%, but this term shall not include areas within quarries, road rights-of-way, non-power and non-pipeline utility rights-of-way, buffer zones, storm management facilities or other areas not suitable for passive recreation activities.

REVERSE FRONTAGE LOT

A parcel designed such that individual residential uses abut a street on both the front and the rear, with vehicular access from only one street. A lot will only be deemed a reverse frontage lot if access is from a local street.

RIGHT-OF-WAY

Land set aside or designated for public or private streets, roadways, sidewalks, curbs and the installation of public utilities. The term "right-of-way" shall include the ultimate or future right-of-way.

RUNOFF

Part of precipitation which flows over the land.

SALDO

The Lower Macungie Township Subdivision and Land Development Ordinance of 1998.

SANITARY SEWAGE DISPOSAL, ON-LOT

An "on-lot" septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot, and provided in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent.

SEWAGE DISPOSAL SYSTEM, PUBLIC

A public or private utility system designed to collect, centrally treat and dispose of sewage from more than one customer, in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Township, whichever may be more stringent.

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."

SIGHT DISTANCE

The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made between a point 4.5 feet above the center line of the road surface and a point 0.5 feet above the center line of the road surface.

SINKHOLE

A localized sinking of land surface to a variable depth generally characterized by a roughly circular outline and a downward movement of soil into bedrock voids.

SLOPE

The face of any embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

SOIL STABILIZATION

Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.

STORM SEWER

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.

STORMWATER MANAGEMENT ORDINANCES

The ordinances managing stormwater runoff known as the "Little Lehigh Basin Stormwater Management Ordinance of Lower Macungie Township" adopted in 1988 and the "Perkiomen Creek Headwaters Act 167 Stormwater Management Ordinance of Lower Macungie Township" adopted in 2011 [Chapters 23A and 23B].

STORMWATER MANAGEMENT PLANS

The plans for managing stormwater runoff adopted by Lehigh County for the Little Lehigh Creek Watershed and the Perkiomen Creek Headwaters as required by the Act of October 4, 1978, P.L. 864, (Act 167), and known as the "Storm Water Management Act," 32 P.S. § 680.1 et seq.

STREET

A strip of land intended for use as a means of vehicular or pedestrian traffic, whether public or private.

ARTERIAL STREET OR HIGHWAY – A major regional highway designed to carry heavy vehicular traffic into, out of, or through the regional area.

COLLECTOR STREET – A street designed to carry a moderate volume of traffic to intercept local streets, to provide routes to arterial roads and to community facilities and to provide a limited amount of access to the abutting properties.

CUL-DE-SAC – A local street intersecting another street at one end, and terminating in a vehicular turn-around at the other.

DEAD END STREET – A street with a single connection with the surrounding road network which fails to meet the definition of "sub street" or "cul-de-sac."

EXPRESSWAY – A major highway designed for large volumes and high speed traffic with access limited to grade separated intersections.

LOCAL STREET – A street designed to provide access to the abutting properties and a route to collector streets.

LOOP STREET – A street which intersects only with itself, except for a single connection with the surrounding road network.

MARGINAL ACCESS STREET – A local street which is parallel to and adjacent to an expressway, or an arterial road, and which provides access to abutting properties and protection from through traffic.

PUBLIC STREET – A street which has been accepted for dedication by Lower Macungie Township for public use.

STUB STREET – A street or road within a subdivision terminating at the subdivision boundary with no permanent vehicular turnaround. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adequate connecting street system.

STREET RIGHT-OF-WAY LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line; provided, that: (1) the street right-of-way line shall not be less than 16 1/2 feet from the center line of any existing road or street, and (2) where a future right-of-way width for a road or street has been officially established, then the street right-of-way shall be the side line of the future right-of-way so established.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

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 any 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, MINOR

A subdivision which does not by itself or in combination with previous subdivision plans, involve more than a total of three lots, and does not involve the provision of any new street or easement for access (i.e., one in which all proposed lots will have frontage on an existing public street), or a boundary line adjustment between property owners where no new lots are created.

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

SWALE

A low lying stretch of land which gathers or carries surface water runoff.

TOPSOIL

Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A Horizon."

TOWNSHIP ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Township Engineer.

WATERCOURSE

Any channel of conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT

An "on-lot" water supply system generally providing for an adequate supply of potable water for one building or a group of buildings on a single lot, and in compliance with the Pennsylvania Department of Environmental Protection regulations or Township regulations, whichever may be more stringent.

WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLIC

A public or private utility system designed to transmit potable water from a common source to customers in compliance with the Pennsylvania Department of Environmental Protection regulations or the Township regulations, whichever may be more stringent.

WOODLAND

Areas composed of a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter, measured at 4 1/2 feet from the ground.