[Ord. 2013-11, 9/9/2013]
1.Â
Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout this chapter to have the meanings indicated below.
2.Â
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
A.Â
Words used in the present tense include the future.
B.Â
The singular includes the plural, and the plural includes the singular,
except that such interchange of meaning shall not apply where numbers
in the text refer to specific minimum and maximum quantities.
C.Â
The masculine gender includes the feminine and neuter.
D.Â
The word "person" includes an individual, estate, trust, firm, corporation,
partnership, company, association, incorporated association or government
entity and any department, board, bureau or agency thereof, and any
other legal entity which is recognized by law and shall include trustees,
receivers, assignees, and similar representatives or entities.
E.Â
The word "lot" includes the words "plot," "parcel" or "tract."
F.Â
The words "may" and "should" are permissive. The words "shall," "must,"
and "will" are mandatory.
G.Â
The word "used" as applied to any land or building shall be construed
to include the words "intended, arranged, or designed to be used."
H.Â
The word "occupied" as applied to any land or building shall be construed
to include the words "intended, arranged, or designed to be occupied."
I.Â
The words "as amended from time to time" and the like as applied
to any statute, ordinance, code, regulation, plan or map, includes
replacements, supplements or restatements thereof.
J.Â
References to a particular article, section or subsection which inherently
refers to other articles, sections or subsections, includes all articles,
sections or subsections referred to.
K.Â
The word "Supervisors" and the words "Board of Supervisors," where
not otherwise specified, shall mean the Lower Mount Bethel Township
Board of Supervisors.
L.Â
The words "governing body" refer to the Lower Mount Bethel Township
Board of Supervisors.
M.Â
The word "Commission" and the words "Planning Commission" or "Township
Planning Commission," where not otherwise specified, shall mean the
Lower Mount Bethel Township Planning Commission.
O.Â
The words "Comprehensive Plan" refer to the then-current version
of the Lower Mount Bethel Township Comprehensive Plan.
3.Â
The terms "such as," "including" and the like are intended to introduce
matters which are illustrative of the meaning of the sentence, clause
or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear. The word "includes" or "including" shall
not limit the term to the specified example, but is intended to extend
its meaning to all other instances of like kind and character and
is considered interchangeable with the phrase "including but not limited
to."
4.Â
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
5.Â
In addition to the definitions in this article, additional definitions
in this or other ordinances, applicable regulations, or appendixes
thereto may apply or be called into application by reference. In case
of conflict, the more stringent or restrictive definition shall apply.
6.Â
Any word or term not defined herein shall be used with a meaning
of standard usage.
7.Â
Within this chapter, generalized goals or policies are included to
provide guidance to applicants. To the extent that a specific standard
is also included which could possibly be read as being inconsistent
with generalized goals or policies, the specific standards found within
this chapter shall control and supersede generalized goals or policies.
[Ord. 2013-11, 9/9/2013]
For the purpose of this chapter, the following words, terms,
and phrases have the meaning indicated herein:
Any parcel, feature or improvement which is contiguous at
any point to another parcel, feature or improvement or which is on
the other side of a section of street (public or private) on which
the subject parcel, feature or improvement has frontage.
The owner of record of a parcel of land which is contiguous
at any point to the parcel in question or which is on the other side
of a section of street (public or private) on which the subject parcel
has frontage, i.e., a lot across from the subject parcel.
An ingress/egress road or way serving commercial, industrial,
institutional and residential developments excluding driveways to
individual residential units.
An area of land and/or water which equals 43,560 square feet,
measured on horizontal plans.
Land devoted to uses involving leisure time activities and/or
areas, typically involving sports, requiring equipment, or occurring
at prescribed sites or fields, (e.g., soccer, football, baseball,
tennis, swimming, fitness trails, and the like).
See "abutting."
Any person other than the applicant or developer, including
but not limited to a consultant, contractor, subcontractor, representative,
licensee or invitee, who, acting for the applicant or developer, submits
to the Township an application for development and/or subdivision
or land development plans for the purpose of obtaining approval thereof.
Unless otherwise specified, soils classified in the current
edition of the Soil Survey of Northampton County as land capacity
Classes I, II, III and IV, which may be considered prime agricultural
soils or soils of statewide significance.
Those land uses which are devoted to the growing and harvesting
of agricultural, horticultural, silvicultural, aquacultural, and viticulture
crops and commodities and dairy products, and livestock, including
but not limited to raising dairy cattle, beef cattle, sheep, swine,
horses, ponies, mules, goats, ranch-raised fur-bearing animals, poultry
and bee raising, forestry, sod crops, and any and all products raised
on farms intended for human or animal consumption or other uses. Property
used to commercially board the aforementioned animals shall be considered
to be in "agricultural use." Agricultural use or purpose shall not
include commercial slaughtering or rendering operations.
Areas subject to periodic flooding or defined as alluvial
in the current edition of the Soil Survey of Northampton County; soil
formed from the deposit of sediment in flowing water.
As applied to land, any change in topography as a result of
the moving of soil and rock from one location or position to another;
also, the changing of surface conditions by causing the surface to
be more or less impervious; or any change which would alter the type
or method of wastewater disposal system; any land disturbance.
As applied to buildings or other structures, any change or rearrangement,
other than a repair, in the supporting members of an existing building
such as bearing walls, columns, beams, or girders, as well as any
change in exterior doors or windows, or any enlargement to or diminution
of a building or structure, whether horizontally or vertically, or
moving of a building or structure from one location to another.
See "dwelling."
A landowner, developer, contract purchaser (equitable owner),
or his, her or its authorized agent who has filed a complete application
for subdivision and/or land development, including his, her or its
heirs, executors, personal representatives, successors, assigns and
grantees.
Every application, for subdivision or land development, whether
sketch, preliminary or final, either recommended (sketch), or required
(preliminary and final) to be filed and approved prior to the start
of construction or development, including but not limited to an application
for a building permit, for the approval of a subdivision plat or plan,
or for approval of a land development plan, including the application
form itself, all plan sheets, stormwater flow calculations and all
other calculations, reports and studies required to be submitted by
this chapter or applicable regulation.
American Society for Testing and Materials.
A body, politic and corporate, created pursuant to the Municipal
Authorities Act of 1945, as amended from time to time.[1]
American Water Works Association.
A mound of earth, natural or man-made, which serves purposes
such as: directing the flow of surface water runoff, preventing soil
erosion, or supporting plant materials or fencing to aid in screening
or buffering.
Management practices, activities, facilities, measures, procedures
or methods for controlling stormwater runoff which provide hydrological
(i.e., reduction of runoff volumes) and water quality (i.e., reduction
of pollutants) benefits.
Lanes located on the paved surface or shoulder of a street.
A parcel of land bounded on all sides by any combination
of streets, public park land, railroad right-of-way, waterways, the
corporate boundaries of Lower Mount Bethel Township, or any other
barrier to the continuity of development.
The Board of Supervisors of Lower Mount Bethel Township,
Northampton County, Pa., or the official, person, or committee designated
by the Board of Supervisors to act with respect to a particular matter
set forth herein.
A defined portion of a parcel or lot proposed for development
appropriate for the planting of, or retention of, suitable hardwood
and/or evergreen trees, shrubs, bushes, grasses or other landscaping
materials, including modifications to existing contours, where appropriate,
to create an acceptable transition between adjacent and potentially
incompatible land uses or to screen glare and noise or create a visual
barrier or otherwise reduce the potential for conflicts between them,
within which no structure is permitted except a fence.
A combination of materials forming a permanent structure
having walls and a roof. For the purposes of this chapter, a building
includes manufactured homes and trailers for human habitation.
See "coverage, building."
An approval statement signed by the Zoning Officer and the Township's Building Code Official, indicating compliance with Chapter 27, Zoning, and any other ordinances or regulations, authorizing the construction, alteration, reconstruction, restoration, demolition or razing of all or a part of any building or structure within the Township.
BUILDING SETBACK LINE, FRONTA line parallel to the right-of-way line at the front of a lot at a distance equal to the depth of the minimum front yard, as designated for each use and each district by Chapter 27, Zoning.
BUILDING SETBACK LINE, SIDEA line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard, as designated for each use and each district by Chapter 27, Zoning.
BUILDING SETBACK LINE, REARA line parallel to the rear lot line at a distance from the rear lot line equal to the depth of the minimum rear yard, as designated for each use and each district by Chapter 27, Zoning.
The maximum thickness or diameter of nursery stock trees
at a point on the trunk six inches above the natural ground line for
trees up to four inches in diameter and at a point 12 inches above
the natural ground for trees over four inches in diameter. Diameter
measurements for existing trees shall be taken as defined under "diameter
at breast height" or "DBH" in this section.
The Township Zoning Ordinance amendment adopted by Ordinance
2010-05, known as the "Comprehensive Agricultural Protection Zoning
Ordinance."
The surface portion of a street which is paved, improved,
designated, available or intended for vehicular use.
A line in the center of a street which is equidistant from
and parallel to the street lines.
An area of unobstructed vision at street intersection defined
by lines of sight between points at a given distance from the intersection
down the center lines of the intersecting streets.
The distance along a public or private road in which a driver
of a stopped vehicle on a driveway, access drive or intersecting road
needs to safely pull out and enter onto the main road. See Pennsylvania
Code, Title 67, transportation, Chapter 441, "Access to and Occupancy
of Highways by Driveways and Local Roads."
See "driveway, shared or common."
See "open space, common."
The services which provide for various community health,
education, safety, leisure and like needs and the locations at which
these services are provided. Typical community facilities include
schools, parks and recreation areas, libraries, health care facilities,
fire protection, police, ambulance and rescue services and postal
services.
A long-range policy plan intended to guide the growth and
development of Lower Mount Bethel Township and adopted as the Lower
Mount Bethel Township Comprehensive Plan by the Board of Supervisors,
as amended, and its successor provisions, consisting of maps, charts
and textual material.
A type of ownership wherein each apartment or dwelling unit
is owned in fee by its occupant, while the land and such appurtenances
as driveways, parking areas, sidewalks, landscaping, swimming pools
and other recreation facilities, road lighting, heating facilities,
entrance lobbies, halls, elevators and on-site utilities remain under
the ownership, with full responsibility for maintenance, of the developer
or any organization holding title to such land and appurtenances in
accordance with the Pennsylvania Uniform Condominium Act of 1980 (68
Pa.C.S.A. §§ 3101 through 3404). The unit may be any
permitted dwelling type.
The Northampton County Conservation District.
Any activity which may involve construction, reconstruction,
interior renovation, repair, extension, expansion, alteration, or
relocation of a building or structure, including the placement of
mobile homes and the excavation, cutting, filling, and grading of
lots in connection therewith or in preparation thereof.
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located; the
percentage of the lot area covered by buildings.
See "impervious cover."
A marked or specially constructed crossing of a public or
private road or other vehicular accessway designed to enhance pedestrian
safety and facilitate pedestrian circulation.
A form of a single-access street with access at one end and
terminated at the other by a vehicular turnaround.
A structure, including appurtenant works, which carries water
under or through an embankment or fill.
The removal of soil or rock from its natural or predevelopment
location.
An artificial barrier, together with its appurtenant works,
constructed for the purpose of impounding or storing water or another
fluid or semifluid, or a refuse bank, fill or structure for highway,
railroad, or other purposes which does or may impound water or another
fluid or semi-fluid.
Date on which a completed application together with all required
information, fees, etc., is received by the Township Secretary.
See "diameter at breast height."
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code
(Act 247, as amended)[2] to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations.
A measure of the number of dwelling units per unit of area
calculated by dividing the number of dwelling units by the site area,
usually expressed in dwelling units (DU) per acre.
Pennsylvania Department of Environmental Protection, formerly
Pennsylvania Department of Environmental Resources. See "PADEP."
Regulations adopted pursuant to this chapter imposing specific
improvement requirements by which a subdivision or land development
is developed.
The magnitude and temporal distribution 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 the design
and evaluation of stormwater management systems.
Areas allocated to meet requirements for open space where
applicable.
An impoundment structure designed to manage stormwater runoff
by temporarily storing the runoff and releasing it at a predetermined
rate.
The final action by an officer, body or agency charged with
the administration of any land use ordinance or application, except
the following: the Board of Supervisors; and the Zoning Hearing Board.
Determinations shall be appealable only to the boards designated as
having jurisdiction for such appeals.
Any landowner, agent of such landowner, contract purchaser,
or tenant with the permission of such landowner, or equitable owner
who makes or causes to be made a subdivision of land or a land development,
including his, her or its heirs, executors, personal representatives,
successors, assigns and grantees.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
and the subdivision of land.
A sketch, preliminary or final plan, submitted in compliance
with the requirements of this chapter, showing the provisions for
development of a tract of land and including all information required
pursuant to this chapter, including all covenants relating to use,
location of buildings and other structures, intensity of use or density
of development, streets, and parking facilities, common open space
and public facilities.
The diameter of a tree trunk, measured at 4.5 feet from the
ground surface at the point of the highest elevation in contact with
the trunk of such tree.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A right granted by a landowner to a grantee, allowing the
use of private land for stormwater management purposes.
Any ditch, gutter, pipe, culvert, storm sewer, retention
basin, detention basin, or other structure designed, intended, or
constructed for the purpose of controlling or diverting surface waters
or carrying surface waters off streets, public rights-of-way, parks,
recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
Delaware River Basin Commission.
A generally circular line, the circumference of which is
determined by the outer reaches of a tree's widest branching points.
A private ingress/egress to a street from private property.
A driveway which is shared by separate lots.
An application for approval by the Township which is complete
in terms of plans, reports, studies, maps, investigations, analyses,
exhibits, fees, and the like required by this chapter. Applications
for permits, subdivision, land development and the like shall not
be considered as being duly filed unless all plans, accompanying information
and applicable fees are submitted as required by the Township.
Any building or other structure designed for, and occupied
exclusively for, residential purposes, including an apartment and
mobile home which is supported either by a foundation or is otherwise
permanently attached to the land, but excluding rental units in a
motel, rooming house, bed-and-breakfast, tourist home, institutional
home, dormitory, and the like. It is the intention to include within
the definition of "dwelling" all recognized housing types, architectural
types or styles, or combinations thereof, whether such housing units
are for lease or for sale. Dwelling types include, but are not limited
to, the following:
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence, containing one dwelling unit for a single family and having no common or party wall with an adjacent dwelling, and having yards on all sides. Where a private garage is structurally attached to such building, it shall be considered as part thereof.
SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)A building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall extending from ground to roof and having yards on all but one side.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building designed for and occupied exclusively as a residence, containing two distinct single-family dwelling units totally separated from each other by a horizontal party wall.
MULTIFAMILY DWELLINGA residential building containing two or more distinct dwelling units, each with independent kitchen, bathroom and bedroom facilities including, but not limited to, the following:
TOWNHOUSE (SINGLE-FAMILY ATTACHED DWELLING)A building containing at least three distinct dwelling units separated by a vertical common party wall, each one dwelling unit from ground to roof, independent outside access, having yards on two sides except dwelling units at either end of the building with yards on three sides.
FOUR-PLEX or QUADRAPLEXA building containing four distinct dwelling units, each of which has: independent inside access through a common area or independent outside access, two nonparallel party walls in common with adjacent dwelling units, and yards on two nonparallel sides.
APARTMENTA building containing three or more distinct dwelling units separated by common party walls which may have more than one dwelling unit from ground to roof and common outside access(es).
A building or portion thereof, forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating exclusively by one family.
The Environmental Advisory Council of Lower Mount Bethel
Township.
Any activity which disturbs the surface of the land, including,
but not limited to, clearing and grubbing, grading, mining, excavation,
embankments, road maintenance, construction and the moving, depositing,
stockpiling, or storing of soil, rock or earth materials.
An interest in land, owned by a party other than the owner
of the fee interest in the land, that entitles the holder to a specific
use, purpose, or enjoyment of the land, or to enforcement of restriction(s)
on the use of the land or structures thereon.
A person duly licensed and registered by the Commonwealth
of Pennsylvania to practice professional engineering.
A licensed Pennsylvania registered professional engineer,
duly appointed by the Lower Mount Bethel Township Board of Supervisors
as the engineer for the Township.
An addition to the floor area or the increase in size or
volume of an existing structure, an increase in the area of a parcel
which is occupied by an existing use, or an increase in the intensity
of a use as a result of increased parking, traffic generation, sewage
disposal system or other impacts on surrounding land uses, existing
or zoned.
The wearing away of soil, bedrock or land surface by water,
wind, ice, chemical, or other natural force.
The removal of the surface of the land through the combined
action of man's activity and the natural processes at a rate greater
than would occur because of the natural process alone.
The widening and deepening of waterways due to erosion.
Existing Resources and Site Analysis Plan.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or moved and shall include the conditions resulting therefrom.
The initial condition of a project site prior to the proposed
construction.
An accessory wall or structure composed of wood, iron, steel,
vinyl, brick, stone, decorative block, concrete block and/or other
similar materials constructed, hedges [which may include shrubbery,
trees (excluding shade trees) or other plants] or other material erected
in such a manner and positioned as to enclose, or partially enclose,
or inhibit the view of any premises or along any part of any premises.
Trellises or other structures supporting, or for the purpose of supporting,
vines, flowers and other vegetation when erected in such position
as to enclose any premises or any part of any premises shall be included
within the definition of "fence." Electronic or sound-controlled invisible
fences shall not be included within the definition of the word "fence."
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, including all conditions resulting therefrom.
The final vertical elevation of the ground surface after
development.
See "lot, flag."
A general and temporary inundation of normally dry land by
water.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
Those maps prepared by the Federal Emergency Management Agency
(FEMA) for Lower Mount Bethel Township, delineating the floodplain,
as may be amended from time to time.
A relatively flat or low area of land which is subject to
partial or complete inundation from an adjoining or nearby stream,
river, or watercourse, and/or an area subject to the unusual and rapid
accumulation of runoff or surface waters from any source.
See "woodlands."
A plan submitted in conformance with the provisions of this
chapter which describes by means of text and maps proposed actions
involving the removal of trees from a tract of land. Such plan shall
have been prepared by a professional with demonstrable expertise in
woodland or forest management, and shall document measures to be taken
to: protect water quality; minimize impacts from skid trails and logging
roads, land areas, and the tree removal process; and ensure site restoration.
A vertical distance between the elevation of the design high-water
and the top of a dam, levee, tank, basin, or diversion ridge. The
space is required as a safety margin in a pond or basin.
GRADE (noun)A slope, usually of a road, channel or natural ground specified in percent and shown on plans as specified herein.
"To grade" as defined above.
Wastewater generated from domestic activities such as laundry,
dish-washing and bathing which may be recycled on-site for uses such
as landscape irrigation, and constructed wetlands, subject to receiving
appropriate county and commonwealth department approvals.
The sum of the horizontal areas of all floors of a building
measured from the exterior face of exterior walls, or from the center
line of a wall separating two buildings, but not including interior
parking spaces, loading space for motor vehicles, or any space where
the average floor-to-ceiling height is less than six feet.
The process by which water from above the surface is added
to the saturated zone of an aquifer by indirect methods.
A street, parallel and adjacent to a property line, having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
Any hazardous or toxic substances, material or waste or petroleum
derivative which is or becomes regulated by any environmental-related
law. The term "hazardous material" includes, without limitation, any
material or substance which is:
Designated as a "hazardous substance" pursuant to Section on
1311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317);
Defined as a "hazardous waste" pursuant to Section 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq. (42 U.S.C. § 6903); or
Defined as a "hazardous substance" pursuant to Section 101 of
the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601).
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak). Hedgerows are considered woodlands and regulated
as such.
Any tree greater than 24 inches dbh shall be considered a
heritage tree, with the exception of invasive alien species. The Township
may designate as additional heritage trees any tree or other plant
selected as uniquely representative of a class or group in terms of
size, shape, form, age, historical importance, scenic qualities, visual
prominence or other characteristics. Trees or other plants determined
to be dead or diseased or in any manner constituting a safety hazard
shall not be considered heritage trees.
Any building, structure, or site that is:
Listed individually on the National Register of Historic Places,
maintained by the National Park Service, Department of the Interior
(NPS);
Determined by NPS or the Pennsylvania Historical and Museum
Commission (PHMC) to be a contributing property to the significance
of a National Register listed or eligible historic district;
Determined by NPS or PHMC to be eligible ("determination of
eligibility" or DOE) for listing either individually or as part of
a historic district on the National Register; or
Listed on any Lower Mount Bethel Township Historic Sites Survey
or Inventory.
A nonprofit organization of homeowners or property owners,
planned and operated pursuant to the Pennsylvania Uniform Planned
Community Act (68 Pa.C.S. § 5101 et seq.), under approved
rules and regulations, for the purpose of administering to the needs
of residents through the maintenance of community-owned property or
facilities.
Soil that is saturated, flooded, or ponded, long enough during
the growing season to develop anaerobic conditions that favor the
growth and regeneration of wetlands vegetation. Wetlands vegetation
includes those plant species that have adapted to saturated soils
and periodic inundations occurring in wetlands. Hydric soils include
any soil inventoried or described as hydric or as a soil with hydric
inclusions according to the Soil Survey of Northampton County, Pennsylvania
(most current data available) or other information provided by the
Natural Resource Conservation Service (NRCS).
A registered, professional person trained and having experience
in the areas of hydrology and geology that deal with groundwater,
its occurrence and movements, in its replenishment and depletion,
the properties of rocks that control groundwater movement and storage,
and the methods of investigation and utilization of groundwater.
A classification of soils by the Natural Resources Conservation
Service into four runoff potential groups. The groups range from A
soils, which are very permeable and produce little runoff, to D soils,
which are not very permeable and produce much more runoff.
An analysis of the volume and velocity of water flow through
a watershed consistent with standardized modeling practices such as
Natural Resources Conservation Service TR-20 Model.
Any surface or material which is impenetrable or unable to
absorb water, or allow for groundwater recharge, including but not
limited to buildings, structures, roof overhangs, and paved areas,
including parking areas, driveways, streets, sidewalks, and other
such areas in concrete, stone, or asphalt. In addition, other areas
determined by the Township Engineer to be impervious within the meaning
of this definition shall also be considered as contributing to total
impervious cover.
A ratio which is measured by dividing the total areas of
all impervious surfaces within the site by the site area.
A retention or detention basin designed to retain stormwater
runoff and release it at a controlled rate.
Any and all physical improvements, additions, changes enhancements,
augmentations, conditions, common amenities and facilities to the
land (whether or not the same are intended to be offered for dedication).
Improvements shall include, but not be limited to streets (including
but not limited to: curbing, base course, binder course, wearing course,
subbase, excavation to rough grade, saw cutting and milling), erosion
and sedimentation control facilities (including but not limited to:
any proposed temporary E&S measures, rock construction entrance(s),
silt fences, tree protection fences, baffles, temporary seeding of
stockpiles, matting and inlet protection), stormwater management facilities
(including but not limited to: swales, piping, inlets, manholes, end
walls, head walls, outlet structures, level spreaders, detention basins
(including topsoil and seeding), catch basins, fencing around detention
basins, swale grading, stone backfill, antiseep collars, riprap and
conversion from sedimentation basins), landscaping (including but
not limited to: deciduous trees, evergreen trees, evergreen shrubs,
perennials/grasses and buffer and screening plantings) street trees,
streetlights, recreation paths and sidewalks (including but not limited
to: excavation to rough grade and materials) walking paths and gazebos,
corner iron pins and concrete monuments, striping and signage (traffic
signs, street signs, etc.), utility trenching/installation for phone,
cable, electric, etc., including backfill material, open space and
recreation area improvements, clearing and grubbing, replacement of
topsoil, traffic control signage and site preparation.
A structure designed to direct runoff into the ground, (e.g.,
french drains, seepage beds, seepage trench, and biofiltration swale).
A surface connection to a closed drain. A structure at the
diversion end of a conduit. The upstream end of any structure through
which water may flow.
See "lot, interior."
Plant species not native to local natural communities that
grow and spread aggressively and displace native plants. Also called
"exotics," these species tend to reproduce prolifically and out-compete
native plants for light, space, and nutrients, reducing plant diversity
and wildlife habitat. Such species shall include those with a similar
definition or classification assigned by the Commonwealth of Pennsylvania's
Department of Environmental Protection and/or Department of Conservation
and Natural Resources, as such definition or classification may be
amended or updated from time to time, including but not limited to
the following: Rosa multiflora (multiflora rose, a shrub), Eleagnus
umbellata (autumn olive, a shrub), Lonicera japonica (Japanese honeysuckle,
a vine), Lonicera spp (Amur, Morrow, Bells, or Tartarian honeysuckle,
non-native shrubs), Celastrus orbiculatus (Oriental bittersweet, a
vine), Acer platanoides (Norway maple, a tree), Pyrus calleryana (Callery
pear, a tree), Ulmus pumila (Siberian elm, a tree), Ampelopsis brevipedunculata
(Porcelain-berry, a vine), Ligustrum obtusifolium (privet, a shrub)
Ailanthus altissima (Tree-of-Heaven, a tree), Viburnum plicatum (Doublefile
viburnum, a shrub) and Polygonum perfoliatum (Mile-a-Minute Weed,
a vine).
Natural or artificial bodies of water that retain water year-round.
Artificial ponds may be created by dams, or may result from excavation.
The shoreline of such water bodies shall be measured from the spillway
crest elevation.
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, buildings, or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code, as amended,[3] is specifically included in the definition of land development,
except where otherwise excluded in Section 503(1.1).
A sketch, preliminary or final plan, submitted in compliance
with the requirements of this chapter, showing the provision for development
of a tract of land and including all information required pursuant
to this chapter, including all covenants relating to use, location
of buildings and other structures, intensity of use or density of
development, streets, and parking facilities, common open space and
public facilities.
Any activity which exposes soils, alters topography, and/or
alters vegetation including any activity defined as woodland disturbance.
The following activities shall not be regulated as land disturbance
but shall nevertheless be undertaken in a manner such that disturbed
areas shall be stabilized with suitable vegetation and shall not be
left bare:
Customary agricultural practices such as tilling, plowing, mowing,
and harvesting;
Customary landscaping practices such as mowing, planting, trimming;
Removal of hazardous vegetation or invasive alien species; or
Timber harvesting in accordance with the applicable provisions of Chapter 27, Zoning.
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 purposes of this chapter.
A professional landscape architect registered in the Commonwealth
of Pennsylvania.
A plan for the installation and maintenance of landscaping,
prepared according to the provisions of this chapter.
The planting of turf or other appropriate ground cover or
the planting of deciduous and evergreen trees and shrubbery, including
the maintenance thereof, for the control of erosion, the retention
of precipitation, protection against the elements, and promotion of
human comfort and welfare.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers.
A road that has its origin and ending with the same intersecting
road.
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 with one or more buildings and any buildings
accessory thereto or for any other purpose in single and separate
ownership and not divided by a road, nor including any land within
a right-of-way or a public or private road upon which said lot abuts,
even if the ownership to such right-of-way is in the owner of the
lot.
The area of land contained within the limits of the property
lines bounding a lot or tract, as shown on a deed, survey, plot, subdivision
or land development plan.
The entire area of a lot or tract.
The area of a lot or tract exclusive of any existing right-of-way
or area that has been set aside as right-of-way or easement for a
public or private street.
A lot at the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines within the street lines intersect at an interior angle of less
than 135°.
An interior lot which is connected to a public street, highway
or public right-of-way by a strip of land that does not meet the minimum
lot width at street line and connects the main portion of the lot
with the aforesaid public street, highway or public right-of-way.
The strip of land must be no less than 50 feet in width.
A property boundary line dividing one lot from another or
from a street, road, or any public space, except that, in the case
of any lot abutting a street or road deemed to be the same as the
street or road line, the lot line shall not be the center line of
the street or road, or any other line within the street or road line
even though such may be on the property boundary line in a deed.
A lot line adjustment is the transfer of land between adjacent
separate lots, in which one more owner(s) may be the applicant(s).
However, if fewer than all owner(s) are the applicant(s), then all
non-applicant owner(s) shall sign the plan indicating consent to the
lot line adjustment. The purpose of the lot line adjustment is to
straighten out, square off, or create a result that will be considered
more favorable than the current condition. The lot line adjustment
shall not create any new building lots. There is no limit to the size
or area of a lot line adjustment. For purposes of this Chapter, where
applicable, a lot merger shall be considered a form of lot line adjustment.
[Ord. No. 2021-01, 5/3/2021]
The line separating a lot from the street or road line.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line 10 feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
Any lot line, which is not a front lot line or a rear lot
line.
A merger of two or more existing lots, otherwise meeting
the requirements for lot line adjustment and simply deleting certain
existing lot lines. A lot merger shall be subject to the same subdivision
requirements herein as a lot line adjustment, where required by any
provisions of the Township Code or otherwise desired by an applicant.
[Ord. No. 2021-01, 5/3/2021]
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
The distance measured between side lot lines at the required
building set back line. In the case of a corner lot, lot width shall
be measured between such side lot line and the opposite lot line or
front lot line.
A structure, transportable in one or more sections, which
in the traveling mode is eight feet or more in width or 40 feet or
more in length, or, when erected on site, is 320 square feet or more,
and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation, or a structure
which does not meet the size requirements note above but for which
the manufacture voluntarily files a certification required by the
secretary of HUD and complies with the standards of the applicable
residential construction code. For the purpose of these provisions,
a mobile home shall be considered a manufactured home.
A steel bar or pin at least 3/4 inches in diameter, and at
least 36 inches in length.
[Amended by Ord. No. 2021-01, 5/3/2021]
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into a single 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 connections to utilities, including any addition, such
as porches or additional rooms.
Any required monument shall be concrete with a minimum top
width of four inches by four inches and a bottom width of six inches
by six inches. The minimum height shall be 30 inches. The concrete
monument shall contain a steel dowel in order to be detectable by
an electromagnetic locator.
[Amended by Ord. No. 2021-01, 5/3/2021]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, 53 P.S. § 10101 et seq.
A species of plant that currently or previously inhabited
or grew in a specified location, and which was not introduced to that
location as a result of human activity, either intentional or accidental.
The term "native" species generally refers to a species whose range
was located within a large area like a continent or a nation. The
term "indigenous" species is typically used to refer to a species
whose original range extended into a smaller area like a state, county,
or watershed.
National Pollutant Discharge Elimination System, the system
whereby the federal government issues permits in accordance with the
federal Clean Water Act, which authority is delegated in Pennsylvania
to the Pennsylvania Department of Environmental Protection (DEP).
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream.
A system which collects, treats, and disposes of sewage from
only one dwelling unit, principal use or lot into a soil absorption
system, spray field or tank.
A parcel or parcels of land or an area of water, or a combination
of both within a development site designed and intended for the use
and enjoyment of residents of such development and possibly the general
public or other open space use dependent on the terms of agreement
and ownership of the open space. Common open space is substantially
free of structures, including stormwater detention basins, but may
contain such improvements as are in the approved final development
plan, but shall not include individually owned private yards, roads,
and off-street parking areas unless provided in conjunction with a
recreational facility.
A structure designed to control the volume of stormwater
runoff that passes through it during a specified length of time.
See "landowner."
See "lot."
That portion of each tract of land that is within Lower Mount
Bethel Township, as that tract existed as of the effective date of
this chapter.
A space, available for the parking of one motor vehicle,
exclusive of passageways, driveways or other means of circulation
or access. A parking space shall include either a covered garage space
or uncovered parking lot space located outside of the road right-of-way.
The drives or roadways and the maneuvering space required
to service the parking space.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive-recreation,
such as nature areas, craft areas, meeting areas, sitting areas, walkways,
sunbathing areas, ponds and lakes, and picnicking areas.
Any leisure time activity not considered active (e.g., walking,
picnicking, bird watching, fishing).
A continuous way designated for pedestrians and separated
from the through lanes for bicycles or motor vehicles by space or
other barrier.
Pennsylvania Department of Transportation.
Any individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties, including any members,
directors, officers, trustees, employees, managers and supervisors,
partners or principals thereof. Whenever used in any clause prescribing
and imposing a penalty, person specifically includes the members,
directors, officers, trustees, employees, managers and supervisors,
partners or principals, or any of them, of such legal entities, all
of which shall be jointly and severally liable to the Township.
A culvert, closed conduit, or similar structure (including
appurtenances) that conveys stormwater, water or sanitary sewerage.
See definition of "plat."
A corrected final plan, showing dimensions and locations
of all streets and other improvements as actually constructed. As
built plans shall be provided in both hard copies and an acceptable
electronic format (CADD, etc.) to the Township Engineer.
A complete and exact subdivision and/or land development plan, including all required supplementary data, complete and prepared for official recording in accordance with the requirements of this chapter and with any conditions of approval imposed by the Township, to define property rights, proposed roads and other improvements. See Part 4 of this chapter for final plan content.
A subdivision and/or land development plan presented to the Lower Mount Bethel Township Planning Commission and Board of Supervisors demonstrating compliance with existing ordinances and regulations and showing existing features, proposed road and lot layout, stormwater management facilities and engineering detail sufficient to ensure proper functioning of proposed improvements. See Part 4 of this chapter for preliminary plan content.
An exact copy of the approved final plan on Mylar or linen
of standard size, prepared for necessary signatures and recording
with the Northampton County Recorder of Deeds.
An informal plan indicating existing features of a tract and its surroundings and, with respect for those features, the general layout of the proposed subdivision or land development submitted to the Township for discussion purposes only with the Planning Commission and Board of Supervisors. See Part 4 of this chapter for sketch plan content.
The Planning Commission of Lower Mount Bethel Township, Northampton
County, Pa.
The map or plan of a subdivision or land development, whether
preliminary or final.
An exact copy of the approved final plan on Mylar or linen
of standard size, prepared for necessary signatures and recording
with the Northampton County Recorder of Deeds.
See "street, private."
A formal meeting held pursuant to public notice by the Board
of Supervisors, intended to inform and obtain public comment, prior
to action in accordance with the Municipalities Planning Code, Act
247 of 1968, as amended.[4]
A meeting advertised by public notice, or a regularly scheduled
meeting, for the discussion of a particular matter or required purpose,
such as the review, approval, or denial of subdivision or land development
applications. Such meetings may, at the discretion of the meeting
body, inform and obtain public comment, and shall proceed pursuant
to the applicable regulations for the matter at hand, including the
Pennsylvania Municipalities Planning Code, Act 247 1968, as amended.[5]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time, place, and particular nature of the matter to
be considered. 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.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures.
Any letter, review, memorandum, compilation or similar writing
made by any applicant, developer, body, board, officer or consultant
other than a solicitor to any (other) body, board, officer or consultant
for the purpose of assisting the recipient of such report in the rendering
of any decision or determination.
A parcel of land which is parallel to and between a road
right-of-way and a tract of land.
See "lot, reverse frontage."
An examination of a plan, report, study or other material submitted by an applicant or developer to determine compliance with this chapter, Chapter 27, Zoning, and other pertinent requirements.
Land area reserved or dedicated for a street, road, other
means of travel or other public or private purpose, or essential services
and utilities such as gas pipes, waterlines, or sewer lines.
The legal right-of-way as established by a governing authority
and currently in existence.
The right-of-way deemed necessary to provide adequate width
for future road or street improvements.
Except to the extent a more restrictive riparian buffer is
required by the regulations of the Department of Environmental Protection
for high-quality waters and/or exceptional value waters, in which
case the more restrictive regulation of the Department of Environmental
Protection shall apply, the following shall be a riparian buffer for
purposes of this chapter. A "riparian buffer" is an area of trees
and other vegetation adjacent to a watercourse or wetland that forms
a transition area between the aquatic and terrestrial environment.
The riparian buffer is designed to intercept runoff from upland sources
for the purpose of mitigating the effects of nutrients, sediment,
organic matter, pesticides or other pollutants prior to entry into
surface waters. The riparian buffer shall be divided into two zones:
ZONE ONE: INNER RIPARIAN BUFFERThis zone shall begin at each edge of any identified wetland or watercourse and shall occupy a margin of land on each side, each with a minimum width of 15 feet from any wetland or 25 feet from any watercourse, whichever is greater. The width of such margin shall be measured horizontally on a line perpendicular to the applicable edge of the wetland or, in the case of a watercourse, to the nearest edge of the water at bankful flow. Where very steep slopes (+25%) are located within and extend beyond such margin, Zone One shall extend to include the entirety of the very steep slopes up to a maximum dimension of 100 feet from the subject watercourse or 60 feet from the subject wetland, whichever is greater.
ZONE TWO: OUTER RIPARIAN BUFFERZone Two begins at the outer edge and on each side of any area delineated within Zone One and occupies any additional area, if any, within 100 feet of the nearest edge of any watercourse or 60 feet from the nearest edge of any wetland, whichever is greater and measured as for Zone One.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
See "street."
The water-carried waste resulting from the discharge of water
closets, laundry tubs, washing machines, sinks, dishwashers, or any
other source of water-carried waste of human origin.
A conduit that collects and transports sanitary sewage.
A barrier, dam, or retention or detention basin located and
designed to retain rock, sand, gravel, silt, or other material transported
by water.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
The felling of certain, but not all trees, in an area for
the purpose of removing dead, diseased, damaged, mature, or marketable
timber or for improving the quality of a tree stand.
Any substance that contains any waste products or excrementitious
matter or other discharge from the bodies of human beings and laundry,
bathroom, and kitchen wastewater.
INDIVIDUAL (ON-LOT OR OFF-LOT) SEWAGE DISPOSAL SYSTEMThe disposal of sewage from one lot by the use of piping, tanks and other facilities approved by the Township's sewage enforcement officer or the Department of Environment Protection. Such system shall be totally within the confines of the lot on which the use is located ("on-lot"), or shall be located within an easement designated for such purpose on another lot ("off-lot").
COMMUNITY COLLECTION AND TREATMENT SEWAGE DISPOSAL SYSTEMA sanitary sewage system which carries sewage from more than one individual discharger or other Township service area by a system of pipes to a common treatment and disposal facility, either on-site or off-site, approved by the Pennsylvania Department of Environmental Protection, or other applicable regulatory agency.
PUBLIC SEWAGE DISPOSAL SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility and disposed of through means approved by the Pennsylvania Department of Environmental Protection. Such service may be administered by government agency, municipal authority, or public utility. Such system services a municipality(ies) or generally larger areas within a municipality(ies).
That portion of the Township designated in the Official Sewage
Facilities Plan (Act 537 Plan) in which there is, or may be, constructed
a public sewage disposal system.
Runoff that flows over the ground surface as a thin, even
layer, not concentrated in a channel.
The distance along a public or private road in which a driver
of a stopped vehicle on a driveway, access drive or intersecting road
needs to safely pull out and enter onto the main road. See Pennsylvania
Code, Title 67, transportation, Chapter 441, "Access to and Occupancy
of Highways by Driveways and Local Roads."
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into two or more lots.
Any land area within a site as determined by an actual site
survey.
The percentage of the change in vertical distance (rise)
over the horizontal distance (run), as measured between consecutive
contour lines expressed as a percentage.
A field test conducted according to the rules and regulations
of the Commonwealth of Pennsylvania, Title 25, Chapter 73, or such
successor provisions as may be amended or restated from time to time,
to determine the suitability of the soil for sanitary sewage disposal
by measuring the absorptive capacity of the soil at a given location
and depth.
The proper placing, grading and/or covering of soil, rock,
or earth to insure their resistance to erosion, sliding or other movement.
Slopes shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines and expressed
as a percent. For the purpose of application of these regulations,
slope shall be measured over three or more two-foot contour intervals
(six cumulative vertical feet of slope). All slope measurements shall
be based on contour intervals determined by detailed topographical
survey using aerial photogrammetry or actual field survey and shall
be signed and sealed by a registered surveyor or engineer licensed
to practice in the Commonwealth of Pennsylvania.
Any area not otherwise regulated as steep slope and located
within 25 feet upslope of any area regulated as steep slope, measured
perpendicularly to the contour of the land. Areas measured laterally
or downslope of steep slope areas shall not be regulated as steep
slope margin.
A system of pipes or other conduits which carries intercepted
surface runoff, road water and other waters, or drainage, but excludes
domestic sewage or wastewater and industrial wastes.
The precipitation reaching the ground surface.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
The plan prepared by the developer or his representative
indicating how stormwater will be managed in accordance with the requirements
of this chapter.
A watercourse.
Includes thoroughfare, avenue, boulevard, court, drive, expressway,
highway, lane, service street, and road or similar terms.
A designation in the Lower Mount Bethel Comprehensive Plan, as amended, given a street in accordance with its function as a carrier of traffic and from which specific setback distances and other regulations in this chapter apply. Classifications for new streets within the Township, or streets not designated in the current Township Comprehensive Plan, shall be determined by the Board of Supervisors after recommendation by the Planning Commission. For the purpose of this chapter, the following four classifications shall apply based on the Lower Mount Bethel Township Comprehensive Plan, Chapter 8 Road Classification Plan, 2007:
RURAL MINOR ARTERIALArterials of this type also emphasize mobility and serve to link urban and rural centers, but their focus is more regional. They provide for traffic ranging from 5,000 to 15,000 trips per day with higher access than principal arterials, but still some access control.
RURAL MAJOR COLLECTORIts purpose is to collect traffic and move it to the arterials. A major collector links residential and commercial areas by "collecting" traffic from residential areas and moving it to arterials. This road classification accommodates traffic averaging 3,000 to 8,000 trips per day.
RURAL MINOR COLLECTORMinor collectors serve the same function as a major collector, but on a smaller scale. These serve traffic in the range of 1,000 to 3,000 trips per day, collecting traffic from various access points mainly in residential areas, and distributing it to other residential and commercial centers. Minor collectors serve mainly local traffic.
LOCAL ROADLocal roads focus on access, and often help to define the municipality's unique character. Roads in the neighborhoods are considered local and provide direct residential access. They are intended for very short distance travel and usually do not carry through trips.
The right-of-way, or the dividing line between a lot and
the outside boundary of a public street, road or highway, legally
open or officially plotted, or between a lot and outside the boundary
of a privately owned street, road, or way over which the owners or
tenants of two or more lots each held in single and separate ownership
have the right-of-way.
A line which is an equal distance from both street lines
as originally laid out and constructed.
A thoroughfare serving abutting lots held in single and separate
ownership and not deeded or dedicated to the Township.
A public thoroughfare which has been dedicated and deeded
to the Township and which affords the principal means of access to
the abutting property.
A street which has access to an existing public street and
circulation system only at one point. A single access street includes
culs-de-sac, loop roads, and dead-end streets.
Any man-made object having an ascertainable stationary location
on or in land or water, whether public or private, including but not
limited to buildings, sheds, mobile homes, signs, fences or walls,
antennas, porches, platforms, tennis courts, swimming pools, tanks,
and towers, and similar items.
See "developer."
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 division by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street, easement of access or any residential
dwelling shall not be considered a subdivision.
The Subdivision and Land Development Ordinance of Lower Mount
Bethel Township, Northampton County, Pa.
A sketch, preliminary or final plan, submitted in compliance
with this chapter, showing the provision for the subdivision of a
tract of land.
Any subdivision not classified as a minor subdivision, and
any land development that does not include subdivision.
Any plan providing for a lot line adjustment or rejoining
of lots where no land development is proposed, or any subdivision
or land development application in which all of the following apply:
No public or private street is constructed or is required to
be widened;
No earth-moving activities except those incidental to construction
of a single-family dwelling on each proposed lot will take place;
No public improvement or guarantee thereof is required other
than as may relate to road widening, on-lot stormwater management
systems or sewer or water lines serving an individual lot; and
No more than five residential or agricultural lots shall result
from any subdivision including any residual portion of the parent
tract, nor from the cumulative result of more than one subdivision
of the same parent tract occurring after the date of adoption of this
chapter, excluding subdivision of lots or parcels permanently restricted
to agricultural or open space use.
The Board of Township Supervisors of Lower Mount Bethel Township,
Northampton County, Pennsylvania.
Water flowing from a specific site or land area, typically
from defined precipitation events such as a twenty-four-hour storm,
including flows from pervious natural surfaces in excess of soil permeability
rates and flows from fully and partially impervious developed surfaces.
A professional land surveyor registered by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
The Township of Lower Mount Bethel. The Board of Supervisors
of Lower Mount Bethel Township or the official, person, or committee
designated by the Board of Supervisors to act with respect to a particular
matter set forth herein.
One or more contiguous lots within the Township, assembled
for the purpose of unified development, including a planned residential
development, multiple-family development, planned shopping center,
planned office park, industrial park, cluster development or lot averaging
development, or a mobile home park.
An activity or the specific purpose for which land or a building
is designed, arranged, intended, or improved on a lot or for which
it is or may be occupied or used.
INDIVIDUAL WATER SUPPLYA safe and healthful supply of water consisting of a well, piping, pump and other equipment which services one single user.
COMMUNITY WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development, or other Township service area. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.
PUBLIC WATER SUPPLY SYSTEMA system for supplying water in sufficient quantities to more than one dwelling and other buildings, which is administered by a municipality, municipal authority, or public utility as defined and regulated by the Pennsylvania Public Utility Commission (PUC). Such system services a municipality(s) or generally larger areas within a municipality(s).
OFF-SITE WATER SUPPLYA safe, adequate and healthful supply of water to more than one user from a common source or common supplier approved by all governmental agencies having jurisdiction over such matters and either governmentally or privately owned or PUC controlled.
The upper surface of a zone of saturation, except where that
surface is formed by an impermeable body.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, with perennial or intermittent flow,
including the course of outflow from any spring, a river, brook, creek
or stream. The definition of watercourse shall exclude facilities
constructed solely for stormwater management.
Any and all rivers, streams, creeks, rivulets, dammed water,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial within or on the boundaries of the Commonwealth of Pennsylvania.
See "retention basin."
Wetlands are those areas inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, ponds, lakes, and similar areas. Wetlands include
all lands regulated as wetlands by the PADEP or the U.S. Army Corps
of Engineers. In the event there is a conflict between the definitions
of these agencies, the more restrictive definition applies.
An examined area measured from the outer limit of the wetland
extending to the outer limit of the hydric soils contiguous to the
wetland or 100 feet, whichever is less.
The aerial cover formed by the crowns of trees greater than
50 feet in height.
The individual trees which collectively form the woodland
canopy.
Any activity which:
Alters the existing structure of a woodland or hedgerow. Alterations
include the cutting or removal of canopy trees, subcanopy trees, understory
shrubs and vines, woody and herbaceous woodland floor species as well
as the removal of humus or duff from the ground; or
Constitutes a land disturbance within a woodland or hedgerow.
Notwithstanding the foregoing, woodland disturbance does not
include the following:
Where woodland disturbance is regulated as a timber harvesting
operation, such operation shall not be separately regulated as woodland
disturbance for the purposes of this chapter and shall not require
a submission pursuant to this chapter.
A tree mass or plant community covering an area of 0.25 acre
or more, in which tree species are dominant or co-dominant and the
branches of the trees form a complete, or nearly complete aerial canopy.
The extent of any woodland plant community or any part thereof shall
be measured from the outermost drip line of all the trees in such
plant community. Woodland shall include any area where timber has
been harvested within the previous three years and/or woodland disturbance
has occurred within the previous three years which would have met
the definition of woodland prior to timbering or disturbance, but
not prior to enactment of this section. Woodlands do not include orchards
or old fields.
An open space between the principal building or group of
buildings and the nearest lot line or road right-of-way which is unoccupied
and unobstructed from the ground upward except for permitted accessory
structures or as otherwise herein permitted. The minimum depth of
each required yard is established by the applicable building setback
line.
The Official Zoning Map of Lower Mount Bethel Township, Northampton
County, Pennsylvania.
The Zoning Ordinance of Lower Mount Bethel Township, Northampton
County, Pennsylvania.[6]
