[Ord. No. 2022-02, 7/11/2022]
1.
Unless otherwise expressly stated or the context clearly indicates
another meaning, the following words and phrases shall be construed
throughout the chapter to have the meanings indicated below.
2.
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
A.
Words used in the present tense include the future.
B.
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.
The masculine gender includes the feminine and neuter.
D.
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.
The word "lot" includes the words "plot," "parcel" or "tract."
F.
The words "may" and "should" are permissive. The words "shall," "must,"
and "will" are mandatory.
G.
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.
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.
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.
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.
The word "Supervisors" and the words "Board of Supervisors," where
not otherwise specified, shall mean the Lower Mount Bethel Township
Board of Supervisors.
L.
The words "Governing Body" refer to the Lower Mount Bethel Township
Board of Supervisors.
M.
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.
N.
The words "Zoning Ordinance" shall refer to the Lower Mount Bethel
Township Zoning Ordinance, as amended from time to time.
P.
The words "comprehensive plan" refer to the then-current version
of the Lower Mount Bethel Township Comprehensive Plan.
3.
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.
The word "structure" includes building and shall be construed as
if followed by the phrase "or part thereof."
5.
In addition to the definitions in this Part, additional definitions
in this or other ordinances, applicable regulations, or appendices
thereto may apply or be called into application by reference. In case
of conflict, the more stringent or restrictive definition shall apply.
6.
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. No. 2022-02, 7/11/2022]
For the purpose of this chapter, the following words, terms,
and phrases have the meaning indicated herein:
The cessation of a use without any intention to resume the
said use as established in this chapter.
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.
Any public or private school approved by the Pennsylvania
Department of Education that maintains or conducts classes for the
purpose of offering instruction, the purpose of which is to educate
an individual generally or specifically or to prepare an individual
for more advance study, and shall include all schools engaged in such
education, except trade schools, business schools, correspondence
schools, or any other school which is nonacademic in character. These
schools may include, but are not limited to: nursery school and kindergarten,
elementary and secondary, special education, tutoring and language
schools, clinic and reading laboratories, but not including correctional
institutions.
A self-contained dwelling unit conforming to the standards set forth in § 27-1503 of this chapter, which is complete with kitchen and bath facilities, has direct access to the outdoors or to a hallway or stairway from which there is direct access to the outdoors, and is subordinate to the principal dwelling unit on the property in terms of size and function.
An ingress/egress road or way serving commercial, industrial,
institutional and residential developments excluding driveways to
individual residential units.
A commercial use accessory to the agricultural use on the
same property or property owned by the same party of at least 50 acres
in size that brings visitors to the site of a working farm for tourism,
educational, recreational or entertainment purposes pursuant to the
provisions set forth in Part 15, including participation in farm work,
farming education and instruction, seasonal commercial activities
such as but not limited to pick-your-own operations, Christmas tree
farms, corn mazes, hay rides, Halloween activities, etc., and production,
tasting and sale of malt products produced on the property, winery
and tasting and sale of wine produced on the property, sale of other
products grown, raised or produced on the property. Accessory agricultural
commercial uses or agritourism, as regulated under this Zoning Ordinance,
does not include fireworks displays or activities meeting the definitions
or standards for "Special Event Venue" or "Temporary Event" which
are defined and regulated separately. However, for any applicable
activity, the provisions of the PA Agritourism Activity Protection
Act of 2021[1] shall apply.
A use, building or other structure on the same lot with,
and of a nature customarily incidental and subordinate to, the principal
use or structure.
Any equipment serving or being used in conjunction with a
WCF or "wireless support structure." this term includes utility or
wireless transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar equipment.
An area of land and/or water which equals 43,560 square feet,
measured on horizontal plans.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[2]
See "abutting."
Adult uses shall include the following:
A store or shop where the principal use is devoted to the display
and selling of pornographic materials which are pictures, drawings,
photographs, films or other depictions or printed matter and paraphernalia
which, if sold knowingly to an individual under the age of 18 years
of age, would violate the criminal laws of the Commonwealth of Pennsylvania
in effect at the time thereof.
Adult entertainment establishments such as cabarets, nightclubs,
movie theaters, bars or similar establishments providing erotic live
or media entertainment.
Any other business, establishment or club which offers its patrons
services, entertainment, or retail goods or commercial services characterized
by an emphasis on activities or matter depicting, describing, relating
to, or displaying erotic activities.
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.
As it applies to subdivision of tracts of 12 acres or greater
in the AP - Agricultural Preservation District:
No additional single-family detached dwellings shall be permitted on the agricultural reserve, except where the agricultural reserve may be combined with the farmstead lot which has the right to one additional single-family detached dwelling pursuant to § 27-404, Subsection 2., or § 27-404, Subsection 4., of this chapter. It is recognized that: i) the property owner has the opportunity to have a single-family detached dwelling on the agricultural reserve by combining it with the farmstead lot, but may instead choose to place it on a separately subdivided farmstead lot, and ii) use of the agricultural reserve for other permitted uses in the zoning district, significantly including agricultural uses, is a proper, legitimate and developed use of the land.
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, livestock, including, but
not limited to, raising, grazing or pasturing 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 may include "Accessory Agricultural Commercial Uses
or Agritourism" on properties of 50 acres or more but shall not include
commercial slaughtering or rendering operations.
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
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.
The process by which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas which is then burned
on-site to produce heat, electricity and water, and has the ancillary
benefit of managing livestock manure.
A building routinely used for the treatment, housing or boarding of animals. Any use where animals are domiciled overnight or where outdoor runs are provided shall be regulated as an animal hospital or animal shelter pursuant to § 27-1505 of this chapter.
The raising and keeping of common domestic animals and birds,
and other animals and birds, with the intent of producing capital
gain or profit, through the selling of any animal or bird products.
The keeping of domestic or other animals or birds as farm pets, or
for domestic purposes pursuant to the regulations of this chapter,
shall not be construed as animal husbandry.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless communication services. This term does not include private
residence mounted satellite dishes, television antennas or amateur
radio equipment (including ham or citizen band radio antennas).
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.
The visible, functional, or ornamental objects accessory
to and part of buildings or structures.
Standards that control the height, density, intensity and
location of structure, i.e., setbacks or yard requirements.
A facility for the housing and intermediate or fully skilled
nursing care of four or more persons, licensed by the state where
applicable. Residence staff or service providers who provide services
to the residents in the residence shall meet applicable professional
licensure requirements. An assisted-living residence must have a licensed
nurse available in the building or on call at all times.
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.[3]
A structure and/or land where major repairs of motor vehicles
or other machinery are conducted. Major repairs include major mechanical
and body work, straightening of body parts, painting, welding or other
work involving noise, glare, fumes, smoke or other characteristics
to an extent greater than normally found in automobile service stations.
For the purposes of this chapter, this shall also include closely
similar repairs of boats and other machinery. This use may include
the storage of vehicles and machinery being currently serviced.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of motor vehicle fuel and
accessories, and which may or may not include facilities for lubricating,
or otherwise servicing motor vehicles, but which shall not include
painting or body and fender repairs or the storage for sale of new
or used motor vehicles, or the sale of food and food products as a
principal use.
A building or area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles,
boat trailers, farm equipment, motorcycles, trucks, utility trailers
or boats in an operable condition or transportable mobile/manufactured
homes in a livable condition. This use may include automobile repair
or service but not retail sale of motor vehicle fuels. This use shall
not include a mobile/manufactured home park or a junkyard. Outside
storage and display of motor vehicles, boats or manufactured homes
shall be a permitted accessory use.
A cloth, plastic or other nonstructural covering that projects
from a wall for the purpose of shielding a doorway or window. An awning
is either permanently attached to a building or can be raised or retracted
to a position against the building when not in use.
Any building wherein the primary occupation or use is concerned
with such business as banking, savings and loan associations, credit
unions, loan companies, mortgage companies or investment companies.
The discharge that just fills the water channel to the top
of its banks and at a point where the water begins to overflow onto
a floodplain.
Any cloth, bunting, plastic, paper, or similar non-rigid
material attached to any structure, staff, pole, rope, wire, or framing
which is anchored on two or more edges or at all four corners. Banners
are temporary in nature and do not include flags.
A large building used or formerly used for sheltering livestock,
storing hay or other agricultural products, or housing equipment used
for operating a farm.
A wedding conducted in a barn existing as of August 7, 2010,
on a property qualifying as a special event venue and pursuant to
the definition and standards set forth for "special event venue" herein.
A flood which has a 1% chance of being equaled or exceeded
in any given year (also called the "100-year flood" or 1% annual chance
flood).
The volume of water resulting from a Base Flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a 1% or greater chance of being equaled
or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
Any source of electric light, whether portable or fixed,
the primary purpose of which is to cast a concentrated beam of light
generally skyward as a means of attracting attention to its location
rather than to illuminate any particular sign, structure, or other
object.
The use and occupancy of an existing structure for the accommodation of transient, over-night guests for a fee, subject to the specific conditions set forth in § 27-1508.
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.
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of the anaerobic digestion
processes.
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, committee, or Zoning
Hearing Board, where designated by the Board of Supervisors or applicable
law 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.
Provision for the year round visual and/or sound attenuation
between uses, through the application of such means as plantings,
earthen berms, depressions, fences and walls.
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."
The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney or other similar structure listed in § 27-1403, Subsection 3., of this chapter.
A permit issued in compliance with applicable Lower Mount
Bethel Township 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 the Township Zoning Ordinance.
BUILDING SETBACK LINE, SIDEA line parallel to the side lot line at a distance there from equal to the depth of the minimum side yard, as designated for each use and each district by the Township Zoning Ordinance.
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 the Township Zoning Ordinance.
The horizontal area measured within the outside of the foundation
walls and of the floors or roofed porches and roofed terraces inclusive,
and including the area of accessory buildings, if any. In the case
of split-level dwellings, the "first floor area" shall be deemed to
include floor areas on two non-overlapping levels, separated by a
half-story, or less, of height.
A building in which the primary use of the lot where it is
located is conducted, designed to be conducted or intended to be conducted.
An office where a particular kind of business is transacted
or a service supplied and shall be limited to offices for management,
executive, personnel, finance, consulting, record keeping, sales activity
excluding retail sales and clerical work of a commercial, industrial,
mercantile or service enterprise.
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."
A lot, tract, or parcel of land upon which a camping business
is operated for fee, including through any camping rental agency,
where people are allowed to camp overnight in one or more recreational
vehicles, tents or other individual camping units on a temporary basis.
An individual site prepared to allow for overnight camping
in recreational vehicle(s), tent(s) or other individual camping unit(s)
on a temporary basis. Where a campsite is operated as a business for
fee, it shall be regulated as a "Campground," regardless of size.
A structure other than an awning made of fabric, metal, or
other material that is supported by columns or posts affixed to the
ground and may also be connected to a building.
A building or portion thereof where automobiles are cleaned
mechanically, using a conveyor, sprayer, blower, steam-cleaning equipment
or other device. This use may include wash tunnels, pay stations,
vacuums, drying facilities, and associated paved accessways and parking
stalls.
The surface portion of a street which is paved, improved,
designated, available or intended for vehicular use.
Land and structures used or intended to be used for burial of the deceased, when operated pursuant to § 27-1511. Disposal or incineration of medical waste including human body parts shall not be permitted. See also definition of "funeral home or funeral parlor."
A line in the center of a street which is equidistant from
and parallel to the street lines.
A change in a building heretofore existing to a new use which
imposes other special provisions of law as outlined in this and other
applicable ordinances and regulations.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a heating appliance.
A nonprofit use of land or a building as a place of worship,
convent, monastery or similar religious institution or use, including
rectory and parish house. A church or other place of worship shall
not include a religious retreat with overnight accommodations for
non-residents of the facility.
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 removal of all trees greater than 12 inches dbh on a
site, or any portion thereof greater than 1/2 acre in contiguous area,
during a single timber harvesting operation or within a three-year
period. See also "selective cutting."
A type of geothermal heating and/or cooling system that consists
of the following basic elements: underground loops of piping; approved,
non-toxic heat transfer fluid; a heat pump; and an air distribution
system. An opening is made in the earth. A series of pipes are installed
into the opening and connected to a heat exchange system in the building.
The pipes form a closed loop and are filled with a heat transfer fluid.
The heat transfer fluid is potable or beneficial reuse water and may
have approved non-toxic antifreeze, such as propylene glycol, added.
The fluid is circulated through the piping from the opening into the
heat exchanger and back. The system functions in the same manner as
the open-loop system except there is no pumping of groundwater.
A type of geothermal heating and/or cooling system that utilizes
a pressurized heat exchanger consisting of pipe, a circulating pump,
and a water-source heat pump in which the heat transfer fluid is not
exposed to the atmosphere. The heat transfer fluid is potable or beneficial
reuse water and may have approved non-toxic antifreeze, such as propylene
glycol, added.
In the context of wireless communication facilities, the
mounting or installation of wireless transmission equipment and/or
an antenna on an existing support structure or WCF tower for the purpose
of transmitting and/or receiving radio frequency signals for communication
purposes.
The use of land, or improvements thereto, for the purpose
of engaging in retail, wholesale or service activities for profit.
Any land area or structure that is used principally for active
or passive recreation, and is used for profit-making purposes, except
campground which is separately regulated. Land or facilities providing
for leisure-time activities that are only open to members, guests
or specific groups, but not operated principally for profit-making
purposes, shall not be considered commercial recreation facilities.
A commercial recreation facility that provides for the commercial
boarding or renting of horses and/or riding lessons.
A motor vehicle licensed by the Commonwealth in a class other
than Class I or Class II.
Livestock such as horses, cattle, sheep, pigs or other large
domestic animals; poultry; rabbits or other small domestic animals
excluding domestic companion animals such as dogs and cats.
See "open space, common."
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas or directional or panel antennas,
owned by a person or entity licensed by the Federal Communications
Commission (FCC) to operate such a device. This definition shall not
include private residence mounted satellite dishes or television antennas
or amateur radio equipment including without limitation ham or citizen
band radio antennas.
An unmanned building or cabinet containing communication
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower designed and used to support communications antennas.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas or other
appurtenances mounted on the tower.
Any communications tower that is, at the time of construction,
located on land that is owned by Lower Mount Bethel Township.
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.
See "use, conditional."
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. §§ 3101–3404). 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.
A retail use designed to serve a local market which generally
involves high turnover of clientele and includes, but is not limited
to, a delicatessen, small food market or sale of other home goods.
As such, a convenience store shall be permitted and regulated as a
retail use. Where a convenience store includes fuel dispensing as
either a principal or accessory use, it shall be permitted and regulated
subject to all provisions applicable to an "Automobile Service/Gas
Station."
Alteration of an existing building, structure or land by
change of use, theretofore existing, to a new use which imposes other
special provisions of a law governing building construction, equipment,
exits or zoning regulations.
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 single access local street intersecting another street
at one end and terminating in a bulb or other style of vehicular turn
around at the other end, built to the public street standards of Lower
Mount Bethel Township.
Any land area or structure generally open to public visitation,
with or without an entrance fee, for the principal purpose of displaying
and interpreting items or events of cultural or historical significance.
Cultural or historical facilities shall include museums but shall
not include a theater which shall be regulated as a separate use.
A structure or tunnel, including appurtenant works, which
carries water under or through an embankment of fill or under a road,
trail, railroad or other structure.
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 semi-fluid, 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.
A commercial facility where daytime supervision is provided
for adults.
Out-of-home care for part of a twenty-four-hour day to children
under 16 years of age, excluding care provided by relatives. Child
day care shall not include day care furnished in places of worship
during religious services.
The symbol designation of a noise level, reported in decibels,
using the A-Weighting network of a sound level meter, as defined in
ANSI 51.4 — Specification for Sound Level Meters. For example,
noise may be reported as 65 dB(A). For purposes of this chapter, the
noise shall be measured using the slow exponential time weighting
characteristic of the sound level meter.
See "diameter at breast height."
Unit of measure of the noise level, symbolized as dB or dB(A).
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code
(Act 247, as amended)[4] 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.
The Pennsylvania Department of Environmental Protection.
The Department of Health of the Commonwealth of Pennsylvania
or of Northampton County, or their representative having jurisdiction
in the Township.
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.
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: i) the Board of Supervisors; and ii) the Zoning Hearing
Board. Determinations shall be appealable only to the applicable board
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 human-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 portion of a sign message made up of internally illuminated
components capable of changing the message periodically. Digital displays
may include but are not limited to LCD, LED, or plasma displays.
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area. A DAS service provider shall not be considered a public utility
for purposes of this chapter.
A portion of the territory of Lower Mount Bethel Township
within which certain uniform regulations and requirements of the various
combinations thereof apply under the provisions of this chapter.
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.
In the context of measuring the extent of tree canopy, a
generally circular line, the circumference of which is determined
by the outer reaches of a tree's widest branching points.
A dedicated access lane leading to a window where customer
service is performed, such as banking, pharmacy, food and beverage
pickup and other services; in the case of fast-food restaurant; the
drive-through access lane may also access an ordering station prior
to reaching the pickup window.
Any cleaning process for clothing and textiles using a chemical
solvent other than water. It is used to clean fabrics that degrade
in water, and delicate fabrics that cannot withstand the rough and
tumble of a washing machine and clothes dryer.
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 SEMI-DETACHED 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 three 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 or buildings, each containing at least three and not more than four distinct dwelling units each a minimum of 20 feet wide and separated by a vertical common party wall. Each dwelling unit is a single dwelling unit from ground to roof, with independent outside access, and 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 non-parallel party walls in common with adjacent dwelling units, and yards on two non-parallel 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.
See "accessory dwelling."
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, including
the deposition or spreading of sludge.
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.
Use of land or building(s) for the establishment, operation
and maintenance of a public or private college, commercial or nonprofit,
secondary or elementary school, or other educational institution for
the primary purpose of instruction and learning excluding day care.
A public or private nonprofit school shall be defined as an educational
use that is not conducted as a gainful business. A commercial school
shall be defined as an education use conducted for-profit as a gainful
business.
The date upon which this chapter officially comes into effect,
except that with respect to the subject matter of any amendment, said
date shall mean the date upon which the particular amendment became
or becomes effective.
A wall, fence, plantings, earth works, or combinations thereof, which are arranged or placed as provided in § 27-1408 of this chapter, or any applicable provision of the Subdivision and Land Development Ordinance[5] of Lower Mount Bethel Township, to create either an opaque
visual barrier or to provide for a filtered view which diverts attention
from, or obstructs at least 50% of an otherwise clear view of a use
or activity during all seasons of the year.
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 human 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.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the Township.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
the preparation of additional sites by the construction of facilities
for servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
One or more individuals living independently as a single
housekeeping unit and using cooking facilities and certain rooms in
common. A family shall not be deemed to include the occupants of a
college dormitory or residential club.
A parcel of land that may be subdivided from an original tract for residential and agricultural purposes pursuant to § 27-404, Subsection 3., of this chapter, where such parcel is 10 acres or greater in size and upon subdivision is restricted from further subdivision.
As it applies to subdivision of tracts of 12 acres or greater in the AP - Agricultural Preservation District, the allowance for a farmstead lot under the subdivision/development options set forth in § 27-404, Subsection 2., and § 27-404, Subsection 4., of this chapter, is to ensure that there may be at least one single-family detached dwelling associated with the agricultural reserve, in addition to any pre-existing dwellings or permitted conversion of agricultural structures. It is left to the landowner to determine in accordance with § 27-404 whether the farmstead lot consists of a separate maximum 2.0-acre subdivided lot containing no more than 1.5 acres of prime agricultural land, a lot of 10 or more acres, or instead is combined with the agricultural reserve in its entirety.
Federal Communications Commission.
An accessory wall or structure composed of wood, iron, steel,
vinyl, brick, stone, decorative block, concrete block and/or other
similar materials, 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."
A type of illumination comprised of either: a) a group of
incandescent light bulbs hung or strung overhead or on a building
or other structure, or b) light bulbs not shaded or hooded or otherwise
screened to prevent direct rays of light from shining on adjacent
properties or rights-of-way.
Any act by which earth, sand, gravel, rock or any other material,
including sludge, 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.
Any image or sign printed or painted on cloth, plastic, canvas,
or other like material with distinctive colors, patterns, or symbols
attached to a pole or staff and anchored along only one edge or supported
or anchored at only two corners.
See "lot, flag."
A flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flagpole shall not include a standard
antenna support structure, a commercial communications antenna support
structure, tower, antenna or any other structure designed, intended
or capable of supporting any other use or purpose.
See "indoor or outdoor farmers market or flea market."
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the Township.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
As referred to in Part 11, Floodplain Area Regulations, the
floodplain administrator, whose duties shall include the administering
and enforcement of Part 11, shall be appointed by the Board of Supervisors
from time to time. In the absence of a designated floodplain administrator,
the floodplain administrator duties are to be fulfilled by the chairperson
of the Board of Supervisors.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
See "gross floor area."
The floor area within exterior walls designed for year round
human occupancy, excluding such spaces as garages, accessory buildings,
basements, attics, patios and porches, except where such spaces are
specifically finished for year round human occupancy.
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), stated in lumens per square
foot and measurable with an illuminance meter, a.k.a. light meter.
One footcandle or one foot-lambert is equal to one lumen per square
foot.
See "woodland canopy."
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 haul roads, including
skid trails and logging roads, land areas, and the tree removal process;
and ensure site restoration.
See "professional forester."
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development. Forestry shall
be permitted in all zoning districts under provisions of § 107
and § 603(f) of the Pennsylvania Municipalities Planning
Code,[6] and in accordance with the provisions of Part 13 and notably § 27-1308, Timber Harvesting, of this chapter.
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.
The length of a front lot line coinciding with a street line.
Any materials such as but not limited to coal, wood, oil,
gas, etc., burned to supply heat or power.
A lighting fixture from which no light is emitted at or above
a horizontal plane drawn through the bottom of the fixture and no
more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane.
A principal use for the preparation and viewing of the dead
prior to burial or cremation. Funeral homes shall not include cemeteries,
columbaria, mausoleums, or entombments but may include mortuaries
and crematoria. Disposal or incineration of medical waste including
human body parts shall not be considered cremation and shall not be
permitted at a funeral home or funeral parlor.
A building or part thereof used for the storage or parking
of one or more vehicles.
A garage for the convenience of the general public in which
no servicing, repairs, washing or reconditioning of motor vehicles
is carried on.
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
Any garage other than a private garage or parking garage.
A public garage may include servicing, repairs, washing or reconditioning
of motor vehicles, and filling station facilities.
A freestanding, open-air structure constructed for the purpose
of shielding service station islands from the elements.
An energy generating system that uses the Earth's thermal
properties, in conjunction with electricity, to provide for the heating
and cooling of buildings.
Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted, to cause
annoyance or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
An organized, unlighted playing area containing a minimum
of nine holes, constructed according to PGA and USGA standards and
excluding miniature golf courses and driving ranges.
GRADE (noun)A slope, usually of a road, channel or natural ground specified in percent and shown on plans as specified herein.
TO GRADE (verb)1) To finish the surface of a roadbed, top of embankment or bottom of excavation; 2) To change the surface of the ground by excavation or fill or a combination thereof; the act of moving earth.
"To grade" as defined above.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
or humidity can be regulated for the cultivation of delicate or out-of-season
plants.
A greenhouse occupied for growing large numbers of flowers
and plants and having general public access for the purposes of viewing
and purchasing the various products and/or for the purpose of growing
flowers and plants on a production basis or for research without public
access.
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 licensed community-based living arrangement functioning
as a single household meeting the definition of "family" in a single-family
detached dwelling only, and providing residential services to persons
who, due to age, disability or handicap, are not able to live without
professional care or supervision. Group homes shall be permitted wherever
single-family detached dwellings are permitted. Group homes shall
not include alcoholism or drug treatment centers, work release facilities
for convicts or ex-convicts, or other housing facilities serving as
an alternative to incarceration (See also "transitional Housing").
Roads that are planned, designed, located, constructed, utilized
and maintained for the duration of logging or timber harvesting operations
or mining or excavation activities, for the transportation of equipment,
fuel, personnel, noncoal and other operating resources, to and from
a public highway or common use road.
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 i) designated as a "hazardous substance"
pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317;
ii) defined as a "hazardous waste" pursuant to § 1004 of
the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901
et seq. (42 U.S.C. § 6903); or iii) defined as a "hazardous
substance" pursuant to § 101 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq. (42 U.S.C. § 9601).
A member of the Zoning Hearing Board who has been appointed
by the Zoning Hearing Board to conduct a hearing.
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.
An area of land, water or a structural surface which is designed,
used or intended to be used for the landing and take-off of helicopters,
and any appurtenant areas which are designed to be used for helicopter
support facilities such as maintenance, refueling and parking.
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.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
the highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register; or
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
A use that exceeds the standards for a "no-impact home-based business," is conducted entirely within a dwelling or in a building accessory thereto, that is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and that would be compatible with the residential character of an area. A home occupation may also include a use that is administered out of the dwelling unit. See requirements in § 27-1518.
A nonprofit organization of homeowners or property owners,
planned and operated pursuant to the Pennsylvania Uniform Planned
Community Act (68 Pa.C.S.A. §§ 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.
The cultivation of fruit, vegetable, flower, or ornamental
plants. A form of agriculture.
A use that involves the diagnosis, treatment or other medical
care of humans that includes care requiring stays overnight and that
may also include outpatient care. A medical care use that does not
involve stays overnight shall be considered a "medical office or clinic."
A hospital may involve care and rehabilitation for medical, dental
or mental health, but shall not include housing of the criminally
insane nor primarily involve housing or treatment of persons actively
charged with or serving a sentence after being convicted of a felony.
A hospital may also involve medical research and training for health
care professions.
A building or part thereof which has a common entrance and
general or common dining room, and which contains six or more living
and sleeping rooms designed to be occupied by individuals or groups
of individuals for compensation or contribution.
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).
This term is an umbrella term that includes all of the areas within which the Township has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, and includes any additional areas identified in § 27-1106 of this chapter.
Illuminating Engineering Society of North America.
Quantity of light, measured in footcandles.
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,
sub-base, 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, anti-seep collars,
rip-rap 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,
street lights, 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.
Any device which can be used for the burning of combustible
organic or inorganic waste.
A market regardless of number of vendors, whether indoor
or outdoor or as a temporary, seasonal, or permanent establishment
within a permanent structure or structures or within a defined open
area of booths and portable enclosures, defined as temporary structures.
Such market shall be specifically designed and intended for display
and retail sale of new or used merchandise, including "home-grown"
or "home-made" food, flowers, plants, and non-alcoholic beverages,
clothing, crafts, dry goods, holiday decorations including Christmas
trees, and alcoholic beverages, where permitted. This term does not
include "Roadside Stands" where permitted as an accessory agricultural
use, or the outside display of merchandise as an incidental part of
other permitted indoor retail uses or merchandise sold at and incidental
to "temporary events," as defined herein.
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.
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).
The "Institute of Transportation Engineers," an international
membership association of transportation professionals, including
transportation engineers, transportation planners, consultants, educators,
technologists, and researchers who develop technical resources including
standards and recommended transportation practices and public awareness
programs.
Any discarded material or article, including, but not limited
to, construction debris, scrap metal, scrapped, abandoned or junked
motor vehicles, machinery, equipment, paper, glass, tires, containers
and structures. It shall not include, however, refuse or garbage kept
in a proper container for the purpose of prompt disposal or recycling.
A motor vehicle, recreational vehicle, trailer or truck or
the chassis or body of such vehicle, that meets a minimum of two of
the three following conditions:
Does not display a license plate with a current state registration
sticker;
Does not have a valid state safety inspection sticker; and/or
Cannot be immediately operated on a public street. Also, any
motor vehicle that has been demolished beyond reasonable repair shall
be considered a junk vehicle.
A lot, land or structure, or part thereof, used for the collection,
storage, dismantling, processing and/or sale of any of the following
conditions:
Junk, scrap metal and/or discarded or salvaged material that
is not required by the state to be disposed of in a sanitary landfill
or other state-approved solid waste disposal facility. This shall
not include an approved recycling collection center;
One or more junk vehicles that are partly or fully visible from
an exterior lot line, dwelling and/or public street. This shall not
apply to such vehicles allowed to be stored within the specific requirements
of an auto repair garage or auto service station;
One or more boats that do not have current registration and
are not presently in a seaworthy condition; or
One or more mobile or manufactured homes that are not in a habitable
condition. Junk stored within a completely enclosed building shall
be considered a warehouse and shall meet the requirements of that
use.
An establishment equipped with pens, yards, runways or other
appurtenances specifically designed or intended for the breeding,
boarding, training or grooming of household pets for compensation,
or the maintenance of four or more dogs that are more than six months
old on a single lot or contiguous lots under single ownership or lease.
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.
A sketch, preliminary or final plan, submitted pursuant to
the requirements of the Subdivision and Land Development Ordinance[9] of Lower Mount Bethel Township 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 this chapter.
A type of "solid waste disposal area" involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the Pennsylvania Department of Environmental
Protection, or other applicable regulatory agency.
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 or
she 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 groundcover 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 vertically mixed-use building, where the ground floor is
a retail or office use and the floor(s) above is a residential use,
provided that no more than one residential unit may be provided for
each work unit within the same building.
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 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 minimum area of lot or tract formed by property lines
or lease lines required by the Township Zoning Ordinance for any specified
use.
The percentage or ratio of the lot area that is fully covered
by impervious surfaces.
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.
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.
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 the one side lot line and the opposite lot line.
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 lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the minor street.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
the lowest floor of the lowest fully enclosed area (including basement).
An unfinished, flood-resistant partially enclosed area, used solely
for the parking of vehicles, building access, and incidental storage,
in an area other than a basement area is not considered the lowest
floor of a building, provided that such space is not designed and
built so that the structure is in violation of the applicable non-elevation
design requirements of this chapter.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).
Germinated grain, including, but not limited to, barley,
wheat, and rye.
An agricultural use that produces malt and malt products
such as food and beverages that contain malt.
A designated area on an agricultural property of at least
50 acres in size for the retail sale and consumption of malt and malt
products, where permitted pursuant to this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days. A "mobile home" shall be considered a "manufactured home."
A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale for manufactured homes or mobile homes in accordance with Part 19 of this chapter. Individual manufactured homes or mobile homes may be erected on individual single-family lots and, in such cases, shall not be considered a manufactured home park or mobile home park.
A facility designed to use anaerobic digestion processes
to convert livestock and poultry manure into biogas, which is generally
burned on-site to produce electricity, heat, and water, as well as
to manage livestock and poultry manure. Manure digesters may include
"co-digestion" in which the livestock and poultry manure may be mixed
with other organic materials. Types of manure digesters include covered
anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
The performance of manipulative exercises on a human body
by another person that involves the hands and/or a mechanical device.
An establishment that meets all of the following criteria:
Lawful massages are performed for a fee on one person by one
or more other persons.
The person conducting the massage is not licensed as a health
care professional or licensed massage therapist by the state.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club.
Marijuana for certified medical use as legally permitted
by the Commonwealth and the provisions of the Medical Marijuana Act.[10]
A retail use which holds a current and valid permit issued
by the Department of Health ("DOH") of the Commonwealth to dispense
medical marijuana pursuant to the provisions of the Medical Marijuana
Act.[11]
A use operated in accordance with a current and valid permit
from the DOH to grow and/or process medical marijuana in the Commonwealth,
pursuant to the provisions of the Medical Marijuana Act.[12]
A building or portion thereof used exclusively by physicians
and dentists for treatment and examination of patients, provided that
no overnight patients shall be kept on the premises.
A building, structure, lot or land area used as a private
club or social organization not conducted for profit or gain.
Panels with rotors with diameter one foot or less, meant
for areas with low-to-moderate wind speeds.
Includes all activity which removes from the surface or beneath
the surface of the land mineral resources by means of mechanical excavation
including pumping. "Mineral extraction" includes, but is not limited
to, the excavation necessary to the extraction of oil or natural gas,
sand, gravel, topsoil, limestone, sandstone, coal, clay, shale and
iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
the replacement of existing work with equivalent materials for the
purpose of its routine maintenance and upkeep, but not including the
cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
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.
A concrete pad for the purpose of supporting a mobile home.
See "manufactured home park or mobile home park."
A WCF tower which consists of a single pole structure without
any guy wires, designed and erected on the ground or on top of a structure,
to support communications antennas and connect appurtenances.
A stone or concrete monument with a flat top at least four
inches across and at least 36 inches in length.
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units with
direct outside access, designed primarily for transient automobile
travelers, and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts, and other similar appellations, but shall not
be considered to include mobile homes or travel trailers.
A vehicle which is motor driven or drawn including without
limitation, automobiles, trucks, vans, trailers, motorcycles, tractors,
all-terrain vehicles, recreational vehicles, and boats.
Any two or more principal uses on a single lot or parcel
otherwise permitted by-right, by special exception, or by conditional
use.
Any building, structure, facility, complex, area, or use,
provided, constructed, or maintained by the municipal government of
Lower Mount Bethel Township, Northampton County, Pennsylvania.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[13]
See "cultural or historical facilities."
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 plant 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.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
structures for which the start of construction commenced on or after
June 2, 2014, and includes any subsequent improvements to such structures.
Any construction started after March 1, 1977, and before June 2, 2014,
is subject to the ordinance in effect at the time the permit was issued,
provided the start of construction was within 180 days of permit issuance.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) was completed on or after June 2, 2014.
As it applies to the brightness of lighted display on any digital display sign pursuant to § 27-1413, a "nit" is a measurement of the amount of light output equal to one candela per square meter (cd/m2 - a standardized measurement of luminous intensity).
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use of a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses;
The business shall employ no employees other than family members
residing in the dwelling;
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature;
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights; and
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical interference,
including interference with radio or television reception, which is
detectable in the neighborhood.
Any lighting fixture or ancillary equipment or structure, light output or lighting level, or result of lighting (e.g., glare) lawfully existing at the effective date of this chapter or any amendment(s) thereto that does not conform to the regulations set forth in § 27-1417.
A lot or site which does not comply with the applicable dimensional
regulations, including, but not limited to, those related to site
area, lot area, and lot width, in this chapter or amendments hereafter
enacted where such lot was lawfully in existence prior to effective
date of this chapter or any amendment(s) thereto.
Any currently maintained sign lawfully existing at the time
of the passage of this chapter, or any amendment(s) thereto, that
does not conform in use, location, height, or size to the regulations
of this chapter.
A structure or part of a structure which does not comply
with the applicable dimensional regulations, including, but not limited
to, those relating to density, impervious surfaces, building coverage,
building height, and setbacks in this chapter or amendments hereafter
enacted where such structure was lawfully in existence prior to the
effective date of this chapter or any amendment(s) thereto. Such structures
include, but are not limited to, buildings, fences, signs, and swimming
pools.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such Ordinance or amendment. Any use which
is permitted by grant of variance or approval of a conditional use
or special exception under the terms of this chapter (other than a
change through Zoning Hearing Board action from one nonconforming
use to another nonconforming use) shall not be deemed a nonconformity,
but shall without further action be considered a conforming use, subject
to any conditions which may have been imposed at the time such use
was permitted.
Any organization, including a corporation, partnership, or
group of individuals and any community chest, fund, or foundation,
organized and operated exclusively for religious, charitable, scientific,
testing for public safety, literary, or educational purposes, or to
foster amateur sports competition, or for the prevention of cruelty
to children or animals, a civic league or organization operated exclusively
for the promotion of social welfare, a labor, agricultural, or horticultural
organization, a club or organization for pleasure, recreation or other
nonprofit purposes, a business league, chamber of commerce, real estate
board, or board of trade, or volunteer fire company, no part of the
net earnings of which inures to the benefit of any private shareholder
or individual, no substantial part of the activities of which is carrying
on propaganda. The organization must be exempt from federal income
tax or fail in such exemption because part of its activities involves
the provision of athletic facilities or equipment.
Land or greenhouses used to raise flowers, shrubs, trees,
and/or other plants for commercial purposes.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of four or more persons. Staff or service
providers who provide services to the residents in the nursing or
convalescent home shall meet applicable professional licensure requirements.
A stall or berth which is arranged and intended for parking
of one truck for the purposes of loading or unloading cargo.
An area undergoing natural succession characterized by the
presence of herbs, shrubs, and small trees (seedlings) whose branches
do not form a complete or nearly complete aerial canopy.
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 type of geothermal heating and/or cooling system that utilizes
a water-supply, well, or other source, and a pump to deliver groundwater
to a heat exchanger. The discharge water from the heat exchanger may
be returned to the subsurface through a recharge well or infiltration
bed, or may be discharged into a pond, lake, or stream.
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.
As it applies to subdivision of tracts of 12 acres or greater within the AP - Agricultural Preservation District, the tract of land as that tract existed as of August 7, 2010, and as further clarified by § 27-404, Subsection 1.A. of this chapter.
The temporary and seasonal establishment within a defined
open area of booths and portable enclosures, defined as temporary
structures, specifically designed and intended for display and retail
sale of "home-grown" or "home-made" food, flowers, plants, non-alcoholic
beverages, clothing, crafts, dry goods, holiday decorations, alcoholic
beverages where permitted and other merchandise offered to local residents.
Any land area or structures used for recreational use and
associated facilities designed and equipped for the conduct of sports
and leisure time activities, including golf or golf range, swimming,
tennis and other court games, baseball and other field sports, playground,
and other outdoor activities, but excluding campground operated on
a fee basis which is separately regulated, and excluding amusement
parks; go-carts, dirt bikes, ATVs, or motor-cross tracks; and other
activities which generate noise objectionable to a residential environment.
A structure designed to control the volume of stormwater
runoff that passes through it during a specified length of time.
See "landowner."
Pennsylvania Department of Environmental Protection.
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 lot or part thereof used for the storage or parking of
motor vehicles, with valid state registration.
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.
Any leisure time activity not considered active (e.g., walking,
picnicking, bird watching, fishing).
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 the
Subdivision and Land Development Ordinance of Lower Mount Bethel Township,[14] and with any conditions of approval imposed by the Township,
to define property rights, proposed roads and other improvements.
A subdivision and/or land development plan presented to the
Lower Mount Bethel Township Planning Commission and Board of Supervisors
pursuant to the requirements of the Subdivision and Land Development
Ordinance of Lower Mount Bethel Township,[15] 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.
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 pursuant to the requirements of the Subdivision
and Land Development Ordinance of Lower Mount Bethel Township,[16] 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.
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.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
is a structure for which construction or substantial improvement occurred
after December 31, 1974 or on or after the Township's initial
Flood Insurance Rate Map (FIRM) dated March 1, 1977, whichever is
later, and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
is a structure for which construction or substantial improvement occurred
on or before December 31, 1974, or before the Township's initial
Flood Insurance Rate Map (FIRM) dated March 1, 1977, whichever is
later, and, as such, would not be required to be compliant with the
regulations of the National Flood Insurance Program.
A separate lot, tax parcel, tract, or plot of land together
with the buildings and structures thereon. Premises may include more
than one occupant on a lot or parcel, such as an office building or
commercial center.
That land which contains Class I, Class II or Class III soils
as defined by the Soil Survey of Northampton County. It is intended
that prime agricultural land shall include all land which contains
such Class I, II or III soils as previously set forth, even if such
land is not then actively being used for agricultural purposes, as
long as such land has not already been developed for another purpose
and is therefore potentially available for agricultural use at some
future time.
A target shooting range on a private property in the I or
AP Districts, where permitted by conditional use approval, and which
involves shooting at a properly constructed target or mark or a dead
tree protected by a natural or artificial barrier so that the ball,
bullet or arrow cannot travel more than 15 yards beyond the target
aimed at, after making due allowance for deflection in any direction
not to exceed an angle of 45°. Such target shooting shall only
be lawful when it is done: upon property owned by the shooter or by
a guest of the property owner; and within 200 yards of the principal
use where the person shooting is quartered or is an invited guest
or visitor; and subject to all applicable state or federal law.
See "street, private."
As used in this chapter, "professional forester" means a
person who, by reason of his or her knowledge of the natural sciences,
mathematics, and the principles of forestry, acquired by forestry
education and experience, performs services, including, but not limited
to, consultation, investigation, evaluation, planning or responsible
supervision of forestry activities when those professional services
require the application of forestry principles and techniques.
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.[17]
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.[18]
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.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or a public utility.
A street dedicated, accepted, and maintained by Lower Mount
Bethel Township or another municipality, county, or state for public
use.
Any building, structure, facility, complex, or area used
by the general public or which provides a service to the public, whether
constructed by a state, county, or municipal government agency, or
any private individual, partnership, association, or corporation.
See "water supply."
The complete removal of an entire building or structure so
as to leave no part of the building or structure standing.
All land whether publicly or privately owned, whether improved
or not improved, with or without structures.
Any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
A place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual passive, active,
indoor or outdoor recreational activities.
Any motorized or non-motorized vehicle that combines transportation
and temporary living quarters for travel, recreation or camping, excluding
mobile homes and off-road vehicles. A motorized recreational vehicle
includes a motorhome built on a truck or bus chassis or a van chassis
or a motorized boat with a cabin. A non-motorized recreational vehicle
means a towable recreational vehicle, combining transportation and
temporary living quarters for travel, recreation or camping, that
can be unhitched. Examples include conventional travel trailers, fifth-wheel
travel trailers, travel trailers with expandable ends, folding camping
trailers, and sport utility trailers. Pickup camper shells that have
been removed from the vehicle and stored are considered non-motorized
recreational vehicles.
A use for collection of common household materials for recycling,
but that does not involve processing or recycling other than sorting
and weighing of materials. "Recycling facilities" shall not include
transfer of solid waste other than recyclable materials.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
A place for religious gatherings and presentations, study
or worship, which shall be regulated as a church or other place of
worship where not including overnight accommodations for non-residents
of the facility. Overnight accommodations for non-residents of the
facility shall be regulated as a hotel or campground, as appropriate.
An energy system which makes use of recurring natural resources
or by-products to produce energy while minimizing consumption of non-renewable
resources and avoiding significant disturbance to natural systems.
Renewable energy systems include, but are not limited to: geothermal,
solar, and wind energy systems; as well as manure digesters and outdoor
wood-fired boilers (OWBs). Such systems are usually independent of
the primary utility supplied energy system but may be connected thereto.
An arrangement whereby one or more persons obtain permission
to occupy a property or portion thereof (rental unit), regardless
of whether compensation or other consideration is passed by a transient
visitor or other renting party to the owner or an agent of the owner.
An individual space offered for rent or lease within a motel,
hotel, rooming house, bed-and-breakfast, short-term lodging facility,
institutional home, dormitory, or in a professional or commercial
office building.
Any or all work involving the replacement of existing construction,
work, or features with the same or similar replacement material for
the purpose of maintenance and upkeep only, but not including any
addition, removal, change, or modification in any construction or
existing features.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
flood-related damages sustained by a structure on two separate occasions
during a ten-year period for which the cost of repairs at the time
of each such flood event, on average, equals or exceeds 25% of the
market value of the structure before the damages occurred.
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.
An establishment engaged in conducting research and experimental
development or analytical testing services in the physical, engineering,
and life sciences, such as agriculture, electronics, environmental
biology, biotechnology, botany computers, chemistry, food, fisheries,
forests, geology, health, mathematics, medicine, oceanography, pharmacy,
physics, veterinary and other related subjects. Testing services may
occur in a laboratory or on-site.
An establishment that serves ready-to-consume food or drink
for compensation in which the majority of the customers order their
food, while seated, from a waiter or waitress and then the food is
delivered to their table. A restaurant may provide for incidental
carry-out service. A restaurant may include the accessory sale of
alcoholic beverages; however, if such sale is a primary or majority
portion of the total trade, the establishment shall be considered
a tavern.
An establishment that serves ready-to-consume food or drink
for compensation, generally packaged in wrappers and/or disposable
plates and containers. Such food may be consumed off-site or on-site,
for the most part without waiter or waitress service.
Any or all work connected with the returning to or restoring
of a building or a part of any building to its original condition
through the use of original or nearly original materials.
A use in which merchandise is sold or rented to the general
public, but not including the following: sale of ammunition or ammunition
reloading facilities, sales of motor vehicles or boats, sale of fireworks,
sale of building materials, adult commercial use, manufacturing, tavern,
car wash, auto service station, automobile or machinery repair, convenience
store or restaurant, except where otherwise specifically permitted.
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, the Lower Mount Bethel Township Subdivision and Land
Development Ordinance,[19] and other pertinent requirements.
The surface of and space above and below any 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 term "right-of-way" shall include
existing rights-of-way and any future or ultimate rights-of-way.
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."
An accessory agricultural use for the display and sale of farm products produced locally, pursuant to § 27-1526 of this chapter.
A residential use in which individual room(s) that do not
meet the definition of a dwelling unit are rented for habitation and
that is not a hotel, motel, retirement community, bed-and-breakfast,
group home, transitional housing or nursing home. A college fraternity
or sorority house shall be considered a type of boardinghouse. A boardinghouse
may either involve or not involve the providing of meals to residents.
See "landfill or sanitary landfill."
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 line denoting the minimum requirements for front yard,
side yard, and rear yard of a lot.
Any substance that contains any waste products or excrementatious
matter or other discharge from the bodies of human beings and laundry,
bathroom, and kitchen waste water.
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.
OFF-SITE 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(s) or generally larger areas within a municipality(s).
See "sludge or sewage sludge."
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.
See "private shooting range."
The occupancy of a dwelling unit or portion thereof for temporary rental occupancy by transient visitors pursuant to § 27-1527 of this chapter.
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."
Any device, structure, fixture, painting, emblem, or visual
that uses words, graphics, colors, illumination, symbols, numbers,
or letters for the purpose of communicating a message. Sign includes
the sign faces as well as any sign supporting structure. Signs do
not include pennants, strings, or streamers, or holiday or seasonal
decorations. Signs include but are not limited to the following:
ABANDONED SIGNA sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days.
ADDRESS SIGNA sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service.
AWNING SIGNAny sign painted on, or applied to, an awning.
BALLOON SIGNA lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.
CANOPY SIGNAny sign that is part of, or attached to a canopy.
DIGITAL DISPLAY SIGNA sign with electronically illuminated text and or images, whether static or moving or changing over time, and subject to the provisions of Part 14, § 27-1413, Subsection 5F.
DIRECTIONAL SIGNSigns designed to provide direction to pedestrian and vehicular traffic into and out of, or within a site.
FLASHING SIGNA sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.
FREESTANDING SIGNA sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:
MONUMENT SIGNA sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.
POLE SIGNA freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
ILLUMINATED SIGNA sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
INTERACTIVE SIGNAn electronic or animated sign or digital display sign that reacts to the behavior or electronic signals of motor vehicle drivers.
MEMORIAL SIGNA memorial plaque or tablet, including grave markers or other remembrances of persons or events, which is not used for a commercial message.
OFF-PREMISES SIGNAn outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located.
OFFICIAL TRAFFIC SIGNOfficial highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.
ON-PREMISES SIGNA sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.
PERMANENT SIGNA sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
PERSONAL EXPRESSION SIGNAn on-premises sign that expresses an opinion, interest, position, or other noncommercial message.
PRIVATE DRIVE SIGNA sign indicating a street or drive which is not publicly owned and maintained and used only for access by the occupants of the development and their guests.
PROJECTING SIGNA building-mounted, double-sided sign with the two faces generally perpendicular to the building wall, not to include signs located on a canopy, awning, or marquee.
PUBLIC SIGNA sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.
ROOF SIGNA building-mounted sign erected upon, against, or over the roof of a building.
SECURITY SIGNAn on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign. (Also known as a "warning sign.")
WALL SIGNA building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign.
WINDOW SIGNAny sign that is applied, painted, or affixed to a window, or placed inside a window, within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.
The part of the sign that is or can be used for the sign
area. The sign area could be smaller than the sign face.
The vertical dimension of a sign including the sign itself
and any support structure measured from the distance from the average
existing ground elevation at the base of, or immediately below the
sign, to the highest point of the sign or its support structure whichever
is higher.
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into two or more lots.
Measures taken following completion of land disturbance activities
which will stabilize the land surface and minimize possible erosion
or sedimentation.
See "WCF site."
The percentage of the change in vertical distance (rise)
over the horizontal distance (run), as measured between consecutive
contour lines expressed as a percentage.
The treated, conditioned, digested, accumulated and settled
solids deposited as a result of sewage treatment processes that occur
within the requirements of a state or federal environmental pollution
permit. This shall only include substances adequately stabilized so
that they are suitable for land application.
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 Soil Survey of Northampton County as published by the
United States Department of Agricultural, Natural Resources and Conservation
Service.
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat air,
water, or other fluids for use in hot water or space heating, or other
applications.
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user, or which
is to be sold to a utility company to be used by others, or sold directly
to other users. Particular types of solar energy systems include,
but are not limited to:
PHOTOVOLTAIC (PV) COLLECTORSWhich convert solar energy into electricity;
SOLAR THERMAL COLLECTORS, which are designed to use solar energy
to heat air, water, or other fluids for use in hot water or space
heating, or other applications.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household, commercial or mining
activities, but not including substances that are legally accepted
and disposed of into the air or water through a federal pollution
discharge permit.
For the purposes of this chapter, the following wholly natural
and biodegradable materials shall not be considered to be solid waste
unless the materials are disposed of in such a way that a hazard is
created to the public health and safety: portions of trees or shrubs,
leaves, mulch, grass clippings, rocks, brick, cinder block and concrete.
Where consistent with PA DEP standards, these materials shall be defined
as "clean fill." Brick, cinder block and concrete may, however, meet
the definition of "junk," if not properly disposed or stored.
For the purposes of this chapter, customary residual wastes
from an approved mineral extraction use shall not be considered to
be solid waste.
Land or structures where solid waste is processed, incinerated
or disposed of. This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer station, solid waste sorting and/or recycling
center or solid waste-to-energy incinerator.
The following uses for the purposes of this chapter shall not
be considered to be a solid waste disposal facility: junk yard, recycling
collection center, leaf composting, clean fill or septage or sludge
application.
A principal or accessory commercial venue for periodic or
recurring events of a private nature, including, but not limited to,
weddings, barn weddings, other parties and celebrations, conferences
and meetings conforming to the criteria set forth in Part 15 on an
agricultural, residential, institutional or municipal property of
a minimum of 20 acres. Such events do not include fireworks displays
or activities otherwise regulated under this Zoning Ordinance as "accessory
agricultural commercial uses or agritourism" or "temporary event."
However, for any applicable activity, the provisions of the PA Agritourism
Activity Protection Act of 2021[20] shall apply.
An area in the "floodplain area" subject to a 1% or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
a special approval which is required for hospitals, nursing homes,
jails, and new manufactured home parks/subdivisions and substantial
improvements to such existing parks, when such development is located
in all, or a designated portion of a floodplain.
The landowner, person, group, corporation or other entity
responsible for organizing an event at a "special event venue," any
"accessory agricultural commercial uses or agritourism," or a "temporary
event" as regulated herein.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a furnace or other fuel-burning device,
especially that part of a structure extending above a roof.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the floodplain administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
Those areas of land where the grade is 15% or greater. Steep
slopes are divided into two categories:
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 25%.
VERY STEEP SLOPESThose areas of land where the grade is greater than 25%.
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.
The keeping of new or used products, merchandise, materials,
equipment or vehicles for a continuous period greater than 30 days.
Excluded from this definition are the following:
The keeping of goods or materials for present or future use
in an area unprotected from the elements.
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 human-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 applicable Township ordinances.
A watercourse.
Includes thoroughfare, avenue, boulevard, court, drive, expressway,
highway, lane, service street, and road or similar terms.
The side or sides of a lot abutting on a public street or
right-of-way.
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 human-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,
antennae, porches, platforms, tennis courts, swimming pools, tanks,
and towers, and similar items.
"PF Overlayto the "PF Overlay - Floodplain Area Regulations," a "Structure" shall mean any walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home; anything constructed or erected on the ground or attached to the ground.
See "accessory use or structure."
See "temporary structure."
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.[21]
A sketch, preliminary or final plan, submitted pursuant to
the requirements of the Subdivision and Land Development Ordinance
of Lower Mount Bethel Township,[22] showing the provisions 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.
As it applies to the "FP Overlay — Floodplain Area
Regulations," damage from any cause sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition
would equal or exceed 50% or more of the market value of the structure
before the damage occurred.
As it applies to the "PF Overlay - Floodplain Area Regulations,"
any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
this term includes structures which have incurred "substantial damage"
or "repetitive loss" regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to ensure safe living conditions.
The Board of Township Supervisors of Lower Mount Bethel Township,
Northampton County, Pennsylvania.
Those services which can or must be provided by the Township
to ensure that an event is conducted in such a manner as to protect
the rights, safety, health, property and general welfare of its citizens.
This includes but is not limited to police and fire response and/or
other security services.
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.
Any constructed body of water or structure to contain water
and any accessory equipment pertaining thereto, used or intended to
be used for swimming or bathing by any family or persons residing
on the premises and their guests. Such noncommercial swimming pool
shall not be operated for gain; and shall be located on a lot only
as an accessory use to the dwelling or dwellings, hotel, motel, or
membership club thereon.
A drinking establishment where the sale and consumption of
alcoholic beverages is a principal use, with or without a restaurant.
A preplanned public or private use, activity or event, whether
commercial or nonprofit that, because of its nature, interest, location,
promotion or any combination of similar influences, is expected to
draw more than 150 persons to a specific place on a specific day or
at a specific time, which is not anticipated in the base zoning district
and does not meet the standards or limitations for "accessory agricultural
commercial uses or agritourism" or "special event venue," and which
occurs no more than four times per year at the same location or under
the same sponsorship, with a duration of not more than 10 days per
event. "Temporary event" shall include, but not be limited to, races,
festivals, celebrations, shows, concerts, fireworks displays, or similar
activities generally considered to be recreational in nature. This
term shall not include Township-sponsored events or events permitted
by the Township on municipal property, or the normal operations or
regularly occurring activities or affairs of any duly established
municipal, recreational or religious organization or institutions
located in the Township. This term also shall not include uses or
activities regulated as an "indoor or outdoor farmers market or flea
market," or "roadside stand." However, for any applicable activity,
the provisions of the PA Agritourism Activity Protection Act of 2021
shall apply.[23]
A structure without foundation or footings, permitted pursuant to § 27-1530 of this chapter, and which shall be removed when the time period designated in the applicable permit has ended, or when the activity or use for which the temporary structure was erected has ceased, whichever is sooner. Temporary structures may include but shall not be limited to tents or trailers, canopies, and the like. Temporary structures shall comply with all applicable regulations in the subject zoning district and shall conform to the provisions of § 27-1530 of this chapter. Temporary structures that are part of or accessory to a "temporary event," "agribusiness," "special event venue," or "roadside stand" are separately regulated pursuant to the specific standards set forth in Part 15.
Any use undertaken or operated on a less than permanent basis and permitted pursuant to § 27-1530 of this chapter. Temporary uses shall comply with all applicable regulations in the subject zoning district and shall conform to the provisions of § 27-1530 of this chapter. Temporary uses that are part of or accessory to a "temporary event," "agribusiness," "special event venue," or "roadside stand" are separately regulated pursuant to the specific standards set forth in Part 15.
A use involving a large variety of materials, potentially
including materials owned by numerous corporations, being transported
to a site to be unloaded, stored for any length of time, and reloaded
whether from or to smaller trucks or tractor-trailer trucks, and may
or may not involve significant on-site repackaging or processing,
but does not involve wholesale sales directly to retail uses as more
than 50% of its business volume by value.
A building or part of a building devoted to the showing of
moving pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats. An outdoor drive-in theater operating as an adult
movie theater shall be regulated as an "adult commercial use."
Timber harvesting is permitted in all districts to encourage maintenance and management of woodlands and promote the conduct of forestry as a sound and economically viable use of woodlands. The provisions of § 27-1308 shall apply to all timber harvesting operations where the value of the trees, logs, or other timber products removed exceeds $1,000 or where any timber harvesting operation(s) on the same property exceed(s) one acre in a three-year time frame or less, commencing with the initial notification pursuant to § 27-1308, Subsection 1.B., but not prior to enactment of this definition. The removal or cutting of trees for the personal use of the landowner, for pre-commercial timber stand improvement, where pursuant to an approved subdivision or land development plan, for the removal of dead or diseased trees, or invasive alien species, and the cutting of trees as part of a Christmas tree farming operation shall not be considered timber harvesting operations. Forestry, as defined by the Pennsylvania Municipalities Planning Code, as amended,[24] shall be considered timber harvesting.
A plan submitted in conformance with the provisions set forth in § 27-1308 which describes by means of text and maps proposed actions involving any applicable timber harvesting operation.
The organically enriched layer of soil nearest the soil surface,
containing a large part of the nutrient and water supplies to support
plant growth, extending in depth to the extent of the majority of
plant roots.
See "WCF tower."
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, but not limited
to, any residential development, shopping center, office park, industrial
park, mixed-use development or a mobile home park.
The total amount of land formed by property lines.
The tract area.
A travel way containing a marked or beaten path, either paved
or unpaved, for pedestrians, equestrian or bicycle use.
An occupant of a dwelling unit or sleeping unit for not more
than 30 consecutive days, unless occupant is related to the owner
as married spouse, parent or child, grandparent or grandchild, or
brother or sister.
A use (other than a prison or a permitted accessory use in a "hospital") providing housing facilities for persons who need specialized housing, treatment and/or counseling in a single-family dwelling, pursuant to § 27-1532 of this chapter, and because of:
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol;
Addiction to alcohol or a controlled substance; or
A type of mental illness, criminal history or other behavior
that has caused or could reasonably be expected to cause a person
to be a threat to the physical safety of others.
A vehicular portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation, vacation, and other
short-term uses having a body width not exceeding eight feet and a
body length not exceeding 32 feet.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. The UCC includes the International Residential
Code (IRC) and the International Building Code (IBC), adopted by reference,
and the construction standards applicable with construction in floodplain
areas.
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.
The certificate issued by the delegated authority pursuant to Part 17 of this chapter, which permits the use of a building in accordance with approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit.
See "accessory use or structure."
A use which is permitted in a zoning district without the
need for a special exception, variance, or conditional use permit.
See "temporary use."
See "public services facilities."
See "wind energy system."
A building or portion thereof used exclusively by veterinarians
for treatment and examination of animals or consultation with their
owners. Where no overnight domicile of animals or outdoor runs are
included on the premises, this use shall be permitted and regulated
as a medical office or clinic. Where animals are housed overnight
or outdoor runs are located on the premises, the use shall be permitted
and regulated as an "animal hospital."
As it applies to Part 11, Floodplain Area Regulations, "violation"
means the failure of a structure or other development to be fully
compliant with the Township's Floodplain Area Regulations, including,
but not limited to, a structure or other development without the elevation
certificate, other certifications, or other evidence of compliance
required pursuant to Part 11 and applicable state or federal law.
Any place designed or maintained for public pedestrian use,
without regard to ownership.
See "fence."
See "terminal, storage, warehouse, or transfer facility."
Water supply shall mean the following:
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 or generally larger areas within a municipality.
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 undergroundwater, or parts thereof, whether natural or
artificial within or on the boundaries of the Commonwealth of Pennsylvania.
See "wireless communications facility (WCF)."
An area surrounding or adjacent to a wireless support structure
within which base stations and/or accessory WCF equipment are located.
The property or portion thereof that is leased, owned, or
otherwise controlled by the wireless communications provider, which
includes within its boundary a WCF tower or other wireless support
structure, accessory WCF equipment, WCF equipment compound, any access
driveways, and other support structures.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any FCC licensed or
authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services (including,
without limitation, private, broadcast, and public safety services
as well as unlicensed wireless services (e.g., Wi-Fi) and fixed wireless
services). A building, water tower, electrical transmission tower,
utility pole, light pole, traffic signal pole, or any other similar
structure designed and constructed for a sole or primary purpose other
than supporting any FCC licensed or authorized antennas and their
associated facilities shall not be considered a WCF tower.
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.
A use in which merchandise sales or rentals primarily involve
direct sales to retail businesses and their agents and not to the
general public. Where more than 50% of the business volume by value
is related to receipt, storage and transfer of goods and not to direct
sales to retail uses, the establishment shall be considered and regulated
as a "terminal, storage, warehouse, or transfer facility."
An energy conversion system, typically consisting of a wind
turbine, a tower, blades and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
convert wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, and/or sold directly
to other users. Wind energy systems include windmills where the energy
is used directly and not converted into electricity.
The distance measured from the ground surface of the wind
energy system tower base to the highest point of the extended blade
tip or the highest point of the wind energy system.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad turbine, if any.
A building or property where wine is produced for commercial
purposes, which may include: the growing of grapes and other fruits
for wine production; an agricultural processing facility used for
the fermenting and processing of juice into wine and/or the refermenting
of still wine into sparkling wine; and bottling, corking and otherwise
readying wine for sale and shipping. A winery also may include a tasting
room; tours and on-site events, and/or a retail establishment to sell
wine and other related items.
Transmissions through the airwaves including, without limitation,
infrared line of sight, cellular, personal communication services
(PCS), microwave, satellite, or radio signals. A wireless communication
service provider shall not be considered a public utility for purposes
of this chapter.
At a WCF site, the set of equipment and network components,
including antennas, transmitters, receivers, base stations, cabling
and accessory WCF equipment, used to provide wireless data and telecommunications
services. A WCF shall also include a WCF tower, wireless support structure,
and WCF equipment compound. A WCF provider shall not be considered
a public utility for purposes of this chapter.
A freestanding structure, such as a monopole or other tower,
which could support the placement or installation of WCF if approved
by the Township. A provider that supplies a wireless support structure
shall not be considered a public utility for purposes of this chapter.
Equipment that facilitates transmission for any FCC licensed
or authorized wireless communications service (including, without
limitation equipment associated with wireless communications services).
A provider that supplies wireless transmission equipment shall not
be considered a public utility for purposes of this chapter.
A tree mass or plant community covering an area of one 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 dripline of all the trees in such plant
community. Woodland shall include any area of one acre or more 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 chapter. Woodlands do not include
tree farms, orchards or oldfields.
The aerial cover formed by the crowns of the trees in a woodland;
see "dripline."
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.
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 accessory use of any lot for the occasional and temporary
sale or auction of common household goods, crafts, furniture and items
of a closely similar character. Regularly scheduled indoor or outdoor
display and sales, monthly or more frequently, shall be considered
a retail use and shall be regulated as an "Indoor or outdoor farmers
market or flea market," except where permitted as an accessory agricultural
use, or as outside display of merchandise as an incidental part of
other permitted indoor retail uses or merchandise sold at and incidental
to temporary events, as defined herein.
See "district or zoning district."
The Lower Mount Bethel Township Zoning Hearing Board.
The official Zoning Map of Lower Mount Bethel Township, Northampton
County, Pennsylvania.
The duly appointed Township official designated to administer
and enforce the provisions of the Lower Mount Bethel Township Zoning
Ordinance.
A permit issued in compliance with the Lower Mount Bethel
Township Zoning Ordinance and any other applicable ordinances or regulations,
authorizing the use of a structure or lot or the conduct of any activity
that is regulated by Lower Mount Bethel Township.
The official request filed by any person with the Township
zoning officer that seeks authorization of the use of a structure
or lot or the conduct of any activity that is regulated by Lower Mount
Bethel Township.
[1]
Editor's Note: See 3 P.S. § 2601 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. §§ 10107 and 10603(f).
[7]
Editor's Note: See 53 P.S. § 10503(1.1).
[8]
Editor's Note: Of the Municipalities Planning Code, 53 P.S.
§ 10503(1.1).
[10]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[11]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[12]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[13]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor's Note: See 53 P.S. § 10101 et seq.
[20]
Editor's Note: See 3 P.S. § 2601 et seq.
[23]
Editor's Note: See 3 P.S. § 2601 et seq.
[24]
Editor's Note: See 53 P.S. § 10101 et seq.
[25]
Editor's Note: See 53 P.S. §§ 10601 through 10621.
[26]
Editor's Note: See 53 P.S. §§ 10601 through
10621, and §§ 10901 through 10918, respectively.
[27]
Editor's Note: See 53 P.S. §§ 10601 through
10621, and §§ 10901 through 10918, respectively.
