For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING LOTS. Two lots that are directly contiguous and/or are only separated from each other by a railroad or a creek. See also ADJACENT LOTS.
ACCESS DRIVE. A private minor vehicular right-of-way, other than a road/street or a driveway, providing access from a road/street to three or more principal buildings within one lot.
ADJACENT LOTS. Two lots that are abutting or that are only separated by a street.
ADMINISTRATOR. See PLANNING ADMINISTRATOR.
ALLEY. A right-of-way of less than 20 feet right-of-way width, privately or publicly owned, that primarily provides vehicular access to the rear of properties and does not serve through traffic.
APPLICANT. A landowner or developer, as defined in this section, who has filed an application for development including his or her heirs, successors and assigns.
AVERAGE DAILY TRAFFIC VOLUME. The total number of motor vehicles traveling on a road or street during an average weekday, other than a Friday, Saturday or Sunday.
BLOCK. An area of land, or a lot or group of lots, bounded by roads, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the township or by any combination of the above.
BOARD OF SUPERVISORS. The Board of Supervisors of Upper Milford Township.
BOUNDARY LINE ADJUSTMENT. Has the same meaning as LOT LINE ADJUSTMENT.
BUFFER YARD. The definition in the zoning ordinance shall apply (see § 155.051 of this code of ordinances).
CARTWAY. The paved portion of a street used for vehicular travel, exclusive of a paved or unpaved shoulder.
CLEAR SIGHT TRIANGLE. A triangular area required to be designed at road intersections to avoid the placement of certain types of sight obstructions. This triangular area is defined by lines along each road, connected by a third longer leg of the triangle.
COMMISSION. The Planning Commission of Upper Milford Township.
COMMON OPEN SPACE. The definition in the zoning ordinance shall apply (see § 155.051 of this code of ordinances).
COMMUNITY SEWER SYSTEM. A central sewage disposal system that serves a given area and is not publicly owned.
COMMUNITY WATER SYSTEM. A central water supply system that serves a given area and is not publicly owned.
CONDOMINIUM. A type of ownership arrangement, not a land use, wherein parts of a building typically are owned separately by persons, and other parts such as halls, stairs, parking areas and recreation areas are owned jointly by such persons. A CONDOMINIUM may be residential, commercial or industrial in nature. See also the definition in the State Uniform Condominium Act, 68 Pa.C.S. §§ 3101 et seq. and the definition of “unit” in the State Planned Communities Act, 68 Pa.C.S. §§ 5101 et seq.
CONSERVATION DISTRICT. The Lehigh County Conservation District.
CONTOUR LINE. A line on a topographical map connecting points of like elevation.
CROSS-SECTION. A profile of existing ground at right angles to the centerline.
CROWN. The height of the center of a roadway surface above its edges.
CULVERT. A pipe, conduit or similar structure including appurtenant works, which carries surface water.
CURB. The raised edge of a pavement that confines surface water to the pavement and protects the abutting land from vehicular traffic.
CUT. To lower the level of the surface of an existing grade, or the vertical distance from the existing ground surface to the planned grade line at a given point.
DAYS. Calendar days.
DEP. The Pennsylvania Department of Environmental Protection, and its successor agencies.
DEVELOPER (or SUBDIVIDER). Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations and the subdivision of land, as well as sewage disposal systems and water supply systems.
DRIVEWAY. A vehicle travelway that provides access from a street/road to one or two lots, and which is not an access drive.
DRIVEWAY, SHARED. A driveway that provides access to two lots.
DWELLING TYPES. The definitions in the township zoning ordinance shall apply (see § 155.051 of this code of ordinances).
EASEMENT. A limited right of use granted on private land for public or private use by another party or parties, or a protective condition, as in the case of drainage easements for protection and/or preservation of a specified area.
ENGINEER, PROFESSIONAL. A person licensed to practice as a professional engineer in the commonwealth.
ENGINEER, TOWNSHIP. The registered professional engineer designated by the Board of Supervisors to perform all duties required of the Township Engineer by the provisions of this chapter.
FARM BUILDING. A building that is primarily used for the storage of crops or farm equipment or for the raising of livestock or poultry.
FINISHED GRADE. The proposed elevation of the land surface of a site after the completion of all site improvement work.
FLOODPRONE AREA. A relatively flat or low land area adjoining a stream, river or watercourse that is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
GRADE. The elevation of ground or paving.
GRADING. All construction operations between site clearing and building or paving. GRADING includes excavating, hauling, spreading and compacting operations.
IMPROVEMENT AGREEMENT or DEVELOPMENT AGREEMENT. An agreement in a form and manner acceptable to township requiring a developer to install the improvements required by this chapter or which appear on the official approved plans.
LAND DEVELOPMENT. Includes any of the following activities, unless such definition is revised by a later amendment of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq.:
(1) The improvement of one or two or more contiguous lots, tracts or parcels of land for any purpose involving either or both of the following:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single principal nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(2) A subdivision of land; and
(3) The following activities are excluded from the definition of LAND DEVELOPMENT only when such LAND DEVELOPMENT involves the following:
(a) The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium; or
(b) The addition of an accessory structure including a farm building on a lot or lots subordinate to an existing principal building.
LANDOWNER. The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the LANDOWNER, or any other person having a proprietary interest in land.
LOT. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT LINE ADJUSTMENT. The revision or deletion of one or more lot lines in such a way that all of the following are true:
(1) No new lots will be created beyond what was previously approved;
(2) No additional road/street segments or significant changes in alignment are proposed other than what was previously approved;
(3) No additional nonconformities will be created under the township zoning ordinance; and
(4) No new land development will occur other than a land development that was previously approved or buildings to support crop farming.
LOT, REVERSE FRONTAGE. A lot extending between and having frontage on a minor street and either an arterial or collector street, with vehicular access solely from the minor street. The front setback regulations of the zoning district in which the lot is located shall apply to both street frontages.
MAINTENANCE AGREEMENT. An agreement in a form and manner acceptable to the Board of Supervisors requiring the developer of required improvements to make any repairs or reconstructions and to maintain such improvements for a certain period.
MAINTENANCE GUARANTEE. Financial security which is acceptable to the township to secure the promise made by a developer in the maintenance agreement that required improvements shall be maintained by the developer. (Note: these guarantees typically include acceptable letters of credit, performance bonds, escrow agreements, and other similar collateral or surety agreements).
MAJOR AND MINOR SUBDIVISIONS. See SUBDIVISION, MAJOR and SUBDIVISION, MINOR.
MODIFICATION. A process authorized under § 154.007 that allows the Board of Supervisors to approve a specific alternative standard.
MUNICIPALITIES PLANNING CODE. The Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq.
ONE-HUNDRED YEAR FLOOD. A flood that, on the average, is likely to occur every 100-years, (such as that has a 1% chance of occurring each year, although the flood may occur in any year).
OPEN SPACE. The area of a lot unoccupied by principal or accessory structures, streets, driveways, parking areas; but may include areas occupied by walkways, picnic pavilions, play equipment and other noncommercial outdoor recreation facilities.
OPEN SPACE, COMMON. The definition in the zoning ordinance shall apply (see § 155.051 of this code of ordinances).
OPEN SPACE, PUBLIC. Common open space owned by a government agency or the township for public recreation.
ORDINANCE, THIS. The Upper Milford Township Subdivision and Land Development Ordinance, as amended, and any provisions thereof, enacted by the Board of Supervisors.
PATHWAY. A pedestrian accessway which is not adjacent to a road/street or access drive and conforms with this chapter.
PennDOT. The Pennsylvania Department of Transportation.
PERFORMANCE GUARANTEE. Financial security which is acceptable to the Board of Supervisors to ensure that the developer will install required improvements. Note: this typically includes acceptable letters of credit, performance bonds, escrow agreements, and other similar collateral or surety agreements.
PLAN. A map of a land development or subdivision and accompanying notations.
(1) FINAL PLAN. A complete and exact plan identified with the title “Final Plan” including the plan prepared for official recording as required by this chapter.
(2) PRELIMINARY PLAN. A complete plan identified with the title “Preliminary Plan” accurately showing proposed roads/streets and lot layout and such other information as required by this chapter.
(3) SKETCH PLAN. An informal plan, identified with the title “Sketch Plan” on the map, indicating the general layout of the proposed subdivision or land development.
PLANNING ADMINISTRATOR or SUBDIVISION ADMINISTRATOR. The staff person(s) charged by the Board of Supervisors with the responsibility of administering the subdivision application submission procedure.
PLANNING COMMISSION. Unless otherwise stated, shall mean the Upper Milford Township Planning Commission.
PROFILE. A line on a drawing which shows elevations of points along a selected route. A PROFILE usually shows both ground elevations and grade elevations.
PUBLIC MEETING, REGULAR PLANNING COMMISSION. A regular meeting of the Township Planning Commission at which such Commission is authorized to conduct official action and which has been scheduled based upon an annual meeting schedule (as may be adjusted by the Chairperson) and which is not a workshop meeting or the official public meeting on an ordinance amendment.
PUBLIC NOTICE. As defined by the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (Note: as of 2008, this included the following definition: “Notice published once each week for two successive weeks in a newspaper of general circulation in the township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.”)
PUBLIC SEWER. A sewage disposal system that is owned and operated by a local government authority or by a local public utility company controlled by a government authority.
PUBLIC WATER. A water supply system that is owned and operated by a local government authority or by a local public utility company controlled by a government authority.
RECREATION LAND. Land intended for noncommercial recreation by residents of a development or by the general public, and which meets the requirements of § 154.007.
RIGHT-OF-WAY. A legal right of passage across land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric or telecommunication transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. If the RIGHT-OF- WAY involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
SEWAGE DISPOSAL SYSTEM. A system designed to collect, treat and dispose of sewage from users in compliance with regulations of PennDEP and the township.
(1) CENTRAL SEWAGE SERVICE. Service by a sewage disposal system which collects, treats and disposes sewage from more than one lot.
(a) COMMUNITY SEWER SERVICE. Service by a COMMUNITY SEWER SYSTEM, as defined above.
(b) PUBLIC SEWAGE SERVICE. Service by PUBLIC SEWER as defined above.
(2) ON-LOT SEWAGE SYSTEM. A sewage disposal system which collects, treats and disposes of sewage or holds sewage from only one lot.
SIDEWALK. A pedestrian accessway which is adjacent to a road/street or access drive and conforms to the regulations of this chapter.
SOIL SURVEY. The latest version of the official soil survey of the county, published by the U.S. Natural Resource (formerly “Soil”) Conservation Service, or more updated and detailed information prepared by such agency.
STATE or COMMONWEALTH. The government of the Commonwealth of Pennsylvania and its relevant subparts.
STATE PLANNING CODE. The Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10101 et seq.
STEEP SLOPE. An area of 15% or greater slope.
STREET or ROAD. A public or private way, excluding driveways, alleys and access drives, that affords the principal means of access to abutting properties intended to be used by vehicular traffic or pedestrians. Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and accepted public right-of-way or private right-of-way. The term STREET and ROAD shall have the same meaning. Any vehicle access that serves three or more lots, other than an alley, shall be considered to be a STREET.
STREET OR ROAD CLASSIFICATIONS. The functional classifications of streets/roads shall follow the zoning ordinance. Such classifications may be amended through an amendment of such this chapter. Streets are classified as arterial streets, collector streets and local streets. An alley is a minor right-of-way, privately or publicly owned, primarily for vehicular access to the rear of properties.
STREET OR ROAD, CUL-DE-SAC. A type of street which is terminated at one end by a permitted turnaround and which intersects another street at the other end.
STREET GRADE. The officially established grade of the road/street upon which a lot fronts or, in its absence, the established grade of other roads/streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the road/street at such midpoint shall be the STREET GRADE.
STREET LINE. A line defining the edge of a road/street right-of-way and separating the road/street from abutting property or lots. This is commonly known as the STREET RIGHT-OF-WAY LINE.
STREET OR ROAD, MARGINAL ACCESS. A type of local road/street which is parallel and adjacent to collector or arterial road/streets and provides access to abutting properties.
STREET OR ROAD, PRIVATE. A road/street that is not owned or maintained by the state or the township.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION.
(1) 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.
(2) The subdivision by lease of land for agricultural purposes into a parcel of more than ten acres, not involving any new street or easement of access or residential dwellings, is not a SUBDIVISION.
SUBDIVISION, MAJOR. A subdivision that does not meet the definition of a SUBDIVISION, MINOR.
SUBDIVISION, MINOR. A subdivision involving not more than three total residential or agricultural lots and which does not involve the construction of a new street.
SUBDIVISION ORDINANCE. The Upper Milford Township Subdivision and Land Development Ordinance, as amended.
SUBSTANTIALLY COMPLETED. In the judgment of the Township Engineer at least 90% (based upon the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
TOWNSHIP. The Upper Milford Township, Lehigh County, Pennsylvania. Unless otherwise stated, this shall mean the Board of Supervisors and its authorized agents.
TREE. A perennial woody plant having a main trunk with a diameter of one and one-half inches or greater, unless a differing measurement is provided for a specific purpose of this chapter.
USGS. United States Geological Survey, or its successor agency.
VEHICLE TRIP. A vehicle movement in one direction with the origin or destination within the study area.
WAIVER. A process authorized under § 154.007 that allows the Supervisors to remove a specific requirement as it applies to an application.
WALKWAY. A strip of land including a right-of-way dedicated to public use in order to facilitate pedestrian access through or into a block.
WATERCOURSE. Any natural or artificial waterway, stream, river, creek, ditch, channel, millrace, canal, conduit, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel and bed and shall include any area adjacent thereto subject to inundation by reason of overflow of floodwaters.
WATER, CENTRAL SYSTEM OR SERVICE. Service by a water system which transmits water from a common source to more than one lot.
(1) COMMUNITY WATER SERVICE. Service by a COMMUNITY WATER SYSTEM as defined above.
(2) PUBLIC WATER SERVICE. Service by a PUBLIC WATER system as defined above.
WATER, ON-LOT SYSTEM OR SERVICE. Service by a water system which transmits water from a source on the lot to only one lot.
(Ord. 127, passed 3-18-2010)