Any driveway, street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.

An establishment having a portion of its stock-in-trade, including but not limited to books, magazines, photographs, slides, graphic displays or other information, including such information stored or displayed by video or computer equipment or other electronic means, or other materials which are distinguished by their emphasis on matter depicting, describing or relating to explicit sexual materials and/or obscene materials, as defined herein.

Includes the exhibition and/or the conduct of live activities or uses, or the dissemination by sale, loan, or otherwise, of explicit sexual materials as defined below, and/or of an obscene nature; if such uses or activities comprise more than 20% of the stock-in-trade of the premises (measured in gross sales or square footage in the area utilized) or which constitute, from time to time, the primary or major attraction to the premises.

An enclosed building or outdoor theater used for presenting motion pictures, slides, videotapes, computer graphic displays, or other reproduced images by any means, or for live activities or uses, distinguished or characterized by an emphasis on matter depicting, describing or relating to explicit sexual materials and/or obscene materials, as defined herein.

Local industrial or processing operations which are accessory to the principal farm production activities on the farm and which are necessary for the purpose of processing the local farm product to make it usable for consumer use and commercial sale (e.g., conversion of apples into apple juice or cider).

Land used exclusively as a bona fide agricultural operation by the owner or tenant. The business of garbage feeding of hogs, fur farms, or the raising of animals for use in medical or other tests or experiments are excluded.

An enterprise that is actively engaged in the commercial production and preparation of crops, livestock and livestock products and in the production, harvesting and preparation for market, or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

Farming, including plowing, tillage, cropping, installation of best management practices, seeding, cultivating or harvesting for the production of food and fiber products. For the purpose of this chapter, the term "agriculture" does not include animal husbandry or agricultural industry as defined herein.

An airport or airstrip classified as a commercial facility by a state or federal agency, or a facility that serves five or more airplanes or ultralight aircraft at any one time for landing, takeoff, parking and/or servicing.

An airport or airstrip classified as a private facility by a state or federal agency, or a facility that serves less than five airplanes or ultralight aircraft at any one time for landing, takeoff, parking and/or servicing.

A public or private way affording only secondary means of access to abutting property, or a public thoroughfare having a right-of-way width of less than 33 feet. Alleys may also be known as "courts," "places" or "lanes."

See "structural alterations."

Any indoor or outdoor place that is maintained or operated for the amusement, patronage, or recreation of the public.

The raising and keeping of livestock, fish, fur-bearing animals, honeybees, or poultry for any commercial purpose. The raising and keeping of livestock, fish, fur-bearing animals, honeybees, or poultry as farm pets or for domestic purposes to meet the limited needs of the farm family or occupants residing on the farm, and not for commercial purposes, pursuant to the regulations of this chapter shall not be construed as animal husbandry.

See "dwelling."

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

A building or place of business where fuel and automobile accessories are dispensed directly to the motor vehicle trade, and where minor auto repairs and services may be rendered.

The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

An open area, other than a street, used for the display, sale, or rental of new or used motor vehicles, trailers, or boats in operable condition and where no repair work is done.

Auto and motor vehicle repairs are classified into the following two types:

A place where two or more motor driven vehicles which do not bear a current state inspection sticker and/or license plate and/or their related parts are stored or disassembled.

See definition for "eating and drinking places."

A floor level partly or completely below-grade. A basement shall be considered a story if more than one-third of the perimeter walls are five feet or more above the finished grade level of the ground immediately adjacent to the walls.

An owner-occupied, single-family detached dwelling which contains six or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is included in the charge for the room, but excluding other restaurant or eating and drinking services which are open to the general public.

See "sign, advertising."

A tract of land or a lot or group of lots bounded by streets, public parks, or parkways, railroad rights-of-way, watercourse or body of water, unsubdivided land, or a boundary line or lines of the Township.

That portion of a block which abuts a single street.

See "Zoning Hearing Board."

See "rooming house."

A strip of land at least 10 feet in width which may be a part of the minimum setback distance, free of any principal or accessory building other than suitable screening. An accessway may cross through a buffer strip but may not run parallel through the buffer strip.

Any combination of materials forming any construction which requires location on the ground or attachment to something having location on the ground. The term "building" shall include the term "structure," as well as signs, fences, walls, swimming pools, porches, garages, and similar structures.

The maximum ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports and breezeways, but excluding open patios, parking areas, swimming pools, tennis courts, and other structures which are open to the sky) by the total area of the lot upon which the buildings are located. Said ground floor area shall be computed by using the maximum outside building dimensions, including cantilevered areas measured on a horizontal plane.

The vertical distance derived from the average of the 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 as listed in § 350-25B.

A line which designates the minimum distance between any building and/or use and the adjacent road right-of-way or property line. Such line shall be measured at right angles from the front, side, or rear street right-of-way or property lines which abut the property upon which said building and/or use is or is to be located and parallel to said right-of-way or property line.

A building in which is conducted the main or principal use of the lot on which it is situated.

The size and shape of building uses and the exterior relationship of their exterior walls, or their location, to lot lines and other buildings or other walls of the same building and all open spaces required in connection with a building. Bulk regulations include, but are not limited to, regulations dealing with lot size, lot area per dwelling unit, lot width and depth, building height, required yards, building coverage, courts, usable open space, floor area ratio, spacing between buildings on a single lot and the length of buildings in a row.

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily. The term "business" shall include the occupancy or use of a building, or lot or any portion thereof, for the transaction of business or the rendering or receiving of professional or personal service.

A tract of land, building or structures planned as a whole and intended for one or more establishments for a commercial purpose on a site whether built at one time as a unit, or in two or more construction stages.

See "eating and drinking places."

See § 350-35 for camps, campground and campsite definitions.

A permanent roofed structure which is not enclosed by walls and accessory to a dwelling unit.

The hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the curbs.

See "eating and drinking places."

The portion of a building, other than a basement, that is located below ground level.

Land used or dedicated to the burial of the dead including columbariums, mausoleums, crypt interments, earth interments and maintenance facilities. Excludes crematoriums, mortuaries and sales facilities.

See definition for "day-care center or facility."

A building to house a nonprofit club or social organization and which is not adjunct to or operated by or in connection with a public tavern, cafe, bar, or other public place.

A tower, pole or similar structure that supports a communications antenna operated for commercial purposes aboveground in a fixed location, freestanding, guyed or on a building or other structure.

Any motor vehicle which is required by law to bear any license plate other than that issued for passenger car use, except for a pickup truck not exceeding a total of 15,000 pounds of gross vehicle weight. Any motor vehicle including passenger cars and pickup trucks of any size, which by reason of a characteristic coloring or marking exceeding one square foot in area is identified or commonly associated with any business, industry, or public agency shall be considered a commercial vehicle within the terms of this chapter. Unmarked passenger cars used in business by a resident shall not be considered to be a commercial vehicle.

See "Planning Commission."

A person, corporation or an established and recognized agency which because of education and/or experience or special legal jurisdiction or enforcement responsibility or because of other special qualification is considered to be an authority in a specific subject matter or activity and is therefore deemed competent by the Township Supervisors to provide expert advice to the Township. Such a competent authority may include professional engineers or architects, planners, attorneys or other experts, or county, state or federal agencies such as PADEP, PennDOT, PA DCED, Northampton County Conservation District, Lehigh Valley Planning Commission, The Nature Conservancy and other conservancy organizations, County or State Health Departments, Federal Environmental Protection Agency, the PA Environmental Council and the Upper Mount Bethel Township Environmental Advisory Council, and other applicable agencies or professional persons.

The official Comprehensive or Land Use Plan of the Township of Upper Mount Bethel as adopted by the Township Supervisors.

A use which by virtue of its own particular characteristics may be permitted in particular areas only after review and recommendation by the Planning Commission and after a public hearing and approval by the Supervisors pursuant to standards and criteria set forth in this chapter.

A nonpossessory interest of a holder in real property, whether appurtenant or in gross, imposing limitations or affirmative obligations the purposes of which include, but are not limited to, retaining or protecting for the public and economic benefit, the natural, scenic or open space values of real property; assuring its availability for agricultural, forest, recreational or open space use; protecting, conserving or managing the use of natural resources; protecting wildlife; maintaining or enhancing land, air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar, connection or relationship.

See "nursing home."

A small retail establishment, usually located within or associated with another use, that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods.

A significant change in the use of a building or site.

A center or facility where persons are provided care for part of a twenty-four-hour day. Day-care centers may consist of the following types:

See definitions of "patio" and "porch."

The gross project density of a residential subdivision, land development, planned residential development or residential cluster development, measured in residential dwelling units per acre, shall be equal to the total number of residential dwelling units in the project divided by the permanent gross total project area of the development, including streets which provide direct access to adjoining residential uses, private drives, parking areas, recreation and common open space and other related uses permitted in the development.

The net project density of a residential subdivision, land development, planned residential development or residential cluster development, measured in residential units per acre, shall be equal to the total number of residential dwelling units divided by the total net residential land in acres. The total net residential land is equal to the project area which is used for residential purposes or related residential yard areas, parking areas to serve residents, or permitted accessory uses (such as public or private street rights-of-way, providing direct access to residential units, recreation and common open space to serve residential units, and other related residential uses).

A prison or other interment or treatment facility for persons charged with or convicted of criminal offenses (including juvenile delinquents) and/or other persons involuntarily committed under applicable mental health or other statutes.

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.

Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets, or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operation and the subdivision of land.

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

A portion of the territory of the municipality within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

A residence hall or building which provides sleeping rooms to be used primarily by students of a school or college or by members of a club, fraternity or sorority or other institution.

A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose or waste material which is operated in an environmentally safe manner, in accordance with applicable federal, state or local requirements and/or permits.

Any building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons and as defined further below. The term "dwelling" shall not be deemed to include automobile court, rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, or sorority house or family care or group care facility or a seasonal dwelling as defined herein.

The following types of eating and drinking places are defined for the purpose of this chapter:

Notice given by a municipality through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

Includes, but not limited to the following: areas subject to flooding, wetlands, groundwater aquifers and recharge areas, rivers, streams, ponds, lakes, steep slopes, areas needed for stormwater runoff control, sinkholes, and areas with unique natural features.

A method of determining the location of encroachment limits so that the hydraulic capacity of floodplain lands on each side of a stream is reduced by an equal amount when calculating increases in flood stages due to floodplain encroachments.

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication systems (including antennas, towers, commercial communication towers and wireless telecommunication facilities), water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings, except telephone booths, firehouses, pump stations, treatment plants, and similar facilities which shall also be considered as essential service facilities hereunder.

An individual or entity engaged in the operation or use of any type of machine, vehicle or implement used to dig, lift, carry, move, and/or transport, inter alia, earth, gravel, stone, rocks, shale, sand, such as a backhoe, excavator, dump truck, bulldozer so forth. Equipment used for snow plowing and or by a paving contractor is included in this definition. Moreover, storage of such materials and/or equipment used shall constitute use as an excavating contractor.

A facility which provides resident service in a private residence to six or fewer individuals who are not related to the resident household. These individuals shall include persons in need of continuing medical and/or adult supervision and/or treatment and are provided service and supervision by members of the residential household in accordance with their individual needs. This category includes foster or boarding houses for children, but does not include "detention centers" as defined herein.

A group of buildings including a single-family dwelling, barn and accessory buildings typically found on a farm and which are only required for the operation of the farm.

See "eating and drinking places."

Any outdoor barrier of either natural living vegetation or composed of fabricated materials, as defined below, which is placed or arranged as a line of demarcation between lots or to enclose a lot or a part of a lot. For the purpose of this chapter, a fence is a boundary line fence when the average center line of the fence is established on the lot within two feet of a property and/or lot line. The height of any fence shall be the distance measured from the existing grade of the natural surface to the top of the fence.

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering services such as lubrication, washing, and minor repairs with hand tools.

See "lowest floor."

An irregularly shaped lot characterized by an elongated extension from a road to the principal part of the lot. The flag pole shape shall act as access to an otherwise landlocked interior parcel. The minimum width of the access strip or "pole" of any flag lot shall be 30 feet in order to accommodate 10 feet wide utility easements on each side and shall be capable of accommodating all vehicles, including emergency vehicles; and

A sale of items of tangible personal property, wherein, on one location, there are multiple vendors who may vary from week to week, who may have paid a fee for the privilege of occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property, whether indoor or outdoor, such that all or many of the items for sale are removed from the selling area on a daily or periodic basis.

The sum of the gross areas of the floors of every story of a building measured from the exterior faces of exterior walls or from the center lines of common or party walls separating two buildings.

The total floor area of a building divided by the area of the lot on which it is located. Regardless of the internal arrangements of a building, it shall be deemed to have at least one story for each 20 feet of height or fraction thereof.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, including the development, cultivation, harvesting, transporting and selling of trees for commercial purposes, and which does not involve any land development.

Auto and motor vehicle garages of the following types:

A sale open to the public, of new, used or previously owned personal property, including but not limited to goods, wares, merchandise and clothing, held on vacant property, or on the lawn, yard, porch, patio, or in the garage, residence or other outbuilding. Those holding garage sales are required to secure a permit for such sales as provided and controlled by UMBT ordinance, as amended.

The council in cities, boroughs and incorporated towns; the board of commissioners in townships of the first class; the Board of Supervisors in Townships of The Second Class; the board of commissioners in counties of the second class through eighth class or as may be designated in the law providing for the form of government.

A corridor or area of open space. Greenways vary greatly in scale, from narrow ribbons of green that run through urban, suburban, and rural areas to wider corridors that incorporate diverse natural, cultural and scenic features. They can incorporate both public and private property, and can be land- or water-based. They may follow old railways, old trolley or light rail lines, canals, mill races or ridge tops, or they may follow stream corridors, shorelines, or wetlands, and include water trails for nonmotorized craft. Some greenways are recreational corridors or scenic byways that may accommodate motorized and nonmotorized vehicles. Others function almost exclusively for environmental protection and are not designed for human passage. Greenways differ in their location, size and function, but overall, a greenway will protect natural, cultural, and scenic resources, provide recreational benefits, enhance natural beauty and quality of life in neighborhoods and communities, and stimulate economic development opportunities.

A facility which provides resident services to seven or more individuals of whom one or more are unrelated, who are being cared for by a supervisory staff. These individuals shall include persons in need of medical and/or adult supervision and treatment and are undergoing rehabilitation for physical or mental disabilities, drug or substance abuse, or other problems, and are provided services to meet their individual needs. This category includes uses licensed or supervised by any federal, state or county health/welfare agency, such as group homes, halfway houses, resident schools, resident facilities and foster or boardinghomes, but does not include residential care facilities for the elderly and "nursing homes" or "detention centers" as defined herein.

The following two types of growth areas are defined:

Any refuse, discarded material, or combination thereof in solid, semisolid, liquid or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Categories of hazardous waste include, but are not limited to explosives, flammables, oxidizers, poisons, irritants and corrosives.

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 the items set forth under § 350-25B.

An improved area licensed or approved for the landing and take off of helicopters and including some or all of the auxiliary facilities necessary for the operation of the heliport such as helicopter parking, waiting room, fueling and maintenance equipment.

Business activities which are undertaken in a residential housing unit for which are carried out with the intent of earning an income. Two types of home-based businesses are defined below:

A building or part thereof used for the medical, psychiatric, obstetrical, surgical, or other medical care, on a twenty-four-hour basis, of four or more inpatients. "Hospital" shall include general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals, and any such facilities providing medical inpatient and/or outpatient care.

A building or group of buildings designed to serve the public, with one or more outside entrances which contains six or more permanent bedrooms and which is designed, arranged and used for the overnight lodging of travelers or for temporary occupancy of transients, and which may include a public dining room and kitchen.

Any surface on a lot which blocks the natural percolation of water into the ground surface. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas; driveways; sidewalks; patios and decks; sport courts; and pools.

A group of "compatible" industrial plants on a single parcel of land, or on separate parcels contiguously arranged, so as to form a planned development of industrial sites, building or buildings.

Any industry which is not detrimental to the environment or the health and safety of the residents of the municipality in which it is located by reason of the emission of smoke, noise, odor, dust, vibration, excessive light, or by an other adverse effect produced by the industry which extends beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards.

Shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used machinery, abandoned motorized and nonmotorized vehicles not in operating condition, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipefittings, used tires and other manufactured goods, any of which are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but which are subject to being dismantled or processed for reclamation, salvage or recycling.

A junkyard shall consist of an outdoor storage yard (on a minimum site of five acres) or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, where no less than 40% of the storage, processing and associated activities take place in a completely enclosed building. Such an area shall be fenced and buffered by the applicable provisions set forth in §§ 350-27E and 350-33A as approved by the Township Supervisors.

Any of the following activities:

See "sanitary landfill."

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

An individual or entity who supervises or performs the installation of a new landscape or a major (more than 50%) revision, update or remodeling of an existing landscape including, inter alia, earthmoving, construction or installation of landscape accoutrements, soil preparation and planting of natural plants, trees, shrubs and usually in accordance with plans designed by a professional landscaper or private individual or entity engaging in landscape design.

An individual or entity engaged in the retail or wholesale sale of trees, shrubs, annual and perennial plants and flowers, outdoor use furnishings, plastic furniture, lawn ornaments, soil, seed as well as outdoor maintenance items including, but not limited to, tools, tractors, lawn care equipment or similar items. All of these types of businesses must comply with Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel and be approved by the Township Board of Supervisors for the land use under land development as a commercial use.

An individual or entity with no more than one employee engaged in routine cutting of grass, trimming of trees or shrubs, mulching plant bedding and raking of leaves. Equipment used in this type of occupation are limited to grass cutting machines, leaf blowers, small (18 inches or smaller) chain saws, hedge trimmers so forth. Does not include any type of earthmoving equipment to be utilized. See "excavating contractor." This use is permitted in all zones and will be treated as a home occupation.

Any fixed source of light emanating from a man-made device, including but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, streetlights, construction or security lights.

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

The lowest floor of the lowest enclosed area (including basement).

Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

A building used exclusively by health care provider of any type for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.

See "social hall, club or lodge."

See "dwelling, mobile home."

A parcel of land at least 10 acres in size, under single ownership, which has been planned and improved for the placement of two or more mobile homes for nontransient use.

A building, or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient 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 uses.

A vehicle which is self-propelled by any means except a self-propelled wheelchair or a vehicle which is propelled solely by human power such as a bicycle.

See "automotive and vehicle repair."

The Township of Upper Mount Bethel located in Northampton County, PA.

See "eating and drinking places."

Any lot, legally existing at the date of passage of this chapter, which does not conform with either one or more of the following: the minimum width, depth and area dimensions specified for the district where such a lot is situated.

A building or structure or part thereof manifestly not designed to comply with the applicable use, or extent of use provisions of this chapter or amendment heretofore or hereafter enacted where such building or structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.

A use, whether of land or building or 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 chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.

An institutional use licensed under the laws of the Commonwealth of Pennsylvania, for lodging, boarding and nursing care, including any premises containing sleeping rooms or beds to be used by seven or more persons who are lodged and furnished with meals, related facilities and professional staff and nursing care on a twenty-four-hour basis. Nursing homes shall also include convalescent homes, skilled nursing facilities, intermediate care facilities and infirmaries located within homes for the aged, but shall exclude "residential care facility for the elderly," "residential retirement complex" or "detention centers" as defined herein.

Any structure, fence, sign, plant material or other obstruction which obstructs vision between a height of two feet to 10 feet above the center-line grade of the adjoining streets or driveways within the site triangle formed by the street or driveway intersection, created by the right-of-way line of each street or driveway extended to a common point, and a line drawn between two points on the right-of-way line of each street or driveway, each located 15 feet from the common point measured along the street or driveway intersection for local and collector streets, and 30 feet for major state and federal traffic routes. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.

The map established by the Township designating the location and boundaries of the zoning districts established.

The area of a lot unoccupied by principal or accessory structures, streets, driveways, or parking areas, but includes areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees.

A parcel or parcels of land, or an area of water, or a combination of land and water within a development site which is open space designed and intended for the use or enjoyment of residents of a development.

The preservation of undeveloped land in a natural state, by limiting or prohibiting the development of buildings, parking areas, commercial and industrial establishments and promoting the preservation of natural resources, including forests, woodlands, natural streams and water bodies, wildlife and mineral resources, and including agricultural lands which are used for producing agricultural products, and by areas used for wildlife management and other similar low-density and low-impact uses. Preservation and conservation of open space land is promoted by the use of deed restrictions on land, the sale of development rights, restriction of development, by zoning restrictions and by the careful planning of recreational uses requiring large open areas.

Open to access by all residents of the Township and their guests.

See definition of "lot."

An open space used for the storage or parking of motor vehicles exclusively, with or without compensation, and in which no other business is conducted.

A space or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

A surfaced ground area or a courtyard or a deck less than one foot above the highest ground elevation over which it is located designed for outdoor living purposes as an accessory use to a structure, which shall be completely unenclosed except for any side which may adjoin a structure or for any fences or walls, shrubs or hedges less than four feet in height. Outdoor areas which are screened or enclosed by a roof or awning shall be considered to be a structure. (See definition of "porch.")

Any security which may be accepted by the municipality in lieu of a requirement that certain improvements be made by the subdivider before the plat is approved in a form provided for by the Municipalities Planning Code.[3]

A document issued by the proper authority of the municipality authorizing an applicant to undertake certain activities, as further defined below:

Any use which does not require special action by the Planning Commission, the Zoning Hearing Board or the Board before a zoning permit is granted by the Zoning Officer.

An individual, partnership, organization, association, trust, or corporation. When used in a penalty provision, "person" shall include the members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation.

An area of land at least 10 acres in size, controlled by a landowner, to be developed as a single entity for 10 or more dwelling units, the development plan for which may include either single-family, two-family or multiple-family dwellings. Such developments are presently not permitted in this chapter.

An area for which a unitary development plan has been prepared indicating, but not being limited to the following land uses: open space, on-site circulation for both pedestrians and vehicles, parking, setbacks, housing densities, building spacings, land coverage, landscaping, relationships, streets, building heights, accessory uses, and architectural treatment. A planned unit development may include Planned Cluster Developments, which are a development design technique concentrating buildings in a specific area on a site to allow the remaining land to be used for recreation, common open space, or preservation of environmentally sensitive areas. Such developments are presently not permitted in this chapter.

The Planning Commission of the Township of Upper Mount Bethel established in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[5]

A plat of a lot, drawn to scale showing the actual measurements, the size and location of any existing structures or new structures to be erected, the location of the lot in relation to abutting streets and other such information.

A structure or part of a structure which is enclosed on one or more sides by a fence or wall which is four feet high or higher or covered by a roof or awning or a structure which would otherwise be classified as a patio or a deck except that it is more than one foot above the highest ground elevation over which it is located.

When used in connection with natural and historic resources shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

When used in this chapter shall include at least 75% of the activity, users or other category referred to in this chapter.

Includes 100-year floodplains, wetlands, land with slopes over 25%, streets (including rights-of-way), utility rights-of-way, stormwater management easements, and water bodies (including ponds, lakes, reservoirs, and the like).

Land used for agricultural purposes that contain soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources and Conservation Services County Soil Survey.

The primary or most important or main use of a lot, parcel or structure.

Professional offices shall include the office of a physician, dentist, optometrist, architect, landscape architect, engineer, planner, insurance broker, realtor, accountant, lawyer, author or other member of a recognized profession.

Includes, but is not limited to, parks, playgrounds, and public areas associated with public schools, sewage treatment facilities, and refuse disposal or management areas and other publicly owned or operated facilities.

A designated growth area and all or any portion of a future growth area described in a county or multimunicipal comprehensive plan where public infrastructure services will be provided and outside of which such public infrastructure services will not be required to be publicly financed.

Services that are provided to areas with densities of one or more units to the acre, which may include public sanitary sewers and facilities for the collection and treatment of sewage, water lines and facilities for the pumping and treating of water, parks and open space, streets and sidewalks, public transportation and other services that may be appropriate within a growth area, but shall exclude fire protection and emergency medical services and any other service required to protect the health and safety of residents.

Notice for a public hearing published once each week for two consecutive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall not be less than seven days from the date of the hearing. (See also § 350-43.)

A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

See § 350-36 for definitions and requirements.

A vehicle or piece of equipment, either self-powered or designed to be towed, intended primarily for recreational or leisure time use. Such vehicles may include travel trailers as defined herein, campers, vehicles adapted for leisure time use, snowmobiles, minibikes, boat trailers and other similar vehicles.

An area of land, at least three acres in size, including a facility where solid waste such as paper, cardboard, glass, aluminum, plastic or other materials approved for recycling by the Township, that are no longer useful for their intended purpose and are separated, sorted, accumulated and mechanically processed for reuse at another site. No less than 60% of the activities at the site shall take place in a completely enclosed building or facility. Such an area shall be fenced and buffered by the applicable provisions set forth in §§ 350-27E and 350-33A and as approved by the Township Supervisors.

A lot or land or part thereof used primarily for disposal by sanitary landfill, burial, incineration or any other legal means of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

The Regional Comprehensive Plan prepared and adopted by the Lehigh Valley Planning Commission (LVPC).

Land under single ownership or agreement, planned and developed to provide service sites for structures and facilities, devoted to experimentation in pure or applied scientific research, or to the design, development and testing of new prototype machines, devices, products or processes, and all accessory structures and facilities necessary to the operation thereof.

One who lives and usually works in the vicinity, not a visitor or transient.

A residential complex, located on a site of at least five acres, containing dwelling units and twenty-four-hour staff services to provide assistance and care for elderly residents capable of independent or semi-independent living, each of whom are primarily (at least 65%) at least 55 years of age or handicapped (or the spouse of an otherwise qualified resident), but not requiring "nursing home" care.

A planned residential development for persons of retirement age located on a site of at least five acres or more which is held in one ownership and which provides residential living accommodations and certain health care facilities for the residents. Additional communal facilities may also include dining, recreation, open space, parking and related facilities and other support services.

A business, situated on a lot containing five acres or more, combining lodging, eating, recreational or entertainment facilities as a single enterprise offered to the public at large or any segment thereof, subject to the requirements contained herein.

See "eating and drinking places."

A building containing one or more dwelling accommodations in which at least two rooms are offered for rent for periods of three weeks or longer, to adults aged 18 years or older, payable in money or other consideration, including meals which may be furnished to occupants, but where no public restaurant is maintained. A school or college dormitory, fraternity or sorority house, membership club with residents and other similar uses is not deemed to be a boardinghouse or rooming house.

An area described in a municipal or multimunicipal plan within which rural resource uses including, but not limited to, agriculture, timbering, mining, quarrying and other extractive industries, forest and game lands and recreation and tourism are encouraged and enhanced, development that is compatible with or supportive of such uses is permitted, and public infrastructure services are not provided except in villages.

A lot or land or part thereof used for the purpose of extracting sand, gravel, soil or sod for sale, as an industrial operation, and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.

A land site designed to meet the requirements of the Commonwealth of Pennsylvania Department of Environmental Protection (DEP) and on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.

A privately owned sanitary sewer system designed and constructed to collect, centrally treat and dispose of all sewage from any portion of a development or area.

A sanitary sewer system serving all or a portion of the municipality and administered by either a municipality, municipal authority or public utility, but not a private centralized or a community centralized system.

A dish-shaped antenna designed to receive television broadcasts or other electromagnetic signals, and which are relayed by microwave signals or other electromagnetic, laser or similar devices from earth orbiting communication satellites.

Areas such as slopes from 15% to 25%, hydric soils, woodlands and scenic vistas.

Buildings and lots where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and bodywork, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A service station is not a major repair garage nor a bodyshop. (Also see "auto repair.")

Refer to ordinance in process of being adopted by the Township.[6]

An accessory structure or building used primarily for storage purposes. Such structures shall not exceed one story or 20 feet in height and shall be accessory to residential and nonresidential principal use structures and shall not exceed 240 square feet in floor area.

A group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and aesthetic considerations.

Also referred to as a "billboard," is any graphic or visual display which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Any graphic or visual display which directs attention to a business or profession or to a commodity, service, or entertainment conducted, sold, or offered upon the premises where such sign is located, or to which it is affixed.

The gross surface area of a sign or sign structure shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign or structure or display and in no case passing through or between any adjacent elements of same, but not including any structural or framing elements located outside the limits of the display of such sign.

Uses determined by the Zoning Hearing Board to be similar to other uses specifically identified in a use class. See § 350-40C for criteria required to determine such similarity.

A building used for the slaughtering of animals that are either raised or transported to the building, and the processing and storage of animal products and waste that result from a slaughtering process.

See "eating and drinking places."

A building, structure, lot or land area, or portion thereof, used as a private club or social organization or for activities or services not generally extended to the general public and not conducted for individual profit or gain.

Any garbage, refuse, rubbish, or other discarded materials, that may be in solid, liquid or gaseous form.

A plan describing the activities that will result in the storage, transportation or disposal of solid waste.

A use which may be granted or denied pursuant to express standards and criteria established in this chapter. Requests for such special exceptions shall be decided by the Zoning Hearing Board after a any Zoning Hearing Board requested review to and recommendation from the Planning Commission and after a hearing by the Zoning Hearing Board to determine compliance with said standards and criteria.

A detailed plan for nonresidential development of an area covered by a municipal or multimunicipal comprehensive plan which when approved and adopted by the participating municipalities through ordinances and agreements supersedes all other applicable ordinances.

A comprehensive land use and growth management report to be prepared by the Center for Local Government Services and which shall contain information, data and conclusions regarding growth and development patterns in this commonwealth and which will offer recommendations to commonwealth agencies for coordination of executive action, regulations and programs.

The plan for managing stormwater runoff adopted by a County as required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the "Storm Water Management Act."[7]

That portion of a building, included between the surface of any floor, but excluding the basement or cellar, and the ceiling next above it and having a vertical distance of not less than seven feet. Any such portion of a building having a distance of less than seven feet shall be considered to be a half-story.

A public or private thoroughfare, having a right-of-way width of 33 feet or greater, which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

Any change in the supporting members of a building, such as beams, columns, or girders.

Anything constructed, including a building, the use of which requires permanent or fixed location on the ground, or attachment to something having a permanent location on the ground. The term "structure" shall include signs, fences, walls, stationary and portable carports, porches, swimming pools, garages and other construction of all types.

The official Subdivision and Land Development Ordinance for the Township of Upper Mount Bethel Township as adopted by the Township Board of Supervisors.[8]

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which 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, regardless of the actual repair work performed. The term does not, however, include either:

The officially elected or appointed members of the Upper Mount Bethel Township Board of Supervisors.

Any body of water or receptacle for water having a depth at any point greater than two feet which is used, or intended to be used, for swimming or bathing and constructed, installed, or maintained in or above the ground, outside any building.

See "eating and drinking places."

The use of any premises, vehicle, or structure for living and/or sleeping purposes for 150 or less days in any calendar year, except for on season and offseason camping requirements included in § 350-35.

Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement, whether oral or written, express or implied.

A place where tires are collected, stored or disposed.

A dwelling in which the owner or tenant rents at least one but not more than six rooms and offers overnight accommodations to transient guests for compensation.

See "municipality."

See definition of "lot."

A vehicle not exceeding 45 feet in total length which can be moved over the highway and be used for temporary living or sleeping purposes and standing on wheels and containing not more than one dwelling unit.

The right-of-way width of a street or other corridor as computed from the center line, which is expected to be needed in the future to adequately and properly accommodate the anticipated vehicular and pedestrian traffic and related appurtenances, based on the function of the road in the circulation system, as prescribed in Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel.

A portion of a lot or tract used for residential purposes exclusive of required front and side yard areas, which is not covered by buildings or parking areas and is suitable for use as outdoor open space for the residents thereon.

A group of similar, related or compatible land uses which are grouped together for inclusion in one or more zoning districts.

Within any single use class, those uses which are considered to be similar or of the same type or impact are included in the same paragraph in § 350-14. Where a use is proposed by a zoning applicant, which is not specifically listed in any specific Use Class then the Zoning Hearing Board may determine the use class subcategory (as defined herein) which is most similar to the proposed use and said proposed use shall be subject to all of the requirements of said use class subcategory, if so approved by the Zoning Hearing Board.

The Zoning Hearing Board's authorized departure from the provisions of this chapter where the Board finds that such provisions inflict unnecessary hardship upon an applicant, in accordance with the procedures set forth in this chapter and with the laws of the Commonwealth of Pennsylvania.

Any device or object that may be used, operated or driven in, on or upon a road, street, highway, alleyway or similar travel way (including water) except those used exclusively on rails or track, and any device or object in, upon or by which any person or property is or may be transported, drawn or used to travel in, on or upon a road, street, highway, alleyway or similar travel way (including water) except those used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair operated and designed for the exclusive use of a person with a mobility related disability.

An unincorporated settlement that is part of a Township where residential and mixed-use densities exist or are permitted and commercial, industrial or institutional uses exist or may be permitted.

An upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building. Walls over three feet high shall require a permit.

A privately owned water supply system designed and constructed to transmit and distribute water from a common source for domestic use, firefighting and other purposes to any portions of a development or area.

A water supply system serving all or a portion of the municipality administered by either a municipality, municipal authority, or public utility but not a private centralized or community centralized system..

Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

An area maintained in a natural state for the preservation of both animal and plant life.

An open space, as may be required by this chapter, on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line, as defined herein, and which is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this chapter.

See the definition for "garage sale."

The Zoning Hearing Board of the Township of Upper Mount Bethel.

The administrative officer charged with the duty of enforcing the provisions of this chapter.