For the purpose of this chapter, the following words, terms and phrases have the meaning indicated herein:

ABUTTING OWNER

The owner of record of a lot which is contiguous at any point to the lot in question or which is contiguous to that section of street on which the subject lot has frontage, i.e., a lot across from the subject lot.

ACCESSORY BUILDING

A building which is subordinate and accessory to a principal building on the same lot and which is used for purposes that are clearly customarily incidental to the uses of the principal building. Any portion of a principal building used for an accessory use shall not be considered to be an accessory building.

ACCESSORY STRUCTURE

A structure, such as a private garage or private swimming pool, serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.

ACCESSORY USE

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

ACRE

An acre of land and/or water, which equals 43,560 square feet.

ACT 247

The Pennsylvania Municipalities Planning Code of July 31, 1968, 53 P.S. § 10101, et seq., (Act) No. 247, as amended.

AGRICULTURAL USE: AGRICULTURE

A principal use involving the cultivating of the soil, the raising and keeping of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry.

ALLEY

A public or private thoroughfare, which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosure walls which changes the use of a building or structure or otherwise alters the area and bulk requirements of this chapter.

AMBIENT NOISE

The all-encompassing noise associated with a given environment being usually a composite of sounds from many sources near and far.

ANTIQUES

Goods and objects (i.e., furniture, glass, jewelry) made in a former period and considered to be of value due to their quality, style, appearance or age.

APARTMENT

See "dwelling types," "multiple-family dwelling."

APPLICANT

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

ARTERIAL STREET

A major regional highway designed to carry heavy vehicular traffic onto, out of, or through the regional area; subject to necessary control of entrances, exits and curb use.

AVENUE

A wide street or thoroughfare lined with trees.

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for the purposes of this chapter, the one-hundred-year flood.

BASE FLOOD ELEVATION

The one-hundred-year flood elevation. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain, which is nearest to the construction site in question.

BASEMENT

An enclosed area partly or completely below grade. It shall be considered a building story if more than 33 1/3% of the perimeter walls extends five feet or more above grade, or if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area.

BED-AND-BREAKFAST

An accessory use to a single-family detached dwelling, permitted as such only when carried on in conformity with applicable regulations, in which the occupants of the residence provide overnight accommodations for short-term, transient guests, including the service of breakfast, but no other meals.

BLOCK

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

BOARDING HOUSE

A building or portion of a building arranged or used for sheltering or feeding, or both, for compensation for two or more individuals who are not otherwise part of a "family" as defined herein.

BOROUGH

The Borough of Stockertown, Northampton County, Pennsylvania.

BOROUGH ENGINEER

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

BOULEVARD

A wide city street.

BUFFER AREA

A strip of land adjacent to the lot line to establish a visual separation between incompatible uses.

BUILDING

Any structure having a permanent roof and intended for the shelter, work area, housing or enclosure of persons, animals, equipment or materials and that a total area under roof of greater than 16 square feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

BUILDING COVERAGE

The 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) by the total area of the lot upon which the buildings are located.

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof.

BUILDING LINE

A line, parallel to the lot line, passing through the part of the building nearest to the particular lot line; may be farther from the lot line than the building setback line.

BUILDING PRINCIPAL

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

BUILDING SETBACK LINE

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

A.

FRONT YARD BUILDING SETBACK LINE

ÔÇö The line parallel to the public or private street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public or private street right-of-way shall be considered front yards, except in double frontage lots.

B.

SIDE YARD BUILDING SETBACK LINE

ÔÇö The line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in this chapter.

C.

REAR YARD BUILDING SETBACK LINE

ÔÇö The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in this chapter.

BULK

The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines. The term may include: the size, height and floor area of buildings or other structures; and, all open areas in yard space relating to buildings and other structures.

CARTWAY

The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.

Editor's Note: The former definition of "cart way," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

CERTIFICATE OF USE AND OCCUPANCY

A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign, and/or land complies with this chapter, or that a building, structure, sign, and/or land may be lawfully employed for specific uses or both.

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include: chapels, cathedrals, synagogues, temples and similar designations as well as parish houses, convents and such accessory uses.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined as lines of sight between points at a given distance from the intersection of the street rights-of-way, cartways, or center lines.

COLLECTOR STREET

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

COMMON AREA

That portion of a development tract owned in undivided fee interests by the unit owners in such condominium and set aide for their exclusive use and enjoyment.

COMMON OPEN SPACE

Land or an area of water or a combination of land and water within a development site, designed and intended for the use and enjoyment of the residents of the development and other neighborhoods, consisting of landscaped or natural terrain including lakes and streams. Common open space shall be substantially free of buildings (but may include such buildings or other improvements as are in the development plan as finally approved and as are appropriate for the recreational uses). Common open space shall not include street rights-of-way or yard or off-street parking areas required for residential or other non-common open space functions. The common open space may include recreational uses such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other like uses.

COMMUNICATIONS ANTENNAS

Any device used for the transmission or receipt of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such 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.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting, designed and used to support communications antennas.

COMPREHENSIVE PLAN

The document entitled the "Stockertown Comprehensive Plan," or any part thereof, adopted by the Borough Council, as amended.

CONDITIONAL USE

A use which may not be generally appropriate to a particular zoning district, but which may be suitable in certain locations within the district only when specific conditions prescribed for such use within this chapter are present. Conditional uses are granted or denied by the Borough Council after a hearing to determine whether or not such conditions are present.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions created under either the Pennsylvania Unit Property Act of July 3, 1963

Editor's Note: Said Act was repealed 1980, July 2, P.L. 286, No. 82, § 2. See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

or the Pennsylvania Uniform Condominium Act of 1980.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.

CONVERSION

An alteration of a 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.

CUL-DE-SAC

A local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.

CURBING

A raised stone or concrete edging along the side of a street.

DAY-CARE CENTER

Facility licensed by the Commonwealth of Pennsylvania which provides food service, shelter, supervision, educational and recreational needs of children whether or not for monetary gain.

DEAD END STREET

A street with a single connection with the surrounding road network, which fails to meet the definition of "stub street."

DENSITY, GROSS

The total land ownership divided by the total number of families or dwelling units per acre, such ownership including interior streets having rights-of-way not over 50 feet in width, common open spaces, permitted commercial uses, sites for schools and places of worship, and all land devoted to residential use, but excluding interior streets having rights-of-way greater than 50 feet in width.

DENSITY, NET

The number of families or dwelling units per acre, within only that portion of the lot devoted to any one particular housing type, including the yards, off-street parking and driveway facilities directly serving those particular dwelling types, but excluding common open spaces, places of worship, permitted commercial uses, school sites, public streets, areas devoted to sanitary sewer facilities and other public grounds.

DEPARTMENT OF HEALTH

The Department of Health of the Commonwealth of Pennsylvania, or their representative having jurisdiction in the Borough.

DETENTION BASIN

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

DEVELOPER

Any landowner, agent of such landowner, 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.

DEVELOPMENT PLAN

The design or site layout plan for multifamily dwellings, mobile home parks, shopping centers and industrial parks, covering the entire property ownership although the actual development may take place in stages, and including all required provisions applicable to the type of development such as all covenants relating to the use, location and bulk of buildings and other structures, gross and net densities, streets, ways and parking facilities, common open space and public facilities, as well as such written and graphic material as may be necessary for the reviewing officials to evaluate the proposed development; and, where more than one mortgage is contemplated, the limits of each shall be shown, and all required elements and provisions of this chapter shall take place independently within each of the mortgage areas so that each could function independently, if necessary.

DRIVE

A road for vehicles.

DWELLING TYPES

A.

Multiple-family dwelling: a building containing three or more dwellings, each accommodating one family.

(1)

Apartment dwelling: a building or group of buildings with common ownership on a lot with three or more dwelling units used specifically for residential purposes and originally constructed as such.

(2)

Garden apartment: a multiple-family dwelling of up to three stories in height designed for rental or condominium ownership of each housekeeping unit.

(3)

Quadraplex: a building containing four dwellings, each sharing two common party walls which separate the units vertically.

(4)

Single-family attached dwelling (townhouse): three or more single-family attached dwelling units with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced party walls common with an adjoining dwelling, and having yards on at least two sides.

B.

Mobile home.

C.

Single-family detached dwelling: a building designed for and occupied exclusively as a residence, containing one dwelling unit 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.

D.

Single-family semidetached dwelling (twin): two dwelling units, each accommodating one family, which are attached side by side through use of a party wall, with each dwelling unit having one side yard.

E.

Two-family detached dwelling (duplex): two dwelling units, each accommodating one family, which are located one over the other with the building having two side yard.

DWELLING UNIT

A room or group of rooms located within a residential building and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking and eating by one family.

DWELLING UNIT

A room or rooms within a building connected together, constituting a separate independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent lavatory, cooking and sleeping facilities.

EASEMENTS

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

EDUCATIONAL USE

A use requiring certification, licensing, or review by the Pennsylvania Department of Education.

EFFECTIVE DATE OF THIS CHAPTER

The effective date of this chapter is five days after its adoption, except that with respect to the subject matter of any amendment, the effective date of this chapter shall mean five days after the date upon which the particular amendment was adopted.

EFFECTIVE SCREEN

Planting of deciduous and evergreen trees and shrubs not less than five feet in initial height and capable of attaining a height and width of not less than 10 feet wherein not less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged or placed as to divert attention from or obstruct at least 85% of an otherwise clear view of an objectionable or incompatible use or activity during all seasons of the year. A wall or fence in combination with the aforementioned plantings may be used as an effective screen where required for parking and loading areas. The effective screen shall be in accordance with plans and specifications prepared by a registered landscape architect and shall be compatible with the landscaping on the lot and approved by the Zoning Officer.

ELECTRIC SUBSTATION

Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.

ENGINEER

A professional engineer licensed by the Commonwealth of Pennsylvania.

ENGINEER, BOROUGH

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough of Stockertown, its Planning Commission or Authority.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmissions or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

ESSENTIAL UTILITIES

Includes sewerage, water, gas and electric lines and related appurtenances used to serve development within the Borough, but not including cross-country transmission lines or other utilities not required to serve the Borough.

EXPRESSWAY

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

FAMILY

A family is:

A.

A single person occupying a dwelling unit;

B.

Two or more legally related persons, including foster children, occupying a dwelling unit; or

C.

Not more than four unrelated persons occupying a dwelling as a single nonprofit entity.

FENCE

Any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh, masonry or vegetation, singly, or in combination with other materials, 2 1/2 feet or higher, erected to secure or divide one property from another or part of a property from a remaining part, to ensure privacy, to protect the property so defined, or to enclose all or part of the property.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD ELEVATION REGULATORY

The one-hundred-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.

FLOOD-FRINGE

That portion of the floodplain outside the floodway.

FLOOD, ONE-HUNDRED-YEAR

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

FLOODPLAIN

A relatively flat or low-lying area adjoining a river, stream or watercourse which is subject to partial or complete inundation during a one-hundred-year design frequency storm or an area subject to the accumulation or runoff of surface waters from any source, as more fully defined by the current edition of the Stockertown Borough Flood Insurance Rate Map and associated Floodplain Study.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes and adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.

FLOODWAY

The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FLOOR AREA or GROSS FLOOR AREA

The total area of all floors as measured to the outside surfaces of exterior walls, or from the center line of party walls separating two buildings, but excluding crawl spaces, garages, carports, attics without floors, open porches, terraces, and cellars.

FUNERAL HOME

A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE

An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.

GARAGE, STORAGE

A building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks) but not for the service or repair thereof nor for the sale of fuel, accessories, or supplies.

GASOLINE SERVICE STATION

An area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and hand washing of motor vehicles, and the sale, installation or minor repair of tires, batteries, or other automobile accessories.

GOLF COURSE

Either a publicly or privately owned and operated course, which shall have a minimum of nine holes of golf. Neither a commercial driving range nor a commercial miniature golf area shall be considered a golf course for the purposes of this chapter.

GOVERNMENTAL USES

Municipal, county, state or federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments.

GRADE

The elevation of finished ground or paving which adjoins a building.

GROUP HOME

A facility which provides residential services to persons who, due to age, disability, or handicap, are not able to live without professional care or supervision. Such a facility provides twenty-four-hour supervision and is licensed by the state and/or county.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

HISTORIC BUILDINGS

Existing buildings or structures registered with the National Register of Historic Places. Buildings or structures meeting criteria as set forth by the National Register of Historic Places.

HOME OCCUPATION

An accessory use which is clearly incidental and subordinate to the residential use of a dwelling unit and is customarily performed within a dwelling unit or accessory buildings by one or more occupants of such dwelling unit.

HOMEOWNERS' ASSOCIATION

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property.

HOME, ROOMING

A dwelling in which weekly or monthly sleeping accommodations are provided for rent to less than 10 persons, whether or not the serving of meals is included.

HOME, TOURIST

A dwelling in which overnight sleeping accommodations are provided for rent to less than 10 motor vehicle travelers, whether or not the serving of meals is included.

HORSE BARN

A building or portion of building used for the shelter of horses belonging to the landowner or tenant residing on the property.

HOSPITAL or MEDICAL CENTER

A building used for the medical diagnosis, treatment or other care of human ailments.

HOTEL, MOTEL, MOTOR INN

A building or group of buildings containing guest rooms especially designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind.

HOUSEHOLD PETS

Domesticated animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasures of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.

IMPERVIOUS COVER

Land that is occupied by principal and accessory structures, streets, driveways, parking areas and other similar surfaces that prohibit or slow the percolation of water into the soil.

IMPROVEMENTS

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

INDUSTRIAL PARK

A grouping of two or more industrial establishments on a lot held in single and separate ownership.

INSTITUTION

A building or grounds, a portion of which is used for the residence of more than four unrelated persons who occupy the buildings for a common purpose to include hospitals, convents, school dormitories, college campuses, nursing homes, the educational, administrative and recreational facilities of such organizations as the YMCA, YWCA, and the like.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and/or discarded materials, including, but not limited to, wastepaper, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.

KARST

A type of topography that is formed over limestone, dolomite, or gypsum by bedrock solution, and that is characterized by closed depressions or sinkholes, caves and underground drainage.

KENNEL

An operation involving the boarding, sale, breeding, show purposes, or grooming of adult dogs, cats or other domestic animals. Kennels shall be enclosed, including soundproof runs.

LABORATORY

A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.

Editor's Note: The former definition of "land development," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

LAND DEVELOPMENT

Any of the following activities:

A.

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

(1)

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

(2)

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.

B.

A subdivision of land.

C.

Development in accordance with Section 503(1.1) of the Municipalities Planning Code, as amended.

Editor's Note: See 53 P.S. § 10503(1.1).

LANDOWNER

The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a lessee (if authorized under the lease to exercise the right of the landowner), or authorized officers of a partnership or corporation that is a landowner or other person having a proprietary interest in land. A person who has clearly received formal notarized powers of attorney relating to a landowner may act in the capacity of the landowner, if legally authorized.

LANDSCAPING

The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance thereof, for control of erosion, retention of precipitation, protection against the elements, and promotion of human comfort and welfare.

LEHIGH VALLEY PLANNING COMMISSION

The Planning Commission of Lehigh and Northampton Counties.

LICENSE

According to usage:

A.

When applied to mobile home parks, shall mean written approval by the Borough of Stockertown, a prerequisite of which shall be approval by the Department of Health, and compliance with all applicable regulations of this, or other applicable ordinances.

B.

When applied to erection of signs, shall mean written approval by the Borough of Stockertown, a prerequisite of which shall be compliance with all applicable regulations of this and other applicable ordinances, and the posting of a liability insurance policy or an indemnity bond in an amount not less than $5,000 payable to the Borough of Stockertown in a form satisfactory to the Borough Solicitor.

LIVESTOCK

Animals of any kind kept or raised for use or pleasure, especially meat and dairy cattle and draft animals, opposed to dead stock.

LIVING SPACE

Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.

LOCAL STREET

A street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.

LOOP STREET

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

LOT

A parcel of land which is occupied or is to be occupied by one principal building and other permitted uses, or in the case of multifamily dwellings or multiuse commercial and industrial developments to be occupied by two or more principal buildings, and such open spaces as are arranged or designed to be used in connection with such principal buildings or other structures or uses, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.

LOT AREA

The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). "Lot area" shall not include the following:

A.

Areas within future or existing street rights-of-way;

B.

Areas that are currently or will be dedicated as common open space; or

C.

For residential lots only, areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity.

LOT CORNER

A lot at the junction of, and abutting on two or more intersecting streets, or at the point of abrupt change in direction of a single street the interior of which is not greater than 135┬░.

LOT COVERAGE

The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces which do not normally absorb rainfall.

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT, INTERIOR

Any lot which only has access to a street by either an easement or right-of-way; or any lot which has limited frontage to a street by virtue of being flag-shaped.

LOT LINE

A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line, and shall not be the center line of the street or any other line within the street lines even though such may be the property boundary line in a deed.

LOT LINE, FRONT

The lot line abutting a street and coinciding with the street line, and in the case of a corner lot, both street-abutting lot lines. In the case of an interior lot, the front lot line shall be that property line generally parallel to the street line providing access to the lot.

LOT LINE, REAR

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.

LOT LINE, SIDE

Any lot line connecting a front or rear lot line.

LOT, REVERSE FRONTAGE

Lots which are situated between two public streets, but provide vehicular access solely from the street with the lesser highway functional classification.

Editor's Note: See also the definition of "reverse frontage lot."

LOT WIDTH

The distance, in feet, between two opposite side lot lines, measured at the building setback line.

MAINTENANCE GUARANTEE

Any security which may be accepted by the Borough Council to insure the structural integrity of accepted improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan, for a period of 12 months.

MANUFACTURED HOME

A structure, transportable in one or more sections, that is 25 m (8 body feet) or more in width or 12 m (40 body feet) or more in length in the traveling mode or, when erected on site, is 30 m² (320 square feet) or more; which is built on a chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square meters (square feet) in a structure will be based on the structure exterior dimensions, measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include inside bay windows.

A.

Roof. The roof must be predominantly double-pitched and have a minimum vertical rise of three inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including approved wood, asphalt composition shingles, fiberglass and metal roof, but excluding aluminum and corrugated fiberglass. The roof shall have a minimum eave projection and roof overhang of 10 inches, which must include gutters and downspouts and provide positive drainage.

B.

Siding. Exterior siding shall be of a material customarily used on site-built dwellings, which does not have a high-gloss finish, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with building coeds adopted by the governing body.

C.

Installation. The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Conference of Building Officials (ICBO) and published in the most recent edition of "Guidelines for Manufactured Housing Installations." A continuous, permanent concrete or masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, which may include walkout basements and garages, shall be installed under the perimeter of the home, also in accordance with the above-referenced ICBO Guidelines.

D.

Finished floor elevation. The finished floor of the residential-design manufactured home shall be a maximum of 24 inches above the exterior finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

E.

Attached additions. Any attached addition shall comply with the building codes adopted by the governing body. Architectural and aesthetic standards, as specified above, shall be applicable to all additions.

F.

Garages. Detached garages, which may be constructed on the same lot as a residential-design manufactured home, shall comply with all requirements of the building codes adopted by the governing body and with all architectural and aesthetic standards, as specified above.

MARGINAL ACCESS STREET

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

MARKER

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

MICROWAVE ANTENNA

A parabolic ground-based reflector together with its pedestal and any other attachments and parts thereof commonly referred to as a disk-shaped antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite.

MINIMARKET

A retail store selling a variety of food, beverages, drugs, reading material, or household supplies and having a floor area not exceeding 2,500 square feet.

MINOR REPAIR

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 part of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

A factory-assembled structure or structures transportable in one or more sections that is built on a permanent chassis and designed to be used as a dwelling without a permanent foundation where connected to the required utilities and that includes the plumbing, heating, air conditioning and electric systems contained therein.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which said lot is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MONUMENT

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

NO-IMPACT HOME-BASED BUSINESS

No-impact home-based business shall be permitted in all residential districts of the Borough as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by-law or other document applicable to a common interest ownership community. A no-impact home-based business must satisfy the following requirements:

A.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B.

The business shall employ no employees other than family members residing in the dwelling.

C.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

D.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

E.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H.

The business may not involve any illegal activity.

NONCONFORMITY

A building or other structure, use or lot by which reason of design, size or use, does not comply with the applicable use or area and bulk requirements of this chapter or amendment thereto, heretofore or hereafter enacted where such nonconformity was lawfully in existence prior to the application of such ordinance or amendment to its location by reason of annexation.

OPEN-PIT MINING

All activity which removes from the surface or beneath the surface of the land some material, mineral, resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material or an undesirable one, or to remove the strata or material which overlays or is above the desired material in its natural condition and position. Open-pit mining includes, but is not limited to the excavation necessary for the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore.

OPEN SPACE

That part of a lot, parcel or tract which is unoccupied and unobstructed by any structure or impervious cover, except recreational and utility structures, which are permitted. The term "open space" shall not include any area designed, maintained or used for streets, roads, highways, driveways or parking areas.

OPEN SPACE, COMMON

A parcel or parcels of land within a tract which meets all of the following standards:

A.

Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;

B.

Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;

C.

Will be deeded to the Borough and/or deed restricted to permanently prevent uses of land other than common open space and noncommercial recreation; and

D.

Does not use any of the following areas to meet minimum open space requirements:

(1)

Existing or established future street rights-of-way;

(2)

Vehicle streets or driveways providing access to other lots;

(3)

Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Borough for agricultural preservation);

(4)

Off-street parking (other than that clearly intended for noncommercial recreation);

(5)

Area(s) needed to meet a requirement for an individual lot;

(6)

Area(s) deeded over to an individual property owner for his/her own exclusive use, except for land approved by the Borough for agricultural preservation;

(7)

Land beneath or within 50 feet of each side of each of the following:

(a)

Overhead electrical transmission lines of 35 kilovolts or greater capacity;

(b)

The towers/poles supporting such lines.

(8)

For land intended to be open to the public, that does not have provisions for entry with a twenty-foot minimum width by pedestrians from a street open to the public or from an adjacent common open space area that has access to such a street;

(9)

Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Borough Council would be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions;

(10)

Portions of land that have a width of less than 20 feet;

(11)

Land that includes commercial recreation uses, except as may specifically be permitted to be counted towards a common open space requirement by a specific provision of this chapter; and

(12)

Land that includes a central sewage treatment plant or a stormwater facility, except as provided for above.

PA DEP

The Pennsylvania Department of Environmental Protection, or its successors, and its subparts.

PARKING SPACE

A reasonably level space, having a surface slope not exceeding 5%, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways, driveways, or other means of circulation or access.

PARKING SPACES, ALL WEATHER

A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.

PennDOT

The Pennsylvania Department of Transportation, or its successor, and its subparts.

PERFORMANCE GUARANTEE

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

PLAN, FINAL

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

PLAN, PRELIMINARY

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

PLAN, RECORD

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

PLAN, SKETCH

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

PLAT

The map or plan of a subdivision of land, whether preliminary or final.

POULTRY

Domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks and geese, and among kinds chiefly of local interest, guinea fowl, pea fowl, pigeons, pheasants and others.

PRINCIPAL USE

The single dominant use or single main use on a lot.

Editor's Note: The former definition of "public notice," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

PUBLIC NOTICE

Notice published in any newspaper of general circulation in the Borough of Stockertown, once each week for two successive weeks, the first not more than 30 days and the second not less than seven days prior to any public hearing required by this chapter; such notice shall give time and place, and the nature of the matter to be considered.

PUBLIC STREET

A street which has been accepted for dedication by Stockertown Borough for public use.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

PUBLIC WATER

Water which is distributed by a municipality or a private company which is subject to control of the Pennsylvania Department of Environmental Protection and the Public Utility Commission, through a network of pipes and for which a fee is charged.

RADIO TOWER

A structure erected for the sole purpose of holding antennas to be used as an accessory use specifically for communications via radio by an individual or company holding a valid active radio license issued by the Federal Communications Commission.

RECREATION, ACTIVE

Those recreational pursuits, which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to playgrounds, ball courts, and swimming pools.

RECREATION LAND

Land dedicated to the Borough or other entity approved by the Borough for the use of the Borough's residents, which is suitable for active uses such as playing fields. Recreation lands shall not include areas within the one-hundred-year floodplain, power line or pipeline rights-of-way, quarries, road rights-of-way, buffer zones, or stormwater management facilities. Recreation lands shall not include areas characterized by wetlands, hydric soils, slopes in excess of 5%, or woodlands.

RECREATION, PASSIVE

Recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking.

RENTAL UNIT

An individual space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, or in a professional or commercial office building.

RESTAURANT

A place of business serving food and beverage prepared for consumption within a building, and providing table or sit-down service only, but not including outdoor counter service or curb service. The inside tables must seat comfortably a total of not less than 25 people.

RESTAURANT, DRIVE-THROUGH

A restaurant, or section thereof, which is designed to allow for the serving and pickup of food, without leaving the vehicle, for off-premises consumption.

RETAIL TRADE

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and vending services incidental to the sale of such goods, such as, but not limited to, hardware store, pharmacy, magazine/bookstore, florist or clothing store.

REVERSE FRONTAGE LOT

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

Editor's Note: See also the definition of "lot, reverse frontage."

RIGHT-OF-WAY

Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, "right-of-way" shall mean the future street right-of-way line.

ROAD

An open, public way for moving vehicles, persons or animals.

RUNOFF

That part of precipitation which flows over the land.

SALDO

The Stockertown Borough Subdivision and Land Development Ordinance of 2002.

Editor's Note: See Ch. 213, Subdivision and Land Development.

SANITARY LANDFILL

A lot or land or part thereof municipally operated and used primarily for the disposal of garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities. The operation of a sanitary landfill normally consists of:

A.

Depositing the discarded material in a planned controlled manner;

B.

Compacting the discarded material in thin layers to reduce its volume;

C.

Covering the discarded material with a layer of earth; and

D.

Compacting the earth cover.

SANITARY SEWAGE DISPOSAL, ON-LOT

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

SANITARY SEWAGE DISPOSAL SYSTEM, PUBLIC

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

SEDIMENTATION

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

SEWAGE DISPOSAL

A.

INDIVIDUAL

ÔÇö The disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Borough Sewage Enforcement Officer. Such system shall be totally within the confines of the lot on which the use is located, or shall be located within an easement designated for such purpose on another lot.

B.

CENTRAL/COMMUNITY COLLECTION AND TREATMENT (COLDS)

ÔÇö A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.

C.

PUBLIC SEWAGE SYSTEM

ÔÇö An 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.

SHED

Any structure not suitable for human habitation, used as a utility building but not a garage, whose maximum floor coverage does not exceed 200 square feet.

SHOPPING CENTER

The multiple use of a single property for a group of stores planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit.

SIDEWALKS

The portion of street located outside the cartway and includes a paved footpath; a walk for pedestrians along the side of a street or road.

SIGHT DISTANCE

The required length of roadway visible to the driver of a motor vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made between a point 3.5 feet above the center line of the road surface and a point 3.5 feet above the center line of the road surface.

SIGN

A structure, building wall or other outdoor surface, or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, or to display, identify and publicize the name and product or service of any person.

SIGN, ACCESSORY USE

Signs which identify or advertise home occupations.

SIGN AREA OR SIZE

The entire area within a single continuous perimeter enclosing the extreme limits of such sign, together with all moldings, battens, cappings, nailing strips, latticing and platforms which are attached and are part of the sign proper and/or forming an integral part of the display. Signs which are composed of letters, words or representations only and which do not form a square or rectangular pattern shall be considered to include in sign area a square or rectangle as drawn at the outer limits of the letters, words or representations.

SIGN, BUSINESS

A sign directing attention to a business, commodity, or service conducted, sold or offered upon the same premises as those upon which the sign is maintained.

SIGN, DEVELOPMENT

A sign indicating that the premises is in the process of being subdivided and developed for the construction of dwellings or other buildings.

SIGN, DIRECTIONAL

A sign conveying instructions with respect to the premises on which it is maintained, such as the entrance and exit of a parking area, a warning sign, a danger sign and similar information signs.

SIGN, DOUBLE-FACED

A sign with two or more faces which display the same message on each face, with each of the sign faces being parallel to one another or separated by an interior angle of no greater than 45┬░.

SIGN, FREESTANDING

A detached sign which shall include any sign, uprights or braces placed upon or in the ground and not attached to any building.

SIGN, ILLUMINATED

A non-flashing or non-twinkling sign which has characters, letters, figures, designs or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.

SIGN, OFFICIAL TRAFFIC

Signs erected by the Commonwealth of Pennsylvania Department of Transportation or the Borough of Stockertown which are designed to regulate traffic, describe road conditions, or supply direction.

SIGN, OFF-SITE DIRECTIONAL

Nonilluminated signs used to direct persons to civic or service clubs, churches, schools, nonprofit organizations or other public or quasi-public sites or facilities.

SIGN, OUTDOOR ADVERTISING BILLBOARD

A sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where such sign is located.

SIGN, PORTABLE

Signs that can either be attached or mounted on wheels or transported by flatbed trailer.

SIGN, REAL ESTATE

A temporary sign indicating the sale, rental or lease of the premises on which the sign is located.

SIGN, TEMPORARY NONPROFESSIONAL

A sign notifying or advertising a special event, such as festivals, concerts or exhibits.

SIGN, WALL

Any sign erected against the wall of any building, or displayed in windows or doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall, window or one door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.

SINGLE AND SEPARATE OWNERSHIP

The ownership of property by any person, partnership, or corporation, which ownership is separate and distinct from that of any adjoining property.

SOLID WASTES

All refuse including garbage and trash, and all material which is putrescible and originating from the preparation, cooking and consumption of food and market produce.

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XIV, § 250-110J, herein, only in situations where provisions therefor are specifically made by the terms of this chapter.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.

STORM SEWER

A system of pipes or other conduits which carries intercepted surface runoff, street water and other wash waters, or drainage, but excludes domestic sewage and industrial wastes.

STORMWATER MANAGEMENT PLAN

The plan for managing stormwater runoff adopted by Northampton County for the Bushkill Creek Watershed as required by the Act of October 4, 1978, P.L. 864 (Act 167), and known as the "Stormwater Management Act."

STORY

That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.

STREET

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

STREET RIGHT-OF-WAY LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line, provided that:

A.

The street right-of-way line shall be not less than 16 1/2 feet from the center line of any existing road or street; and

B.

Where a future right-of-way width for a road or street has been officially established, then the street right-of-way shall be the side line of the future right-of-way so established.

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building, or other structure, such as the bearing wall, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure; or adapt it to a different use, or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

STRUCTURAL UNIT

One or more buildings enclosed by continuous exterior walls and a continuous roof.

STRUCTURE

Any man-made object having an ascertainable stationary location on, below or in land or water, whether or not affixed to the land, subject to the following specific standards:

A.

The following specifically shall be considered to be structures: buildings; signs; stadiums; platforms; communications towers; walkways, porches or decks that are structurally raised above the underlying ground level or that are covered by a permanent structure; swimming pools (whether above or below ground); storage sheds; carports; and garages; post- or pier-mounted lights; brick or masonry piers; walls; non-portable basketball backboards; fences and gates.

B.

Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.

STUB STREET

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

SUBDIVISION

The division or re-division 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 of building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or residential dwellings shall be exempted.

SUBDIVISION, MINOR

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

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

A.

Before the improvement or repair is started; or

B.

If the structure has been damaged, and is being restored, before the damage occurred.

SURVEYOR

A licensed surveyor registered by the Commonwealth of Pennsylvania.

SWIMMING POOL

A structure, above or below ground level, for the purpose of containing water to a depth, at any point, in the excess of two feet and intended primarily for recreation, without regard to material of its construction.

TRAILER CAMP

Any land used or designated to be used as a temporary parking space for more than one house trailer, or dependent mobile home; not a permitted use.

USE

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, or occupation carried on, or intended to be carried on, in a building or other structure or a tract of land.

USED CAR LOT

Any land used or occupied for the purpose of buying and selling secondhand motor vehicles and storing said motor vehicles prior to sale, but excluding body and fender repair, painting, and the sale of fuel or lubricants for motor vehicles.

VARIANCE

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XIV, § 250-110I, herein, constituting a modification of, or deviation from the exact provisions of this chapter as applied to a specific piece of property.

WALKWAY, PUBLIC

Any space designed or maintained solely for public pedestrian use, without regard to ownership.

WATERCOURSE

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

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or in the boundaries of the Commonwealth of Pennsylvania.

WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT

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

WATER SUPPLY AND DISTRIBUTION SYSTEM, PUBLIC

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

WETLANDS

Areas that are inundated or saturated by surface 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, or as specifically described under the official federal definition of "wetland."

WHOLESALING

A commercial activity comprising the sale of commodities in large quantities or in bulk, as to retailers or jobbers, rather than to consumers directly, including the warehousing, loading and unloading, and shipping of such commodities.

WINDMILL

A structure for the purpose of generating energy by utilizing wind-driven blades.

WOODLAND

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

YARD, FRONT

A yard parallel to a street line for a street from which the lot has access or which abuts the lot, and extending the entire width of the lot. In the case of a corner lot, the yards extending along all streets are front yards and the remaining yards shall include a rear yard, opposite the street to which the principal building is generally faced, and a side yard opposite the other street. In the case of an interior lot, the front yard shall extend along the front lot line the entire width of the lot and shall not include any portion of the right-of-way or accessway connecting the lot with the street.

YARD, REAR

A yard extending the full width of the lot along the rear lot line.

YARD (SETBACK)

A prescribed open area around the inner periphery of a lot, in which no building or structure shall be created, except for permitted signs and fences; a yard extends parallel to lot lines and street lines, and is measured as a distance perpendicular to lot and street lines.

ZONING HEARING BOARD

The Zoning Hearing Board of Stockertown Borough.

ZONING OFFICER

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

ZONING PERMIT

A permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter, which authorizes an applicant to proceed with said use, building or structure.