Words in the present tense include the future tense, words in
the masculine gender include the feminine, words in the singular include
the plural and those in the plural include the singular.
A.Â
Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings indicated below:
B.Â
List of terms. The general terms are as follows:
(1)Â
The words "person," "developer," "subdivider" and "owner" include
a corporation, unincorporated association and a partnership or other
legal entity, as well as an individual.
(2)Â
The word "street" includes thoroughfare, avenue, boulevard, court,
drive, expressway, freeway, parkway, highway, lane, alley and road.
(3)Â
The word "building" includes structures and shall be construed as
if followed by the phrase "or part thereof."
(4)Â
The term "erect" shall mean to build, construct, alter, repair, display,
relocate, attach, hang, place, suspend, affix or maintain any building.
(5)Â
The term "occupied" or "used," as applied to any building, shall
be construed as though followed by the words "arranged," "designed,"
"constructed," "altered," "converted," "rented," "leased" or "intended
to be occupied or used."
(6)Â
The word "lot" includes "plot," "parcel," "tract," "site" or any
other similar term.
(7)Â
The word "watercourse" includes "channel," "creek," "ditch," "drain,"
"dry run," "river," "spring" or "stream."
(8)Â
The word "abut" shall include the words "directly across from."
(9)Â
The words "should" and "may" are permissive.
(10)Â
The words "shall" and "will" are mandatory and directive and
are not discretionary.
A.Â
Where terms or words are not specifically defined, they shall have
their ordinarily accepted meanings or such as the context may imply.
B.Â
If a term is not defined by this chapter, but is defined by the Zoning
Ordinance,[1] then the definition in the Zoning Ordinance shall apply
to this chapter. If a term is not defined by this chapter or the Zoning
Ordinance, but is defined by the Stormwater Management Regulations,[2] then the definition in the Stormwater Management Regulations
shall apply to this chapter. If a term is not defined by this chapter,
the Zoning Ordinance, or the Stormwater Management Regulations, but
is defined by the Township Street Specifications,[3] then the definition in Street Specifications shall apply
to this chapter.
Terms and words used herein, unless otherwise expressly stated,
shall have the following meanings:
Any and all physical additions or changes, set forth on an
approved plan, to the land, buildings or structures that may be necessary
to provide usable and desirable lots, building areas, parking areas,
streets, drives, sidewalks, drainage facilities and/or residential,
commercial, industrial and/or recreational uses.
A landowner, subdivider or developer, as herein defined,
who has filed an application for a subdivision of land, a land development,
a zoning or building permit or for a public hearing, including his
heirs, successors and assigns.
An application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a zoning
or building permit and for review of a subdivision or development
plan.
The quantity of land projected on a horizontal plane enclosed
by boundaries of a defined lot, parcel or tract of land, unless otherwise
stated.
A legal entity pursuant to the Act of June 19, 2001 (P.L.
287 No. 22), known as the "Pennsylvania Municipal Authorities Act."[1]
A tract of land, a lot or groups of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses, boundary line
of the Township, unsubdivided land or any combination of the above.
That portion of a block or lot which fronts on a single street.
The Board of Supervisors of Middle Smithfield Township, Monroe
County, Pennsylvania.
A strip of land which may be a part of the minimum yard distance,
free from any principal or accessory building other than suitable
screening.
A planned development, under single ownership, for rental
or lease only, of sites for use as tent and/or recreational vehicle
camping, on a temporary basis only, with or without recreational and/or
service facilities.
That portion of a street right-of-way, paved or unpaved,
intended for vehicular use (includes shoulders).
An area of unobstructed vision at the street intersection defined by lines of sight at a specified height above the proposed grade to a point at a specified height above the proposed grade of the center of the approaching lane at a given distance from the intersection of the street center lines. See § 170-62.
An area of land to be developed for a number of dwelling
units, the development plan for which does not correspond in lot size
and lot coverage to the regulations established in any one zoning
district created from time to time under the provisions of the Zoning
Ordinance.[2]
The Township Planning Commission.
A parcel or parcels of 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 residents of the development, and which meets all of required standards for common open space as provided in § 170-70K.
The County of Monroe, Commonwealth of Pennsylvania.
The Monroe County Planning Commission.
A strip of land, including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
A street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
Calendar days, unless otherwise stated.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
The total number of dwelling units per acre, computed by
dividing the total number of dwelling units proposed by the total
number of acres to be developed.
The Pennsylvania Department of Environmental Protection.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a land
development.
The graphic maps and related information that shows proposed
development of a planned residential development, cluster housing
development, manufactured/mobile home park, campground, shopping center
or other facility, 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 or elements of a development
plan," when used in this chapter, shall mean the written and graphic
materials referred to in this definition.
A portion of the Township, within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of the Zoning Ordinance.[3]
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road.
A right-of-way set forth, but not dedicated, for a limited
use of private land within which the lessee or owner of the property
shall not erect any permanent structure.
The application of the reviewing and/or approving authority's
seal and the signatures of the appropriate authority on the approved
plan.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The uses of a lot or structure at the time of enactment of
this chapter.
The flood hazard area is that land, adjoining any perennial
stream or adjoining any wetlands, ponds or lakes, designated as such
on the latest Federal Insurance Rate Maps (FIRM).
The completed surfaces of lawns, walks, parking areas and
roads brought to grades as shown on final approved plans.
An organization operating under recorded agreements through
which:
Each lot and/or home or unit owner in a planned or other described
land area is automatically a member.
Each lot or unit is automatically subject to charge for a proportionate
share of expenses for the organization's activities, such as maintaining
a common property, and the charge, if unpaid, becomes a lien against
the property.
An agreement in a form and manner acceptable to the Township
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
Those physical additions and changes to the land that may
be necessary to provide usable and desirable lots or to a building
to bring it within the desires of the owner. Required improvements
shall be those as are listed in this chapter as requirements for the
subdivision or land development.
Includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
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.
A subdivision of land.
Note: The above definition shall include, but is not limited
to, the following:
Development in accordance with the following is not considered
a land development:
The conversion of a single-family detached dwelling or two-family
attached dwelling into not more than three residential units.
The addition to an existing commercial building or the addition
of an accessory building, including farm buildings, on a lot or lots,
subordinate to an existing principal building; provided that the addition
or accessory building does not:
Land development plans depict uses defined as land developments and shall be submitted, reviewed and acted on pursuant to Article IX of this chapter.
The legal, equitable 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 conditions or is recorded
in the office for the Recorder of Deeds), a lessee, if he is authorized
under the lease to exercise the rights of the landowner, or other
persons having a proprietary interest in the land.
A tract or parcel of land, regardless of size, intended or
available for transfer of ownership, use, lease or improvements or
for development, regardless of how it is conveyed, the dimensions
and extent of which are determined by the latest official records
or by the latest approved map of a subdivision of which the lot is
a part. ("Lot" shall also mean plot, site or any similar term.)
LOT, BUILDINGA lot intended for the erection of a principal use building.
LOT, CORNERA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°.
LOT COVERAGEA percentage which when multiplied by the lot area will determine the permitted building area for all structures and/or buildings.
LOT DEPTHThe mean average horizontal distance between the front and rear lot lines.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut on a street.
LOT, NONBUILDINGA lot intended or used for an accessory use to a principal use not located on the same lot.
LOT OF RECORDA lot which existed as shown or described on a plat or deed and duly recorded in the office of the Recorder of Deeds of Monroe County, at the effective date of the original adoption of this chapter.
LOT, THROUGHA lot which fronts upon two parallel or approximately parallel streets which do not intersect at the boundaries of the lot.
A rod that is used to mark an exact location and which meets the requirements of § 170-77.
An agreement in a form and manner acceptable to the Board
of Supervisors requiring the developer of required improvements to
make any repairs or reconstructions and to maintain such improvements
for a certain period.
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that required improvements shall be maintained by the developer. (Note:
These guarantees typically include acceptable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements.)
A parcel of land in a manufactured/mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the erections thereon of a single manufactured/mobile home.
A lot which has been designed or developed for two or more
manufactured/mobile homes.
A waiver, granted by the Board of Supervisors, from a specific requirement of these Subdivision and Land Development Regulations where authorized by the standards of § 170-182.
A permanent marker meeting the requirements of § 170-77 and that is intended to mark the locations of lot lines, street rights-of-way and other features.
The Pennsylvania Municipalities Planning Code, as amended.[4]
The acreage of a lot, tract or parcel of land that does not
include any street right-of-way or any other permanent drainage or
utility easement that serves multiple lots, but which may include
standard easements that are typically located on individual lots.
The Official Map as may be adopted as an "Official Map" by
the Township Board of Supervisors pursuant to the MPC, and which may
show proposed transportation improvements, public grounds and similar
features.
The definition in the MPC shall apply.
Unoccupied space open to the sky and on the same lot or parcel
with the principal use.
That part of a subdivision or land development that does
not include any of the following: street rights-of-ways, parking areas,
required lot or yard areas, or areas occupied by buildings.
The Commonwealth of Pennsylvania.
Parking facilities shall consist of areas with Township-approved
surfaces used for the storage of vehicles or of specially designed
portions of buildings used for the same purposes.
Any off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways and maneuvering
space appurtenant thereto.
Any off-street space available for parking of one motor vehicle
and meeting Township standards, exclusive of driveways, passageways
and maneuvering space appurtenant thereto.
A firm, smooth surface for travel consisting of Township-approved
materials and depths.
ALL-WEATHER SURFACEEither paved as above or surfaced with crushed stone or shale constructed to sustain traffic during all kinds of weather. (All-weather surface of crushed stone or shale shall not be considered pavement, pave or paving.)
The Pennsylvania Department of Transportation.
A written instrument which may be accepted by the Board of Supervisors in lieu of a requirement that certain improvements be made by a subdivider or developer before the record plan is endorsed and released for recording or prior to the issuance of a certificate of occupancy, which shall provide for the deposit with the Township of financial security in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to: streets, sanitary sewage facilities, water supply and distribution facilities, stormwater management facilities, recreational facilities, open space improvements and buffer or screen planting which may be required. See § 170-84.
A map or drawing indicating the development or subdivision
of a parcel of land in its various stages.
The Planning Commission of Middle Smithfield Township, unless
a specific reference is made to another Planning Commission.
A professional community planner appointed by the Board of
Supervisors as the Planning Consultant to Middle Smithfield Township.
An abbreviation for planned residential development. See
the definition in the Zoning Ordinance.[5]
A single-family dwelling exceeding 20 feet in width designed
for transportation after fabrication on streets and highways on its
own wheels or on a flatbed trailer and arriving at a site ready to
be occupied as a dwelling except for assembly operations and location
on a permanent foundation and connection to utilities, and which is
not constructed under United States Manufactured Housing Standards.
All areas that have any of the following features: slopes
of 25% or greater, areas within the one-hundred-year floodplain and
wetlands.
A building in which is conducted the main or principal use
of the lot or tract of land on which the building is located.
The primary or predominant use of any lot or tract of land
or structure.
Includes:
A formal meeting held pursuant to public notice by the governing
body, Zoning Hearing Board or Planning Commission, intended to inform
and obtain public comment, prior to taking action in accordance with
the MPC, as amended.
A forum meeting held pursuant to notice required under the
MPC.
The definition in the MPC shall apply.
The operation and ownership of a building, structure or land
by a governmental body for public purpose of an administrative or
service nature.
A private corporation or municipal authority with a franchise
for providing a public service which operates under the regulation
of federal, state and/or local government.
Telephone, electric and cable television lines, poles, equipment
and structures; water and gas pipes, mains, valves, pumping stations
or structures; telephone exchanges and repeating stations; and all
other facilities, equipment and structures necessary for conducting
a service by a public utility.
A recreational facility operated as a business and open to
the public for a fee.
A recreational facility operated as a private facility open
only to members and guests of an organization operating the facility,
as an accessory to a commercial establishment and open only to customers
and guests of the commercial establishment operating the facility,
or as an accessory use to an individual residence or a group of neighborhood
residences.
A recreational facility operated as a nonprofit enterprise
by a governmental entity and open to the general public.
A truck-mounted camper, an auto, a truck, van or bus built
or adapted to vacation living, a floating houseboat, tent camper or
other similar device used for temporary portable housing.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding sources of energy used in the fission and fusion
processes.
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
Any resubdivision or replatting of land which includes changes
to a recorded plan.
Lots which front on one public street and back on another
with vehicular access from only one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
See "cartway."
The Middle Smithfield Subdivision and Land Development Ordinance, as amended, Chapter 170 of the Code of Ordinances of the Township of Middle Smithfield.
A public and/or private utility system designed to collect,
centrally treat and dispose of sewage from users in compliance with
DEP regulations.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot for one dwelling unit or
one building located on the lot.
A strip of land that is densely planted with shrubs and trees
and which meets the requirements for screening in Township ordinances
or a solid fence or wall that may be allowed to be used in certain
cases in lieu of plantings under Township ordinances.
Areas of 15% to 25% slope, historic buildings, creek valleys
and other natural and cultural assets on a tract of land.
The required length of roadway visible to the driver of a
passenger vehicle at any given point on or at any given height above
the roadway when the view is unobstructed by traffic.
The ownership of a lot, tract or parcel of land by one or
more persons, partnerships or corporations, which ownership is separate
and distinct from that of any adjoining lot, tract or parcel by either
a separate deed or a separate lot, tract or parcel in the same deed.
Includes regrading of the existing topography, filling of
lakes, ponds, marshes or floodplains, extensive clearing and grubbing
of existing vegetation or trees, mineral extraction and altering of
watercourses.
A public or private right-of-way, excluding driveways, intended
for use as a means of vehicular and pedestrian circulation which provides
a means of access to abutting property.
The word "street" includes thoroughfare, avenue, boulevard,
court, drive, expressway, freeway, parkway, viaduct, highway, lane,
alley, road and other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private.
To be classified as a "street," the right-of-way must be set
forth and must meet the criteria of a type of street as set forth
in this chapter (minor, local access, etc.).
For street classifications, see § 170-45.
The line determining the limit of the rights of the public.
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.
Includes the division or redivision of a lot, tract or parcel
of land by any means into two or more lots, tracts or parcels of land
or other divisions of land, including changes in existing lot lines
for the purpose, whether immediate or future, of lease, partition
by the court for distribution to heirs or devisees, transfer of ownership
or building or lot development, further classified and defined as
follows:
MINOR SUBDIVISIONDivision of land under any of the following classifications:
A division of any part, parcel or area of land which contains
no more than five new lots which have a frontage on an existing recorded
and approved, private or public, street or road.
A division of any part, parcel or area of land which contains
no more than two new lots served by a private access street.
A division of any part, parcel or area of land for the purpose
of joining or annexing a lot to an existing lot, parcel or tract of
land, provided that a covenant running with the parcel to be conveyed
joins it with and makes it an inseparable part of the parcel to which
it is joined.
MAJOR SUBDIVISIONAny subdivision which does not qualify as a "minor subdivision."
EXEMPTED SUBDIVISIONThe 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 any residential dwelling shall be exempted from the provisions of the SALDO.
The term "subdivision" shall also refer, as appropriate within
the context in the SALDO, to the process of subdividing land or to
the land proposed to be subdivided.
Where, in the judgment of the Township Engineer, at least
90% of those improvements required as a condition for final approval
have been completed in accordance with the approved plan so that the
project will be able to be used, occupied or operated for its intended
use.
The Board of Supervisors of Middle Smithfield Township.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
Middle Smithfield Township, Monroe County, Pennsylvania.
A professional engineer licensed as such by the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Middle Smithfield
Township by the Board of Supervisors.
A professional community planner duly appointed as the Planning
Consultant for Middle Smithfield Township by the Board of Supervisors.
The portion of the traveled way of any street or road intended
for the movement of a single line of vehicles.
A vehicular, portable structure build on a chassis, designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified "travel trailer" by the manufacturer
of the vehicle and, when factory equipped for the road, having a body
width not exceeding eight feet and being of any length, provided that
its gross weight does not exceed 4,500 pounds, or being of any weight,
provided that its body length does not exceed 29 feet.
See "campground."
The portion of a road cartway used for steady movement of
vehicles.
Any unenclosed portion of the area of a lot which is not
devoted to driveways, parking spaces or principal buildings, but which
may include common noncommercial recreation structures such as picnic
shelters or pavilions and which is suitable for its intended recreational
use by the occupants of the principal building or buildings.
The specific purpose for which land or structures are designed,
arranged, intended or occupied, or any activity, occupation, business
or operation which may be carried thereon.
A vehicle designed for recreational use, used for temporary
living or sleeping purposes, which is self-propelled or is designed
to be towed by a light-duty vehicle.
A public or private utility system designed to supply and
transmit water from a common source to two or more users in compliance
with DEP regulations.
A system for supplying and transmitting water to a single-family
dwelling or other buildings from a source located on the same lot
in compliance with DEP regulations.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and may be permanent in nature, or it may originate from
a temporary source such as runoff from rain or melting snow.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and which under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions.
The agent or official designated by the Board of Supervisors
to administer and enforce the Zoning Ordinance.
The Zoning Ordinance of Middle Smithfield Township.[6]
