[Ord. 1998-5, 7/20/1998, §§ 2.200-2.433; as
amended by Ord. 2000-2, 1/10/2000, § 1; by Ord. 2000-9,
6/19/2000, § 1; by Ord. 2000-14, 12/7/2000, § 1;
by Ord. 2001-1, 2/26/2001, § 1; by Ord. 2002-7, 9/16/2002,
§§ 1, 2; by Ord. 2006-10, 11/14/2006, § 1(r);
by Ord. 2009-2, 3/3/2009, § 5; by Ord. 2010-11, 11/15/2010,
§§ 1, 2; by Ord. 2011-8, 11/1/2011; by Ord. 2012-1,
2/23/2012, § 1; by Ord. 8-2012, 10/16/2012; by Ord. 2-2014,
12/16/2014; by Ord. 3-2016, 12/20/2016; and by A.O.]
ABUT
A term which includes "adjacent," "contiguous," "touching"
or "directly across from."
ACCESSORY USE OR STRUCTURE
A building or use customarily incidental to the use of the
principal building and located on the same lot as the principal building
or use.
ACTIVITY
An economic unit and/or land use unit designated in and defined
in the classification system given in the 1987 Standard Industrial
Classification (SIC) Manual published by the U.S. Department of Commerce,
Office of Federal Statistical Policy and Standards.
ADULT BOOK, VIDEO STORE OR ESTABLISHMENT
An establishment having a portion of its stock-in-trade,
including, but not limited to, books, magazines, photographs, video
tapes, computer disks or other materials which are distinguished by
their emphasis on matter depicting, describing or relating to "sexually
oriented obscene materials" as defined herein.
ADULT THEATER
An enclosed building or outdoor theater used for presenting
motion pictures, slides, video tapes, disks, or other reproduced images
or for live activities or uses, distinguished or characterized by
an emphasis on, matter depicting, describing or relating to "obscene
materials" as defined herein.
AFFORDABLE DWELLING UNIT
A dwelling unit designed to be affordable for households
with no more than 80% of the median household income in Monroe County
as determined by the most recent date issued by the United States
Census Bureau. The Census median income data shall be adjusted by
a standard U.S. government measurement of inflation to update the
median income to the present.
AGE RESTRICTED DWELLING UNIT
A dwelling unit restricted to occupancy for at least one
person 55 years of age or older and with no person less than 19 years
of age pursuant to the Housing for Older Persons Act of 1995, 46 U.S.C.
§ 3601 et seq., as may be amended. For the purposes of this
chapter, such dwelling unit is not located in a facility where health
services are provided to occupant(s) including, but not limited to,
assisted living facilities, continuing care retirement communities,
skilled nursing care facilities, intermediate care facilities, nursing
and personal care facilities, residential care facilities and convalescent
homes.
AGE-RESTRICTED HOUSING
Dwelling unit(s) restricted to occupancy for at least one
person 55 years of age or older and with no person less than 19 years
of age pursuant to the Housing for Older Persons Act of 1995, 46 P.S.
§ 3601 et seq., as may be amended. For the purposes of this
chapter, such dwelling unit(s) is not located in a facility where
health services are provided to occupant(s) including, but not limited
to, assisted living facilities, continuing care retirement communities,
skilled nursing care facilities, intermediate care facilities, nursing
and personal care facilities, residential care facilities and convalescent
homes.
AGRICULTURAL CROP PRODUCTION
The production, harvesting and preparation of agricultural,
agronomic, horticultural, silviculture, and aquaculture crops and
products, with the intent of producing capital gain, or profit, that
is not defined as "intensive agriculture." Crop production for personal
consumption and/or domestic purposes pursuant to the regulations of
this chapter shall not be construed as agricultural crop production.
[Added by Ord. No. 7-2019, 10/15/2019]
AGRITOURISM ENTERPRISES
Activities conducted on a working farm and offered to the
public or invited groups for the purpose of recreation, education,
or active involvement in the farm operation. These activities must
be directly related to agriculture or natural resources and incidental
to the primary operation of the farm/site.
ALLEY
A type of public or private street having a width of not
more than 20 feet which affords only secondary means of access to
abutting property.
ALTERATION
See "site alteration and structural alteration."
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers used for wireless communication.
AMENDMENT
A change in the wording, context or substance of this chapter,
or a change in the district boundaries upon the Zoning Map.
ANIMAL EQUIVALENT UNIT (AEU)
1,000 pounds live weight of livestock or poultry animals
regardless of the actual number of individual animals comprising the
unit; provided, however, that if the state or federal agency having
jurisdiction over regulating concentrated animal operations (CAOs)
and concentrated animal feeding operations (CAFOs) revises the definition
of "animal equivalent unit," then this term shall be interpreted in
accordance with such regulations.
[Added by Ord. No. 7-2019, 10/15/2019]
ANIMAL EQUIVALENT UNIT PER ACRE
An animal equivalent unit per acre of crop land or acre of
land suitable for application of animal manure.
[Added by Ord. No. 7-2019, 10/15/2019]
ANIMAL HUSBANDRY
The raising and/or keeping of livestock, poultry, or customary
household pets with the intent of producing capital gain, or profit,
or with the intent of selling any livestock or poultry products, that
is not defined as "intensive agriculture." The keeping of livestock
or poultry for domestic purposes or the keeping of customary household
pets, pursuant to the regulations of this chapter, shall not be construed
as animal husbandry. The exhibition or exposure of animals to the
general public or other use of animals by the general public as a
commercial activity shall be defined as an entertainment or recreational
land use and not animal husbandry.
[Amended by Ord. No. 7-2019, 10/15/2019]
ANIMATION
Copy or other images that flash or move or otherwise change
at intervals of more than once each six seconds. See also "movement."
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna
to the highest point of the antenna.
APARTMENT
A leased dwelling unit which is part of a multifamily dwelling;
a residential space that does not meet all of the criteria of a dwelling
unit, but is intended to serve as a place of shelter for human beings
in a section of a larger structure. This may include single room occupancy
multifamily dwellings. This may also include residential living space
within a single-family dwelling that is set aside for roomers as a
home occupation, accessory use where such space does not meet all
of the criteria of a dwelling unit.
ARCHITECTURAL DETAIL
Any projection, relief, cornice, column, change of building
material, window, or door opening on any building.
ARCHITECTURAL, SCENIC OR HISTORIC AREA
An area that contains unique visual or historic characteristics
or whose natural beauty requires special street graphic regulations
to ensure that all street graphics displayed within the area are compatible
with the area.
BASEMENT
A story in the building, the structural ceiling of which
is more than 1/2 above the average level of finished grade abutting
the exterior wall(s), and the floor level of which is below finished
grade at all points on the periphery of the building.
BED-AND-BREAKFAST
An owner-occupied single-family detached residence which
contains six or fewer bedrooms used for providing overnight accommodations
to the public and in which breakfast is included in the charge for
the room.
BOARD
The Zoning Hearing Board of Stroud Township.
BOARDING HOUSE
A situation in which an owner of a dwelling rents at least
one but not more than six rooms for residential purposes and furnishes
meals for compensation.
BUFFER
Any device or material used to reduce the impact of one land
use activity upon another land use activity. An effective buffer (screening)
includes a mound, wall, fence and/or dense screen planting composed
of trees, shrubs, and vegetative ground cover to the full length of
the lot line to serve as a barrier to visibility, air borne particles,
glare and noise throughout the year.
BUFFER STRIP
A strip of land which includes an effective buffer and may
be a part of the minimum yard distance, free from any principal or
accessory building, driveway, parking, or outdoor storage.
BUFFER YARD
A section of a yard that includes a buffer strip.
BUILDING
Any structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property.
BUILDING HEIGHT
The vertical distance measured from the average level of
the highest and lowest portion of the building site at the building
foundation corners to the highest point of the building excluding
a chimney or other similar structures or structural element.
BUSINESS
Any enterprise, occupation, trade or profession. The term
"business" shall include the occupancy or use of a building or lot,
or any portion thereof for the transaction of business or the rendering
or receiving of professional services.
LARGE SCALE BUSINESS — Any business land use that generates
2,000 or more automobile trip ends per week and/or 100 truck, bus
or other vehicle trip ends per week. A business development that involves
a structure with at least 100,000 square feet of floor area shall
also be considered large scale.
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SMALL SCALE BUSINESS — Any business that does not qualify
as a large scale business.
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CAMP/CAMPGROUNDS
A lot on which temporary shelters (such as tents, campers
or other recreational vehicles) are erected or parked.
CAMPUS STYLE COMMERCIAL DEVELOPMENT
A style of commercial development typified by low-rise, large
footprint structures. The structures are well separated from other
structures by generous landscaping and equally generous landscaped
parking lots. Campus style commercial developments are often regulated
by covenants and restrictions which are intended to supplement local
ordinances. These covenants and restrictions generally address such
things as setbacks, landscaping, parking requirements, permitted and
restricted uses, site coverage, acceptable building materials, etc.
CARPORT
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the finished grade of the
adjoining ground.
CHILD DAY-CARE CENTER (SIC 8351)
The premises in which care is provided at any one time for
seven or more children unrelated to the operator. This child care
is in lieu of care by the parent or guardian for part of a twenty-four-hour
day. The term does not include care of related children, foster children,
nor on-site training in the case of a student who is fulfilling the
requirements of a secondary, post secondary child care training or
educational curriculum. The Pennsylvania Department of Welfare is
responsible for licenses and regulations of child day-care centers.
CHRISTMAS TREE FARM/CUT YOUR OWN
A working farm that grows various types of trees used in
celebrating Christmas where sales are made directly to the public
and where the customers cut their own trees or select trees for cutting
by the owner.
CLUB, PRIVATE
An association of persons for some common object, usually
jointly supported and meeting periodically; the meeting place of a
club, excluding commercial clubs.
CO-LOCATION
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or the placement of several mounts
on an existing building by more than one carrier (horizontal co-location).
COMMISSION
The Stroud Township Planning Commission.
COMMON FACILITIES
All the real property and improvements, owned in common by
residents within the development, which is served by the facilities.
Common facilities include, without limitation, landscaped areas, buffers,
greenway land not included within title lines of any privately owned
lot, and street rights-of-way not dedicated to the Township.
COMMON GREEN
An area of greenway land, surrounded by streets on at least
two and often three or four sides, around which dwellings are organized.
COMMON OPEN SPACE
A parcel or parcels of land or a combination of land or water
area within a development site not including streets, off-street parking
areas, private yard space, and areas set aside for nonresidential
and public facilities. Common open space shall be substantially free
of structures but may contain such improvements as are in the development
plan as finally approved by the Supervisors and as are appropriate
for recreational use or enjoyment by the a residents of the development
site.
COMMUNICATIONS ANTENNAS
Any device used for the transmission or reception of radio,
telephone, wireless telephone, pager, commercial mobile radio service,
or any other wireless communications signals, including, but not limited
to, 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 no greater than 400 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antenna.
This definition does not include any structure erected solely for
a residential, noncommercial, individual use such as television antenna,
satellite dish, or amateur radio antennas.
COMMUNITY ASSOCIATION
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. Homeowners associations and condominium associations
are types of community associations.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
Any agricultural operation with greater than 1,000 animal
equivalent units; a concentrated animal operation with greater than
300 animal equivalent units; or any agriculture operation defined
as a large concentrated animal feeding operation under the Code of
Federal Regulations [40 CFR 122.23(b)(4)]. If the state or federal
agency having jurisdiction over regulating CAOs and CAFOs revises
the definition of "concentrated animal feeding operation," then this
term shall be interpreted in accordance with such regulations.
[Added by Ord. No. 7-2019, 10/15/2019]
CONCENTRATED ANIMAL OPERATION (CAO)
An agricultural operation with eight or more animal equivalent
units (AEUs) where the animal density exceeds two AEUs per acre on
an annualized basis. If the state or federal agency having jurisdiction
over regulating CAOs and CAFOs revises the definition of "concentrated
animal operation," then this term shall be interpreted in accordance
with such regulations.
[Added by Ord. No. 7-2019, 10/15/2019]
CONDITION
The adaptation or modification required so as to conform
with any regulatory requirement.
CONDITIONAL USE
A use allowed under the provisions of this chapter as authorized
in specific instances listed, and under the terms, procedures and
conditions herein. Conditional uses are administered by the Board
of Township Supervisors.
CONDOMINIUM
A type of ownership which may be related to various types
of land use activity permitted under this chapter in which:
A.
A dwelling unit(s) or nonresidential unit(s) is individually
owned.
B.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with Pennsylvania
Uniform Condominium Act No. 1980-82, P.L. 286 as amended by Act No.
1992-168 and in accordance with the provisions for open space, roads,
or other development features as specified in this chapter and the
Township's subdivision and land development regulations.
CONSERVATION AREAS, PRIMARY (PCA)
Lands upon which primary resources are located in conservation
subdivisions. All primary conservation areas are required to be located
within greenway lands.
CONSTRAINED LAND
Selected resources listed in this chapter, multiplied by
a protection factor and totaled.
CONVERT
To change or adapt land or structure to a different use,
occupancy or purpose.
CURATIVE AMENDMENT
A proposed zoning amendment to cure an alleged invalidity
of this chapter or Official Zoning Map.
CUSTOMARY HOUSEHOLD PETS
Domestic animals typically kept as pets such as dogs, cats,
small birds, gerbils, rabbits and other animals commonly sold in retail
pet shops, excluding fish. For purposes of this chapter, chickens
shall not be considered customary household pets.
[Added by Ord. No. 7-2019, 10/15/2019]
DAY-CARE CENTERS
Refer to definitions for "adult day care," "older adult daily
living center" and "child day-care center."
DECK
See definition of "patio" and "porch."
DECOMMISSIONING
The removal of all solar energy system components, buildings,
cabling, electrical components, roads, foundations, and any other
associated facilities.
DENSITY
A measure of the number of dwelling units which occupy, or
may occupy, an area of land. For PRD or cluster developments, maximum
residential density is the same as gross project density. Gross project
density is calculated by dividing the maximum total dwelling units
permitted in the zoning district by the total area of the development.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of this chapter or applications thereunder.
DIRECTIONAL ANTENNA
An antenna that transmits and/or receives radio frequency
signals in a directional pattern of less than 360°.
DISTRICT OR ZONE
A portion of the territory of the municipality within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of the chapter.
DISTURBANCE
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land developments, agricultural
plowing, or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock, or earth materials.
DOMICILIARY CARE HOME
A premises certified by the local area agency on aging (AAA)
for the purpose of providing a supervised living arrangement in a
homelike setting for a period exceeding 24-consecutive hours to elderly
and/or handicapped clients placed there by the AAA. Domiciliary care
homes are required to comply with the Pennsylvania Department of Aging
permit regulations.
DWELLING
Any building or portion thereof, designed or used exclusively
as the residence for one or more persons. The term "dwelling" shall
not be deemed to include motel, rooming house, boarding house, tourist
home, dormitory, fraternity, sorority house or other group residence,
camps and campgrounds as defined herein. In this chapter, minimum
floor space for human habitation shall also define the minimum size
of dwellings.
DWELLING, SINGLE-FAMILY DETACHED — A detached building,
designed for or occupied exclusively by one family, except for a mobile
home as defined below.
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DWELLING, MOBILE HOME — A transportable, single-family
dwelling intended for permanent occupancy, contained in one unit or
in two or more units designed to be joined into one integral unit
capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation.
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DWELLING, MULTIFAMILY — A building designed for occupancy
of families living independently of each other and containing three
or more dwelling units or apartments per building. Low-rise multifamily
dwelling structures shall include townhouses (single-family semi-attached),
garden apartments and other housing types not exceeding three stories
in height. High-rise multifamily structures shall include elevator
structures exceeding three stories in height.
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QUADRAPLEX DWELLING — This is a multifamily structure
with four single-family attached housing units. The attachment includes
more than one common vertical wall between two single-family dwellings.
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DWELLING, TWO-FAMILY — A detached, semi-attached building
with not more than two individual family or dwelling units entirely
separated by vertical walls or horizontal floors, unpierced except
for access to the outside or to a common cellar.
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DETACHED TWO-FAMILY DWELLING — A two-family detached building
includes a horizontal separation between the two separate dwelling
units.
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SEMI-ATTACHED TWO-FAMILY DWELLING — A semi-attached (semidetached)
building that includes a common vertical wall between two single-family
dwelling units.
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RECREATIONAL VEHICLES — Recreational vehicles shall not
be deemed to be dwellings.
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DWELLING UNIT (HOUSING UNIT)
One or more rooms intended to be occupied by one family as
separate living quarters containing sanitary facilities, kitchen facilities,
and having direct access from the outside or through a common hall.
EARLY CHILD CARE AND EDUCATION CENTER
A child day care that maintains a certificate of compliance
and licensure from the Office of Child Development and Early Learning
within the Commonwealth of Pennsylvania, and a STAR 3 rating or greater
under the Pennsylvania Keystone STARS program.
[Added by Ord. No. 3-2018, 6/19/2018]
ENVIRONMENTAL ANALYSIS
The technical process of identifying and evaluating the potential
environmental effects of a specific project both within each impact
category and as a whole.
ENVIRONMENTAL ASSESSMENT (EA)
A.
A concise public document (as defined in Part 40 of the U.S.
Consolidated Federal Register (CFR) § 1508.9) that serves
to:
(1)
Briefly provide sufficient evidence and analysis for determining
whether to prepare an Environmental Impact Statement (EIS) or a finding
of no significant impact.
(2)
Aid an agency's compliance with the National Environmental
Policy Act (NEPA) when no Environmental Impact Statement is necessary.
(3)
Facilitate preparation of an EIS statement when one is necessary.
The environmental assessment shall culminate with a finding
of significant impact on the environment or a Finding of No Significant
Impact (FONSI).
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B.
Shall include a brief discussion of the need for the proposal,
of alternatives as required by § 102(2)(E) of NEPA, of the
environmental impacts of the proposed action and alternatives, and
a listing of agencies and persons consulted.
C.
The definition of environmental assessment shall be amended
from time to time whenever the federal regulations are amended subject
to approval of the Supervisors.
Note: The EA definition and procedure for study rely on federal
definitions, but requirements and reviews may be local and may not
require federal or state involvement.
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ENVIRONMENTAL FINDING OF NO SIGNIFICANT IMPACT (FONSI)
A document briefly presenting the reasons why an action,
not otherwise excluded (40 CFR 1508.4) or exempt will not have a significant
effect on the human environment and for which an Environmental Impact
Statement therefore will not be prepared. It shall include the environmental
assessment (or a summary of it) and shall note any other environmental
documents related to it. If the assessment is included, the finding
need not repeat any of the discussion in the assessment but may incorporate
it by reference.
ENVIRONMENTAL IMPACT
Any alteration of existing environmental conditions, or creation
of a new set of environmental conditions, adverse or beneficial, caused
or induced in whole or in part, directly or indirectly, by a proposed
project.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A detailed written statement (§ 102(2)(c) of NEPA
and 40 CFR Part 1502) describing, analyzing and assessing any alteration
of environmental conditions or creation of a new set of environmental
conditions, adverse or beneficial, caused or induced by the action
or set of actions under consideration, and the alternatives to such
action or group of actions. The statement should include a qualitative
measure of importance of the environmental impacts.
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 transmission or distribution
systems, collection, communication, supply or disposal systems and
their essential buildings, excluding communications towers and communications
antennas as defined herein.
A.
LIMITED FACILITIESEquipment such as utility poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment which does not require enclosure within a building or which can be constructed within a public right-of-way.
B.
MAJOR FACILITIESEquipment which require enclosure within a building or construction on its own site such as gas storage areas, water pumping stations, utility substations, telephone exchanges or communication facilities.
EXOTIC ANIMALS
A rare or unusual animal which has not been domesticated,
retaining its wild, carnivorous and/or predatory nature making it
unsuitable as a household pet. Examples of such animals include: alligators,
amphibians, foxes, bears, wolves, skunks, degus, civets, genets, kinkajous,
raccoons, chinchillas, hedgehogs, wallaroos, lions, tigers, bobcats,
leopards, cheetahs, jaguars, cougars, servals, ocelots, hyenas, venomous
or constricting snakes, and nonhuman primates.
[Added by Ord. No. 7-2019, 10/15/2019]
FAA
Federal Aviation Administration.
FALL ZONE
The area on the ground within which there is a potential
hazard from falling debris or collapsing material from a wireless
communication facility.
FAMILY
Any individual, or two or more persons related by blood,
marriage, legal adoption, foster placement, or a group of not more
than three persons who need not be related by blood or marriage, living
together in a dwelling unit. A "family" shall not be deemed to include
the occupants of a boarding house, rooming or lodging house, club,
fraternity/sorority or hotel.
FAMILY CARE HOME
A facility which provides resident service in a private residence
to three or fewer individuals who are not related to the resident
household person. These individuals are children, elderly, handicapped,
disabled or others in need of adult supervision and are provided service
and supervision in accordance with their individual needs. This category
includes foster or boarding houses for children. Family care homes
are not regulated by the Pennsylvania Department of Welfare until
four or more individuals receive service and the facility then is
defined as a personal care facility or a domiciliary care home which
is regulated by the Pennsylvania Department of Aging.
FARM
Any parcel of land containing 10 or more acres, which is
used for gain in the raising of agricultural products, livestock,
poultry, or dairy products. It includes necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of forbearing animals, riding academies, livery
or boarding stables and dog kennels.
FCC
Federal Communications Commission.
FELLING
The act of cutting a standing tree so that it falls to the
ground.
FENCE
Any structure or wall regardless of composition of material
which is constructed and installed to act, as a visual or physical
outdoor barrier. The height of any fence shall be the distance measured
from the existing grade of the natural surface to the top of the fence.
FLEA MARKET
The offering of diverse items for sale, including new and/or
used items in other than normal retail outlets; the same being within
a building, tent, or out in the open. For purposes of this chapter,
flea markets are divided into two categories:
A.
COMMERCIAL FLEA MARKETSAn operation in which a landowner offers space to any individual or group, whether for a fee or not, at which items are offered for sale.
B.
PRIVATE FLEA MARKETAn operation in which a service, nonprofit or charitable organization solicits items from individuals and offers the same for sale with proceeds benefitting the organization.
FLOODPLAIN
A relatively flat land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation once
in every 100 years or once in 500 years.
FLOODWAY
The designated area of a floodplain required to carry the
discharge waters of a given magnitude. For purposes of this chapter,
the floodway shall be capable to carry a flood of the one-hundred-year
magnitude. The floodway must be kept free of encroachment in order
that the one-hundred-year flood be carried without substantial increases
in flood heights. Criteria adopted by the Federal Insurance Administration
limit such increases in flood heights to 1.0 foot, provided that hazardous
velocities are not produced.
FLOOR AREA
The total gross horizontal area on all floors as measured
to the outside surfaces of exterior walls, excluding crawl spaces,
garages, carports, breezeways, attics without floors, open porches,
balconies and terraces.
FLOOR AREA RATIO
Floor area divided by lot area. Cellar space may be deducted
from the floor area if the cellar excludes sleeping rooms.
FLOOR SPACE
The horizontal area of all floors as measured from the inside
surfaces of the walls enclosing the part of a building occupied by
a family, excluding therefrom common halls, stairwells, sanitary facilities,
storage and any other areas to which the family would not have regular
access.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development. For the purposes
of this chapter, forestry shall include a select timber harvest.
FRONT FACADE
The plane of the facade of the building closest to the street
right-of-way, excluding stoops, porticos, open colonnades, and open
porches.
GARAGE SALES
A sale open to the public, of new, used or previously owned personal property, including, but not limited to, goods, wares, merchandise and clothing, held on vacant property, or on the lawn, yard, porch, patio, or in the garage, residence or other outbuilding of the person who is required to secure a permit for such sales as provided for and controlled by Stroud Township Ord. 170 [Chapter
13, Part
3], as amended.
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein for more than one car
is leased to a nonresident of the premises.
GLARE
Distracting, blinding or harsh uncomfortable bright light
originating from or reflected off of man-made objects such as lighting
fixtures, automobiles, signs and structures.
GOVERNING BODY
The Board of Township Supervisors, Township of Stroud, County
of Monroe, Pennsylvania.
GOVERNMENT SERVICES AND FACILITIES
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.
GREEN, COMMON
An area of greenway land, surrounded by streets on at least
two and often three or four sides, around which dwellings are organized.
GREENWAY LAND
A parcel or parcels of land and/or water, within a conservation
subdivision, set aside for the protection of natural and cultural
resources, greenway land consists of primary and secondary conservation
areas and is permanently restricted against further development. The
terms "greenway" and "greenway land" are synonymous.
GROUND COVERAGE, MAXIMUM
The maximum ratio obtained by dividing the sum of the impervious
surface area and pervious surface area (including ground floor area
of all principal and accessory buildings, sidewalks, parking areas
and all other impervious and pervious surface areas) on a lot by the
total area of that lot.
GROUP (FAMILY-TYPE) DWELLING OCCUPANCY
This is a type of dwelling occupancy that could be located
in any type of residential structure. This occupancy involves a group
that lives together as a family with the group sharing costs and responsibilities
for the dwelling wherein the group is not involved in some other land
use activity such as a rooming house (SIC 7021, SIC 7041) or a club
(SIC 7997, or SIC 8641), a fraternal organization (SIC 8641 or SIC
7041), nor group care facility (SIC 8051, SIC 8052 or SIC 8059), nor
group home (SIC 836), nor house of correction (SIC 9223), nor halfway
houses (SIC 8361).
GROUP CARE FACILITY
A facility which provides resident services for a fee or
charge. This category includes uses licensed or supervised by any
federal, state or county health/welfare agency.
GROUP HOME
Assisted or supervised living arrangements that include land
use, activities such as personal care facilities (SIC 8059), residential
care facilities (SIC 836), family care facility, domiciliary care
home (SIC 8059), group foster home (SIC 836) and similar uses.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
HEALTH CARE MEDICAL MARIJUANA ORGANIZATION
A vertically integrated health system approved by the Pennsylvania
Department of Health to dispense medical marijuana or grow and process
medical marijuana, or both in accordance with a research study under
Sections 1901 to 1908 of the Act (35 P.S. §§ 10231.1901
to 10231.1908).
[Added by Ord. No. 2-2018, 6/19/2018]
HELIPORT
An improved area, either at ground level or elevated on a
structure, licensed or approved for the landing and take-off of helicopters,
and including auxiliary facilities such as parking, waiting rooms,
fueling and maintenance equipment (SIC 451, SIC 458).
HELISTOP
A heliport, but without auxiliary facilities such as parking,
waiting room, fueling and maintenance equipment.
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock, and permitting the sale of produce raised thereon.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
and carried on by the inhabitants of said home, which use is clearly
incidental and secondary to the use of the dwelling as dwelling purposes
and does not change its character.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property
owners, planned and operated tinder negotiated and approved rules
and regulations, for the purpose of administering the needs of residents
through the maintenance of community owned property. This term is
synonymous with "property owners association."
HOSPITAL
Unless otherwise specified, the term "hospital" shall be
deemed to include clinic, and any other place for the diagnosis, treatment
or other care of human ailments.
HOTEL
See definition of "motel."
IMPERVIOUS SURFACE
A surface that prevents the percolation of water into the
ground such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking, and compacted fill, earth or turf to be used as
such.
INTENSIVE AGRICULTURE
Concentrated animal operations, concentrated animal feeding
operations, and other highly concentrated agriculture production such
as mushroom operations and animal husbandry uses that exceed a density
of 1/2 AEU per acre. For purposes of determining the number of animals
at an operation, two or more intensive agriculture uses under common
ownership are considered to be a single intensive agriculture use
if they abut each other or if they use a common area or system for
disposal of wastes.
[Added by Ord. No. 7-2019, 10/15/2019]
INVASIVE PLANT SPECIES
Predominantly non-native tree, shrub, vine, or herbaceous
species that grow or reproduce aggressively, usually because they
have few or no natural predators, and which can so dominate that they
out-compete many native plant species.
JUNK
Includes, but is not limited to, scrap iron, scrap tin, scrap
brass, scrap copper, scrap lead or scrap zinc and all other scrap
metals and their alloys, and bones, rags, used cloth, used rubber,
used machinery, used tools, used appliances, used fixtures, used utensils,
used lumber, used boxes or crates, used pipe or pipe fittings, used
tires, and other manufactured goods, any of which are so worn, deteriorated
or obsolete as to make them unusable in their existing condition,
but are subject to being dismantled or processed for reclamation,
salvage or recycling.
JUNKYARD OR SALVAGE YARD
A place where junk or salvage is bought, sold, exchanged,
stored, baled or cleaned, and places or yards for the storage of salvaged
materials and equipment from house wrecking and salvaged structural
steel materials and equipment, but excluding pawnshops and establishments
for the sale, purchase or storage of used cars in operative condition,
salvaged machinery, used furniture and household equipment and the
processing of used, discarded or salvaged materials as part of manufacturing
operations.
The accumulation on any one parcel of land of any motor vehicles
or portions thereof including, but not limited to, automobiles, trucks,
vans, buses, truck trailers, recreation vehicles, and other vehicles
intended for highway use which do not bear a current Pennsylvania
inspection sticker or are not registered as an historic vehicle and/or
are not fit for immediate highway use.
KENNEL
The use of land, building or structure for the purpose of
breeding customary household pets for compensation, and/or the boarding
of customary household pets owned by any number of persons other than
the owners or operators of the boarding facility, or the maintenance
of more than five customary household pets.
[Added by Ord. No. 7-2019, 10/15/2019]
KITCHEN FACILITIES
All of the following: sink with a piped water, a permanent
cookstove and a refrigerator.
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.
(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.
C.
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503(1.1).
LAND DISTURBANCE
Any activity which exposes soil, alters topography and/or
alters woody vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LATTICE TOWER
A self-supporting tower structure with multiple legs and
cross-bracing of structural steel.
LIFE CARE FACILITIES
A residential community for the aged or infirmed consisting
of single, two and/or multifamily dwellings, community, health and
nursing centers, activity and personal service shops, recreation areas
and common open space. If a life care facility is located on a single
tract of land or contiguous tracts of land, with a total of at least
20 acres in size and not more than 500 acres, which is planned for
development in its entirety as a single or coordinated project under
single ownership or control, then such life care facilities shall
also be classified as a planned residential development (PRD). (See
"PRD" definition below.)
LIVESTOCK
Animals raised, stabled, fed or maintained on an agricultural
operation with the purpose of generating income or providing work,
recreation or transportation. Examples include: dairy cows, beef cattle,
goats, sheep, swine and horses. The term does not include aquatic
species.
[Amended by Ord. No. 7-2019, 10/15/2019]
LOGGING
The removal of trees as part of a non-select commercial timber
harvest. For the purpose of this chapter, a clear cut timber harvest
shall be considered logging.
LOT
A designated parcel, tract or area established by a plat
or otherwise as permitted by law and to be used, developed or built
upon as a unit.
LOT, CORNER — A lot situated at and abutting the intersection
of two streets having an interior angle of intersection not greater
than 135°.
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LOT, DEPTH — The horizontal distance between the midpoint
of the front and the midpoint of the rear lot lines.
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LOT LINES — The property lines bounding the lot.
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LOT LINE, FRONT — The line separating the lot from the
existing or proposed street right-of-way.
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LOT LINE, REAR — The lot line opposite and most distant
from the front lot line.
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LOT LINE, SIDE — Any lot line other than a front or rear
lot line.
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LOT LINE, STREET OR ALLEY — A lot line separating the
lot from a street or alley.
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CORNER LOT LINES — The front lot line shall be that line
separating the lot from the street right-of-way which has the lesser
dimension; the line separating the lot from the other street right-of-way
is called the side street lot line. (In the case of corner lots, the
required yard adjacent to the side street lot line shall be the same
as the required yard adjacent to the front lot line.)
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LOT WIDTH — The horizontal distance between the side lot
lines measured:
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(1)
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In the case of lots fronting on a cul-de-sac, along a chord
perpendicular to a radial line located equidistant between the side
lot lines, the said chord shall intersect the radial line at a point
located a distance from the right-of-way line equal to the prescribed
front yard set back set forth in Schedule 27-II.
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(2)
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In the case of all other lots along a line parallel to and at
a distance equal to the prescribed front yard set back set forth in
Schedule 27-II from the right-of-way line.
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LOT AREA — The computed area contained within the lot
lines, excluding space within all road rights-of-way, delineated wetlands,
and permanent drainage easements, but including the areas of all other
easements.
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LOT COVERAGE, MAXIMUM
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings and structures plus the area
of all street rights-of-way, driveways, other vehicular access and
parking areas on the lot by the total area of the lot. Areas occupied
by walkways, patios and porches without roofs, playgrounds and other
areas occupied by outdoor recreational or play apparatus, gardens
and trees shall not be included in the calculation of lot coverage.
MAJOR MODIFICATION
Any increase or change in tower height, antenna height, number
of antennas, impervious coverage devoted to the wireless communication
facility, or any other standard regulated by this chapter.
MAXIMUM PERMISSIBLE HEIGHT
The maximum height of a communications tower including all
antenna, lightning rods, and other appurtenances.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA DISPENSARY
A person who holds a permit issued by the Pennsylvania Department
of Health to dispense medical marijuana. The term does not include
a health care medical marijuana organization as defined under Sections
1901 to 1908 of the Act (35 P.S. §§ 10231.1901 to 10231.1908).
[Added by Ord. No. 2-2018, 6/19/2018]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person who holds a permit issued by the Pennsylvania Department
of Health to grow and process medical marijuana. The term does not
include a health care medical marijuana organization as defined under
Sections 1901 to 1908 of the Act (35 P.S. §§ 10231.1901
to 10231.1908).
[Added by Ord. No. 2-2018, 6/19/2018]
MEMBERSHIP CLUB AND CAMP
An association of persons which owns, leases, or occupies
an establishment operated solely for a recreational, social, fraternal,
religious, political or athletic purpose, and whose activities are
confined to the members and guests and are not extended to the general
public (including the establishment so operated). But it does not
include such clubs and camps whose chief activity is a service carried
on primarily for business or gain.
MOBILE HOME PARK
A parcel (or contiguous, parcels) of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Stroud Township Subdivision and Land Development Ordinance [Chapter
22], as well as Ordinance No. 91, as amended, relative to mobile homes contains additional
provisions related to mobile homes.
MOTEL
A building including hotels, designed or built for overnight
travelers in which there are seven or more guest rooms where lodging
with or without meals is provided for compensation and where provision
may be made for cooking in any individual room or suite, but not including
jails, hospitals, asylums, sanatoriums, orphanages, prisons, detention
homes and similar buildings where human beings are housed and detained
under legal restraint nor nursing home, dormitory, fraternity, sorority
house, or family care or group care facility as defined herein.
MOTOR FREIGHT TERMINAL
The building plus contiguous space to which freight is brought
for transfer, assembly and sorted out for routing in intrastate and
interstate shipment by motor truck.
MOVEMENT
Physical movement or revolution up or down, around or sideways
that completes a cycle of change.
MUNICIPALITY
The municipal corporation known as the "Township of Stroud,
Monroe County, Pennsylvania."
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
NURSING AND PERSONAL HEALTH CARE SERVICES (GENERAL)
This group includes establishments primarily engaged in providing
inpatient nursing and health-related personal care.
SKILLED NURSING CARE FACILITIES — Establishments primarily
engaged in providing inpatient nursing and rehabilitative services
to patients who require continuous health care, but not hospital services.
The staff must include a licensed nurse on duty continuously with
a minimum of one full-time registered nurse on duty during each day
shift.
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INTERMEDIATE CARE FACILITIES (SIC 8052) — Establishments
primarily engaged in providing inpatient nursing and rehabilitative
services, but not on a continuous basis. Staffing must include twenty-four-hour
per day personnel with a licensed nurse on duty full-time during each
day shift.
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NURSING AND PERSONAL CARE FACILITIES (SIC 8059) — Establishments
primarily engaged in providing some nursing and/or health related
care to patients who do not require the degree of care and treatment
that a skilled or intermediate care facility is designed to provide.
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Nursing and personal care facilities (SIC 8059) are in the health
service land use activity category (SIC 80) and are different from
residential care facilities (SIC 8361) which are in the social services
category (SIC 83).
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OBSCENE MATERIAL OR ACTIVITIES
The exhibition or dissemination by sale, loan, or otherwise
of explicit sexual materials, or the conduct of live activities or
uses of an obscene nature; if such use comprises more than 20% of
the stock-in-trade of the premises or constitutes, from time to time,
the primary or major attraction to the premises.
EXPLICIT SEXUAL MATERIALS — As used herein, means:
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(1)
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Any picture, photograph, drawing, sculpture, motion picture
film, or other similar visual representation of image of a person
or portion of the human body which depicts nudity, sexual conduct,
or sadomasochistic abuse.
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(2)
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Any book, pamphlet, magazine, printed matter, video tape, computer
disk or other device, however reproduced, or sound recording which
contains any matter enumerated in Subsection (1) above, or explicit
and detailed verbal excitement, sexual conduct, or sadomasochistic
abuse.
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OBSCENE NATURE — As used herein, means that:
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(1)
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The average person, applying contemporary community standards,
would find that the subject matter taken as a whole appeals to the
prurient interest.
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(2)
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The subject matter depicts or describes in a patently offensive
way materials of the type, described hereinabove.
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(3)
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The subject matter, taken as a whole, lacks serious literary
artistic, political, educational, or scientific value.
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OBSCENE MASSAGE PARLORS — A type of massage activity that
involves activities of an obscene nature. Words and phrases used herein
shall have the meanings given to them under 18 Pa.C.S.A. § 5903
and any amendments, from time to time, thereto.
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OCCUPIED
Includes the term "designed or intended to be occupied."
OFF-STREET PARKING AREA
An area used solely for parking which is not within any public
or private right-of-way or designated fire lane.
OLDER ADULT DAILY LIVING CENTER
A premises operated for profit or not-for-profit in which
older adults daily living services are simultaneously provided for
four or more adults who are not relatives of the operator for part
of a twenty-four-hour day.
OMNIDIRECTIONAL ANTENNA
A thin rod that serves as an antenna to transmit or receive
radio frequency signals in a three-hundred-sixty-degree radial pattern,
a fence or wall which is four feet high or higher or covered by a
roof or awning; or a structure which would otherwise be classified
as a patio or deck except that it is one foot or more above the ground
elevation.
OUTDOOR EXHIBITIONS, ASSEMBLY FOR SPORTS, ENTERTAINMENT AND
AMUSEMENTS
Includes stadiums, racetracks, outdoor theaters and concerts,
arenas and field houses, cart tracks, miniature golf, amusement parks,
zoos and similar nonparticipating sports, exhibitions, and amusement
uses.
OUTDOOR SPORTS
Includes golf, tennis, horse, riding stables, skiing and
similar sports participation activities.
PANEL ANTENNA
A flat surface antenna usually deployed in three directional
"sectors" (0 to 120 degrees, 120 to 240 degrees, and 240 to 360 degrees)
and used to receive or transmit radio frequency signals from or into
that sector only.
PARKING FACILITIES
Parking facilities shall consist of paved or unpaved outdoor
areas used for the storage of vehicles or of specially designed buildings
or garages used for the same purposes. Private parking facilities
shall be restricted to use by persons resident on the premises or
residing in the immediate vicinity of such facility or by their guests.
Public parking facilities shall be open to the public as an accommodation
for customers, clients or visitors.
PARKING FACILITIES, SHARED
A parking facility that is intended to serve two or more
contiguous land use activities on separate parcels of land.
PATIO
An area or courtyard, designed for outdoor living purposes
as an accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure or for any fences,
shrubs or hedges. Outdoor areas covered by a roof or awning shall
be considered to be a structure.
PEAK
The highest point on a roof or the highest point on another
architectural element.
PERMIT
A document issued by Stroud Township authorizing an applicant
to undertake certain activities.
A.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the Township and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
B.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with said use, building or structure.
C.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
PERMITTED USE
Any use which requires neither special conditions as a "special
use" or a "conditional use" nor action by the Zoning Hearing Board
before a zoning permit is granted by the Zoning Officer. Before the
Zoning Officer acts on a permit, he is required to secure approval
of the Township Supervisors for any land use activity that is defined
as a subdivision and/or land development.
PERSONAL CARE HOME (SIC 8059)
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator, who do not require
the services in or of a licensed long-term care facility, but who
do require assistance or supervision in matters such as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self -administration.
Such homes are regulated and licensed by the PA Department of Welfare.
Also see "domiciliary care home" definition for reference purposes
only.
PERSONAL SERVICES
Places primarily providing services oriented to personal
needs which do not involve retail sales or professional advisory services.
Personal services include barber and beauty shops, shoe repair shops,
household appliance repair shops, and other similar establishments.
PERVIOUS SURFACE
A porous surface, consisting of a permeable surface course
underlain by a uniformly graded stone bed on uncompacted soils which
allows the percolation of water into the ground. The surface course
typically consists of, but is not limited to, porous asphalt, porous
concrete, various porous pavers and artificial turf.
PLANNED COMMUNITY
Real estate with respect to which a person, by virtue of
ownership of an interest in any portion of the real estate, is or
may become obligated by covenant, easement or agreement imposed on
the owner's interest to pay any amount for real property taxes, insurance,
maintenance, repair, improvement, management, administration or regulation
of any part of the real estate other than the portion or interest
owned solely by the person. The term excludes a cooperative and a
condominium, but a condominium or cooperative may be part of a planned
community. For purposes of this definition, "ownership" includes holding
a leasehold interest of more than 20 years, including renewal options,
in real estate. The term includes nonresidential campground :communities.
PLANNED COMMUNITY COMMON FACILITIES
Any real estate within a planned community which is owned
by the association or leased to the association. The term does not
include a unit.
PLANNED ENTERPRISE UNIT DEVELOPMENT (PEUD)
A primarily nonresidential type of development located on a lot of land at least 20 acres in size and which is planned for development in its entirety under single ownership or control. Such planned enterprise unit developments may include a combination of permitted and conditional uses permitted by the Supervisors and shall conform with the provisions of §
27-707 of this chapter.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
A residential type of land development, controlled by a landowner,
to be developed as a single entity for a number of dwelling units,
or combination of residential and accessory uses, the development
plan for which does not correspond in lot size, bulk, type of dwelling,
or use, density, or intensity, lot coverage and required open space
as permitted by the regulations established in any one district created,
from time to time, under the provisions of a municipal zoning ordinance.
PORCH
A structure or part of a structure which is enclosed on one
or more sides by a fence or wall which is four feet high or higher
or covered by a roof or awning; or a structure which would otherwise
be classified as a patio or a deck except that it is one foot or more
above the ground elevation.
POTABLE WATER SUPPLY TANK
A storage tank for drinking water built on the ground, buried
or partially buried, or elevated tank supported by one or more columns,
including standpipes and clearwells, which is part of a water distribution
system for domestic, commercial, and industrial use (PWST).
PREFABRICATED HOME or MODULAR HOME
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 or trailer, and arriving at a site where
it is to be occupied as a dwelling except for assembly operations
and location on a permanent foundation and connection to utilities.
PRINCIPAL SOLAR ENERGY FACILITY (PSEF)
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more free-standing ground, or roof mounted solar electric systems
or solar collector devices, solar related equipment and other accessory
structures and buildings including light reflectors, concentrators,
and heat exchanges, substations, electrical infrastructure, transmission
lines and other appurtenant structures.
PRINCIPAL SOLAR ENERGY FACILITY OWNER
The person or entity having an equity interest in the principal
solar energy system or facility, including such person's heirs,
successors and assigns.
PROFESSIONAL OFFICE
Professional offices shall include the office of a physician,
dentist, optometrist, minister, architect, landscape architect, community
planner, engineer, insurance agent, realtor, accountant, lawyer, chiropractor
and similar practitioners.
PROFESSIONS
Includes any occupation or vocation in which a professed
knowledge of some department of science or learning is used by its
practical application to the affairs of others, either advising, guiding,
or teaching them and in serving their interest or welfare in the practice
of an art founded on it. The work implies attainments in professional
knowledge as distinguished from mere skill and the application of
such knowledge to uses for others as a vocation. It requires knowledge
of an advanced type in a given field of science or instruction and
study.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Board
of Supervisors or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93, 65 Pa.C.S.A. § 701 et seq.,
known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC 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.
RECREATIONAL VEHICLE
A vehicle which is designed for recreation use, used for
temporary living or sleeping purposes and which is self-propelled
or is designed to be towed by a vehicle. Recreational vehicles shall
not be deemed to be dwellings.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by a body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom; Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RESIDENTIAL CARE FACILITY (SIC 8361)
Same definition as "personal care home" except that there
is no assistance with, nor supervision of, the delivery of health
services prescribed by a physician. However, if any of the health
or social services are provided as described in the above defined
personal care home, then the Pennsylvania Department of Welfare regulations
apply and the residential care facility will be classified as a personal
care home for this chapter.
RESORT
A building or group of buildings located on a lot containing
10 acres or more combining lodging of members and guests, service
of food to lodgers and/or non-lodgers, retail sales of commodities
and services and facilities for educational activities and recreation
for lodgers and/or non-lodgers.
RESOURCES, PRIMARY
Resources consisting of one-hundred-year floodplain (including
the floodway), wetlands and prohibitive steep slopes (30% and greater).
In conservation subdivisions, all lands containing primary resources
are called primary conservation areas.
RESOURCES, SECONDARY
Natural or cultural features outside primary conservation
areas that are worthy of conservation by inclusion in greenway land.
Lands containing secondary resources that are conserved are called
secondary conservation areas.
RIDING STABLE
A shelter for horses which may contain facilities for horseback
riding and/or horse boarding and/or training.
ROOMING or LODGING
A situation in which an owner of a dwelling rents at least
one but not more than six rooms for residential purposes, but does
not furnish meals.
RURAL DISTRICTS
Includes O-1, S-1 and R-1 Zoning Districts in this chapter.
SALDO
Abbreviation for Subdivision and Land Development Ordinance of Stroud Township [Chapter
22]. See definition of "Subdivision and Land Development Ordinance."
SATELLITE STORE OR FACILITY
A retail store, shop, office or other facility that is part
of a shopping center, other than the main department store(s). The
main department stores in a shopping center are considered to be the
anchors and/or nucleus of business activity; they are not satellite
stores. Detached satellite stores or facilities are buildings detached
at and above ground surface from the main body of the shopping center
building.
SAW TIMBER
Trees with a diameter greater than or equal to 10 inches
at breast height.
SCHOOL, PRIVATE ACADEMIC (SIC 82)
A premises that maintains or conducts classes for the purpose
of offering instruction for consideration, profit or tuition, to five
or more pupils at one time, or to 25 or more pupils during the school
year, the purpose of which is to educate an individual generally or
specifically or to prepare an individual for more advanced study.
These schools may include nursery and kindergarten, elementary and
secondary schools, special education schools, tutoring centers, education
testing and remedial centers. The Pennsylvania Department of Education
governs private academic schools.
SCREEN PLANTING
A vegetative material of sufficient height and density to
serve as a barrier to visibility, air borne particles, glare and noise
throughout the year.
SELF-STORAGE FACILITIES
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal property.
SERVICE STATION
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designated to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning or servicing such motor vehicles.
SEWAGE DISPOSAL SYSTEM, CENTRALIZED
A publicly or privately owned and operated utility system
or other system designed to collect, centrally treat by a central
treatment plant and dispose of sewage from users in compliance with
regulations of the appropriate state agency and of the Township.
SEWAGE DISPOSAL SYSTEM, COMMUNITY
A publicly owned and operated utility system or other system
designed for the collection of sewage from two or more lots and for
the treatment or disposal of sewage on one or more of the lots or
at any other site, by on-site (into the soil) disposal techniques
in compliance with regulations of the appropriate agency and of the
Township.
SEWAGE DISPOSAL SYSTEM, INDIVIDUAL
A utility system or other system designed for the collection,
treatment and disposal of from a single lot into the soil or into
waters of the commonwealth, or for conveyance to another site for
final disposal.
SHOPPING CENTER
SHOPPING CENTER, OUTLET CENTER, SHOPPING MALLS — A large
single retail store or two or more retail stores and/or service establishments
that together have a gross building floor area of at least 10,000
square feet and with ample off-street parking for the business(es)
in order to serve their community or regional market.
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MEGA STORE AND/OR LARGE SCALE SHOPPING CENTERS AND MALLS —
A large single retail store or two or more retail stores and/or service
establishments that meet the above definition and have 100,000 square
feet or more of building floor area.
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SIGHT TRIANGLE
A triangular area, bounded by the intersecting driveway,
accessway, or street center lines and a diagonal line connecting two
points, one which is at each end of the center line of each driveway,
accessway, or street a given number of feet from the intersection
of such center lines.
SITE ALTERATION
Site alterations shall include regrading the existing topography,
filling lakes, ponds, marshes or floodplains, clearing vegetation
or altering watercourses. All mining is a site alteration but not
all site alteration constitutes mining.
SKIDDING
The dragging of trees on the ground from the stump to the
landing by any means.
SLASH
Woody debris left in the woods after a forestry or logging
activity, including but not limited to, logs, chunks, bark, branches,
uprooted stumps, and broken or uprooted trees or shrubs.
SOLAR ACCESS
A property owner's right to have sunlight shine on the
owner's land.
SOLAR EASEMENT
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar electric system.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
SOLAR ENERGY SYSTEM
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
SOLAR ARRAY — A grouping of multiple solar modules with
purpose of harvesting solar energy.
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SOLAR CELL — The smallest basic solar electric device
which generates electricity when exposed to light.
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SOLAR MODULE — A grouping of solar cells with the purpose
of harvesting solar energy.
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SOLAR GLARE
The effect produced by light reflecting from a solar panel
with an intensity sufficient to cause annoyance, discomfort, or loss
in visual performance and visibility.
SOLAR PANEL
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
SOLAR RELATED EQUIPMENT
Items including, but not limited to, a solar photovoltaic
cell, module, panel, or array, or solar hot air or water collector
device panels, lines, pumps, batteries, mounting brackets, framing
and possibly foundations or other structures used for or intended
to be used for collection of solar energy.
SPECIAL EXCEPTION (SPECIAL USE)
A granting of a modification of the provisions of this chapter
as authorized in specific instances listed, and under the terms, procedures,
and conditions prescribed herein. Special exceptions, also herein
called special uses, are administered by the Zoning Hearing Board.
SPECIMEN TREE
A tree with a diameter at breast height (dbh) of 36 inches
or greater; a unique, rare, or otherwise specifically selected tree
which most typically represents a whole class or group in shape or
form; a tree of historical importance; a tree specifically designated
as a specimen tree by Stroud Township or Monroe County.
SPECTATOR EVENT
Any organized activity for members of the general public
or a particular group where 10 or more persons watch the activity
without taking an active part.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification of establishments by type of activity in
which they are engaged. The SIC is intended to cover the entire field
of economic activities: agriculture, forestry, fishing, hunting, and
trapping; mining; construction; manufacturing; transportation, communications,
electric, gas, sanitary services; wholesale trade, retail trade; finance,
insurance, and real estate; personal, business, professional, repair,
recreation, and other services, and public administration. The SIC
was established by the U.S. Office of Management and Budget (OMB).
The most recent SIC was approved in 1987, and was published by the
U.S. Department of Commerce, Office of Federal Statistical Policy
and Standards (Bridgeton, Missouri).
STEEP SLOPES
Areas of land, 3,000 square feet or greater, where the grade
is 15% or greater. Slope shall be measured as the change in elevation
over the horizontal distance between consecutive contour lines. Slope
shall be measured over three consecutive two-foot contour intervals
(6 cumulative vertical feet of slope). All slope measurements shall
be determined by a topographic survey signed and sealed by a registered
surveyor or engineer licensed to practice in Pennsylvania. Steep slopes
are divided into two categories:
A.
Precautionary slopes are those areas of land where the grade
is 15 to less than 30%.
B.
Prohibitive slopes are those areas of land where the grade is
30% or more.
STORY AND HALF-STORY
That portion of a building, included between the surface
of any floor, but excluding the cellar, and the ceiling next above
it and having a vertical distance of not less than seven feet. Any
such portion of a building having a distance of less than seven feet
shall be considered to be a half-story.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians where public or private. Street classifications are defined as set forth in the Stroud Township Subdivision and Land Development Ordinance [Chapter
22].
STRUCTURAL ALTERATION
Any change in the structural members of a building, such
as supporting wall, column, beams, or girders, any addition to any
structure, or the moving of a structure from one location to another.
STRUCTURE
Any thing built, constructed or erected which requires location
on the ground, on or in water, or attachment to something located
on the ground.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devises, transfer of ownership or 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 any residential dwelling, shall be
exempted.
SUBSTANDARD BUILDING, STRUCTURE AND/OR SIGN CONDITION
A condition where one major structural element (building
roof, exterior walls, foundation; street graphic vertical or horizontal
structural member) shows signs of failure or improper construction.
Sagging or leaning beyond 10% of plumb or beyond 10% of horizontal
is a sign of failure or improper construction. A combination of failed
minor structural elements such as porches, windows, doors, walkways,
plumbing, heating, electric systems and/or street graphic lighting,
landscaping, sign face or trim constitutes a substandard condition.
SUPERVISORS
The Board of Supervisors of Stroud Township, Monroe County,
Pennsylvania.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet used, or intended to be used, for
swimming or bathing and constructed, installed, or maintained in or
above the ground. This definition shall not apply to hot tubs or whirlpools
having a surface area less than 100 square feet.
TOURIST HOME
A dwelling in which at least one but no more than six rooms
are offered for overnight accommodations for transient guests for
compensation.
TOWER HEIGHT
The vertical distance measured from natural ground level
to the highest point on a communications tower, including antennas
mounted on the tower. If the tower is located on a sloped grade, then
the average between the highest and lowest grades shall be used in
the calculation of tower height.
TOWNSHIP COMPREHENSIVE PLAN
A Comprehensive Plan for Stroud Township prepared by the
Commission pursuant to the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq., as adopted by the Board of Supervisors.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed or retained as the engineer for a
municipality, planning agency or joint planning commission.
TRACT AREA, GROSS
The total amount of land contained within the limits of the
legally described property lines bounding the tract.
U-PICK OPERATIONS
A farm that provides opportunity for customers to pick their
own fruits or vegetables directly from the plant.
URBAN PLAZA
A street intersection, square, or similar area where a majority
of the land use activities have a unique or singular architectural
or graphic character or theme.
USE
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
UTILITY GRID
An interconnected system for the distribution of electricity
or electromagnetic signals over a wide area owned and/or operated
by one or more utility companies.
VALUE-ADDED AGRICULTURAL PRODUCTS
The enhancement or improvement of the overall value of an
agricultural commodity or of an animal or plant product to a higher
value. The enhancement or improvement includes, but is not limited
to, marketing, agricultural processing, transforming, packaging, and
educational presentation, activities and tours that relate to agriculture
or agricultural products.
VARIANCE
The permission granted by the Zoning Hearing Board, after
a public hearing that has been properly advertised by the appropriate
municipal code, for an adjustment to some regulation which, if strictly
adhered to, would result in an unnecessary hardship, and where the
permission granted would not be contrary to the public interest, and
would maintain the spirit and original intent of the chapter.
WAREHOUSE
Business engaged in the storage of farm products, furniture
and other household goods or commercial goods of any nature (SIC 42).
This does not include storage of natural gas (SIC 4922) nor field
warehousing (SIC 7389).
WAREHOUSE, MINI
A building in which a storage unit or vault is rented for
the storage of primarily commercial goods. Each unit is physically
separated from other units and access is usually through an overhead
door.
WATER COURSE
A channel for conveyance of surface water having defined
bed and banks, whether natural, artificial or with intermittent flow.
A watercourse may originate from a lake or underground spring(s) and
be permanent in nature or it may originate from a temporary (intermittent)
source such as runoff from rain or melting snow.
WATER SUPPLY SYSTEM, CENTRALIZED
A public utility system or other centralized water supply
system designed to transmit water from a common source to users, in
compliance with the requirements of the appropriate state agency or
regulations of the Township, whichever may be more stringent. A permit
shall be obtained from the appropriate state agency for a centralized
water supply system prior to the start of the construction. Any system
not deemed a centralized water supply system shall be deemed an on
lot system.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within a municipality.
WELLHEAD PROTECTION ZONE
The surface and subsurface area surrounding a well within
the Township that is defined and regulated by the Pennsylvania Department
of Environmental Protection (PADEP) as a community water system.
[Added by Ord. No. 2-2020, 6/16/2020]
WETLANDS
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and other similar areas.
WIRELESS COMMUNICATION FACILITY
An all encompassing definition for any towers, poles, antennas,
equipment buildings, or other structures intended for use in connection
with the transmission or receipt of radio or television signals or
any other spectrum-based transmissions and receptions.
YARD
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line, and is unoccupied and unobstructed from the ground
upward except as herein permitted.
YARD, FRONT — An open space extending the full width of
the lot between a building and the front lot line, unoccupied and
unobstructed from the ground upward except as specified elsewhere
in this chapter.
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YARD, REAR — An open space extending the full width of
the lot between a building and the rear lot line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this chapter.
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YARD, SIDE — An open space extending from the front yard
to the rear yard between a building and the nearest side lot line,
unoccupied and unobstructed from the ground upward except as specified
elsewhere in this chapter.
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ZONING OFFICER
The administrative officer charged with the duty of enforcing
the provisions of this chapter.