Words in the present tense include the future tense; words used
in the masculine gender include the feminine and the neuter; words
in the singular include the plural, and those in the plural include
the singular.
A.
The words "applicant, developer, person, subdivider and owner" include
a corporation, unincorporated association and a partnership, or other
legal entity, as well as an individual.
B.
The word "street" includes thoroughfare, avenue, boulevard, court,
expressway, highway, lane, arterial, and road.
C.
The word "building" includes structures and shall be construed as
if followed by the phrase "or part thereof."
D.
The term "occupied or used" as applied to any building shall be construed
as though followed by the words "or intended, arranged, or designed
to be occupied or used."
E.
The word "lot" includes plot, parcel, tract, site, or any other similar
term.
F.
The word "watercourse" includes channel, creek, ditch, drain, dry
run, river, spring, and stream.
G.
The word "abut" includes "directly across from."
H.
The words "should" and "may" are permissive.
I.
The words "must," "shall" and "will" are mandatory and directive.
When terms, phrases, or words are not defined, they shall have
the meaning as defined in The Latest Illustrated Book of Development
Definitions (H.S. Moskowitz and C.G. Lindbloom, Rutgers, The State
University of New Jersey, 2004) or, if not defined therein, they shall
have their ordinarily accepted meanings or such as the context may
imply.
Terms or words used herein, unless otherwise expressly stated,
shall have the following meanings:
One combined entrance/exit point or one clearly defined entrance
point, or one clearly defined entrance point separated from another
clearly defined exit point. This term shall not include accessways
or driveways that are strictly and clearly limited to use by only
emergency vehicles; such accesses are permitted by right as needed.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include, but are not
limited to, a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An accessory building is any accessory structure that meets the
definition of a building. A portion of a principal building used for
an accessory use shall not be considered an accessory building.
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use.
See "lot improvement subdivision."
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
A building which houses an agricultural use, such as barns,
pole barns and equipment sheds. This shall not include buildings used
for the processing or transformation of agricultural products such
as slaughterhouses, canning plants, dairy bottling, and sawmills.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. It includes necessary structures within
the limits of the parcel and the storage of equipment necessary for
production.
A right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties.
Any construction or renovation to an existing structure other
than a repair or an addition. See also "addition" and "repair."
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
A tract of land, a lot or groups of lots, bounded by streets,
public parks, watercourses, boundary lines of the Township, unsubdivided
land or by any combination of the above.
The Board of Supervisors of Polk Township, Monroe County,
Pennsylvania.
A strip of land with fencing, dense vegetative planting,
additional setback distances, berms or a combination thereof that
separates one use from another use or feature and is not occupied
by any building, parking, outdoor storage or any use other than open
space or approved pedestrian pathways or improvements, which is used
to provide separation between incompatible uses to effect a visual
barrier, block physical passage between uses, and reduce noise, dust
and litter.
Buffer
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Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
The percentage of the area of the lot covered or occupied
by the total horizontal projected surface area of all buildings on
the lot and including accessory buildings and structures (including
covered porches, carports and breezeways, but excluding open and uncovered
patios and decks).
An area on a lot which has been designated as the area in
which development may occur. Building envelopes are identified by
building setbacks, conservation areas, site conditions and other factors,
and shall be specifically designated on the development plan and established
by deed covenants and restrictions.
The average vertical distance from finished grade at the
front and rear of the building to the top of the highest roof beams
on a flat or shed roof, to the deck level on a mansard roof, and the
average distance between the eaves and the ridge level for gable,
hip, and gambrel roofs not including chimneys, spires, elevator shaft
extensions, mechanical appurtenances, and similar projections.
See "accessory structure."
A building in which the primary or predominate use of a lot
is conducted including any structure that is physically attached to
the principal building.
The diameter of a tree's trunk measured 12 inches above the
ground.
A plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using tents or recreational vehicles, and which shall not be used for long-term residency of occupants. All campgrounds and recreational vehicle parks shall be considered a recreational subdivision or land development. This definition shall not include recreational cabins approved per Chapter 400, Zoning.
A lot within a recreational vehicle park or campground to
be used for camping purposes, and acting as a site for travel trailers,
truck campers, camper trailers, motor homes, or tents, marked by the
developer on a plan as a numbered, lettered, or otherwise identified
tract of land.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travelway and shoulders.
An area of unobstructed vision at a street intersection(s),
defined by lines of sight between points on the street right-of-way
lines at a given distance from the intersecting street right-of-way
lines.
A building which houses a commercial use.
An occupation, employment, or enterprise carried on for profit
by the owner, lessee, or licensee.
The Polk Township Planning Commission.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Improvements in a development that are not required by the
Township but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
The most recent Comprehensive Plan (which may be a regional
plan) adopted by Polk Township, including all maps, charts and textual
matter.
Those areas of a development tract which are comprised of
environmentally sensitive lands on which development is minimized.
Lands containing secondary resources that are conserved as
a part of conservation open space.
A subdivision designed at the dwelling unit density specified in Chapter 400, Zoning, where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited development
(e.g., a residential structure) and other compatible uses such as
agriculture and forestry.
See "open space, conservation."
Selected resources and areas of restricted land multiplied
by a protection factor, totaled and used for the calculation of adjusted
tract area related to conservation design development.
A subdivision or land development designed at the dwelling unit density specified in Chapter 400, Zoning, where individual lot reduction is not permitted.
The County of Monroe, Commonwealth of Pennsylvania.
A right-of-way or easement for pedestrian travel across or
within a block.
A street or portion of a street with only one vehicular outlet
but which has a temporary turnaround and which is designed to be continued
when adjacent open land is subdivided.
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.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
All the physical additions and changes to a tract and the
constructed facilities necessary and/or required by the Township to
produce a usable and functional development, including but not limited
to roads, parking areas, stormwater controls and drainage easements,
landscaped areas, utilities, and water supplies and sewage disposal
systems.
A proposed development, prepared in accordance with this
chapter, including a plat of the subject parcel and any subdivision,
locations of various uses, and all covenants relating to uses, locations
and sizes of buildings and other structures, intensity of use or density
of development, streets, ways, and parking facilities, common open
spaces and public facilities.
The diameter of a tree trunk measured at 4.5 feet above the
ground.
Any action which results in the cutting or removal of vegetation
on any land, and/or which results in the turning, displacement, grading
or removal of any soil.
Any area of land on which the vegetation has been cut or
removed, or where the soil has been turned, displaced, graded or removed.
A lot extending between and having frontage on two streets
with vehicular access limited to one street. If the streets are of
different classification, vehicular access is limited to the street
of the lesser classification.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public right-of-way,
parks, recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the said road. (See also "flag lot.")
A structure or portion thereof which is used exclusively
for human habitation.
One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household. Any part of a dwelling
structure which is not connected with full unrestricted access to
all other parts of the dwelling structure is considered a separate
dwelling unit.
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit in a building
containing three or more dwelling units.
A single-family, detached dwelling on an individual lot,
with the building set on, or close to, one side property line, so
that the lot essentially has only one side yard. This side yard and
the rear yard constitute the primary outdoor living areas for the
dwelling. Typically, no windows are placed in the building wall that
is on the lot line. If the building is set on the lot line, a five-foot
easement is provided on the adjacent property along the lot line for
necessary access and maintenance of the building wall.
(See also "multifamily project.") A building or buildings
designed for occupancy by three or more families living independently
of each other in separate dwelling units. The term "multifamily dwelling"
shall include condominium as well as non-condominium housing units,
including the following construction types:
SINGLE-FAMILY ATTACHED/TOWNHOUSEA dwelling unit located in a multifamily dwelling structure in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 apartment units and not exceeding 2.5 stories or 35 feet in height, with access to each apartment unit usually from a common hall with the apartment units located back to back, adjacent, or one on top of another.
APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three or more apartment units, which is more than 2.5 stories but not exceeding the height limitations (in feet) of this chapter.
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
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Four attached single-family dwellings in one building in
which each unit has two open space exposures and shares one or two
walls with an adjoining unit or units.
A dwelling unit accommodating one family, but excluding mobile
homes as defined in this chapter.
A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building containing two dwelling units either attached
side by side through the use of a vertical party wall and having one
side yard adjacent to each dwelling unit or upstairs/downstairs units.
(See also "multifamily project" for two-family dwellings in a multifamily
project.)
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township and/or
Planning Commission.
A person living alone or any of the following groups living
together as a single nonprofit housekeeping unit and sharing common
living, sleeping, cooking and eating facilities:
Any number of people related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationship resulting in one of
the following relationships: husband, wife, brother, sister, parent,
child, grandparent, great-grandparent, grandchild, great-grandchild,
uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law,
mother-in-law or first cousin;
Three unrelated people;
Two unrelated people and any children related to either of them;
Not more than the number of residents of a group home meeting the requirements of Chapter 400, Zoning; or
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to Chapter 400, Zoning.
The definition of a "family" does not include:
Any society, club, fraternity, sorority, association, lodge,
combine, federation, coterie, or like organization;
Any group of individuals whose association is temporary or seasonal
in nature; and
Any group of individuals who are in a group living arrangement
as a result of criminal offenses.
A lot with access to the bulk of the lot provided by a narrow
corridor from the adjoining public road.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The average finished ground elevation adjoining a building.
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
The elevation of the ground level in its natural state before
construction, filling, or excavation.
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See "tract area, gross."
See "property owners' association."
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.
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See "development improvements."
A building which houses an industry.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
manufacturing or transformation of products for use by other manufacturers,
the blending of materials such as lubricating oils, plastics, resins
or liquors, other basic industrial processes, mineral processing,
and any facility involving processes resulting in the nonincidental
storage of hazardous materials or the generation of hazardous waste
products, or other environmentally hazardous processes.
A building which houses an institutional use.
Any use of land owned and operated by a government body or
agency, including, for example, public schools, parks, civic centers,
municipal buildings, solid waste disposal facilities, nursing homes,
and hospitals; or uses operated by nonprofit, community-based organizations
for the general use of the public, including, for example, churches,
fire houses, ambulance buildings, libraries, nursing homes, hospitals,
sanitariums and clinics.
A natural or artificial body of water 0.25 acre or larger
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
A subdivision of land;
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; or
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.
The definition of land development shall also include the expansion
or addition to a nonresidential building which involves any of the
following as measured cumulatively from the effective date of this
provision:
The addition of 25% or more of floor area to the original structure;
The increase by 25% or more of impervious area (including building
area) on the parcel; or
Any increase in impervious area which will result in the generation
of stormwater in such volume as will not be controlled by existing
stormwater facilities pursuant to the requirements of this chapter.
The definition of land development shall not include the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than two residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
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), or 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.
See "residency, long-term."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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The horizontal land area contained within the property lines
of a lot, measured in acres or square feet, determined by deducting
the following areas of constrained land from the total lot size:
RIGHTS-OF-WAYMultiply the acreage of land within the rights-of-way of existing public streets or highways, or within the rights-of-way for existing or proposed overhead rights-of-way of utility lines or any other rights-of-way by 1.0.
PRIVATE STREETSMultiply the acreage of land under existing private streets by 1.0.
WETLANDSMultiply the acreage of designated wetlands by 0.95.
FLOODWAYMultiply the acreage within the floodway by 1.0.
FLOODPLAINMultiply the non-wetland portion of the one-hundred-year floodplain by 0.5.
PONDS, LAKES and STREAMSMultiply the acreage of ponds, lakes and streams by 1.0.
DRAINAGE EASEMENTSMultiply the acreage of defined drainage easements as noted on a recorded plan by 1.0.
SLOPES 25% OR GREATERMultiply the acreage of all slopes 25% or greater by 0.8.
If a portion of the tract is underlain by more than one natural
feature subject to a deduction from the total tract acreage, that
acreage shall be subject to the most restrictive deduction only. Since
acreage that is contained within the public or private rights-of-way,
access easements or access strips is excluded from usable lot area,
any portion of these items that also contains a natural feature subject
to a deduction from the total tract acreage shall not be included
when calculating the adjusted tract acreage.
Lot area, minimum required. The term includes area of land,
land area, lot size, parcel area, parcel size, tract area and any
similar terms as related to the minimum area required.
[Added 1-25-2016 by Ord.
No. 2016-03]
That portion of the lot covered by all created improvements,
including but not limited to primary buildings, decks, porches, accessory
buildings, paving, patios, sidewalks, pools and other impervious areas,
provided that, where a municipal boundary bisects a lot, the total
area of the lot, regardless of the municipal boundary, shall be used
for the purpose of determining compliance with the permitted lot coverage.
The horizontal distance between the midpoint of the front
lot line and the midpoint of the rear lot line.
COMBINATION OF LOTS OF RECORDThe consolidation of contiguous lots of record which are shown on a map on file at the office of the Monroe County Recorder of Deeds and which do not involve the creation of any new lot lines. (Also known as a "lot joinder.")
CREATION OF NEW LOT LINESThe realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line is considered to be the existing street right-of-way
line or that which will exist at the time of completion of a subdivision
or development.
LOT LINE, FRONTThe line(s) separating the lot from any street. In the case of a flag lot, the lot line where the narrow access corridor widens shall be considered the front lot line.
LOT LINE, REARThe lot line most distant from and most parallel to the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required or approved front and rear
building lines. In the case of a lot fronting on a cul-de-sac turnaround
or curve, 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 at the required or approved building setback
line.
A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°.
A lot extending between and having frontage on two streets
with vehicular access limited to one street. If the streets are of
different classification, vehicular access is limited to the street
of the lesser classification.
Any lot or parcel of property which was legally in existence
and properly on file with the Monroe County Recorder of Deeds prior
to June 17, 1992, the effective date of the original Township Subdivision
and Land Development Ordinance.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.
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A lot other than a corner lot, the sides of which do not
abut a street.
A through lot with frontage on two streets with vehicular
access restricted to only one of the streets.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
The horizontal land area contained within the property lines
of a lot measured in acres or square feet. The term includes area
of land, land area, lot size, parcel area, parcel size, tract area
and any similar terms as related the gross area.
[Amended 1-25-2016 by Ord. No. 2016-03]
A grouping of three or more trees, each at least 1.5 inch
in caliper, within an area of 100 square feet.
Any tree of six inches or more in caliper, whether standing alone, in tree masses, or woodlands. A mature tree shall be a healthy specimen and shall be a desirable species, as specified in § 345-615H.
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.
To reduce to the smallest amount possible. Minimize does
not mean to eliminate but rather that the most substantial efforts
possible under the circumstances have been taken to reduce the adverse
effect of the action (such as grading, clearing, construction, etc.).
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two 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, and which is subject to United States Department
of Housing and Urban Development regulations.
A parcel of land in a mobile home park which is leased by
the park owner to the occupants of the mobile home erected on the
lot and which is improved with the necessary utility connections and
other appurtenances necessary for the erection thereon of a single
mobile home.
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.
The Pennsylvania Municipalities Planning Code.[1]
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property shall also be
considered a multifamily project. Two-family dwellings in a multifamily
project shall be considered townhouses.
Polk Township, Monroe County, Pennsylvania.
A building which houses a nonresidential use.
Any commercial, industrial or institutional use of land,
or any other use of land which is not for residential purposes, but
excluding agricultural uses.
An area that is intended to provide light and air, and is designed for environmental, scenic, recreational, resource protection, amenity and/or buffer purposes and which contains no development improvements which are not specifically permitted by Chapter 400, Zoning, or the Township Subdivision and Land Development Ordinance.
Open space that is part of a particular conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
Open space that is part of a particular conservation design
subdivision development tract set aside for the protection of sensitive
natural features, farmland, forest land, scenic views and other primary
and secondary conservation areas and which is permanently restricted
from further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Township, or it may contain areas of farmland or forest land which
are not accessible to project residents or the public.
Open space that is dedicated or reserved for the use of the
general public in accord with the requirements of the Township Subdivision
and Land Development Ordinance.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to submit an
application for the development or use of land.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
Any lot or parcel of property which was legally in existence
and properly on file with the County Recorder of Deeds prior to the
effective date of the original Township Zoning Ordinance[3] and from which a lot or lots have been subdivided or are
proposed for subdivision. (See "lot, existing of record.")
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle and that is not located on a dedicated
street right-of-way.
A temporary storage area for a motor vehicle that is located
on a public or private street right-of-way.
A written instrument which may be accepted by the Board of
Supervisors in lieu of a requirement that certain improvements be
made by a developer before the final plan is granted final approval
and released for recording, 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, roads, sanitary sewage facilities, water supply and
distribution facilities, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements and buffer or screen planting which may be required.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A map or drawing indicating the subdivision or resubdivision
of land or a land development which in its various stages of preparation;
includes the following:
SKETCH PLANAn informal plan, identified as such with the title "Sketch Plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Township. This plan is drawn on tracing paper or similar material enabling municipal officials to see the relationship between the proposed layout and the property's features as identified on the existing resources and site analysis.
PRELIMINARY PLANA complete plan identified as such with the wording preliminary plan in the title accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional").
FINAL PLANA complete and exact plan identified as such with the wording final plan in the title, with a qualified professional's seal (see definition of "qualified professional") affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
RECORD PLANThe copy of the final plan which contains the original endorsements of the Board of Supervisors and which is intended to be recorded with the County Recorder of Deeds.
The Planning Commission of the Polk Township, Monroe County,
Pa.
A natural or artificial body of water 0.25 acre or larger
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
Sufficient slope to drain surface water away from buildings
without ponding.
See "resources, primary."
Land used for agricultural purposes that contains soils of
the first, second or third class, as defined by the United States
Department of Agriculture Natural Resource and Conservation Services
County Soil Survey.
An overnight camping facility with no improvements beyond
those required by law; no permanent structures other than tent platforms,
privies and maintenance buildings; and designed and restricted to
accommodate only persons using tents or similar apparatus to camp
in, not including any vehicle on wheels.
A building in which the primary or predominate use of a lot
is conducted, including any structure that is physically attached
to the principal building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
The primary or predominate use of a lot.
A nonprofit corporation organized by the developer or home
owners for the purpose of establishing an association of all property
owners in a private development which purposes shall include the ownership
and maintenance of open space common areas and all development improvements.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter and the MPC.[4]
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No.
93).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An individual authorized to prepare plans pursuant to § 503(1)
of the MPC[5] which states that plats and surveys shall be prepared
in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), known
as the "Engineer, Land Surveyor and Geologist Registration Law,"[6] except that this requirement shall not preclude the preparation
of a plat in accordance with the act of January 24, 1966 (P.L. 1527,
No. 535), known as the "Landscape Architects Registration Law,"[7] when it is appropriate to prepare the plat using professional
services set forth in the definition of the "practice of landscape
architecture" under Section 2 of that Act.
A structure not exceeding 600 square feet that is used on
a strictly temporary basis only for recreational purposes and not
as permanent living quarters which has been issued a zoning permit
for such use.
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 involving
changes in existing lot lines for the purpose, whether immediate or
future, of lease, rent, sale or transportation of ownership to provide
a site for occupancy by travel trailers, truck campers, camper trailers,
motor homes, or tents for transient use, whether or not a fee is charged.
Campgrounds, RV parks, primitive camping grounds and other similar
facilities shall fall under this definition.
A vehicle primarily designed and utilized as temporary living quarters for recreational, camping or travel use, whether self-propelled or mounted on, or drawn by another vehicle, and including travel trailers, recreational trailers, camping trailer, truck camper, motor homes and similar types of vehicles, but not including approved recreational cabins as defined in this Article II.
See "campground or RV park."
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. See also "addition" and
"alteration."
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
A parking place provided to accommodate a vehicle which is
queued in a lane awaiting service in a drive-in facility such as a
bank, fast-food restaurant or a car/truck wash.
Occupancy of a dwelling, generally for periods of more than
180 days, as opposed to temporary visits to bed-and-breakfast establishments,
motels, hotels, campgrounds and recreational vehicles, and which serves
as the legal address for the occupant. It also includes any dwelling
or structure where children who attend school reside.
A building or portion thereof which is used exclusively for
human habitation, including, but not limited to, single-family, two-family
and multifamily dwellings, and mobile homes.
Natural features consisting of one-hundred-year floodplain
(including the floodway), wetlands and prohibitive steep slopes (greater
than 25%). In conservation subdivisions, all conserved lands containing
primary resources are called "primary conservation areas."
Natural or cultural features outside primary conservation
areas that are worthy of conservation by inclusion in conservation
open space. See the prioritized list of such features in the Subdivision
and Land Development Ordinance. Lands containing secondary resources
that are conserved are called "secondary conservation areas."
Any revision, replatting or resubdivision of land which includes
changes to a recorded plan.
Lots which front on one street and back on another with vehicular
access solely from only one street.
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
That portion of rainfall or snowmelt which does not enter
the soil, but moves off the surface.
Visibly shielded or obscured from any adjoining or neighboring
property, any public or private road right-of-way, or any other premises
which is accomplished by topography, fencing, berms, natural and planted
vegetation or other means approved by the Township.
A method of visually shielding or obscuring a structure or
use from another by topography, fencing, walls, berms, planted vegetation
or a combination of these methods.
See "resources, secondary."
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the front lot line. See also "yard" and
"lot line."
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the rear lot line. See also "yard" and "lot
line."
The required minimum open space between the principal structure(s),
accessory structures, or other improvements and the nearest lot line
or right-of-way as provided by this chapter. See also "yard" and "lot
line." (See illustration.)
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A required open space extending from the front setback to
the rear setback between the principal structure(s), accessory structures,
or other improvements and the side lot line. See also "yard" and "lot
line."
Setbacks and Associated Yards
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A sanitary sewage collection system in which sewage is carried
from individual lots or dwelling units by a system of pipes to a central
treatment and disposal system or sewage treatment plant which may
be publicly or privately owned and operated. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall not be considered as off-site
sewage.
[Added 1-25-2016 by Ord.
No. 2016-03]
A single system of piping, tanks or other facilities serving
only a single lot and disposing of sewage in whole or in part into
the soil on that lot or as may be permitted on common open space in
a conservation subdivision design development. A system designed to
serve a two-family dwelling or two dwelling units located on the same
property or adjacent properties shall be considered on-site sewage
and all development standards will apply the same for each dwelling
or unit as any single-family unit.
The Township official certified by the Pennsylvania Department
of Environmental Protection who reviews permit applications and sewage
facilities planning modules, issues permits as authorized by the Pennsylvania
Sewage Facilities Act, as amended, and conducts investigations and
inspections that are necessary to implement the Act and its regulations.
A sanitary sewage collection and treatment system meeting
the requirements of the Pennsylvania Department of Environmental Protection
in which sewage is carried from individual lots or dwelling units
by a system of pipes to a central treatment and disposal facility
or system which may be publicly or privately owned and operated, and
which uses mechanical, biological and chemical processes to treat
and dispose of domestic sewage in accord with DEP Rules and Regulations
involving an effluent discharge to surface waters or to a soil-based
or other treatment system.
All pipes, fittings and appurtenances from the drain outlet
of the mobile home to the inlet of the corresponding sewer riser pipe.
That portion of the sewer lateral which extends vertically
to the ground elevation and terminates at each mobile home lot.
The improved portion of a street immediately adjoining the
travelway.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
Any tree with a caliper that is 12 inches or more in diameter
at breast height.
A natural watercourse. See "watercourse."
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley. Public rights-of-way shall be those open to the general
use of the public, not necessarily publicly dedicated.
ARTERIAL STREETDesigned to PennDOT standards primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions; and are designated as limited, controlled, or partial access streets, and average daily traffic is greater than 4,000.
CONNECTOR STREETCollects traffic from collector and minor streets and also provides a connection to arterial streets and between connector streets and average daily traffic is greater than 4,000.
COLLECTOR STREETGathers traffic from minor, local and marginal access streets and feeds this traffic to connector and arterial streets. Collector streets carry heavier traffic volumes than minor and local streets although they also provide direct access to individual uses located along them. Average daily traffic on collector streets ranges from 1,501 to 4,000 vehicles.
MINOR STREETGathers traffic from local and marginal access streets and feeds this traffic to collector and connector streets. Average daily traffic on minor streets ranges from 501 to 1,500 vehicles.
LOCAL STREETProvides direct access to individual uses and feeds this traffic to minor or collector streets. Average daily traffic on local streets does not exceed 500 vehicles.
PRIVATE ACCESSProvides access to residential lots from a public or approved street and the lots do not have direct access to a public or approved street.
A type of street which is terminated at one end by a permitted
turnaround and which intersects another street at the other end.
A minor street which intersects other streets on each end
and may intersect a cul-de-sac street at some point between each end
and not furnishing access to more than 75 dwelling units.
A type of street which is parallel and adjacent to collector,
connector or arterial streets and provides access to abutting properties
and control of intersections with streets of higher classification.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
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.
MINOR SUBDIVISIONA subdivision that creates five lots or less, or the cumulative development on a lot-by-lot basis for a total of five lots or less of any original tract of record (i.e., not subdivided or developed subsequent to June 17, 1992, the effective date of the original Township Subdivision and Land Development Ordinance); and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
LOT IMPROVEMENT SUBDIVISION(Also known as add-on subdivision.) A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or re-allotment of small lots into a larger lot or lots.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to this chapter) 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 Polk Township.
A professional land surveyor licensed as such in the Commonwealth
of Pennsylvania.
A movable shelter made of canvas or other similar new material
and supported by a pole or poles.
The Township of Polk, Monroe County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Polk Township.
See "lot."
The tract area remaining when the specified constrained land
has been deducted from the gross tract acreage. ATA is used to calculate
both density and open space.
The total amount of land contained within the limits of the
legally described property lines bounding the tract.
The portion of the cartway used for normal movement of vehicles.
Any area of land on which the vegetation has not been cut
or removed or where the soil has not been turned, displaced, graded
or removed.
An isolated, contained basin depression that holds water
for at least two months in the spring and summer, critical to several
amphibian, reptile and invertebrate species. It also provides important
storage for stormwater runoff and spring snowmelt that would otherwise
contribute to downstream flooding. A vernal pond is no bigger than
300 feet long and 120 feet wide and is often much smaller.
Any natural or man-made freshwater pond, lake or stream.
This shall not include any pond or facility designed and constructed
solely to contain stormwater.
All pipes, fittings and appurtenances from the water-riser
pipe to the water inlet pipe of the central water system in the mobile
home park.
That portion of the water service pipe which extends vertically
to the ground elevation and terminates at each mobile home lot.
All pipes, fittings, valves, and appurtenances from the water
main of the mobile home park central water system to the water outlet
of the distribution system within the mobile home.
A drinking water supply system in which drinking water is
carried to individual lots or dwelling units by a system of pipes
from a central source not located on any of the served lots and which
may be publicly or privately owned and operated.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on adjacent conservation
land via a use and access easement.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, fens, and similar areas and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
A stand of predominantly native vegetation covering at least
one acre, consisting of at least 50% cover of mature trees of varying
size.
The area between the principal structure(s) and the adjoining
lot line or right-of-way. (See also "setback.")
Setbacks and Associated Yards
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