[Ord. No. 4-2005, 8/9/2005]
For the purposes of this chapter, the following words and phrases
shall have the meaning as given in this Part. Words in the present
tense include the future. The singular include the plural. The word
"shall" is mandatory; the word "may" is optional. The word "person"
means an individual, corporation, partnership, firm, association,
company or any other similar entity.
A landowner or development, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
All required documents and fees in accordance with the approved
preliminary application. Except as follows, no action shall be undertaken
on the land covered by the subject application, until the Board of
Supervisors has approved the final application and all conditions
of approval have been met by the applicant:
A complete set of plans, drawings and other documents, including
fees, as required herein. The approved preliminary application shall
depict the final plan to be implemented by the subdivider/developer.
An area bounded by streets, rights-of-way, waterways or other
definite boundaries.
Lines parallel to and set back from the lot line a distance
equal to the depth of the yard required.
The diameter of the main trunk of a tree. Caliper measurement
shall be taken at a point on the trunk six inches above natural ground
line for trees up to four inches in caliper and at a point 12 inches
above the natural ground line for trees over four inches in caliper.
The surface of a street or road available for vehicular traffic.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
The County of Luzerne, Commonwealth of Pennsylvania.
A dead-end street having one end open to traffic and one
end terminated by a vehicular turnaround.
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 or resubdivision (see "applicant").
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile (manufactured) homes, streets and other paving,
utilities, mining, dredging, filling, grading, excavation, or drilling
operations, and the subdivision of land.
The provisions for development, including a planned residential
development, a plot of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A building or a portion thereof designed for and used exclusively for residential occupancy. For the purpose of this chapter, types of dwelling units shall be as defined in Chapter 27, Zoning, of the Code of the Township of Sugarloaf.
A defined right of use or privilege granted for the limited
use of public, quasi-public, or private purposes.
A registered professional engineer in Pennsylvania designated
by the Township to perform the duties of engineer as herein specified.
The Township Engineer or other qualified person designated by the
governing body to perform all administrative and/or supervisory duties
required of the Municipal Engineer by the provisions of this Part;
provided, however, that the Municipal Engineer shall not represent
any developer/applicant or be employed by a firm representing a developer/applicant.
The engineering specifications of the Township regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, carried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
Areas with a slope of 20% or more which are deemed by the
Planning Commission as unsuitable for development, and thereby deducted
from the gross site area for purposes of calculating residential densities.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom.
The difference in elevation between a point on the original
ground and a designed point of higher elevation of the final grade.
The material used to make fill.
The Fire Chief of Sugarloaf Township.
FLOOD-PRONE AREAA relatively flat or low land area, adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation of runoff or surface waters from any source.
FLOODWAYThe designated area of a floodplain required to carry and discharge flood water of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
YEAR FLOODD — A flood that, on the average, is likely to occur every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net site area.
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IMPERVIOUS SURFACE RATIO (example)
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Total area of impervious surfaces
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=
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0.80 acres
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=
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0.087
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Net site area
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9.17 acres
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Those surfaces that do not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks, and any areas in concrete, asphalt,
and packed stone shall be considered impervious surfaces within this
definition. In addition, other areas determined by the Sugarloaf Township
Engineer to be impervious within the meaning of this definition will
also be classed as impervious surfaces.
Those physical additions, installations, and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and street shade
trees.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Excluded from this definition of land development are the following:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three 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 the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as the 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 proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not the
holder of an option or contract is subject to any conditions), a lessee
if he is authorized under the lease to exercise the rights of the
landowner, or other person having a proprietary interest in the land,
shall be deemed to be a landowner for the purpose of this chapter.
As described in the Highway Capacity Manual, Special Report
209 (Washington, DC: Transportation Research Board, National Research
Council, 1985, as may be amended from time to time), the quality of
traffic movement on a particular street or through a particular intersection.
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 and having frontage on a dedicated street
or road.
The area contained within the property lines of a lot as
shown on a subdivision plan, excluding space within any street right-of-way,
but including the area of any easement.
A subdivision which involves the combination of a maximum
of three adjoining lots of record as shown in the office of the Recorder
of Deeds in and for Luzerne County and which eliminate, move or adjust
lot lines but do not involve the creation of any additional lot or
lot lines (see "subdivision, minor").
[Added by Ord. No. 1-2016, 3/8/2016]
A lot extending between and having frontage on an arterial
street and a minor street, and a vehicular access solely from the
latter.
A lot with front and rear street frontage.
Any security, other than cash, which may be accepted by the
Township of Sugarloaf for the maintenance of any improvements required
by this chapter.
Any intersection of one or more collector or arterial streets.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile (manufactured) 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 (manufactured) homes.
A concrete, stone, or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference m land and property survey.
For the purpose of these regulations, the official filing
date shall be the date of the regular meeting of the Planning Commission
next following the date the properly completed application and plans
are received in the Municipal Building, provided that should said
regular meeting occur more than 30 days following the submission of
the application, the official filing date shall be the 30th day following
the day the application has been submitted.
OPEN SPACE, COMMONA parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the residential development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.
OPEN SPACE, DEVELOPED (ACTIVE)Land that is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).
OPEN SPACE, UNDEVELOPED (PASSIVE)Land used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to ensure that it remains as open space.
A "parcel" shall be any piece of land, including all adjacent
pieces of land held in single and separate ownership by the same owner(s)
regardless of the fact that such ownership may be described in separate
deeds.
The highest number of vehicles found or expected to be found
during the a.m. or p.m. hours, passing over a section of street in
60 consecutive minutes.
A complete and exact subdivision or land development plan
prepared for official recording as required by statute and to define
property rights and proposed streets and other improvements.
A tentative subdivision or land development plan, in lesser
detail than the final plan, indicating the approximate proposed layouts
of a subdivision or a land development as a basis for consideration
prior to preparation of the final plan.
An informal plan, not necessarily to exact scale, indicating
existing features of a tract, its surroundings and the general layout
of a proposed subdivision or land development.
A plan for controlling erosion and sediment during construction
which shall provide all steps, including scheduling, to assure erosion
and sediment control during all phases of construction, including
final stabilization.
The Sugarloaf Township Planning Commission.
The agency charged with the responsibility of reviewing all
subdivision and land development applications, and proposed subdivision
and land development ordinances and amendments.
The map or plan of a subdivision or land development, whether
preliminary or final, delineating the location and boundaries of individual
properties.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants
(CPAs), engineers, geologists, land surveyors, landscape architects,
or planners.
Includes the following:
A formal meeting held pursuant to public notice by the Board
of Supervisors, Zoning Hearing Board or Planning Commission, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[1]
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time, place and date of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days nor less than seven days prior to the
date of the hearing.
Transportation service for the general public provided by
a common carrier of passengers generally on a regular-route basis.
No application or notice referred to herein shall be deemed
to be received by the Township prior to the date of the regular monthly
meeting of the Board of Supervisors or the Township Planning Commission,
as the case may be; provided, however, that in the event that a regular
meeting is not held within 30 days of delivery to the Township, the
date of receipt shall be deemed the 30th day following delivery to
the Township. Incomplete applications shall not be considered as received.
Any method, process or substance whose supply is rejuvenated
through a natural process and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
Any replatting or new division of land. Replattings shall
be considered as constituting a new subdivision of land. See definition
of "subdivision."
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designed as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, or however designated.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off of the surface of the land.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
The maximum extent of unobstructed vision (in a horizontal
or vertical plane) along a roadway from a vehicle located at any given
point on the roadway when the view is unobstructed by traffic.
A computation intended to determine the appropriate intensity
of use for a given tract.
The face of an embankment or cut section; the surface of
any ground which makes an angle with the plan of the horizon. Slopes
are usually expressed in a percentage based upon vertical difference
in feet per 100 feet of horizontal distance.
Areas where the slope exceeds 15% that, because of this slope,
are subject to high rates of stormwater runoff and, therefore, erosion.
A public or private thoroughfare with a right-of-way not
less than 30 feet in width if in existence prior to the passage of
this chapter or a right-of-way of not less than 50 feet in width if
established subsequent to the passage of this chapter which affords
the principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road and any other thoroughfares.
PRINCIPAL ARTERIALSMajor regional highways, with full or partial access control, designed for a large volume of through traffic, with an expected average daily traffic count of 4,001 trips or greater.
MINOR ARTERIALSRoutes providing interstate and intercounty service with an expected average daily traffic count of 3,001 to 4,000 trips.
MAJOR COLLECTORSStreets designed to provide access between local, feeder or minor collector streets and arterials and expressways. Access is controlled by limiting curb cuts and providing marginal access areas. An average daily traffic count of 2,001 to 3,000 trips is expected.
MINOR COLLECTORSStreets that primarily serve to connect feeder and local streets with major collectors and arterials. An average daily traffic count of 1,201 to 2,000 trips is expected.
FEEDER STREETSStreets providing connection between local streets and collectors having an average daily traffic count of from 651 to 1,200 trips and designed for an operating speed of 25 miles per hour.
LOCAL STREETSStreets used primarily to provide access to more heavily traveled streets for abutting properties in internally developed areas. An average daily traffic count of up to 650 trips is expected and designed for an operating speed of 25 miles per hour.
SIDE STREETAny street, the length of which shall be not more than 50% of the length of the largest street line of the municipality's blocks of which it is part.
RESIDENTIAL STREETA street between two intersecting streets upon which an R-District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
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The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way provided that where
an ultimate right-of-way width for a street has been established,
that width shall determine the location of the street line.
The shortest distance between the lines delineating the right-of-way
of a street.
All streets and rights-of-way not dedicated, accepted and
maintained as public streets.
A street dedicated to public use.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location
on the ground. Among other things, structures include buildings, manufactured
homes, carports, walls, fences and billboards.
An area extending 0.5 mile along a street adjacent to the
site, in both directions from all proposed or existing access points;
or to and including a major intersection with a collector or arterial,
whichever area is greater.
The owner, or authorized agent of the owner, of a subdivision.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or of other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, transfer of ownership, or of
building or lot development; provided, however, that the division
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access, shall be exempted.
SUBDIVISION, MAJORA "major subdivision" shall be the division of any lot, tract or parcel of land or parcels of land which abut a street of insufficient width or requires that a street be laid out through unimproved land, or the division of any lot, tract or parcel of land into an aggregate of six or more lots, tracts, or parcels of land, including changes in street lines or lot lines, for the purposes, whether immediate or future, of transfer of ownership or of building development. Any subdivision which is not a minor subdivision shall be considered as a major subdivision, and all land developments shall be considered as major subdivisions.
SUBDIVISION, MINORA "minor subdivision" shall be the division of any lot, tract, or parcel of land, or a part thereof into fewer than six lots, tracts or parcels of land, including changes in street lines or lot lines, for the purpose, whether immediate or future, or transfer of ownership or of building development, where such division, change or transfer is located on an existing improved street and does not involve installation of improvements as required by this chapter; extension of utilities; adverse effect to the development of the remaining parcel; adverse effect to adjoining properties; and conflict with the Township of Sugarloaf's Comprehensive Plan, Chapter 27, Zoning, any portion of this chapter or other state, county or Sugarloaf Township ordinances, laws or regulations. No parcel of land held in single or separate ownership at the time of application for a minor subdivision may be further subdivided into an aggregate of five or more lots, tracts, or parcels of land, at any time subsequent to that date except in accordance with the requirements for a major subdivision.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvement 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.
A plan showing all present and proposed grades and facilities
for stormwater drainage.
A registered land surveyor, as defined by the Registration
Act of the Commonwealth of Pennsylvania.[2]
A low-lying stretch of land which gathers or carries surface
water runoff.
Surface soils and subsurface soils which presumably are fertile
soils and soil material ordinarily rich in organic matter or humus
debris. Topsoil usually found in the uppermost soil layer called the
"A horizon."
The total count of trips expected to and from a particular
land use.
Any lot, tract or parcel of land which has not been graded
or in any other manner improved or prepared for subdivision or land
development or the construction of a building.
A procedure, as described in the Highway Capacity Manual,
Special Report 209 (Washington, DC: Transportation Research Board,
National Research Council, 1985, as may be amended from time to time),
that compares the volume of a street or intersection approach to its
capacity (maximum number of vehicles that can pass a given point during
a given time period).
A series of justifications that detail the minimum traffic
or pedestrian volumes or other criteria necessary for the installation
of a traffic signal. These warrants are contained in the Manual on
Uniform Traffic Control Devices for Streets and Highways, United States
Department of Transportation, Federal Highway Administration, 1971,
Sections 4C-1 through 4C-10, as may be amended from time to time.
A stream of water, river, brook, creek or a channel of a
perceptible extent, with definite bed and banks to confine and conduct
continuously or periodically flowing water.
Those areas that are inundated or saturated by the 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, and similar areas. The term includes but is
not limited to wetlands areas listed in the State Water Plan, the
United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan, and any wetland area designated
by the River Basin Commission.
Areas, groves, or stands of mature or largely mature trees
(i.e., greater than six inches' caliper as measured at a point four
feet above grade) covering an area greater than 1/4 acre; or groves
of mature trees (greater then 12 inches' caliper as measured at a
point four feet above grade) consisting of more than 10 individual
trees. Woodlands consist of three different associations that can
be determined by field survey in combination with aerial photo interpretation.
MEISIC ASSOCIATIONA woodland association that occurs on poorly drained soils, and that will, over time, consist mainly of beech trees. Mature trees within this association consist of:
UPLAND ASSOCIATIONA woodland association that occurs on slightly drier and more well-drained soils, and that will, over time, consist mostly of mixed oaks. Mature trees within this association consist of:
