For the purpose of this chapter, words used in the present tense
include the future tense. Words in the singular include the plural
and words in the plural include the singular. The words "person" and
"owner" include a corporation, unincorporated association and a partnership,
as well as an individual. The words "building" and "street" are used
generally and shall be construed as if followed by the phrase "or
part thereof." The words "may" and "should" are permissive; the words
"shall" and "will" are mandatory. The words "used" or "occupied" include
designated, intended or arranged to be used or occupied. Where terms
or words are not specifically defined, they shall have their ordinarily
accepted meanings or such as the context may imply.
The following words or phrases used herein shall be interpreted
or defined as follows:
A state of being side by side, next to, adjoining, contiguous
or abutting one to another.
Total lot area minus the constrained land.
[Added 5-4-2005 by Ord.
No. 137]
A person who receives plans or otherwise acts in a clerical
capacity for and on behalf of the Planning Commission.
Any person, other than the subdivided, who submits to the
Commission subdivision or land development plans for the purpose of
obtaining approval thereof.
A minor vehicular right-of-way providing only a secondary
means of access solely to abutting commercial or industrial property;
such alley shall be privately improved and maintained by the owners
using or benefiting from the same.
A landowner or developer, as hereinafter defined, who has
filed an application for a development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for approval of a subdivision plat or plan or for the approval
of a development plan.
Property bounded on one side by a street, and on the other
three sides by a street, railroad right-of-way, waterway, unsubdivided
area or other definite barrier.
The Board of Supervisors of Barrett Township, Monroe County,
Pennsylvania.
Any type of structure designed for the shelter of people,
animals or property.
A line within a property defining the required minimum distance
between any building and the adjacent right-of-way line or property
line. Such line shall be measured at right angles from the street
right-of-way line or lot line which abuts the property upon which
said building is located and shall be parallel to the said right-of-way
line or property line.
A planned development, under single ownership, for rental
or lease only of sites for use as tent and/or recreational vehicle
camping, on a temporary basis only, with or without recreational facilities
and serviced with central water and central sewage.
The graded portion of a street or alley. including the travel
way and shoulders.
The Barrett Township Planning Commission.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site designed and intended
for the use and enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities.
The complete plan or any part of the plan for the development
of Barrett Township adopted in accordance with the Pennsylvania Municipalities
Planning Code.[1]
The sum of certain physical features, each of which is multiplied by a netout factor in this chapter and Chapter 525, Zoning.
[Added 5-4-2005 by Ord.
No. 137]
Monroe County, Pennsylvania.
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
A street having one end open to traffic and being permanently
terminated at the other end by a vehicular turnaround.
A street or portion of a street with only one vehicular outlet,
but may have a temporary turnaround at the other end and which may
be designed to be continued when adjacent open land is subdivided.
The deliberate appropriation of land by its owner for any
general and public, or limited public, use, reserving to himself no
other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
The Pennsylvania Department of Environmental Protection.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or land development.
The provisions for development, including a planned residential
development, a plat 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 "provision of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in the definitions.
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 rights-of-way,
parks, recreational areas, or any part of any subdivision, land development
or contiguous land areas.
A plan showing all existing and proposed facilities to collect
and convey surface drainage, described by grades, contours, topography
and appurtenances.
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.
Any building, vehicle, or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
as further defined below.
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities, in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
A building containing three or more dwelling units per building
and being designed for occupancy of families living independently
of each other.
A detached building, designed for and occupied exclusively
by one family.
A detached or semidetached building where not more than two
individual family dwelling units are entirely separated by vertical
walls and/or horizontal floors.
A grant by the property owner of the use of land by the public,
a corporation or persons for specified purposes.
A professional engineer licensed by the Commonwealth of Pennsylvania.
The flood hazard area is that land adjoining any perennial
stream or adjoining any wetlands, ponds or lakes designated as such
on the latest Federal Insurance Rate Maps (FIRM).
A relatively flat or low land area adjoining a river, a stream
or watercourse, which is periodically subject to partial or complete
inundation or flooding.
The Board of Supervisors of Barrett Township.
A street parallel and adjacent to a property line having
a lesser right-of-way width than required for satisfactory improvement
and use of the street.
Same as "street."
Any structure or site that is:
[Added 5-4-2005 by Ord.
No. 137]
Listed individually in the National Register of Historic Places
(a listing maintained by the U.S. Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places.
Individually listed on the Township's Open Space and Recreation
Plan, as amended.
An organization operating under recorded agreements through
which each lot and/or home or unit owner in a planned or other described
land area is automatically a member or each lot or unit is automatically
subject to charge for a proportionate share of expenses for the organization's
activities, such as maintaining a common property, and the charge,
if unpaid, becomes a lien against the property.
Same as "mobile home."
Those physical additions, installations and changes required
to render the land suitable for the use proposed. Required improvements
shall be those as are listed in this chapter as required for the said
subdivision or land development.
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,
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, condominium, building groups or other features.
A subdivision of land.
Land development does not include:
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 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 plans for the expanded area have
been approved by proper authorities.
Land development plans depict uses defined as land developments and shall be drawn and/or submitted pursuant to Article VI of this chapter except where otherwise specified.
The legal or beneficial owner of owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to conditions), a lessee, if he is authorized
under the lease to exercise the rights of the landowner, or other
persons having a proprietary interest in the land.
A 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.
The computed area contained within the lot lines. The net area of all lots shall conform to § 450-49E.
The horizontal distance between the front and rear lot lines,
measured perpendicular or radial from the mid point of the front lot
line.
The line separating the lot from an existing or proposed
street right-of-way.
In the case of corner lots, the front lot line shall be that
line separating the lot from the street right-of-way which has the
lesser classification; the line separating the lot from the other
street right-of-way is called the "side street lot line." The yard
adjacent to the side street lot line shall be the same as the yard
adjacent to the front lot line.
In the case of through lots, the frontage from which access
is gained shall be the front lot line.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side street lot
line."
A lot line separating the lot from a street or alley.
The property lines bounding the lot.
A group of two or more individual property owners, whether
or not formally organized and duly constituted, having the intent
and purpose of constructing, preserving, operating, or maintaining
land and/or facilities which are not dedicated to or accepted by the
Township and which are provided for or intended to be provided for
the common use of said property owners or for the general benefit
of the community.
The horizontal distance between the side lot lines, measured along the prescribed front setback line as set forth in Chapter 525, Zoning, and parallel to the front lot line.
A lot situated at and abutting the intersection of two streets.
A lot which fronts upon two parallel or approximately parallel
streets which do not intersect at the boundaries of the lot.
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 home.
A parcel of land which has been so designated and improved
that it contains two or more mobile home sites for the placement thereon
of single mobile homes.
A waiver granted by the Barrett Township Board of Supervisors
from the terms and conditions of this chapter where literal enforcement
would create unnecessary hardship as a result of peculiar or unique
conditions or circumstances pertaining only to the street in question
and when granting the said modification would not be contrary to the
public interest.
An adjective describing a type of facility or activity owned
and/or operated by a municipality or municipal authority.
Barrett Township, Monroe County, Pennsylvania.
Existing and proposed contours, areas subject to flooding
or stormwater overflows, watercourses, wetlands and marshes, steep
slope and wooded areas, rock outcrops, isolated trees with a diameter
of eight inches or more measured four feet above the average ground
level and other significant existing features.
The acreage of a lot, tract or parcel of land that does not
include any street right-of-way or any permanent, easement other than
easements located between the lot lines and the required building
setback line.
The comprehensive development plan as may be adopted by the
Barrett Township Board of Supervisors pursuant to the Pennsylvania
Municipalities Planning Code.[3]
A written instrument which may be accepted by the Township
Board of Supervisors in lieu of a requirement that certain improvements
be made by a subdivider or developer before the record plan is endorsed
and released for recording or prior to the issuance of a certificate
of occupancy, which shall provide for the deposit with the Township
of financial security in an amount sufficient to cover the costs of
any improvements or common amenities, including, but not limited to,
streets, sanitary sewage facilities, water supply and distribution
facilities, stormwater management facilities, recreational facilities,
open space improvements and buffer or screen plantings which may be
required. The financial security provided by the developer shall be
in the form of an escrow or trust agreement, or other similar collateral
or surety agreement, executed by the developer, in form acceptable
to the Township, supported by collateral or security in the form of:
Cash or certified check payable to the Township;
An unconditional guarantee by a corporate surety company authorized
and qualified for the issuance of surety bonds in the Commonwealth
of Pennsylvania;
An irrevocable unconditional letter of credit from a federal
or commonwealth-chartered lending institution, having its principal
place of business located within the Commonwealth of Pennsylvania,
and with credit approved by the Township; or
A restrictive or escrow account in a federal or commonwealth-chartered
lending institution.
The map or plan of a subdivision or land development, whether
preliminary or final.
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 proposed subdivision to be used as a basis for consideration by the Township.
PRELIMINARY PLANA complete plan prepared by an engineer or surveyor, identified as such with the wording PRELIMINARY PLAN in the title, accurately showing proposed streets, lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan identified as such with the wording FINAL PLAN in the title, with engineer's or surveyor's seal affixed and prepared for official recording as required by this chapter to define property and proposed streets and other improvements.
RECORD PLANAn exact copy of the approved final plan, reproducible, of standard size, with necessary signatures and prepared for recording with the Monroe County Recorder of Deeds.
Same as "commission."
A single-family dwelling exceeding 20 feet in width, designed
for transportation after fabrication on streets and highways on its
own wheels or on a flatbed trailer and arriving at a site ready to
be occupied as a dwelling except for assembly operations, location
on a permanent foundation and connection to utilities.
Lands located within the 100-year floodplain, wetlands and
slopes in excess of 25%.
[Added 5-4-2005 by Ord.
No. 137]
The general citizenry and/or the specific residents of a
particular subdivision.
Includes:
A formal meeting held pursuant to public notice by the governing
body or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code.[4]
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq.
[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 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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A truck-mounted camper, an auto, a truck, van, bus or trailer
built or adapted to vacation living, a floating houseboat, tent camper
or other similar device used for temporary portable housing.
A parcel of ground in separate ownership separating a street
from other adjacent properties or from another street.
Any resubdivision or replatting of land, which includes changes
to a recorded plan.
Lots which front on one public street and back on another,
with vehicular access from only one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
Areas where the bedrock protrudes through the surface of
the ground.
[Added 5-4-2005 by Ord.
No. 137]
Special features of a property that would ordinarily be overlooked
or ignored during the design process. Such features include the following,
listed in order of significance:
[Added 5-4-2005 by Ord.
No. 137]
Hydric soils, swales, springs and lowland areas other than wetlands,
including adjacent buffer areas which may be required to insure their
protection.
Moderately steep slopes up to 25%, particularly those adjoining
watercourses and ponds, where disturbance and resulting soil erosion
and sedimentation could be detrimental to water quality.
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
Hedgerows, groups of trees, large individual trees of botanic
significance, and other vegetative features.
Historic structures and sites.
Visually prominent topographic features, such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads (particularly
those with historic features).
Existing trails connecting the tract to other locations in the
Township.
Disturbance of environmentally sensitive areas, such as lands
within the 100-year floodplain, wetlands, slopes in excess of 25%,
and rock outcroppings.
[Added 5-4-2005 by Ord.
No. 137]
A public and/or private utility system designed to collect,
centrally treat and dispose of sewage from users in compliance with
DEP regulations pursuant to Act No. 394, the Clean Streams Act, as
amended, and Act No. 537, the Pennsylvania Sewage Facilities Act,
as amended,[5] or regulations of the Township, whichever may be more
stringent.
A sewage collection and disposal system in which sewage is
carried from more than one individual lot, dwelling unit or commercial
building by a system of pipes to a central treatment facility or subsurface
disposal area in compliance with the Pennsylvania Department of Environmental
Protection regulations.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot for one dwelling unit or
one building located on the said lot.
The connection consisting of all pipes, fittings, and appurtenances
from the drain outlet of a dwelling or building to the inlet of the
street or main collector sewer pipe of the sewerage system serving
the subdivision or development.
The improved portion of a street immediately adjoining the
travel way.
The length of street, measured along the center line which
is continuously visible from any point 3.5 feet above the center line
to an object six inches above the road surface.
Any entity owning property or having any equitable interest
in any property as it relates to this chapter.
Site alterations shall include regrading of the existing
topography, filling of lakes, ponds, marshes or floodplains, extensive
clearing of existing vegetation or trees and altering of watercourses.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slope is expressed
as a percentage based upon vertical difference in feet per 100 feet
of horizontal distance.
[Added 5-4-2005 by Ord.
No. 137]
SLOPE, MODERATELY STEEPAreas between 15% slope and 25% slope as measured over a minimum vertical distance of six feet or three contiguous contour segments at two-foot contour intervals.
SLOPE, STEEPAreas with slopes in excess of 25% slope as measured over a minimum vertical distance of six feet or three contiguous contour segments at two-foot contour intervals.
A scientific survey of soil conditions and characteristics
prepared by an engineer, soil scientist, or by the Natural Resources
Conservation Service in the county.
Includes streets, avenues, boulevards, roads, highways, freeways,
parkways, lanes, alleys, viaducts and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private. Streets are further classified as follows:
CONNECTOR STREETSConnector streets collect traffic from minor and collector streets and provide a connection between villages. Connector streets serve an unlimited number of dwelling units and unlimited average daily traffic, a large portion thereof generally being through traffic.
COLLECTOR STREETSCollector streets gather traffic from minor streets and feed this traffic to connector streets. Collector streets carry heavier traffic volumes than minor streets although they also provide direct access to individual uses located along them. Collector streets serve up to an ultimate 650 dwelling units or up to an ultimate average daily traffic count of 4,000 vehicles.
MINOR STREETMinor streets primarily provide direct access to individual abutting uses and feed this traffic to collector streets. Minor streets serve up to an ultimate 200 dwelling units or up to an average daily traffic count of 1,250 vehicles.
CUL-DE-SAC STREETA cul-de-sac street is a minor street permanently terminated at one end by a vehicular turnaround and intersects another street at the other end. The length of the cul-de-sac street shall not exceed 2,000 feet.
PRIVATE ACCESSA minor vehicular right-of-way or strip of land providing access to private property not having frontage on an approved street, which shall be privately improved and maintained by the owners using or benefiting from the same; use of such access is limited solely to minor subdivisions or undeveloped land and shall not serve more than one lot, parcel or principal building.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Same as "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.
A division of any part, parcel or area of land, which does
not fall within the category of a minor subdivision as defined within
this chapter.
Division of land under any one of the following classifications:
A division of any part, parcel or area of land which:
Involves no new road or street or extension of improvement of
an existing road or street other than a private street as defined
by this chapter, provided such private street has a minimum right-of-way
width of 50 feet; and
Prohibits any further subdivision of the lots except as provided in Subsection C of this section or unless approval of the Supervisors is first obtained.
A division of any part, parcel or area of land for agricultural,
lumbering, hunting or fishing purposes, which:
Involves no new road or street or extension or improvement of
an existing road or street other than a private street as defined
by this chapter, provided such private street has a minimum right-of-way
width of 50 feet;
Provides that the installation of any sewage facilities shall
conform to the requirements of the Department of Environmental Protection;
Provides that the use of any lot is limited to agricultural,
lumbering, hunting or fishing purposes unless the approval of the
Supervisors is first obtained; and
Prohibits any further subdivision of the lots unless the approval
of the Supervisors is first obtained.
A division of any part, parcel or area of land for the purpose
of joining, merging or annexing a lot to an existing lot, parcel or
tract of land, providing a covenant running with the parcel to be
conveyed merges it with and makes it an inseparable part of the parcel
to which it is joined. Provided, however, that any such minor subdivision
(including the residual use thereof):
Is consistent with any Township Development Plan or Official
Map.
Is consistent with Chapter 525, Zoning.
Is consistent with all provisions of this chapter.
Provides for and does not adversely affect development of the
remainder of the tract.
Contains not more than five lots.
Involves no extension of municipal facilities.
A combination of adjacent lots in a previously recorded subdivision plan shall be subject to the procedure set forth in § 450-37, Lot combination plans.
[Added 5-14-2014 by Ord.
No. 179]
The Board of Supervisors of Barrett Township, Monroe County,
Pennsylvania, which is the present Township governing body of Barrett
Township.
A registered surveyor licensed by the State of Pennsylvania.
Barrett Township, Monroe County, Pennsylvania.
Same as "comprehensive plan."
The professional engineer designated by the Township supervisors
to perform all duties required of the Township Engineer by the provisions
of this chapter.
The Secretary of the Board of Supervisors of Barrett Township.
The entire plot or parcel of land which is to be subdivided
or developed in whole or in part.
Same as "campground."
That portion of a street, which is intended for vehicular
movement.
Land in parcels sufficiently large for future subdivision,
which is presently agricultural, woodland or lying fallow.
A vehicle designed for recreational use, used for temporary
living or sleeping purposes, which is self-propelled or is designed
to be towed by a light-duty vehicle.
The connection consisting of all pipes, fittings and appurtenances
from the water pipe of a dwelling or building to the pipe of the water
distribution system serving the subdivision or development.
A public and/or private utility system designed to transmit
water from one or more common utility systems designed to transmit
water from one or more common sources to users in compliance with
DEP regulations or regulations of the Township, whichever may be more
stringent.
A system for supplying and transmitting water to a single-family
dwelling or other buildings from a source located on the same lot
in compliance with the Pennsylvania Department of Environmental Protection
regulations.
A discernible, definable natural course of channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring and be permanent in nature or it may originate from a temporary
source, such as a runoff from rain or melting snow.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.
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 any building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as specified in Chapter 525, Zoning.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line or side street lot line, unoccupied and unobstructed from the ground upward except as specified in Chapter 525, Zoning.
YARD, REARAn 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 in Chapter 525, Zoning.
YARD, SIDEAn 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 in Chapter 525, Zoning.
Chapter 525, Zoning, of this Code, and all amendments thereto.
