[Ord. 208, 9/25/2012]
The following specific definitions apply in this Chapter.
AGENTAny person, other than the applicant/developer, who, acting for the applicant/developer, submits to the Township subdivision plans for the purpose of obtaining approval thereof.
APPLICANT/DEVELOPERAny landowner, agent of such landowner or tenant with permission of such landowner who has filed an application for development; including his heirs, successors and assigns.
BICYCLE PATHSOff-street bikeways laid out on private property, public rights-of-way, open land or recreational areas.
BLOCKAn area bounded by streets.
BOARD OF SUPERVISORSThe word “Supervisors” or the words “Board of Supervisors” mean the Smithfield Township Board of Supervisors.
BUILDINGAny structure having a roof and used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING SETBACK LINEThe line within a property defining the minimum required distance between the principal building to be erected and an adjacent lot line.
CARTWAYThe portion of a street intended for vehicular use.
COMMON OPEN SPACE (Greenway Lands)A parcel or parcels of land or an area of water, or a combination of land and water within a development, set aside for the protection of natural and cultural resources. Common open space (Greenway land) consists of primary and secondary conservation areas and is permanently restricted against further development. The terms “Greenway” and “Greenway land” are synonymous.
CONSERVATION AREAS, PRIMARY (PCA)Lands upon which primary resources are located in conservation subdivisions. All primary conservation areas are required to be located within common open space (Greenway lands).
COUNTYMonroe County, Commonwealth of Pennsylvania.
CUL-DE-SAC STREETA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
DETENTION BASINAn area designed to hold stormwater or surface runoff and discharge the impounded water at a controlled rate. This area may drain dry or may be normally a wet area with the capacity to act as a detention basin.
DEVELOPMENTAny man-made change or improvement, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading and clearing of vegetation, excavation, mining, dredging or drilling operations or demolition.
DEVELOPMENT PLANThe provisions for land 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 lands and public facilities. The phrase “provisions of the development plan” shall mean the written and graphic materials referred to in this definition.
DRAINAGE FACILITYAny ditch, gutter, pipe, culvert, storm sewer, detention or retention basin or other structure designed, intended or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, rights-of-way, parks, recreational areas, paved areas or any part of any subdivision.
DRIVEWAYA vehicular accessway connecting a street and a parking area or garage within a lot or property.
DWELLINGA building containing one or more dwelling units designed or used exclusively as living quarters.
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
ENGINEERThe Township Engineer or other licensed engineer designated by the Supervisors to perform the duties of engineer as herein specified. Such engineer shall be registered in accordance with the Pennsylvania Engineer, Land Surveyor and Geologist Registration Law.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, the Township or other governmental authority or another person or entity.
EROSIONThe removal of surface materials by the action of natural elements.
FLAG LOT or LANE LOTA lot which does not have the minimum lot width required at the minimum required front building setback line but which attains the minimum lot width required at a distance from the right-of-way line greater than the minimum front yard setback. The lot includes a strip of land owned in fee simple, which is the lane or flagpole portion of the lot, connecting the street with the flag portion of the lot.
GRADE, FINISHEDThe completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto.
IMPERVIOUS SURFACEImpervious surface shall include any material that reduces or prevents absorption of stormwater into previously undeveloped land.
IMPROVEMENTSThose physical additions, installations and changes required, such as streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, driveways, parking areas and any other items required to render land suitable for the use proposed.
LAND DEVELOPMENTAny of the following activities:
1. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A. 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.
“Land development” does not include development which involves:
A. The conversion of an existing single family detached dwelling or single family semi-detached 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 building, on a lot or lots subordinate to an existing principal building.
The addition or conversion of building 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 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 property authorities.
LANDSCAPE ARCHITECTA licensed landscape architect registered in the Commonwealth of Pennsylvania.
LAND SURVEYORA licensed surveyor registered in the Commonwealth of Pennsylvania.
LOTA 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.
LOT AREAThe gross horizontal area contained within the property lines of a lot excluding space within all road rights-of-way and within all permanent drainage easements, but including the areas of all other easements.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting roads where the interior angle of intersection does not exceed 120º. A lot abutting a curved road shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the road lines intersect at an interior angle of less than 120º.
LOT, THROUGHA lot extending between and having frontage on two generally parallel and opposite roads.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT LINESAny boundary of a lot.
1. LOT LINE, FRONTAny boundary of a lot which is along an existing or proposed road right-of-way. Corner lots and through lots shall have two front lot lines.
2. LOT LINE, SIDEAny boundary of a lot extending from a road and dividing separate lots which abut the road.
3. LOT LINE, REARAny boundary line of a lot extending between the side lot lines and generally opposite to the front lot lines.
LOT WIDTHThe horizontal distance between the side lines of the lot measured at the front building setback line parallel to the front lot line.
MOBILE HOMEA 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.
MPCThe Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No 247, as amended and reenacted, 53 P.S. §10101 et seq., and as may be amended in the future.
MULTI-FAMILY DWELLINGA dwelling designed and occupied exclusively as a residence for three or more families.
OFFICIAL MAPThe Smithfield Township Official Map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Code which shows lands reserved by the Township for easement or acquisition for public purposes.
OPEN LANDSResource-protected lands, or common open space.
OPEN SPACE, COMMONAn area of land or of water, or a combination of land and water, within a development site designed and intended for the use or enjoyment of residents, not including streets, parking areas, areas set aside for facilities, including detention and retention basins, or resource-protected land.
OWNERThe owner of record of a parcel of land.
PARKING SPACEAn off-street area on a lot with an all-weather surface available for the storage of one motor vehicle and having dimensions as required by this Chapter, exclusive of passageways and driveways appurtenant thereto, and having individual direct access to a street without moving another vehicle.
PASSIVE RECREATIONA passive recreation area refers a mix of uses in a neighborhood park, undeveloped land or minimally improved lands which includes the following: landscaped area, natural area, ornamental garden, non-landscaped greenspace, stairway, decorative fountain, picnic area, water body, or trail without recreational staffing.
PENNDOTPennsylvania Department of Transportation.
PLAN, AS-BUILTDrawings of all improvements constructed within any subdivision and land development showing the precise locations and details of all such improvements required by this Chapter or as required by the Board of Supervisors prior to dedication of improvements.
PLAN, FINALA subdivision and land development plan showing all those items required by this Chapter and prepared for formal approval by the Board of Supervisors.
PLAN, PRELIMINARYA subdivision and land development plan showing all those items required by this Chapter and prepared for preliminary consideration prior to the preparation of a final plan.
PLAN, RECORDAn exact copy of the approved final plan on opaque Mylar, or other material acceptable to the Monroe County Recorder of Deeds, of standard size prepared for necessary signatures and recording with the Monroe County Recorder of Deeds, including a note referencing that all sheets are part of final plan approval.
PLAN, SKETCHAn informal plan, to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision and land development for discussion purposes only and not to be presented for approval.
PUBLIC NOTICENotice published once each week for two consecutive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act.”
RECREATION1. RECREATIONA healthful and enjoyable activity, whether indoor or outdoors, in which individuals or groups engage in during their leisure time.
A. ACTIVE RECREATIONRecreation activities of a more competitive or athletic nature or that involve significant physical exertion by the participant, such as team sports, individual sports, use of playground equipment or swimming.
B. PASSIVE RECREATIONActivities that do not commonly involve competition or athletic participation by the participant, including arts and crafts, spectator, picnicking, nature study, music, walking and cultural activities.
2. ACTIVE RECREATION AREAAn area developed to be conductive to active recreation, such as athletic fields, hard-surfaced courts, pools and children’s play equipment.
3. PASSIVE RECREATION AREAAn area maintained to be conducive for passive recreation, such as nature trails, creeks, picnic areas, craft rooms or woods.
4. CORE RECREATION LANDAn area primarily intended for active recreation, such as team and individual sports and children’s play equipment. This also includes certain passive lands that are integrated within the active lands; or include over five acres that are immediately adjacent to active areas, that relate directly to the active areas and that at a minimum serve as an important buffer between recreational facilities and homes.
RETENTION BASINSA lake or pond which receives surface runoff and which has the capacity to detain a quantity of stormwater and discharge it at a controlled rate.
REVERSE FRONTAGE LOTA lot extending between and having frontage on a collector or arterial street and a local or minor street with vehicular access solely from such local or minor street.
RIGHT-OF-WAYLand set aside for use as a street or other means of travel or for use by a utility.
1. RIGHT-OF-WAY LINEThe dividing line between a lot and the ultimate right-of-way of street or road or utility line.
RUNOFFThe 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 the surface of the land.
SEDIMENTATIONThe 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 referred to as “sediment.”
SEWER AUTHORITYThe Smithfield Sewer Authority or Manwalamink Sewer Company subject to service area.
SEWAGE FACILITYAny sanitary sewer, sewage system, sewage treatment works or parts thereof designed, intended or constructed for the collection, treatment and satisfactory disposal of sanitary waste and industrial sewage.
SIGHT TRIANGLEAn area of unobstructed vision at intersections as defined and regulated by this Chapter.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.
SINGLE-FAMILY DWELLINGA single-family dwelling unit occupies the structure from ground to roof usually with independent access, services, and use of land.
SITE OR TRACTAn area having specific boundaries and encompassing an existing or proposed land development, subdivision or residence.
SLOPEThe face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage of horizontal distance as compared to vertical distance.
STREETA public street, road, highway, avenue, boulevard, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used be vehicle traffic or pedestrians whether public or private.
STREET, HALF OR PARTIALA 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.
STREET HIERARCHYStreets are classified according to their functions. Streets are ordered from high order streets (starting with arterials) to lower order streets (ending with local streets).
1. ARTERIALSProvide minimal land access with high degree of travel mobility; serve major centers of urban activity and travel generation; generally serve the highest traffic volume corridors and the longest trip lengths, thus carrying a significant proportion of the total urban area travel; principal arterial routes should be continuous, both internally and between major rural connections.
2. COLLECTORSLower travel speeds than on arterial roads; penetrate neighborhoods to distribute or collect trips; serve minor travel generators such as local elementary schools, small individual industrial plants, office, commercial and warehouse locations not served by arterials.
3. LOCALPrimary purpose is to provide direct access to abutting land and access to the higher order systems; through traffic movement is deliberately discouraged; offers the lowest level of mobility. Local streets shall be the same as minor streets identified in other Township documents. A local street may or may not be dedicated.
4. PRIVATE ACCESS DRIVEA vehicular right-of-way in a minor subdivision providing access to not more than four lots in a single family residential or agricultural use to an approved street, when the lots do not have frontage on an approved street.
STREET LINEThe dividing line between a lot and the ultimate right-of-way line of a street.
STREET, PUBLICA vehicular way which is owned by a Federal, State, county or local government or governmental agency.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other division 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.
1. MINOR SUBDIVISIONParcels of land subdivided under any one of the following conditions shall be classified as minor subdivisions:
A. Lot Improvement Subdivision (lot line adjustment): A minor lot subdivision involving the realignment.
A division of any part, parcel or area of land:
(1) That results in only four new additional single family detached residential lots, or only four new additional lots of more than 10 acres with an agricultural use, in addition to one pre-existing lot; and,
Which does not involved an extension or new segment of a street (other than what was previously approved); and,
Creates no public or private community facilities or municipal facilities, such as but not limited to stormwater control facilities, a central water supply, a central sewerage disposal system, or streets, except as defined above; and,
Which has not received final subdivision approval of four or more new lots from the same parent tract.
TREE PROTECTION AREAAn area that is radial to the trunk of a tree. The tree protection area shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be the aggregate of the protection areas for the individual trees.
UNDEVELOPED LANDLand in parcels sufficiently large for future subdivision or development which is presently in agriculture, woodland or lying fallow.
WATER AUTHORITYManwalamink Water Company or Brodhead Creek Regional Authority subject to serving area.
WATERCOURSEA permanent stream, intermittent stream, river, brook, creek or a channel or ditch or drain for water, whether natural or man-made.
WATER FACILITYAny water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
WETLANDSThose areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Those areas or lands defined as wetlands in either the United States Army Corps of Engineers Technical Report, Corps of Engineers Wetlands Delineation Manual, as most recently updated or modified; or the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this Chapter, “most restrictive criteria” shall mean the criteria which causes the preservation of the most extensive area of wetlands.
WOODLANDSStands of trees averaging greater than six inches in caliper measured four feet above the ground covering an area greater than 1/4 of an acre.
YARDA space open to the sky on the same lot with a building or structure which is unoccupied except for accessory structures to the extent specifically permitted by this Chapter or the Township Zoning Ordinance [Chapter
27].
1. YARD, FRONTThe space between the front building setback line and the right-of-way line for the full width of the lot.
2. YARD, SIDEThe space between the side building setback line and the side lot line.
3. YARD, REARThe space between the rear building setback line and the rear lot line for the full width of the lot.
ZONING ORDINANCEThe officially enacted Zoning Ordinance [Chapter
27] of the Township of Smithfield with any and all amendments thereto.