[Ord. 208, 9/25/2012]
1.
Unless
a contrary intention clearly appears, the following words and phrases
shall have for the purpose of this Chapter the meanings in the following
clauses.
2.
For the
purpose of this Chapter, words and terms used herein shall be interpreted
as follows:
A.
Words
used in the present tense include the future.
B.
The singular
includes the plural.
C.
The word
“person” includes a corporation, partnership and association
as well as the individual.
D.
The word
“lot” includes the word “plot” or “parcel.”
E.
The word
“Township” shall always mean Smithfield Township.
F.
The word
“may” is permissive; the words “shall” and
“will” are mandatory.
G.
The words
“building,” “structure” and “street”
are used generally and shall be construed as if followed by the phrase
“or part thereof.”
H.
Unless clearly inconsistent with the context in this Chapter, when a term is defined in the MPC and is not otherwise defined in § 22-302, the definition of such term in the MPC shall apply.
I.
A reference
to a statute, regulation or publication issued by a public body or
public officer includes the statute or regulation or publication with
all amendments and supplements thereto and any new statue, regulation
or publication substituted for such statute, regulation or publication
as in force at the time of application of the provision of the statute,
regulation or publication to which such reference is made.
3.
Any word
or term not defined herein shall be used with a meaning of standard
usage as defined in the latest edition of the Websters Collegiate
Dictionary.
[Ord. 208, 9/25/2012]
The following specific definitions apply in this Chapter.
Any 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.
Any 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.
Off-street bikeways laid out on private property, public
rights-of-way, open land or recreational areas.
An area bounded by streets.
The word “Supervisors” or the words “Board
of Supervisors” mean the Smithfield Township Board of Supervisors.
Any structure having a roof and used or intended to be used
for the shelter or enclosure of persons, animals or property.
The line within a property defining the minimum required
distance between the principal building to be erected and an adjacent
lot line.
The portion of a street intended for vehicular use.
A line which is typically midway between and parallel to
the right-of-way lines.
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.
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).
Lands containing secondary resources that are conserved as
a part of common open space (Greenway land).
Monroe County, Commonwealth of Pennsylvania.
An area reserved for pedestrian travel across or within a
block, parking lot, street, driveway, etc.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
An 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.
See “applicant/developer.”
Any 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.
The 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.
Any 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.
A vehicular accessway connecting a street and a parking area
or garage within a lot or property.
A building containing one or more dwelling units designed
or used exclusively as living quarters.
Any 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.
The 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.
A 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.
The removal of surface materials by the action of natural
elements.
A 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.
The completed surfaces of lawns, walks and roads brought
to grade as shown on official plans or designs relating thereto.
Impervious surface shall include any material that reduces
or prevents absorption of stormwater into previously undeveloped land.
Those 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.
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.
“Land development” does not include development
which involves:
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.
A licensed landscape architect registered in the Commonwealth
of Pennsylvania.
A licensed surveyor registered in the Commonwealth of Pennsylvania.
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 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.
A 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.
A lot other than a corner lot.
A lot extending between and having frontage on two generally
parallel and opposite roads.
The average horizontal distance between the front and rear
lot lines.
Any boundary of a lot.
LOT LINE, FRONT
Any 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.
LOT LINE, SIDE
Any boundary of a lot extending from a road and dividing
separate lots which abut the road.
LOT LINE, REAR
Any boundary line of a lot extending between the side lot
lines and generally opposite to the front lot lines.
The horizontal distance between the side lines of the lot
measured at the front building setback line parallel to the front
lot line.
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.
The 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.
A dwelling designed and occupied exclusively as a residence
for three or more families.
Smithfield Township.
The 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.
Resource-protected lands, or common open space.
An 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.
The owner of record of a parcel of land.
An 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.
A 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.
Pennsylvania Department of Transportation.
Drawings 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.
A subdivision and land development plan showing all those
items required by this Chapter and prepared for formal approval by
the Board of Supervisors.
A 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.
An 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.
An 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.
Shall always mean the Smithfield Township Planning Commission.
Notice 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.
A 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.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the “Sunshine Act.”
RECREATION
A.
B.
A healthful and enjoyable activity, whether indoor or outdoors,
in which individuals or groups engage in during their leisure time.
ACTIVE RECREATION
Recreation 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.
PASSIVE RECREATION
Activities 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.
ACTIVE RECREATION AREA
An area developed to be conductive to active recreation,
such as athletic fields, hard-surfaced courts, pools and children’s
play equipment.
PASSIVE RECREATION AREA
An area maintained to be conducive for passive recreation,
such as nature trails, creeks, picnic areas, craft rooms or woods.
CORE RECREATION LAND
An 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.
REGIONAL RECREATION LAND
An area intended primarily for passive recreation such as
hiking, picnicking and nature study.
A 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.
A 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.
Land set aside for use as a street or other means of travel
or for use by a utility.
RIGHT-OF-WAY LINE
The dividing line between a lot and the ultimate right-of-way
of street or road or utility line.
RIGHT-OF-WAY, FUTURE OR ULTIMATE
The right-of-way width deemed necessary to provide adequate
width for future improvements, as designated by Township ordinances.
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 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 referred to as “sediment.”
The Smithfield Sewer Authority or Manwalamink Sewer Company
subject to service area.
Any 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.
An area of unobstructed vision at intersections as defined
and regulated by this Chapter.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A single-family dwelling unit occupies the structure from
ground to roof usually with independent access, services, and use
of land.
An area having specific boundaries and encompassing an existing
or proposed land development, subdivision or residence.
The 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.
A 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.
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.
Streets are classified according to their functions. Streets
are ordered from high order streets (starting with arterials) to lower
order streets (ending with local streets).
ARTERIALS
Provide 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.
COLLECTORS
Lower 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.
LOCAL
Primary 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.
PRIVATE ACCESS DRIVE
A 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.
The dividing line between a lot and the ultimate right-of-way
line of a street.
A vehicular way which is owned by a Federal, State, county
or local government or governmental agency.
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 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.
MINOR SUBDIVISION
A.
B.
(1)
(2)
(3)
(4)
Parcels of land subdivided under any one of the following
conditions shall be classified as minor subdivisions:
Lot Improvement Subdivision (lot line adjustment): A minor lot
subdivision involving the realignment.
A division of any part, parcel or area of land:
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.
MAJOR SUBDIVISION
All Subdivisions not qualifying as minor subdivisions as
stated above.
The Solicitor to the Smithfield Township Board of Supervisors.
An 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.
Land in parcels sufficiently large for future subdivision
or development which is presently in agriculture, woodland or lying
fallow.
Manwalamink Water Company or Brodhead Creek Regional Authority
subject to serving area.
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch or drain for water, whether natural or man-made.
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
Those 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.
Stands 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.
A 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].
YARD, FRONT
The space between the front building setback line and the
right-of-way line for the full width of the lot.
YARD, SIDE
The space between the side building setback line and the
side lot line.
YARD, REAR
The space between the rear building setback line and the
rear lot line for the full width of the lot.
The officially enacted Zoning Ordinance [Chapter 27] of the Township of Smithfield with any and all amendments thereto.
