[Ord. 2003-1, 1/27/2003, § 6.100]
[Ord. 2003-1, 1/27/2003, § 6.200; as amended by
Ord. 2012-2, 2/23/2012, § 1]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground, or roof mounted solar arrays or modules,
or solar related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
See Zoning Ordinance [Chapter 27].
A landowner or developer who has filed an application for
a subdivision or land development, including his/her heirs, successors
and assignees.
Stormwater structures, facilities and techniques to maintain
or improve the water quality of surface runoff.
A tract of land or a lot or group of lots, bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of the Township or by any combination of the above.
The Board of Supervisors of Stroud Township.
Shall have the same meaning as a lot line adjustment.
See Zoning Ordinance [Chapter 27].
For the purposes of this chapter, shall mean a principal
commercial or industrial use, including, but not limited to, retail
sales, service businesses, offices, industrial uses, wholesale sales
and warehousing. This term shall not include crop farming or raising
of livestock or poultry.
See Zoning Ordinance [Chapter 27].
The paved portion of a street or highway designed for vehicular
traffic and paved areas intended for on-street parking. A bikeway
shall not count towards the minimum width of a cartway, but may be
approved in place of a shoulder.
The Planning Commission of Stroud Township.
The layout of development in a manner that emphasizes the
permanent preservation of substantial areas of open space, and is
based upon a four step design process of (1) identifying the primary
conservation areas that should be preserved, and prioritizing their
importance, (2) locating the most appropriate home sites, (3) aligning
streets and trails to serve the home sites, and (4) drawing in the
proposed lot lines.
A legal restriction established on an area of land that restricts
certain activities, such as subdivision of land and construction of
buildings. A conservation easement typically allows a private owner
to continue to own and maintain the land, and sell it to a different
owner. The easement continues to be in effect regardless of changes
in ownership.
Calendar days.
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
Any landowner, agent of such landowner or tenant with permission
from a landowner, who makes or causes to be made a subdivision of
land or land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of mobile homes, streets and other paving, utilities, mining,
dredging, filling, grading, excavation or drilling operations and
the subdivision of land, as well as sewage disposal systems and water
supply systems.
An agreement in a form and manner acceptable to Township
requiring a developer to install the improvements required by this
chapter or which appear on the official approved plans.
A privately owned, constructed and maintained vehicle accessway
connecting a street to only one or two lots.
The definitions in the Township Zoning Ordinance [Chapter 27] shall apply.
A grant by the property owner to the public, a corporation,
a person, or group of persons, or another tract of land of a use of
land for specified purposes.
A person licensed to practice as a professional engineer
in the Commonwealth of Pennsylvania.
The registered professional engineer designated by the Board
of Supervisors to perform all duties required of the Engineer by the
provisions of this chapter.
Areas that have ecological importance, including, but not
limited to: Natural Heritage Areas identified by the Nature Conservancy,
one-hundred-year floodplains, slopes over 15% and wetlands.
See the Township Zoning Ordinance [Chapter 27].
The elevation of ground or paving.
Those lands within a conservation design development that
are preserved and unavailable for development.
Replenishment of existing natural underground water supplies.
A formally established organization that includes bylaws.
In cases where a homeowner association is given the responsibility
to maintain land, streets, utilities or facilities, a legally binding
process is established to require each household to fund their share
of related expenses.
A structure designed to direct runoff into the ground (such
as french drains, seepage pits or a seepage trench).
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.
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. If an application is both a subdivision
and a land development, then the requirements for each shall be met.
The definition of "land development" as contained herein shall
be deemed to exclude each of 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 was previously approved by the Township
as an amusement park.
For purposes of this subclause, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
See definition in the Zoning Ordinance [Chapter 27].
See definition in the Zoning Ordinance [Chapter 27].
See definition in the Zoning Ordinance [Chapter 27].
The merger of two existing lots.
The revision or deletion of one or more lot lines in such
a way that all of the following are true:
No new lots will be created beyond what was previously approved.
No additional street segments or significant changes in alignment
are proposed other than what was previously approved.
No additional nonconformities will be created under the Township Zoning Ordinance [Chapter 27].
No new land development will occur other than a land development
that was previously approved or buildings to support crop farming.
A lot that abuts a public street on one side of the lot,
but has vehicular access only from a public street on the opposite
side of the lot.
An agreement in a form and manner acceptable to the Board
of Supervisors requiring the developer of required improvements to
make any repairs or reconstructions and to maintain such improvements
for a certain period.
Financial security which is acceptable to the Township to
secure the promise made by a developer in the maintenance agreement
that required improvements shall be maintained by the developer. (Note:
These guarantees typically include acceptable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements.)
See "subdivision, major."
See definition in Zoning Ordinance [Chapter 27] under "dwellings." A mobile/manufactured home shall not meet the definition of a "recreational vehicle" and shall not include any unit of less than 600 square feet of floor area. The terms "mobile home" and "manufactured home" shall have the same meaning.
An area of land in a mobile home park improved with the utilities
and other improvements needed for the placement of a single mobile
home, with the land leased or rented by the park owner to the occupants
of the mobile home.
A request from an applicant for certain waivers or modifications to provisions of this chapter, as provided for in § 22-102.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as reenacted by Act 170 of 1988, 53 P.S. § 10101 et
seq., and as may be further amended, or its successor legislation.
See under "wetlands."
A flood that, on the average, is likely to occur every 100
years, (such as that has a one-percent chance of occurring each year,
although the flood may occur in any year). (Note — the rainfall
amount falling in a twenty-four-hour period that is expected to result
in a one-hundred-year flood in Stroud Township is 7.29 inches.)
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, parking areas; but may include areas occupied
by walkways, picnic pavilions, play equipment and other areas occupied
by noncommercial outdoor recreation facilities.
Areas that meet all of the following requirements:
It is suitable for active or passive recreation by residents
of a development or the general public, except where the Township
may specifically allow preserved open space to be privately owned.
It includes legally binding protection to prevent future development
and subdivision, in perpetuity, such as a conservation easement and/or
deed restriction.
An appropriate system is established to ensure proper maintenance
and oversight of the land.
The following areas shall not be used to meet the minimum common
open space requirements:
Areas not permitted to count towards common open space under § 22-307.
Areas with a width of less than 50 feet.
Existing or future street rights-of-way.
Stormwater detention basins, except for areas that an applicant
proves will be a scenic asset or will be suitable for recreation during
the vast majority of the year.
Areas within 30 feet of an overhead electric transmission tower
with a capacity of 35 kilovolts or greater.
Common open space owned by a government agency or the Township
for public recreation.
The Stroud Township Subdivision and Land Development Ordinance,
as amended, and any provisions thereof, enacted by the Board of Supervisors.
See definition in Zoning Ordinance [Chapter 27].
See definition in Zoning Ordinance [Chapter 27].
A pedestrian accessway which is not adjacent to a street
or access drive and conforms with this chapter.
The Pennsylvania Department of Transportation.
Financial security which is acceptable to the Board of Supervisors
to ensure that the developer will install required improvements. (Note:
This typically includes acceptable letters of credit, performance
bonds, escrow agreements, and other similar collateral or surety agreements.)
A map of a land development or subdivision and accompanying
notations.
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SKETCH PLAN — An informal plan, identified with the title
"sketch plan" on the map, indicating the general layout of the proposed
subdivision or land development.
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PRELIMINARY PLAN — A complete plan identified with the
title "preliminary plan" accurately showing proposed streets and lot
layout and such other information as required by this chapter.
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FINAL PLAN — A complete and exact plan identified with
the title "final plan" including the plan prepared, after approval,
for official recording as required by this chapter to define property
rights and proposed streets and other improvements.
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The Township staff person charged by the Board of Supervisors
with the responsibility of administering the subdivision and land
development applications and procedures. If a staff person does not
have this title or responsibility, then such Administrator shall be
the Zoning Officer of Stroud Township and any Assistant Zoning Officer.
See "Commission."
For the purposes of establishing time limits for plan approvals,
shall mean a regular meeting of the Planning Commission at which the
Commission is authorized to conduct official action and which has
been scheduled based upon an annual meeting schedule (as may be adjusted
by the Chairperson) and which is not a workshop meeting or the official
public meeting on an ordinance amendment.
In conservation design development, shall mean land areas
that are required for open space preservation, including, but not
limited to, one-hundred-year floodplains, wetlands and steep slopes
over 30%.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more free-standing ground, or roof mounted solar electric systems
or solar collector devices, solar related equipment and other accessory
structures and buildings including light reflectors, concentrators,
and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures.
As defined by the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq. (As of the adoption date of this
chapter, the following definition applied: "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 not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing.")
See definition in Zoning Ordinance [Chapter 27].
Unless otherwise stated, shall mean a street right-of-way
that involves a corridor that allows use by vehicles, pedestrians
and utilities. A public street right-of-way is controlled by the Township
or PennDOT.
In conservation design developments, land areas that will
be seriously considered for preservation in the layout of development
and which are ranked by priority for open space preservation within
the greenway lands. The secondary conservation areas include, but
are not limited to: mature woodlands, historic buildings and structures,
scenic views, trails and greenways, river and stream corridors, farmland,
wildlife habitat and slopes of 15% to 30%.
An area of excavated earth filled with loose stone or similar
coarse material, into which surface water is directed for infiltration
into the ground.
A system designed to collect, treat and dispose of sewage
from users in compliance with regulations of Pennsylvania DEP and
the Township.
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CENTRAL SEWAGE SERVICE — Service by a sewage disposal
system which collects, treats and disposes sewage from more than one
lot.
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PUBLIC SEWAGE SERVICE — Central sewage service with the
mains and the treatment facility owned by a municipality, a public
authority or the county.
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PRIVATE OR NON-PUBLIC CENTRAL SEWAGE SERVICE — Central
sewage service that does not meet the definition of "public sewage
service."
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ON-LOT SEWAGE SYSTEM — A sewage disposal system which
collects, treats and disposes of sewage or holds sewage from only
one principal use or lot.
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A pedestrian accessway which is adjacent to a street or access
drive and conforms to the regulations of this chapter.
The latest version of the official "Soil Survey of Monroe
County," published by the U.S. Soil/Natural Resources Conservation
Service, or its successor reference.
A property owner's right to have sunlight shine on the
owner's land.
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar energy systems.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
A living tree with a trunk diameter of 30 inches or greater,
measured 4.5 feet above the ground level; or another living mature
tree that is particularly rare or unique and designated as rare or
unique by the Township.
The government of the Commonwealth of Pennsylvania and its
relevant subparts.
See Municipalities Planning Code, 53 P.S. § 10101
et seq.
An area of 15% or greater slope.
For the purposes of this chapter, a public or private thoroughfare
which affords the principal means of access to three or more abutting
lots, but which is not an alley or a driveway.
Streets shall be classified according to the Official Street
Classification Map, which is included at the end of this chapter.
Such map may be amended by resolution of the Board of Supervisors.
Such map classifies streets as expressway, arterial, collector or
local streets.
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EXPRESSWAY — A limited access street which only allows
access at interchanges, and which allows high speeds.
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ARTERIAL STREET — A street that provides for high volumes
of traffic at moderate speeds, and which connects together different
areas within the county. Such streets are generally intended to have
an average daily traffic volume of over 7,500 vehicles per day.
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COLLECTOR STREET — A street that provides for moderate
volumes of traffic at moderate speeds, and which is intended to eventually
direct traffic from numerous local streets onto arterial streets.
Such streets are generally intended to have an average daily traffic
volume of 1,500 to 7,500 vehicles per day. Collector streets may be
divided into minor and major sub-categories.
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LOCAL STREET — A street that is mainly intended to collect
traffic from individual driveways, with relatively low traffic volumes
and speeds. Such streets are generally intended to have an average
daily traffic volume of less than 1,500 vehicles per day.
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A type of street which is terminated at one end by a permitted
vehicular turn-around and which intersects one or more streets at
the other end.
A loop street intersects one street at two different points,
and does not have access to any other streets, other than a cul-de-sac
street.
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A type of local street which is parallel and adjacent to
collector or arterial streets and provides access to abutting properties.
Unless otherwise stated, a marginal access street shall meet the requirements
for a local street.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels, or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development.
The subdivision by lease of land for solely agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access or residential dwellings, is exempt from approval
under this chapter.
A "lot joining" by itself shall not need subdivision approval
by the Board of Supervisors.
The Stroud Township Subdivision and Land Development Ordinance,
as amended.
Any subdivision of land which does not qualify as a "minor
subdivision."
A proposal involving land, other than a land development,
which is either:
A "lot line adjustment."
A subdivision:
Results in only two new additional residential lots, or only
two new additional clearly agricultural lots of more than 10 acres
each, in addition to the one preexisting "parent" lot.
Which does not involve an extension or new segment of a street
(other than what was previously approved).
Which has not involved the final subdivision approval of two
or more new lots from the same parent tract within the last two years.
In the judgment of the Township Engineer at least 90% (based
upon the cost of the required improvements for which financial security
was posted [based upon the approved development agreement]) 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.
Stroud Township, Monroe County, Pennsylvania. Unless otherwise
stated, this shall mean the Board of Supervisors and their authorized
agents.
One or more abutting or adjacent lots proposed to be subdivided
or developed following an overall coordinated plan.
The space contained within the exterior lot lines of a tract
proposed for a subdivision or land development, not including space
within the existing and future or ultimate right-of-way of existing
streets, but including right-of-way of any streets proposed to be
constructed within the tract.
United States Geological Survey, or its successor agency.
See under "modification."
A strip of land including a right-of-way dedicated to public
use in order to facilitate pedestrian access through or into a block.
See the definition in the Zoning Ordinance [Chapter 27].
Service by a water system which transmits water from a common
source to more than one lot.
Central water service that is owned and/or operated by a
municipality, a public authority or the county, or by an existing
established Pennsylvania PUC regulated water company that currently
serves more than 200 lots within the Township.
Central water service that does not meet the definition of
"public water service."
Service by a water system which transmits water from a source
to only one lot.
Areas regulated as "wetlands" under federal and/or state
regulations, whichever is more inclusive.
An attempt at initial mapping of wetlands by the U.S. Fish
and Wildlife Service that provides indicators of the largest areas
of likely wetlands. However, this inventory is not all-inclusive.
