Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings given
herein:
A.
Words used in the singular include the plural, and
words in the plural include the singular.
B.
Words in the present tense include the future.
C.
The word "person," "subdivider," "owner" or "applicant"
includes a corporation and a partnership as well as an individual.
D.
The word "building" means "structure" and shall be
construed as if followed by the words "or part thereof."
E.
The word "street" includes "road," "lane," "avenue"
and "highway" and shall mean the whole or any part thereof, and shall
include bridge or culvert, cartway, gutter, curb, sidewalk and the
whole legal width of the right-of-way.
F.
The word "lot" includes "plot" and "parcel."
G.
The words "shall" and "will" are mandatory; the word
"may" is permissive.
As used herein, the following terms shall have
the meanings indicated:
Any persons other than the subdivider or land developer who,
acting for the subdivider or land developer, submit to the Township
subdivision or land development plans for the purpose of obtaining
approval thereof.
A strip of land over which there is a public or private right-of-way
which serves as the secondary means of vehicular access to the side
or rear of two or more properties. Frontage on such a right-of-way
shall not be construed as satisfying the requirements of Township
ordinances related to frontage on a dedicated street.
A landowner or developer, as hereinafter defined, who has
filed an application for subdivision or land development, including
his heirs, successors or assignees.
Every application, whether preliminary 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 the approval of a subdivision plan or for the approval of a land
development plan.
The Doylestown Township Municipal Authority.[1]
Structural devices or other methods that temporarily store
or treat stormwater runoff and other water sources to reduce flooding,
remove pollutants, provide for infiltration and offer environmental
amenities.
[Added 10-17-2000 by Ord. No. 295]
A general term denoting improvements and provisions made
by public agencies to accommodate or encourage bicycling, including
parking facilities, mapping all bikeways, and shared roadways not
specifically designated for bicycle use.
[Added 11-19-2013 by Ord. No. 369]
A portion of a roadway which has been designated by striping,
signing and pavement markings for the preferential or exclusive use
of bicyclists.
[Added 11-19-2013 by Ord. No. 369]
A bikeway physically separated from motorized vehicular traffic
by an open space or barrier and either within the highway right-of-way
or within an independent right-of-way designated for the exclusive
use of bicycles.
[Added 11-19-2013 by Ord. No. 369]
A segment or system of bicycle paths, multi-use paths, bike
lanes or shared roadways identified by a municipality using appropriate
markings or signs for the purpose of safety, or assistance in traveling
to certain areas of interest such as historic sites.
[Added 11-19-2013 by Ord. No. 369]
An area bounded by streets or by a combination of streets
and public parks, open space, railroad right-of-way or boundary lines
of the Township.
The Board of Supervisors of Doylestown Township.
Any structure having enclosing walls and roof and permanently
located on the land.
That portion of a street or alley intended for vehicular
use.
A triangular-shaped area of land established at street intersections
in which nothing is erected, placed, planted or allowed to grow in
such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection.
A right-of-way, municipally or privately owned, which crosses
a block so as to furnish access for pedestrians to adjacent streets
or properties.
A street with one end open for public vehicular and pedestrian
access and the other end terminating in a vehicular turnaround.
The magnitude of precipitation from a storm event, measured
in probability of occurrence and duration and used in computing stormwater
management control systems.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate. This
basin is designed to drain completely after a storm event.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
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 manufactured homes. streets or other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
[Amended 2-16-2021 by Ord. No. 400]
The provisions for development, including 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 "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
The flow of water and the methods of directing such flow,
whether natural or artificial.
Any ditch, swale, pipe, culvert, storm sewer, basin or structure
designed, intended or constructed for the purpose of diverting or
controlling surface water from, or carrying surface waters off, streets,
public rights-of-way, open space or any part of any subdivision, land
development or contiguous land areas.
A minor vehicular access between a street and a parking area
or garage within a lot or property.
A building designed for and occupied exclusively for residential
purposes, excluding hotel, rooming house, tourist home, institutional
home, guesthouses, residential club, motel, motor court and the like.
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.
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 or another
person or entity.
An easement precluding future or additional development,
alteration of the land or removal of vegetation.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or
any other material is placed, pushed, dumped, pulled, transported
or moved to a new location above the natural surface of the ground
or on top of the stripped surface, and shall include the conditions
resulting therefrom.
The difference in elevation between a point
on the original ground and a designated point of higher elevation
on the final grade.
The material used to make a fill.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
A relatively flat or lowland area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
and an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purpose of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude, as defined by the Federal Emergency
Management Agency and the National Flood Insurance Program.
The front property line of the lot, lots, land development
or tract of land abutting a street.
The slope of a street, other public way, land area, drainage
facility or pipe, specified in percent.
Grass or nondeciduous low-growing plants installed or planted
in such a manner as to form a continuous cover over the ground.
Any surface which does not absorb rain; all buildings, parking
areas, driveways, roads, sidewalks and any areas in concrete, asphalt,
packed stone or other equivalent surfaces.
Those physical additions, installations and required changes
such as streets, curbs, sidewalks, water mains, sewers, drainage facilities,
public utilities, driveways, parking areas and other appropriate items
required to render land suitable for the use proposed.
A plant that is determined to be a serious threat to the
native ecosystem and which typically grows quickly and aggressively,
spreading and displacing other plants. Such plants include flowers,
grasses, shrubs, trees and vines, as defined and listed by the Pennsylvania
Department of Conservation and Natural Resources in their "List of
Invasive Plants in Pennsylvania," as amended.
[Added 9-21-2010 by Ord. No. 354]
Any permanent body of water, naturally occurring or man-made,
covering an area of two acres or more is a lake. Ponds are permanent
bodies of water, naturally occurring or man-made, covering an area
of less than two acres.
A person who is the registered owner or authorized agent
of the registered owner of land subject to land development. When
required, written evidence of authorization satisfactory in form to
the Township Solicitor shall be filed with the application and plan
when signed by an agent of the registered owner.
Any of the following activities. These provisions shall not
apply to the addition of a building accessory to a residence which
is subordinate to an existing principal residential building, but
shall apply to the improvements accessory to or associated with any
nonresidential use or structure.
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; or
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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A parcel of land set aside from other parcels, in one ownership,
and not divided by any street and not including any land within the
right-of-way of any public or private street even if the ownership
to such right-of-way is the owner of the lot and not including future
easements.
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street or ultimate
right-of-way line and no area which is to be part of the present or
future easements for activities including but not limited to detention
basins, retention basins, storm sewer lines, sanitary sewer lines,
waterlines and swales or other purposes shall be deemed a portion
of any lot area. The area of any lot abutting a street shall be measured
to the ultimate right-of-way line only.
A property boundary line of any lot held in single and separate
ownership, except that in the case of any lot abutting a street, the
lot line for such portion of the lot as abuts the streets shall be
deemed to be the same as the street line and shall not be the center
line of the street or any other line within the street line even though
such may be the property boundary 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 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.
[Amended 2-16-2021 by Ord. No. 400]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
[Amended 2-16-2021 by Ord. No. 400]
Minor streets parallel and adjacent to major traffic streets,
providing access to abutting properties and control of intersections
with the major traffic street.
A development consisting of a building or buildings providing separate dwelling units for two or more families, including but not limited to townhouse developments, apartment developments or other such multiple-dwelling developments as are permitted by Chapter 175, Zoning.
Any road, path, or way which in some manner is specifically
designated as being open to bicycle travel, pedestrian and other nonmotorized
forms of transportation.
[Added 11-19-2013 by Ord. No. 369]
A plant that is determined to be injurious to public health, crops, livestock, agricultural land or other property. Such weeds are listed on Pennsylvania's Noxious Weed Control List (as amended) and may include plants that are considered locally injurious as listed in Chapter 62 of the Code of Doylestown Township.
[Added 9-21-2010 by Ord. No. 354]
That area of land and/or water to be restricted from future development for the purpose of protecting natural features or for recreational purposes. Open space does not include land occupied by structures, roads, road rights-of-way, parking lots, land reserved for future parking lots, stormwater detention basins or retention basins or areas of public facilities such as community septic systems, nor does it include any portion of the minimum lot areas as required by Chapter 175, Zoning. Certain public utilities may occupy a portion of the open space if approved by the Board of Supervisors.
COMMON OPEN SPACEAll areas of open space regulated, maintained and owned by the Township for the use and enjoyment of the residents of the Township.
RESTRICTED OPEN SPACEAll areas of open space for the use and enjoyment of the residents of a development as regulated and maintained by an approved community, condominium or homeowners' association.
A structure designed to control the volume of stormwater
runoff that passes through it during a specific length of time.
The owner of record of a parcel of land.
A maximum rate of flow of water at a given point and time
resulting from a predetermined storm.
Pedestrian and bicycle facilities shall include sidewalks,
bike lanes, multi-use paths and designated bike routes on public streets
including those routes identified in the Doylestown Township Comprehensive
Plan and the Bike and Hike Plan which is part of the Comprehensive
Plan and PennDOT designated bike routes.
[Added 11-19-2013 by Ord. No. 369]
SKETCH PLANAn informal plan indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision, to be used as the basis of informal discussions between representatives of the Township and the subdivider or land developer.
PRELIMINARY PLANA plan prepared by a registered engineer or surveyor, showing the existing features of a tract and its surroundings and proposed street and lot layout within and adjacent to the subdivision or land development and other relevant information as required by this chapter pertaining to the streets and lots of the subdivision or land development and including typical cross sections of the streets and the horizontal and vertical details (plan profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, streetlights and all underground and aboveground utility conduits and poles), as a basis for consideration prior to preparation of a final plan.
FINAL PLANA complete and exact plan prepared by a registered engineer or surveyor, prepared for official recording, showing right-of-way lines. easements, lot dimensions with bearings. lot numbers and any other relevant information pertaining to the streets and lots of the subdivision or land development. typical cross section of the streets and the horizontal and vertical details (plan profiles of all streets, drainage facilities, sanitary sewers, water mains, fire hydrants, streetlights and all underground and aboveground utility conduits and poles). An exact copy of the approved final plan on paper of standard size with appropriate signatures shall be recorded with the Bucks County Recorder of Deeds.
[Amended 2-16-2021 by Ord. No. 400]
The Doylestown Township Planning Commission.[2]
A private or municipal corporation organized and existing
for the distribution and sale of water, electricity, cable television,
gas or the collection and disposal of sanitary waste or sewage in
accordance with the laws of the Commonwealth of Pennsylvania and other
appropriate governing bodies.
A basin or pond containing a permanent pool of water and
designed to retard stormwater runoff by temporarily storing the runoff
and releasing it at a predetermined rate.
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
An examination of a plan to determine compliance with this chapter, Chapter 175, Zoning, and other pertinent requirements.
A strip of land occupied or intended to be occupied by a
street, alley, sidewalks, crosswalk or other similar use.
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.
An area of excavated earth filled with loose stone or similar
material and into which surface water is directed for infiltration
into the ground.
[Added 10-17-2000 by Ord. No. 295]
[Amended 12-5-2000 by Ord. No. 296]
CENTRALIZED SEWAGE SYSTEMAny sewage collection and treatment system in which sewage is collected from buildings and directly piped to an approved sewage treatment system, plant or central septic tank system and approved by the Pennsylvania Department of Environmental Protection or any other municipal, county, federal or state governmental agency having jurisdiction.
PRIVATE ON-LOT SEWER SYSTEMA system of piping, tanks and other facilities, approved by the Bucks County Department of Health, serving one or more buildings located on a single lot, which collects and disposes of sewage in whole or in part into the soil on the same lot.
Any roadway upon which a bicycle lane is not designated and
which may be legally used by bicycles regardless of whether such facility
is specifically designated as a bikeway.
[Added 11-19-2013 by Ord. No. 369]
The portion of a highway designated for preferential or exclusive
use by pedestrians.
[Added 11-19-2013 by Ord. No. 369]
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
A parcel or contiguous parcels of land intended to have one
or more buildings or intended to be subdivided into two or more lots
or combined into a single lot.
A report entitled "Soil Survey of Bucks and Philadelphia
Counties, Pennsylvania," published July 1975 by the Soil Conservation
Service, United States Department of Agriculture.
A program of controls and measures including best management
practices (BMP's), designed to regulate the quantity and quality of
stormwater runoff while promoting the protection and conservation
of groundwater and groundwater discharge.
[Added 10-17-2000 by Ord. No. 295]
A right-of-way, publicly or privately owned, serving primarily as a means of vehicular and pedestrian travel, furnishing access to abutting properties and as further classified in Article VI of this chapter.
The dividing line between a lot and the ultimate right-of-way
line of a public street, road or highway legally opened or officially
platted, or between a lot and a privately owned street, road or highway
over which the owners or tenants of two or more lots held in single
and separate ownership have the right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A person who is the registered owner or authorized agent
of the registered owner of land subject to subdivision. When required,
written evidence of authorization satisfactory in form to the Township
Solicitor shall be filed with the application and plan when signed
by an agent of the registered owner.
The division or redivision of a lot, tract or parcel of land
by any means into more than two lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purposes,
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 divisions of land by lease
for agricultural purposes into parcels of more than 10 acres not involving
any new streets or easements of access or any residential dwelling
shall be exempted.
The division or redivision of a single lot, tract or parcel
into two lots, tracts or 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, building or lot development, provided
that the proposed lots, tracts, parcels or other divisions of land
thereby created have frontage on an improved public street or streets,
and provided further that there is not created by the subdivision
any new street or streets, the need for required improvements, easement
of access or the need therefor.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to this chapter) of those improvements
required as a condition for final approval have been completed in
accordance with the approved plan so that the project will be able
to be used, occupied or operated for its intended use.
The Township of Doylestown.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township of
Doylestown.
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.
A permanent stream, intermittent stream, river, brook, creek
or a channel or ditch or drain for water, whether natural or man-made.
A system for supplying and distribution of water to a single
dwelling or other building from a source located on the same lot.
Any municipal water supply system or any system for the supply
and distribution of water to more than one user unit (dwelling, business,
institution or combination thereof).
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
under normal conditions do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.
Areas, groves or stands of mature or largely mature trees
[i.e., at least six inches in diameter measured at a height of 4.5
feet above grade level] covering an area of one-quarter acre; or a
grove of trees forming one canopy where 10 or more trees measure at
least 10 inches in diameter measured at a height of 4.5 feet above
grade level.
[Amended 6-1-1993 by Ord. No. 226]
An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky except for vegetation, as defined in Chapter 175, Zoning. Accessory structures as may be permitted by Chapter 175, Zoning, and fences shall be permitted within the yard areas.
