[Ord. 01-09-18-1, 9/18/2001, § 200]
1.Â
Unless a contrary intention clearly appears, the following words and phrases shall be defined as set forth in § 27-202 for the purposes of this chapter.
2.Â
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
A.Â
Words used in the present tense include the future.
B.Â
The singular includes the plural.
C.Â
The word "person" includes an individual, firm, partnership, corporation,
company, association, or government entity, including a trustee, a
receiver, an assignee, or a similar representative.
D.Â
The word "lot" includes the word "plot" or "parcel."
E.Â
The term "shall" is mandatory.
F.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
G.Â
The word "Supervisors" and the words "Board of Supervisors" always
mean the Plumstead Township Board of Supervisors.
H.Â
The word "Commission" and the words "Planning Commission" always
mean the Plumstead Township Planning Commission.
I.Â
The word "Board" or the words "Zoning Hearing Board" always mean
the Plumstead Township Zoning Hearing Board.
J.Â
The words "Zoning Officer" always mean the Plumstead Township Zoning
Officer.
3.Â
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. 01-09-18-1, 9/18/2001, § 201; as amended by Ord. 2005-05, 6/21/2005]
An accredited medical school within the Commonwealth of Pennsylvania
that operates or partners with an acute care hospital licensed within
the Commonwealth.
[Added by Ord. 2017-05, 11/28/2017]
A use located on the same lot with a principal use and clearly
incidental or subordinate to, and in connection with, the principal
use.
For small wireless communications facilities, any similarly-situated
infrastructure within a 250-foot radius that is of the same design,
construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of an adjacent structure is the vertical distance
measured from the ground level to the highest point on a structure,
not including antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 2021-03, 3/9/2021]
Those soils that have been designated by the Natural Resources
Conservation Service of the U.S. Department of Agriculture as Capability
Class I Land, Capability Class II Land, and Capability Class III Land.
These soils are best suited for producing food, feed, forage, fiber,
and oilseed crops and also available for these uses based upon their
soil quality, growing season, and moisture supply needed to produce
high-yield crops. For purposes of this chapter, the most current Official
Soil Survey of Bucks County, Pennsylvania provided by the United States
Department of Agriculture, Natural Resources Conservation Service,
Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as amended,
shall be utilized in determining soil classifications for either use
or preservation.
[Amended by Ord. No. 2023-02, 2/14/2023]
A strip of land over which there is a public or private right-of-way
that serves as the secondary means of vehicular access to the side
or rear of two or more properties. Frontage on an alley shall not
satisfy the requirements of this chapter relating to frontage on a
street.
As applied to a building or structure, a change or rearrangement
in the structural parts; an enlargement or diminution, whether by
extending on a side or by increasing in height; or the moving from
one location or position to another.
An animal equivalent unit (AEU) is equal to 1,000 pounds
of live weight of livestock or poultry animals, regardless of the
actual numbers of animals.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower based wireless
communications facilities defined herein. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment including, without limitation, ham or citizen
band radio antennas.
[Added by Ord. No. 2021-03, 3/9/2021]
A space having part or all of its floor-to-ceiling height
below the average level of the adjoining ground. A basement or cellar
shall be counted as a story for the purpose of determining floor area
if the vertical distance between the floor and the ceiling is more
than six feet.
See "site area, base."
A person, except family, occupying any room or group of rooms
forming a single, habitable unit used or intended to be used for living
and sleeping, but not for cooking or eating purposes, and paying compensation
for lodging or board for a week or more at a time to an owner or operator.
A facility in which beer or other alcoholic beverages are
brewed, fermented or distilled for distribution or consumption and
which possesses the appropriate license from the Pennsylvania Liquor
Control Board, producing less than 15,000 barrels per year (for purposes
of this definition, a barrel is 31 gallons). On-site consumption may
occur so long as allowed by the Pennsylvania Liquor Control Board.
[Added by Ord. 2017-05, 11/28/2017]
A strip of land planted with trees, shrubs, ground cover
or a combination of types of vegetation, established to protect adjacent
land uses. Buffers are intended to screen glare and noise and to create
a visual barrier between land uses.
A structure having a roof which is used for the shelter or
enclosure of persons, animals or property. The word "building" shall
include any part thereof.
A building located on the same lot as a principal building
and clearly incidental and subordinate to the principal building.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
The total of the areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings,
measured from the exterior of outside walls.
For all uses for which there is an open space requirement,
the percentage of the lot area covered by buildings, measured as building
coverage per net buildable site area, as defined herein. For uses
for which there is not an open space requirement, the percentage of
the lot area covered by buildings, measured as building coverage per
the base site area, as defined herein.
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
The area of a lot that has no development restrictions. The
building envelope shall not include the area of any required setbacks
(except for driveways which would cross yards); bufferyards; stormwater
management basins; easements; and the portion of those natural features
that may not be developed or intruded upon as specified in this chapter.
The vertical distance measured from the elevation of the
finished grade at the front of the building or structure to the midpoint
of the roof for a pitched roof or the top of the structure for a flat
roof.
A building in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located, and not an accessory
building.
The line establishing the minimum front yard, as herein designated
for each use in each district, measured from the street line at a
distance equal to the minimum required front yard.
The line establishing the minimum rear yard, as herein designated
for each use in each district, measured from the rear lot line at
a distance equal to the minimum required rear yard.
The line establishing the minimum side yards, as herein designated
for each use and each district, measured from the side lot line at
a distance equal to the minimum required side yard.
The minimum distance between buildings measured from the
outermost wall or projection.
The mounting of one or more wireless communication facilities,
including antennas, on a preexisting structure, or modifying a structure
for the purpose of mounting or installing a wireless communication
facility on that structure.
[Added by Ord. No. 2021-03, 3/9/2021]
Terms and pricing that are reasonably consistent with similar
wireless communication facility leases and agreements within a twenty-five-mile
radius of the municipality.
[Added by Ord. No. 2021-03, 3/9/2021]
A use permitted only when granted by the Board of Supervisors
in accordance with the standards contained in this chapter and Article
VI of the Pennsylvania Municipalities Planning Code, as amended.[1]
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in Title 16 CFR (relating to commercial practices) or any
successor regulation and which complies with the provisions for "consumer
fireworks" as defined in the American Pyrotechnics Association (APA)
Standard 87-1, including but not limited to Sections 3.1 and 3.5,
or any successor standard. The term does not include devices such
as "ground and handheld sparkling devices" as defined in APA Standard
87-1, Section 3.1.1, "novelties" as defined in APA Standard 87-1,
Section 3.2. or "toy caps" as defined in APA Standard 87-1, Section
3.3.
[Added by Ord. No. 2018-06, 9/11/2018]
An unenclosed patio or porch attached to a dwelling unit.
A municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added by Ord. No. 2021-03, 3/9/2021]
The number of dwelling units per acre of net buildable site
area or base site area as applicable pursuant to the requirements
of this chapter.
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, utilities, mining, dredging, filling, grading,
paving, excavation or drilling operations.
The attaching of development rights to specified lands which
are desired to be kept undeveloped but permitting those rights to
be transferred from those lands so that the development potential
which they represent may occur on other lands within the Township.
The diameter of a tree trunk measured at a height of four
feet six inches above the ground surface.
Defined as more fully set forth in 27 CFR 555.11 (meaning
of terms), which is incorporated herein by reference which meets the
types of display fireworks devices set forth in the APA Standard 87-1,
Section 4.1, which comply with requirements for display fireworks
set forth in APA Standard 87-1.
[Added by Ord. No. 2018-06, 9/11/2018]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. No. 2021-03, 3/9/2021]
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities used for living,
sleeping, cooking and eating by one family.
An application for modification of an existing wireless communications
facility or base station that involves co-location of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
[Added by Ord. No. 2021-03, 3/9/2021]
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the public rights-of-way to be unusable
and result in loss of the services provide.
[Added by Ord. No. 2021-03, 3/9/2021]
A person who is employed or is engaged in gainful activity.
For the purposes of this chapter, the term shall refer to the maximum
number of employees on duty at any time at a place of business whether
the employees are full- or part-time. If shifts are involved in which
two shifts overlap, it refers to the total of both shifts.
One person, or two or more persons related by blood, foster
relationship, marriage, or adoption, and in addition, any domestic
servants or gratuitous guests thereof, or a group of not more than
eight persons who need not be so related, and in addition domestic
servants or gratuitous guests thereof who are living together in a
single dwelling unit and maintaining a common household with single
cooking facilities, including occupants that are mentally or physically
handicapped persons as defined in Title VIII of the Civil Rights Act
of 1968, as amended by the Fair Housing Amendments Act of 1988,[2] have the right to occupy a dwelling unit in the same manner
and to the same extent as any family unit, subject to the Mental Health
Procedures Act, 50 P.S. §§ 7101 through 7503, and shall
be eligible for such facility. A roomer, boarder or lodger shall not
be considered a member of the family.
[Amended by Ord. 2017-05, 11/28/2017]
The Federal Communications Commission.
[Added by Ord. No. 2021-03, 3/9/2021]
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of "1.4G fireworks"
as set forth in the 2003 International Fire Code, including, but not
limited to, those compositions or devices defined in APA Standard
87-1.
[Added by Ord. No. 2018-06, 9/11/2018]
[Amended by Ord. 2015-02, 1/27/2015]
Any areas of Plumstead Township classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
For areas abutting streams and watercourses where the 100-year
floodplain (1% annual chance flood) has not been delineated by the
Flood Insurance Study, the applicant shall submit a floodplain identification
study. The study, prepared by a registered professional engineer expert
in the preparation of hydrologic and hydraulic studies, shall be used
to delineate the 100-year floodplain. The floodplain study shall be
subject to the review and approval of the Township. All areas inundated
by the 100-year flood shall be included in the floodplain area.
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department
of Agriculture, Natural Resources Conservation Service, latest version,
as being subject to flooding.
The sum of the areas of all the floors of the building or
structure, including areas used for human occupancy or required for
the conduct of the business or use, as measured from the exterior
faces of the walls. It does not include basements or cellars, unenclosed
porches, attics not used for human occupancy, nor any floor space
in accessory or primary buildings intended or designed for the parking
of motor vehicles in order to meet the parking requirements of this
chapter.
The ratio of the floor area to the lot area, as determined
by dividing the total floor area by the base site area.
Naturally occurring vegetation characterized by trees whose
crowns meet to form a 70% to 100% closed canopy. Forest must be at
least 0.5 acre in area and contain trees at least 20 feet tall or
12 inches diameter at breast height, although all trees need not be
this size. In addition to trees, a forest includes all natural layers
of vegetation beneath the canopy, all the diversity of organisms that
inhabit it, both plant and animal, and the soil layers that develop
beneath it. Forest areas smaller than 0.5 acre on a parcel shall also
be considered to be forest if the forest is part of a larger contiguous
forest area that extends onto other parcels.
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of structure to the public rights-of-way.
[Added by Ord. No. 2021-03, 3/9/2021]
A vertically integrated health system [a health delivery
system licensed under the Act of July 19, 1979 (P.L. 130, No. 48),
known as the Health Care Facilities Act,[3] in which the complete spectrum of care, including primary
and specialty care, hospitalization and pharmaceutical care, is provided
within a single organization] approved by the Commonwealth of Pennsylvania
Department of Health to dispense medical marijuana or grow and process
medical marijuana, or both, in accordance with research under the
Pennsylvania Medical Marijuana Act of 2016, P.L. 84.[4]
[Added by Ord. 2017-05, 11/28/2017]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower based wireless communications
facility, including antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 2021-03, 3/9/2021]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added by Ord. No. 2021-03, 3/9/2021]
An establishment where patrons share flavored tobacco from
a communal hookah (a single-stemmed or multistemmed instrument for
vaporizing or vaping and smoking flavored tobacco) which is placed
at each table.
[Added by Ord. 2017-05, 11/28/2017]
A surface that does not absorb precipitation and surface
water. All buildings, parking areas, driveways, roads, sidewalks,
swimming pools (including the pool water surface), and any areas containing
concrete, asphalt, packed stone, compacted soils, or equivalent surfaces
shall be considered impervious surfaces. Decks that allow precipitation
to pass through the deck onto a pervious surface below shall be considered
pervious. In addition, other areas determined by the Township Engineer
to be impervious within the meaning of this definition shall be classified
as impervious surfaces. Permeable/Pervious pavers may only be considered
a pervious surface when installed in accordance with manufacturer
instructions, installation is approved and inspected by the Township
Engineer, and an operations and maintenance agreement, prepared by
the Township Solicitor, is signed and recorded with the Bucks County
Recorder of Deeds.
[Amended by Ord. 2010-09, 11/3/2010; Ord. 2017-05, 11/28/2017 and by Ord. No. 2023-02, 2/14/2023]
For purposes of subdivision, the maximum impervious surface
coverage shall apply to the overall site, including open space areas,
roads and improvements on individual lots. Unless otherwise restricted
or limited, or increased or made greater by a notation on an approved
subdivision or land development plan which is recorded in the Bucks
County Recorder of Deeds office, the maximum impervious surface coverage
on any preexisting lot or lot created as part of a subdivision plan
which has been duly recorded shall be the maximum impervious surface
allowed by this chapter on the existing lot. When there is a conflict
between this chapter and a notation on a recorded approved subdivision
or land development plan, the notation shall establish the maximum
impervious surface coverage allowed.
[Added by Ord. 2010-09, 11/3/2010; amended by Ord. 2017-05, 11/28/2017]
The total area of all impervious surfaces divided by the
net buildable site area for an entire tract, or the area of impervious
surface on an individual lot divided by the lot area, or the area
of impervious surface divided by the base site area depending upon
the particular use requirements.
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
Areas around lakes and ponds measured 100 feet from the spillway
crest elevation.
Natural or artificial bodies of water .25 acre or larger
which retain water at least six months out of the year.
A parcel of land, used or set aside and available for use
as the site of one or more buildings and any buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street,
nor including any land within the right-of-way of a public street
upon which said lot abuts, even if the ownership to such right-of-way
is in the name of owner of the lot.
The area within the lot lines of an individual parcel of
land shown on a land development or subdivision plan or the area within
the lot lines of an individual preexisting parcel of land, excluding
all of the following:
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
Any area within the future street right-of-way.
Any area within the right-of-way of an alley.
Any area within required bufferyards.
Any land lying within the access lane for lane lots.
Any area required or dedicated as open space.
Any land occupied by an easement for or by a permanent retention
or detention facility.
Any land occupied by other easements upon lots less than 30,000
square feet.
Any land occupied by resources required by this chapter to be
100% protected within lots less than 30,000 square feet.
Any other lands specifically excluded by the terms of this chapter.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangent
to the curve at the points beginning within the lot or at the points
of intersection of the side lot lines with the street lines intersect
at an angle of less than 135°. A corner lot shall have front yards
on all streets and shall have one side yard and one rear yard.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
A lot which does not have the required minimum lot width
at the minimum front yard line but has direct access to a public street
through a narrow strip of land which is part of the same lot. The
lot lines of the narrow portion of the lot (the lane) shall be parallel
or nearly parallel.
Any boundary line of a lot.
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
LOT LINE, FRONTAny lot line abutting the street at the right-of-way line or the future right-of-way line.
LOT LINE, REARAny lot line parallel to or within 45° of being parallel to a street line. In the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line.
LOT LINE, SIDEAny lot line that is not a street line or a rear lot line.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance measured between the side lot lines at the required
front building setback line. In a case where there is only one side
lot line, lot width shall be measured between such side lot line and
the opposite rear lot line or street line. Lot width shall always
be measured along the required building setback line, even where the
front of a lot is other than a straight line.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
of Pennsylvania to dispense medical marijuana. The term does not include
a health care medical marijuana organization.
[Added by Ord. 2017-05, 11/28/2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the Commonwealth
of Pennsylvania to grow and process medical marijuana. The term does
not include a health care medical marijuana organization.
[Added by Ord. 2017-05, 11/28/2017]
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone, dolomite, sand
and gravel, rock and stone, earth, slag, iron ore, zinc ore, vermiculite
and clay, coal, peat, crude oil and natural gas.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances (accessory attachments)
necessary for the erection thereon of a single mobile home.
A transportable, single-family dwelling unit intended for
permanent occupancy, contained in one unit, or in two units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy, except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.[5]
Plumstead Township, Bucks County, Commonwealth of Pennsylvania.
[Added by Ord. No. 2021-03, 3/9/2021]
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, Storage and Retail Sales of Fireworks
and Pyrotechnic Articles, 2006 edition.
[Added by Ord. No. 2022-02, 12/13/2022]
The following are nonresidential zoning districts: VC Village
Center District, C-1 Neighborhood Commercial District, C-2 Commercial
District, C-3 Planned Shopping Center District, LI Light Industrial
District, Q Quarry District.
[Amended by Ord. No. 2023-02, 2/14/2023]
All nontower wireless communications facilities, including
but not limited to, antennas and related equipment. "Nontower WCF"
shall not include support structures for antennas and related equipment.
[Added by Ord. No. 2021-03, 3/9/2021]
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in APA Standard 87-1, Section 3.2.
[Added by Ord. No. 2018-06, 9/11/2018]
Land used for farmland preservation, resource protection, or scenic areas and is protected from future development by the provisions of this chapter. Open space does not include land occupied by roads; road rights-of-way; the yards or minimum lot areas of dwelling units; minimum separation distances between dwellings; driveways; parking areas; minimum recreation land required by Chapter 22, Subdivision and Land Development, of the Township Code; or any lands or uses or activities which are specifically prohibited in open space by the terms of this chapter. The land area of any stormwater management facility (detention, retention, bioretention areas, or others), as defined by the extent of the stormwater or drainage easement, may not be used to meet minimum open space requirements. The land area required for wellhead protection shall not be used to meet minimum open space requirements.
The total amount of open space within the site divided by
the base site area.
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that person does not include or apply to
the municipality or to any department or agency of the municipality.
[Added by Ord. No. 2021-03, 3/9/2021]
A portable shed or structure that may be loaded with materials,
equipment and/or personal property and placed on a residential property
for the purpose of storage. A portable home storage unit or structure
shall not exceed 10 feet in width, 20 feet in length and 10 feet in
height.
[Added by Ord. 2010-09, 11/3/2010, Art. I]
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the municipality.
[Added by Ord. No. 2021-03, 3/9/2021]
An active, registered professional engineer (PE), licensed
as such by the Commonwealth of Pennsylvania.
[Added by Ord. No. 2021-03, 3/9/2021]
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 known as the
"Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
[Amended by A.O.]
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.
The surface of and space above and below any real property
in the municipality in which the municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to, the total extent of
land reserved or dedicated as a street way/alley/lane for public or
private purpose; all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the municipality; any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the municipality. The phrase "in the right(s)-of-way"
means in, on, over, along, above and/or under the right(s)-of-way.
[Added by Ord. No. 2021-03, 3/9/2021]
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added by Ord. No. 2021-03, 3/9/2021]
Any piece of equipment related to, incidental to, or necessary
for, the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added by Ord. No. 2021-03, 3/9/2021]
Any single- or multiple-family dwelling units, duplexes,
guest houses, caretaker units, apartment, recreational vehicle, or
other dwelling unit or structure located on one or more contiguous
lots of record in any of the zoning districts which allow residential
uses.
[Added by Ord. 2017-05, 11/28/2017]
The following are residential zoning districts: RP Resource
Protection District, RO Rural Residential District, R-1 Rural Residential
District, VR Village Residential District, R-2 Residential District,
R-3 Residential District, R-4 Residential District, R-5 Residential
District.
[Amended by Ord. No. 2023-02, 2/14/2023]
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of travel.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future street improvements as set forth in this chapter. "Future right-of-way" may also be referred to as "ultimate right-of-way."
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governing authority or utility and currently in existence.
The dividing line between a lot and the future right-of-way
of a street or utility.
Area surrounding designated bodies of water, including streams,
creeks, lakes, intermittent watercourses, and wetlands, that intercept
surface water runoff, subsurface flow, or deep groundwater flows.
The required distance between a lot line and any building
or structure under the terms of this chapter. Setback requirements
include building setbacks, setbacks for accessory uses or structures,
special setbacks from future right-of-way, and special setbacks from
natural resource areas.
PUBLICA wastewater system owned and/or operated by the Bucks County Water and Sewer Authority in which wastewater is collected from buildings located on more than one lot and/or multiple dwelling units and treated by an approved wastewater disposal system.
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
PRIVATEAn on-lot disposal system generally providing for disposal of effluent for only one building or group of buildings on a single lot.
COMMUNITY SEWAGE SYSTEMA system in an area not currently serviced by or proposed for public sewer service, for the treatment of effluent from two or more homes, that is applied to the land either on the surface or below.
The rental of one or more rooms of a residential property
to transient guests for a period of less than 14 consecutive days
wherein the guests are allowed access to the cooking facilities. The
owner of such a property need not reside at the property contemporaneously
with the transient guests.
[Added by Ord. No. 2020-04, 9/8/2020]
A parcel or parcels of land intended to have one or more
buildings or intended to be subdivided into one or more lots.
All land area within the site as defined in the deed and
as measured by a boundary survey prepared by land surveyor as licensed
by the Commonwealth of Pennsylvania.
The total area of a site minus:
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
Existing road right-of-way.
Land which is not contiguous.
Land shown on previous subdivision or land development plans
as reserved from development for natural resource protection, recreation,
open space preservation or other uses.
Land contained in existing easements for utilities.
Land used or zoned for another use, or land in a different zoning
district than that of the primary use.
That part of the base site area remaining for development
after the amount of open space necessary for resource protection has
been calculated and deducted, as required by this chapter.
The maximum number of lots or dwelling units, the maximum
impervious surfaces, the net buildable site area and the minimum required
open space as calculated under the provisions of this chapter.
A wireless communications facility that meets the following
criteria:
[Added by Ord. No. 2021-03, 3/9/2021]
The structure on which antenna facilities are mounted is:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume;
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Residential facilities where individuals reside together
either voluntarily or by court order in order to recover from drug,
alcohol and/or substance abuse, which serve as an interim environment
between rehabilitation facilities and reintegration into their future
lives. This definition shall include recovery houses and halfway houses.
This term does not include roomers, boarders, lodgers, members of
a family [except those protected as suffering from a "handicap" under
the provisions of Sections 3602(h) and 3604 of the Fair Housing Act[6]] or any use otherwise defined, described or regulated
in this chapter.
[Added by Ord. 2017-05, 11/28/2017]
Includes any solar collector or other solar energy device,
or any structural design feature whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for
space heating or cooling, for water heating, or for electricity generation,
which may be mounted on a building, or on the ground, or on other
structures. Solar energy systems may include solar panels which, for
the purpose of this chapter, are structures containing one or more
photovoltaic cells, the purpose of which is to convert solar energy
into usable electrical energy. Solar energy systems are regulated
under this chapter for either solar energy systems' on-site usage
or solar energy systems' off-site usage.
[Added by Ord. No. 2021-07, 12/14/2021; amended by Ord. No. 2023-02, 2/14/2023]
A use permitted only when granted by the Township Zoning
Hearing Board in accordance with the standards contained in this chapter
and Article IX of the Pennsylvania Municipalities Planning Code, as
amended.[7]
Any structure, natural or man-made, that, due to its condition, design, or construction, conveys, stores, or otherwise affects stormwater runoff. Typical stormwater management facilities include, but are not limited to, detention and retention basins, open channels, storm sewers, pipes, infiltration structures, and other stormwater best management practices as defined by Part 1, Stormwater Management, of Chapter 26 of the Township Code.
[Amended by Ord. No. 2023-02, 2/14/2023]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it, and including those basements used for the principal
use.
That story with its floor level immediately above the average
finished grade level of the adjoining ground at any particular point
or side of the building.
Any perennial or intermittent stream shown on a USGS map,
waters of the commonwealth, and/or waters of the U.S.
A road used or intended to be used for passage or travel
by motor vehicles and to provide access to abutting properties.
Streets are classified according to the functions they perform, in accordance with the average daily traffic (ADT), the number of dwelling units, commercial developments, and industrial developments served. The streets in the Township shall be classified as listed below. The future right-of-way for each road classification is established in Chapter 22, Subdivision and Land Development, of the Plumstead Township Code.
Expressway:
|
US Route 611 Bypass
|
Arterial:
|
PA 313 (Swamp Road)
|
|
PA 413 (Durham Road)
|
|
US 611 (Easton Road)
|
Major collector:
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
|
Applebutter Road
|
|
Burnt House Hill Road
|
|
Carversville - Wismer Road (aka Wismer) Road
|
|
Curley Hill Road
|
|
Danboro-Pt. Pleasant Pike
|
|
Ferry Road (PA 313 to Danboro-Pt. Pleasant Pike)
|
|
Gordon Road
|
|
Groveland Road
|
|
Landisville Road
|
|
Old Easton Road
|
|
Potters Lane (PA 413 to Stump Road)
|
|
River Road
|
|
Sawmill Road
|
|
Stump Road (PA 313 to Covered Bridge Road)
|
|
Tollgate Road
|
|
Township Line Road
|
Minor collector:
[Amended by Ord. 2010-09, 11/3/2010, Art. I]
|
Bergstrom Road
|
|
Bradshaw Road
|
|
Covered Bridge Road
|
|
Dillon Road
|
|
German Road
|
|
Haring Road
|
|
Kellers Church Road
|
|
McNeal Road
|
|
Meetinghouse Road
|
|
Potters Lane (Stump Road to Township Line Road)
|
|
Ridgeview Road
|
|
Schlentz Hill Road
|
|
Silo Hill Road
|
|
State Park Road
|
|
Swagger Road
|
|
Tohickon Hill Road
|
|
Twin Silo Road
|
|
Valley Park (aka Myers) Road
|
|
Worthington Road
|
Local streets: all remaining roads shall be classified as local
streets.
The dividing line between the street and the lot. The street
line shall be the same as the future right-of-way line for a public
road or street. In the case of a private road or street, the street
line shall be located 25 feet from the center line of the private
road or street.
Any man-made object having an ascertainable location on or
in land or water, whether or not affixed to the land.[8]
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added by Ord. No. 2021-03, 3/9/2021]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added by Ord. No. 2021-03, 3/9/2021]
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antennas system hub facilities are considered to be tower based WCFs.
[Added by Ord. No. 2021-03, 3/9/2021]
A zoning district in which all utility installations are
required to be installed underground on a nondiscriminatory basis.
[Added by Ord. No. 2021-03, 3/9/2021]
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land. A principal use is the main use on a lot.
A retail establishment specializing in the sale of electronic
cigarette products and accessories.
[Added by Ord. 2017-05, 11/28/2017]
An intermittent or perennial stream of water, river, brook,
creek, or swale identified on USGS (United State Geodetic Survey)
or NRCS (Natural Resources Conservation Service) mapping and/or delineated
waters of the commonwealth or waters of the U.S.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
A system that converts wind energy into electrical or mechanical
energy through the use of a generator and includes the nacelle, rotor,
tower, pad turbine, if any, and all related components. This definition
also includes windmills used for all other purposes. Wind energy systems
are regulated under this chapter for either on-site-usage wind energy
systems or off-site-usage wind energy systems.
[Added by Ord. No. 2021-07, 12/14/2021]
A device, which includes a tower structure and associated
mechanism(s) and supporting components, which is installed above ground
for the purpose of generating mechanical or electrical energy, and
may include, but not be limited to, vertical or horizontal plane,
wind-driven turbines, helixes, meteorological towers, and windmills.
[Added by Ord. No. 2021-07, 12/14/2021]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. No. 2021-03, 3/9/2021]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added by Ord. No. 2021-03, 3/9/2021]
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added by Ord. No. 2021-03, 3/9/2021]
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. No. 2021-03, 3/9/2021]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added by Ord. No. 2021-03, 3/9/2021]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
rights-of-way or other municipal-owned land or property.
[Added by Ord. No. 2021-03, 3/9/2021]
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, approved by the municipality.
[Added by Ord. No. 2021-03, 3/9/2021]
An open area unobstructed from the ground up, except for
vegetation and accessory uses or structures to the extent specifically
permitted by this chapter, on the same lot with a structure, extending
along a lot line or street line and inward to the structure. The size
of a required yard shall be measured as the shortest distance between
the structure and a lot line or street line.
The yard between a structure and a street line and extending
the entire length of the street line. In the case of a corner lot,
the yards extending along all streets are front yards. In the case
of a lot other than a corner lot that fronts on more than one street,
the yards extending along all streets are front yards.
The yard between a structure and a rear lot line, extending
the entire length of the rear lot line.
The yard between a structure and a side lot line, extending
from the front yard to the rear yard. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
[1]
Editor's Note: See 53 P.S. § 10601 et seq.
[2]
Editor's Note: See 42 U.S.C. §§ 3600 through
3620.
[3]
Editor's Note: See 35 P.S. § 448.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: The former definition of "NFPA 1124," added
by Ord. No. 2018-06, 9/11/2018, which immediately followed this definition,
was repealed by Ord. No. 2019-10, 9/10/2019.
[6]
Editor's Note: See 42 U.S.C. §§ 3602(h) and
3604, respectively.
[7]
Editor's Note: See 53 P.S. § 10901 et seq.
[8]
Editor's Note: The former definition of "temporary structure,"
added by Ord. No. 2018-06, 9/11/2018, which immediately followed this
definition, was repealed by Ord. No. 2019-10, 9/10/2019.
