As used in this chapter, words in the singular include the plural, and those in the plural include the singular. Words in the present tense include the future tense, words used in the masculine gender include the feminine and neuter. The word "person" includes corporation, unincorporated association and partnership, as well as an individual. The word "structure" includes the meaning of "building," and each shall be construed as if followed by the phrase "or part thereof."
The following words, as used in this chapter, shall have the meanings indicated below:
The removal of the surface of the land through the combined action of man's activities and natural processes at a rate greater than would occur from natural processes alone.
A lane of a cartway intended for use by vehicles entering, leaving or crossing a lane of forward travel without interrupting the flow of traffic.
The Pennsylvania Municipalities Planning Code of July 31, 1968, 53 P.S. § 10101 et seq., as amended from time to time.
The cultivating of the soil, the raising and harvesting of the products of the soil and the keeping, breeding and management of livestock for use on the property or raised for sale and profit.
See "service street."
A landowner or developer, including his heirs, successors and assigns, who has filed an application for subdivision or land development.
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, for the approval of a land development plan and for the approval of a residential development.
A tract of land bounded entirely by streets; by streets and a watercourse; by streets and a railroad; by streets and the corporate boundaries of the Township; by streets and public land or other park or recreation area; or any combination of the above.
The Board of Supervisors of Newtown Township.
A strip of required yard space adjacent to a use or facility within a property or to the boundary of a property or district, on which is located a visual barrier of sufficient height and density to appropriately buffer or screen the property or use. Such barrier shall be comprised of vegetative material unless specific authorization is given by the Board for alternatives (e.g., berming, fences, walls, etc.).
Any structure for which a building permit is required by the Newtown Township Building Code,[1] i.e., any combination of materials forming any structure which is erected on the ground and permanently affixed thereto, designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals or property of any kind. Any mobile home or similar structure constructed off-site prior to placement on the ground is also a "building."
An area formed by lines connecting all setback lines on a lot, but excluding floodplains, rights-of-way and other areas where building is prohibited.
An established line within a property defining the minimum required distance between any building which may be erected and the adjacent right-of-way line of the street on which it fronts, to provide the front yard specified by Chapter 172, Zoning, of the Code of the Township of Newtown.
The portion of a street right-of-way, paved or unpaved, customarily used by vehicles in the regular course of travel over the street.
An area of unobstructed vision at street intersections defined by lines of sight for vehicles exiting onto a road, measured from a vehicle 10 feet back from the pavement edge to the center of the approaching traffic lanes.
A parcel or parcels of land or an area of water or a combination of land and water within a development and designed and intended for the use or enjoyment of occupants and residents of the development, excluding streets, off-street parking areas, areas set aside for public facilities and private yards.
A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980, as amended,[4] which includes an undivided interest in a portion of a parcel, together with a separate interest in a space within the parcel.
A reservoir designed and constructed to retard the flow of surface water so as to reduce the rate of stormwater runoff to predetermined amounts.
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made the improvements associated with a subdivision or land development. The "developer" may also be the subdivider, as defined herein.
Any man-made change to 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 operation and the subdivision of land.
A written contract between a subdivider or developer and the landowner, on one hand, and the Township on the other, specifying the agreed-upon conditions of development.
A private means of vehicle access from a public or private street to a single lot; provided, however, that two contiguous lots may share a common driveway where the applicable requirements of this chapter and Chapter 172, Zoning, of the Code of the Township of Newtown are complied with on each lot.
Any building or part thereof designated for or occupied for residence purposes.
Activity resulting in the movement of earth or stripping of vegetative cover from the earth, not including the clearing of land for agricultural purposes.
A permanent right for limited use of land. The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the easement beneficiary (e.g., utility, drainage and public access easements).
A legal agreement between a property owner and an appropriate conservation organization or governmental entity, through which the property owner establishes certain use restrictions over all or portion(s) of the property for conservation purposes.
A professional engineer licensed in Pennsylvania and duly designated by the Township to perform the duties of engineer as herein specified.
The low areas adjoining and including a watercourse or other body of water (such as a pond, marsh or lake) within the Township, which are subject to inundation by a flood having a frequency of recurrence of once in 100 years. The basis for delineation shall be as prescribed in Chapter 91, Flood Damage Prevention.[5]
Any security which may be required of a developer by the Township after final acceptance by the Township of improvements installed by the developer. Such security may include, but is not limited to, federal or commonwealth lending institution irrevocable letter of credit or restrictive or escrow account.
Any security which may be required of a developer by the Township in lieu of a requirement that certain improvements be made before the Township approves the developer's subdivision plan or land development plan. Such security may include, but is not limited to, those instruments cited above as acceptable for maintenance guaranties.
Material which is impenetrable and unable to absorb water, including but not limited to buildings, structures and paved areas (driveways, parking lots, etc.).
Buildings for public or quasi-public use, streets, curbs, gutters, streetlights and signs, water mains, hydrants, sanitary sewer mains including laterals to the street right-of-way line, power and communication lines, storm drainage lines, stormwater management structures, walkways, recreational facilities, open space changes, shade trees, buffer or screen plantings and all other additions to the tract that are required by ordinance or necessary to result in a complete subdivision or land development in the fullest sense of the term.
Any of the following activities:
[Amended 11-14-1994 by Ord. No. 1994-5]
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 tenants; 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.
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[6]
Any activity which causes land to be exposed to the danger of erosion, including clearing, grading, filling, plowing or any other earthmoving, as defined.
The legal or beneficial owner or owners of land, including, for purposes of this chapter, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A parcel of land, undivided by any street or dedicated future street right-of-way. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Delaware County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Delaware County.
The area of land included within the title lines of a lot.
[Amended 9-11-2000 by Ord. No. 2000-6]
The following shall not be calculated in determining the minimum lot area:
Seventy-five percent of any land lying within the Flood Conservation District or located in wetlands.
Area within the title lines set aside as right-of-way for a street, public or private utilities and all areas of easements, including, but not limited to, storm drainage easements, sewage easements and easements of access.
Fifty percent of the land containing very steep slopes and 25% of the land containing steep slopes.
If the lot area as determined in accordance with. Subsection A(1) and (2) above is three acres or more, then the area of steep slope and very steep slope lands is not required to be deleted from the lot area.
In case of an interior (flag) lot, any portion connecting such interior (flag) lot to a road or street shall not be included in the calculation of minimum lot area.
A lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
A lot which does not adjoin a street but is connected thereto by an access strip of required minimum width. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district and shall be met on that portion of the lot exclusive of the minimum access strip.
The line separating the lot from the street right-of-way. For interior lots, it is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains the minimum required lot width. Where a lot abuts more than one street, there shall be a front lot line on each street.
A lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the local street.
The horizontal distance between side lot lines measured along the street line or building setback line as specified. When the street line is curved, the measurement shall be made along the arc which is on or parallel to the curve of the street line.
A transportable, single-family dwelling intended for permanent occupancy contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
[Amended 11-14-1994 by Ord. No. 1994-5[9]]
A permanent reference marker set by a registered land surveyor at a property corner. It may be either a steel rod at least 5% inches in diameter and 30 inches long or a steel reinforced concrete section having a top dimension of at least four inches and tapering to six inches at the bottom and a minimum length of 24 inches with a steel rod embedment.
AS-BUILT PLANA corrected final plan, showing dimensions and locations of all streets and other improvements as actually constructed.
CONSERVATION PLANA plan to accompany preliminary and final plan submissions, including a natural resources inventory, impact assessment and mitigation and maintenance proposals.
FINAL PLANAn exact and complete site design and layout plan and improvements construction plan prepared by and signed and sealed by a registered engineer to be recorded upon approval.
IMPROVEMENTS CONSTRUCTION PLANA component of the preliminary and final plan, prepared by a registered engineer, showing the construction details of streets, drains, sewers, water supply systems, bridges, culverts and other improvements as required, including a horizontal plan, profiles and cross sections.
LANDSCAPE PLANA plan showing the addition of lawns, trees, plants and other natural and decorative features to a parcel as may be required, including buffer areas, green areas and other plantings.
PRELIMINARY PLANA site design and layout plan and improvements construction plan prepared by a registered engineer, in less detail than a final plan and prepared for consideration prior to submission of a final plan, but in sufficient detail to determine feasibility of the use proposed in light of physical conditions and all other matters made applicable by Chapter 172, Zoning, of the Code of the Township of Newtown, this chapter and any other applicable Township ordinance.
RECORDED PLANA final plan, with accompanying documents as required by this chapter, which has been recorded by the applicant in the office of the Recorder of Deeds of Delaware County.
SITE DESIGN AND LAYOUT PLANA component of the preliminary and final plan, prepared by a registered engineer, showing property lines, existing and proposed streets, lots, buildings, public areas, drainage facilities, easements and other details pertinent to the proposal.
SKETCH PLANA plan submitted, at the applicant's option, for review and discussion prior to application for preliminary plan approval, including whatever information the applicant deems useful; for example, a graphic plan, not necessarily to scale, showing approximate tract boundaries and a general layout of lots, buildings and streets.
The Planning Commission of Newtown Township.
A change in a map of an approved or recorded subdivision plan, if such change affects any street layout on such map or area reserved thereon for public use, or any lot line, including the elimination of property lines to meet zoning requirements; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
A reservoir used to collect stormwater to allow removal of sediment and debris from water by settlement.
The total width of any land reserved or dedicated as a street, alley, driveway, crosswalk, utility corridor or for any other public or private purpose.
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by water.
INDIVIDUAL SEWAGE FACILITIES SYSTEMThe disposal of sewage by use of septic tanks or other safe and healthful means, and generally within the confines of the lot on which the use is located.
COMMUNITY SEWAGE FACILITIES SYSTEMA sanitary sewage system in which sewage is carried from individual dischargers by a system of pipes to one or more common treatment and disposal facilities. Treatment and disposal may occur either on-site or off-site and shall be approved by the Pennsylvania Department of Environmental Protection and the Township.
PUBLIC SEWAGE FACILITIES SYSTEMA system for the collection, treatment and disposal of sewage in which sewage is conveyed by a system of pipes to a treatment facility operated by a political subdivision or public authority and disposed of through means approved by the Pennsylvania Department of Environmental Protection.
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway to any other point where the view is not obstructed by traffic or other obstruction.
Water which surfaces, flows or collects during and subsequent to rain or snowfall.
A right-of-way, publicly or privately owned, intended for general public use to provide means of movement for vehicles and pedestrians. The word "street" includes the words "road," "highway," "thoroughfare" and "way."
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
COLLECTOR STREETA street designed and located to provide means to drain traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the Township to major streets and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.
CUL-DE-SAC STREETA local street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
LOCAL STREETA street primarily intended to serve and provide access to the properties abutting thereon.
PRIVATE STREETA local street, serving only abutting lots, that is not offered or required to be offered for dedication.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
SINGLE-ACCESS STREETA local street, including but not limited to a cul-de-sac or loop design, which has only one point of intersection with an existing road.
Any man-made object having an ascertainable stationary location on land.
Any individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a landowner unit (or agent authorized thereby) which undertakes the subdivision or development of land. The "subdivider" may also act as the developer, as defined herein.
The division of a single lot, tract or parcel of land into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, for lease, transfer of ownership or building or lot development. Any subdivision of land for finance purposes shall comply with all of the requirements of this chapter and Chapter 172, Zoning, of the Code of the Township of Newtown. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted from this definition. The term "parcel of land" includes air space and condominium ownership.
A registered land surveyor licensed in Pennsylvania.
The Township of Newtown.
A permanent stream, intermittent stream, river, brook, creek or a channel or ditch for water, whether natural or man-made.
INDIVIDUAL WATER SUPPLY SYSTEMA safe, healthful and adequate supply of water to a single user from a private well or spring located on the land of the user.
CENTRAL WATER SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site. A "central system" can be further described as either of the following:
PUBLIC WATER SUPPLY SYSTEMA system which is owned by a municipality, a public utility or a private company or political subdivision and may be interconnected with other water supply systems.
COMMUNITY WATER SUPPLY SYSTEMA system which is owned by a municipality, a public utility company or a private company and which serves a single community or subdivision and is not interconnected with any other water supply system.
Chapter 172, as amended, of this Code.
[2]
Editor's Note: Figures 2, 3 and 4 are located at the end of this chapter.
[3]
Editor's Note: Figure 5 is located at the end of this chapter.
[6]
Editor's Note: See 53 P.S. § 10503(1.1).
[7]
Editor's Note: Figures 1, 2, 3 and 4 are located at the end of this chapter.
[8]
Editor's Note: Figure 4 is located at the end of this chapter.
[9]
Editor's Note: This ordinance also provided for the repeal of the definition of "mobile home park," which immediately followed this definition.
[10]
Editor's Note: Figure 5 is located at the end of this chapter.