Township of Newtown, PA Terminology

Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article:

ACCESSORY BUILDING

A structure subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. A building or use which satisfies the definition of "accessory building" or "accessory use" may not be a principal use on a lot. Where an owner or applicant owns or controls adjoining parcels and wishes to place an accessory building on the separate parcel, this may only be done by consolidating the said parcels so that the accessory use or building is in fact accessory to the principal use on the consolidated lot and not a principal use on a separate tax folio.

ACCESSORY USE

A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto. A building or use which satisfies the definition of "accessory building" or "accessory use" may not be a principal use on a lot. Where an owner or applicant owns or controls adjoining parcels and wishes to place an accessory building on the separate parcel, this may only be done by consolidating the said parcels so that the accessory use or building is in fact accessory to the principal use on the consolidated lot and not a principal use on a separate tax folio.

APARTMENT

A room or group of rooms in an apartment house designated for and occupied exclusively as a residence for only one family.

APARTMENT HOUSE BUILDING

A building designated for and occupied exclusively as a residence for three or more families living independently of one another and which building is a single building unit for purpose of operation, management and maintenance, and/or a group of one or more townhouses or row houses.

[Amended 10-11-1976 by Ord. No. 1976-4]

APPLICATION

The required form to request relief under this chapter. An application is docketed when received, and the fee is paid and noted on the face of the form.

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this Chapter 172 have been prepared. For purposes of this Chapter 172, a flood which has a one-percent chance of being equaled or exceeded in any given year, which is a flood referred to as the one-hundred-year flood.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a base flood (i.e., the one-hundred-year-flood elevation). Within an approximated floodplain as delineated in the Flood Insurance Study (FIS), or other areas subject to flooding outside of the Flood Insurance Study, the base flood elevation shall be established as a point on the boundary of the Floodplain Management District closest to a subject property. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year-flood elevation, as well as a floodway area, if possible. The elevation shown on the Flood Insurance Rate Map (FIRM) that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

BASEMENT

Any area of the building having its floor below ground level on all sides.

[Amended 9-2-2015 by Ord. No. 2015-03]

BOARDINGHOUSE or ROOMING HOUSE

A house in which one or more people are sheltered or fed for profit and where the person or persons occupying the premises are not members of the same family.

BUILDING

A combination of materials to form a permanent structure having walls and a roof intended for supporting or sheltering any use or occupancy. All manufactured homes and trailers to be used for human habitation are buildings.

[Amended 10-15-2013 by Ord. No. 2013-08; 9-2-2015 by Ord. No. 2015-03]

(1)

BUILDING (DETACHED)A building which has no party wall.

(2)

BUILDING (SEMIDETACHED)A building which has only one party wall.

BUILDING AREA

The net lot area a building may be built upon after subtracting the building area driveway. Portions of structures that extend from the building need not be located within the building area. These include cornices, eaves, gutters, steps or ramps, chimneys, balconies, unroofed terraces (patios), and unroofed porches. However, decks sufficient for purposes of seating and terraces or patios large enough for that same purpose must be within the building area if they exceed 16 square feet.

BUILDING ENVELOPE

Any area formed by lines connecting all setback lines on a lot, but excluding floodplains, rights-of-way and other areas where building is prohibited.

BUILDING HEIGHT

The vertical measurement of a building from the mean or average level of the ground abutting the building to the highest point of the main roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections of the building shall not be included in calculating the height.

CARTWAY

The paved portion of a street.

COMMERCIAL VEHICLE

Any vehicle which exceeds a gross vehicle weight of 9,200 pounds or is greater than 84 inches in height, whether or not engaged in a commercial enterprise, trade, profession or industry, and which may or may not bear commercial aspects, such as signs or attached ladder or tool racks, shall be considered a commercial vehicle in this chapter.

[Added 11-25-1996 by Ord. No. 1996-2]

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure designed and constructed to prevent the intrusion of water and water vapor.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

CONDITIONAL USE

A use which is permitted in a particular zoning district only upon demonstration that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified by this condition and authorized by the Board of Supervisors, which compliance is demonstrated by drawings and related documents.

[Amended 1-10-1983 by Ord. No. 1983-1; 11-14-1994 by Ord. No. 1994-4]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes and construction as otherwise defined under the Pennsylvania Construction Code Act.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

CONTIGUOUS BUILDABLE LOT AREA

The area of a lot on which the principal permitted building is located, comprised of those adjoining horizontal areas exclusive of the following environmentally sensitive areas:

[Added 1-7-1991 by Ord. No. 1991-1]

(1)

The one-hundred-year-floodplain areas, as defined in Chapter 91, Flood Damage Prevention.[1]

(2)

Wetland areas (including buffers) within the subject matter jurisdiction of the Commonwealth of Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers.

(3)

Areas of very steep slopes [25% or greater], as defined in Chapter 134, Slope Conservation.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A development that provides a continuum of accommodations and care for senior persons, including a combination of residential living units, personal care living units, a skilled nursing facility and accessory uses.

[Added 8-12-2013 by Ord. No. 2013-04]

DAY-CARE CENTER

A facility providing care, supervision and organized educational and recreational activities for more than six children, 12 years of age or younger, unrelated to the operator. This facility shall be located in a building with appropriate area, designed and intended for day care in compliance with the approval and/or licensure requirements as specified by the Commonwealth of Pennsylvania, Department of Public Welfare and the Department of Education.

DAY CARE, HOME-BASED

A day-care program, operating in a residential single-family dwelling, for six children or less, 12 years of age or younger, including the children of the operator.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to construction, alteration, or repair of buildings or other structures; the placement of manufactured homes, streets, paving, and utilities; mining, dredging, filling, grading, excavation or drilling operations; the storage of materials and equipment on the land; the subdivision of land; and development as otherwise defined by the Pennsylvania Municipalities Planning Code.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

DOMESTIC AND OTHER ANIMALS

Cats, dogs, birds and other domesticated animals may be kept in any residential district, except that all such animals must be kept on the premises in a fenced space unless on a leash. Livestock and poultry may be kept so long as suitable shelter is provided in a fenced space and so long as they are kept no less than 50 feet from any street line or property line. Horses may be kept in a ratio of one horse to every two acres so long as an adequate stable is provided and the space wherein the horse(s) are kept is fenced and no closer than 50 feet to any street line or property line.

DWELLING

A building suitable for human occupancy under the Codified Ordinances of Newtown Township. No dwelling may be eligible for relief under this chapter unless it has access to water and sewage disposal at the time of the application for zoning relief.

(1)

SINGLE-FAMILY DWELLINGA building on a lot designed and occupied exclusively as a residence for one family. (See also the definition for "family.")

(2)

TWO-FAMILY DWELLINGA building on a lot designed and occupied exclusively as a residence for two families, with one family living wholly or partly over the other.

(3)

MULTIFAMILY DWELLINGA building on a lot designed, altered or used exclusively as a residence for three or more families.

EFFECTIVE DATE

The effective date of this chapter is February 4, 1938, except that, as to amendments with respect to minimum lot area, minimum habitable floor area, off-street parking, minimum lot width and similar requirements, the effective date shall be the date when the particular amendment became or becomes effective.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the intrusion of some water vapor or minor seepage; the structure is substantially impermeable to the intrusion of water.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 17, 1980.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

EXISTING STRUCTURE or EXISTING CONSTRUCTION

A structure for which the "start of construction" commenced before September 17, 1980.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FAMILY

Any number of persons living and cooking together as a single housekeeping unit, but shall not include more than three unrelated persons living and cooking together as a single cooperative housekeeping unit, and said persons may not be purely transient.

FLOOD

A temporary, partial or complete inundation of normally dry land areas from the overflow of a watercourse.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOODPLAIN

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby body of water including a stream, river or watercourse; and/or any area subject to inundation by the base flood through the unusual and rapid accumulation of surface waters from any source.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be preserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FLOODWAY FRINGE

That part of the floodplain adjacent to and extending from the floodway and subject to inundation by the one-hundred-year flood. Also referred to by the FIS and FIRM as the AE Area with an identified or delineated floodplain.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

GARAGE

(1)

NONRESIDENTIAL GARAGEAn accessory building used for the storage of motor vehicles, not trucks or commercial vehicles, only two of which may be owned and used by persons other than the owner or tenant of the lot on which the private garage is erected.

(2)

RESIDENTIAL GARAGEA building or group of buildings, other than a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto. A residential garage may be integral to a residential dwelling or an accessory building to a residential dwelling. Where a residential garage is an accessory building, it may be only one story in height, unless a second story is added in accordance with the provisions of this chapter. Where a residential garage is attached to a residential dwelling, a second story which will be integral to the residential dwelling may be added and be part of the ordinary residential use of the property.

(3)

PUBLIC GARAGEA building, other than a residential garage or nonresidential garage, one or more stories in height, used for the storage or repair of automobiles.

GARAGE SPACE

A parking space within a garage.

GRADE

The actual level of the ground adjacent to the exterior walls of a building.

GROSS FLOOR AREA

The sum of the areas of each floor of a building suited for occupancy as measured within the perimeter of the outside surface of the walls of each floor, including basements, without deduction for hallways, stairwells, elevators, closets, lavatories, utility rooms, utility raceways and thickness of walls, but with deductions for indoor parking and those open spaces of partial floors which are airspace above a lower floor when those areas exceed 200 square feet per area. Open areas of partial floors shall include, but not be limited to, atriums and enclosed courtyards within the outside surface of the walls of a building.

[Added 2-27-1989 by Ord. No. 1989-2]

HABITABLE ROOM

A room or enclosed floor space arranged for living, eating or sleeping purposes, not including bathrooms, water closet compartments, laundries, pantries, foyers, hallways and other accessory floor spaces.

HANDICAPPED PARKING SPACES

All nonresidential uses and apartment buildings shall provide for handicapped access by motor vehicles by providing handicapped spaces, sized and marked in accordance with the Building Code[2] and Motor Vehicle Code.[3]

HELIPORT

An area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters, and any appurtenant areas which are designed to be used for helicopter support facilities, such as maintenance, refueling and parking.

[Amended 5-14-1984 by Ord. No. 1984-3]

(1)

PERSONAL USE HELIPORTAny heliport that is used exclusively by the owner and/or operator. Personal use heliports are owned by individuals, companies or corporations.

(2)

PUBLIC USE HELIPORTSAny heliport open to the general public and not requiring prior permission of the owner and/or operator to land.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

HISTORIC STRUCTURE or HISTORIC BUILDING

A building or other structure that is:

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

(3)

Individually listed on a Pennsylvania inventory of historic resources; or

(4)

Individually listed on a local inventory of historic resources.

HOUSING FOR THE ELDERLY

A residence occupied generally by older or retired persons, which contains housekeeping, semihousekeeping or nonhousekeeping dwelling units especially designed for elderly persons or families.

[Amended 1-28-1980 by Ord. No. 1980-2]

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified as being inundated by the one-hundred-year flood.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

LOT

A parcel of land which is occupied or is to be occupied by one principal use and/or building (except where multiple buildings/uses are authorized), together with any accessory uses and/or buildings authorized and customarily incidental to such principal use and/or building and such open spaces as are arranged or desired to be used in connection with such use and/or principal building, such open spaces to be not less than the minimum required by this chapter. A lot is a single tax parcel, notwithstanding that a deed may contain reference to several lots. See also "single and separate ownership."

LOT AREA

The area of land included within the title lines of a lot.

[Added 1-7-1991 by Ord. No. 1991-1; amended 9-11-2000 by Ord. No. 2000-4]

(1)

The following shall not be calculated in determining the minimum lot area:

(a)

Seventy-five percent of any land lying within the Flood Conservation District or located in wetlands.

(b)

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.

(c)

Fifty percent of the land containing very steep slopes and 25% of the land containing steep slopes.

(d)

If the lot area, as determined in accordance with Subsection (1)(a) and (b) 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.

(2)

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.

LOT, CORNER

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 corner lot shall be considered as having two front yards for the purpose of setback requirements of the zoning district wherein the corner lot is located. A corner lot shall have one rear yard. See "lot frontage" below for determination of the front of a corner lot. See also §§ 172-109 and 172-112 for further guidance.

LOT FRONTAGE

The distance along the street line of a lot. The frontage of a corner lot is the shorter street line distance.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area, including the basement of a building. An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage in an area other than a basement area is not considered the lowest floor of a building provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

MAJOR HIGHWAY

West Chester Pike and Newtown Street Road, but only that portion also known as "State Route 252."

MANUFACTURED HOME (also referred to as MOBILE HOME)

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for occupancy as a dwelling, office, school, or other place of assembly with or without a permanent foundation when attached to required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

MANUFACTURED HOME LOT

A parcel of land improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single manufactured home.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel of land under single ownership which has been planned and improved for the placement of manufactured homes for nontransient use, consisting of two or more manufactured home lots. "Manufactured home parks" shall include manufactured home developments.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit-way requirements. "Minor repairs" shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

MOTOR VEHICLES SALES AGENCY

An area of land, together with structures thereon, used primarily for the sales, service and repair of new motor vehicles under a manufacturer's franchise agreement, including the sales of goods and products normally provided in connection with such sales, repairs and service, together with a permitted component for used motor vehicles sales, repairs and service.

[Added 9-10-2018 by Ord. No. 2018-04]

NET FLOOR SPACE

The floor area of the inside perimeter of the outside walls of the building or part of the building under consideration, with deductions for hallways, stairs, lavatories and structural features. For the purpose of determining the minimum net floor space for a business entity or building in an SU-1 Zone District, only areas totally under the control of the business entity shall be included as net floor space.

[Added 6-26-1989 by Ord. No. 1989-6]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the floodplain management article and includes any subsequent improvements to such structures. Any construction started after September 17, 1980, and before the effective date of the floodplain management article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be placed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after September 17, 1980.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

NO-IMPACT HOME-BASED BUSINESS

A lawful business use conducted solely by the resident of a dwelling unit, but not an apartment which is incidental and secondary to the residential use of the dwelling. A no-impact home-based business may include a for-profit home business or a home office for a resident of a dwelling unit who may be self-employed or work for another employer or contract with another company or individual, whether full-time or part-time. See also § 172-101.

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year. For the purposes of this chapter, base flood.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

PARKING LOT

An open area on a lot used for the parking of motor vehicles.

PARKING SPACE

A space on a lot used for the storing or temporary parking of motor vehicles, the space for which shall measure at least 10 feet by 20 feet, and to which there is an access road of not less than nine feet wide from a street or alley. Where parking spaces within a building are used for vehicle storage only, such spaces may be less than 10 feet by 20 feet, but only where the spaces are not accessible to or used by the general public, but, in any event, no space may be less than nine feet by 18 feet. All parking spaces are to be constructed to Township standards, are to be paved, and, in commercial applications, are to be striped. Where this chapter requires all-weather parking spaces, these are intended to be under roof. See also other provisions of this chapter which pertain specifically to parking.

[Amended 10-9-1978 by Ord. No. 1978-9]

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

PERSONAL CARE LIVING UNIT

A dwelling unit within a personal care home licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of any emergency, or medication prescribed for self administration.

[Added 8-12-2013 by Ord. No. 2013-04]

POST-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred after September 17, 1980 (the initial FIRM for Newtown Township), and as such would be required to be compliant with the regulations of the National Flood Insurance Program (NFIP).

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

PRE-FIRM STRUCTURE

A structure for which construction or substantial improvement occurred on or before September 17, 1980 (the initial FIRM for Newtown Township), and as such would not be required to be compliant with the regulations of the NFIP.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

PROFESSION

A vocation, including lawyers, doctors, dentists, architects and similar callings, which the Zoning Hearing Board deems to be of the same general nature as the above.

[Amended 9-8-1980 by Ord. No. 1980-16]

PUBLIC PARKING SPACE

A parking space made available by the owner(s) for use by all persons without the expressed permission from the owner(s).

[Amended 10-9-1978 by Ord. No. 1978-9]

RECREATIONAL VEHICLE (also referred to as a TRAILER HOUSE)

A vehicle which is:

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

(1)

Built on a single chassis; and

(2)

Not more than 400 square feet, measured at the largest horizontal projections; and

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Not designed for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.

RECREATIONAL VEHICLE PARK (also referred to as a TRAILER HOUSE PARK)

Any premises used as a parking space for more than one recreational vehicle.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

REDEVELOPMENT AREA

A census tract or group of census tracts eligible for a revitalization program and identified in an adopted revitalization plan.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

REGULATORY FLOOD ELEVATION

The elevation to which development is regulated for purposes of elevation and/or dry floodproofing. Within the Township, it is equal to the base flood elevation plus a freeboard of two feet.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

REPETITIVE LOSS

Flood-related damages sustained by a structure on at least two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, cumulatively equals or exceeds 50% of the market value of the structure before the damages occurred.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

RESIDENTIAL LIVING UNIT

A dwelling unit in a building of multiple dwelling units, or standing alone, used exclusively for occupancy by one or more senior persons in a continuing care retirement community.

[Added 8-12-2013 by Ord. No. 2013-04]

RIGHT-OF-WAY LINE

See "street line" and "street right-of-way."

SECONDARY ROAD

Any road in the Township having a paved cartway not less than 30 feet wide and further having access to a major highway via secondary roads, as defined herein.

SERVICE OFFICE BUILDING

A building containing sales or business offices or the offices of a bank, doctor, dentist, physician, mortician, surgeon, optician, attorney, real estate broker, insurance broker, accountant, tax consultant, Magisterial District Judge, teacher, architect, engineer, draftsman, artist and no other. No office building shall include a store or personal service shop for retail trade or with a service to the general public. Personal service shops include barbershops, beauty parlors, dry cleaners, tailors, decorators and similar uses. No sales of merchandise or goods shall be permitted in the service office building. Eating facilities and personal service shops such as barbershops are permitted as accessory uses when designed or located to serve the occupants of an office building(s) or an apartment building(s). Such facilities shall not have storefronts or store windows and shall not be located and designed to attract the trade of persons other than the occupants or clients of the office building(s) or apartment building(s) if located within such buildings. All signs related to such eating or service facilities shall satisfy the criteria for the district within which they are located. Where a separate building is located on the same premises or an adjoining property to office building(s) or apartment building(s), personal service shops are permitted by special exception upon demonstration that the personal service shop will serve the needs of these residents and will not be detrimental to the neighborhood within which it is located.

SETBACK LINES

See also the definition for "yards." The setback is that part of the front side or rear yard measured from the right-of-way line within which construction of any improvement is prohibited unless specifically permitted by provisions of this chapter. This definition incorporates by reference the specific definitions of "yards" set forth in this section.

SIGN

Any surface, fabric, device or display which is viewed from the exterior of a building and intended to advertise the business within and/or its goods and services and which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, designed to convey information visually and which is exposed to public view. For the purposes of this chapter, the term "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. Ordinary window displays of goods and services which are not signs as defined herein are excluded from the measurements contained in this chapter. Included within the definition of "sign" are the following types of signs. Notwithstanding anything set forth above, ordinary window displays of goods and services may not constitute a sign as determined by the Zoning Officer.

[Amended 4-9-1984 by Ord. No. 1984-1]

(1)

BANNERAny sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. Flags of any government shall not be considered banners for the purpose of this chapter except when displayed in connection with commercial promotions.

(2)

BILLBOARD SIGNA non-point-of-sale sign which advertises a business, organization, event, person, place or thing, unless such sign is more specifically defined herein.

(3)

CHANGEABLE COPY SIGNA sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.

(4)

CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

(5)

DIRECT PUBLIC ENTRANCEThe direct access to a premises from grade level exterior to a building without transversing corridors, halls, stairwells, elevators or the like.

(6)

DIRECTORY SIGNA sign on which the names or locations of occupants or the use of a building is given. This shall include office buildings and church directories.

(7)

FREESTANDING SIGNAny portable sign or sign structure not securely attached to the ground or to any other structure.

(8)

GROUND AND/OR POLE SIGNAny sign which is supported by structures or supports in or upon the ground and independent of support from any building.

(9)

ILLUMINATED SIGNAny sign illuminated in any manner by an artificial light source.

(10)

INTEGRAL SIGNMemorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building.

(11)

MARQUEE SIGNAny sign attached to and made a part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

(12)

NONCONFORMING SIGNAny sign which does not conform to the regulations of this chapter.

(13)

OFFICIAL SIGNAny sign installed or maintained by the Commonwealth of Pennsylvania, County of Delaware, or the Township of Newtown or mandated by statutes or ordinance.

(14)

POINT-OF-SALE SIGNAny sign which carries only the name of the firm, major enterprises or products offered for sale on the premises where the sign is located, or a combination of these things.

(15)

PROJECTING SIGNAny sign, other than a wall sign, affixed to any building or wall whose leading edge extends beyond such building or wall.

(16)

REAL ESTATE SIGNAny sign which is used to offer for sale, lease or rent the property upon which the sign is placed.

(17)

ROOF SIGNAny sign erected or constructed wholly upon and over the roof of any building and supported on the roof structure.

(18)

SNIPE SIGNAny sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property.

(19)

TRAILER SIGNAny sign mounted on a vehicle and used for advertising or promotional purposes, such as a trailer normally licensed by the Commonwealth of Pennsylvania.

(20)

WALL SIGNAny sign painted on or attached to and erected parallel to the face of or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

(21)

SIGN AREAThat area enclosed by continuous straight lines connecting the extreme points of edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign are to be included in determining sign area. In addition, sign area shall be determined in accordance with the following:

(a)

Freestanding or attached. The area includes all lettering, wording and accompanying design and symbols, together with the background, whether open or enclosed, on which they are displayed. This includes the spaces between the sections of a paneled sign. The area does not include minimal supporting framework or bracing, but it does include any decorative structure.

(b)

Painted upon or applied to a building. The area includes all lettering, wording and accompanying designs or symbols, together with any background of a different color than the natural or primary color of the building.

(c)

Individual letters or figures. When attached or painted on a surface, a building, canopy, awning, wall or window, the area is that of the smallest rectangle or other geometric shape that encompasses all of the letters and symbols.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot. A lot is a tax parcel as distinguished from the common use of the term "lot" in many deeds. Where two or more tax parcels are used as one lot, these tax parcels cease to exist as single and separate lots. The single usage is determined based on the character of usage, and such factors as placement of structures in relation to property lines are to be considered in addition to the placement of supporting accessory building and amenities. For example, a house that straddles a property line loses the separation of the parcels. Similarly, a garage or pool placed on a parcel separate from but adjoining another parcel where the principal building is located nullifies the separateness of the parcels.

SKILLED NURSING FACILITY

A facility which provides for personal health care in a continuing care retirement community and is licensed to provide nursing care by the Commonwealth of Pennsylvania.

[Added 8-12-2013 by Ord. No. 2013-04]

SPECIAL EXCEPTION

An authorization granted by the Zoning Hearing Board in instances where provision therefor is specifically made by the terms of this chapter.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A or AE.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

SPECIAL FLOODPLAIN AREA

An area where one-hundred-year flood elevations have been identified, but no floodway has been delineated. Also referred to as AE Area without floodway by the FIS and FIRM.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

START OF CONSTRUCTION

Unless otherwise specified by the Uniform Construction Code, and including substantial improvement and other proposed new development, the date a building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Zoning Officer. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a lot. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

STORY

That part of a building comprised between a floor and the floor or roof next above. See also the definition for "basement."

STREET LINE

The dividing line between a lot and a street or a proposed street on which the lot abuts (right-of-way line).

STREET RIGHT-OF-WAY

A street opened or available to the general public, excluding, however, private drives and private roads with restricted access to authorized persons/entities, employees or business invitees. See also the definition of "cartway." Also, notwithstanding any provision of this definition, public use other than for specific Township needs does not extend beyond the actual cartway of the street in question.

[Added 9-8-1997 by Ord. No. 1997-7]

STRUCTURE

Any man-made object or facility having an ascertainable stationary location on or in land or water, whether or not affixed to the land. A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

[Amended 10-15-2013 by Ord. No. 2013-08; 9-2-2015 by Ord. No. 2015-03]

SUBDIVISION

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; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted; and as otherwise defined by the Pennsylvania Municipalities Planning Code.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARK

Any repair, reconstruction, or improvement of an existing manufactured home park or manufactured home subdivision, where such repair, reconstruction, or improvement of the streets, utilities, and pads will equal or exceed 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement was started.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the structure's market value before the damage occurred.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the structure's market value before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

TOWNHOUSE or ROW HOUSE

A single-family dwelling unit, one or more stories in height, attached to one or more dwellings by one or more party walls.

[Amended 1-28-1980 by Ord. No. 1980-1]

TRACT

An area of land comprised of a single parcel or multiple parcels which are either in single ownership or, in the case of multiple ownership, subject to an agreement of all owners that development will be governed by and will be completed in accordance with a unified land development plan. A tract may contain parcels that are separated by public or private street rights-of-way.

[Added 8-12-2013 by Ord. No. 2013-06; amended 10-28-2013 by Ord. No. 2013-11]

UNIFORM CONSTRUCTION CODE (UCC)

The Pennsylvania statewide building code first adopted by the Pennsylvania General Assembly in 1999 under the Pennsylvania Construction Code Act, as amended, and applicable to construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry, and applicable to residential and commercial buildings.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

VIOLATION

The failure of a structure or other development to be fully compliant with the Township's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

[Added 10-15-2013 by Ord. No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]

YARDS