[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Unless
a contrary intention clearly appears, the following words and phrases
shall have for the purposes of this Ordinance the meanings given in
the following clauses.
B.
For
the purpose of this Ordinance, words and terms used herein shall be
interpreted as follows:
1.
Words used in the present tense include the future.
2.
The singular includes the plural.
3.
The word "person" includes a corporation, partnership, and association,
as well as the individual.
4.
The word "lot" includes the word "plot" or "parcel."
5.
The term "shall" is mandatory.
6.
The words "used" and "occupied" as applied to any land or structure
shall be construed to include the words "intended, arranged, or designed
to be occupied."
7.
The phrase "Joint Municipal Planning Commission" always means the
Joint Municipal Planning Commission for the three participating municipalities:
Newtown Township, Upper Makefield Township, and Wrightstown Township.
8.
The phrases "municipal planning commission" and "local planning commission"
mean any of the Newtown Township Planning Commission, the Upper Makefield
Township Planning Commission, or the Wrightstown Township Planning
Commission.
9.
The words "municipality," "participating municipality," "governing
body," or "participating governing body" mean any of Newtown Township
Board of Supervisors, Upper Makefield Township Board of Supervisors,
or Wrightstown Township Board of Supervisors, whichever has jurisdiction.
10.
The phrase "Joint Zoning Council" always means the Joint Zoning Council
for the three participating municipalities: Newtown Township, Upper
Makefield Township, and Wrightstown Township.
11.
The phrase "Local Zoning Hearing Board" (hereinafter designated "LZHB")
shall mean a zoning hearing board separately established by each participating
municipality in accordance with Article XV.
12.
The phrase "Joint Municipal Region" and the word "Region" always
means the area comprising the participating municipalities: Newtown
Township, Upper Makefield Township and Wrightstown Township.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A subordinate structure, the use of which is customarily incidental
to that of the principal structure and which is located at the same
lot as the principal structure.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A way for vehicular and foot traffic leading from any street.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An acre is 43,560 square feet.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The Pennsylvania Municipalities Planning Code of July 31, 1968,
P.L. 53 P.S. § 10101 et seq. (Act No. 247) as supplemented
and amended from time to time.
[Amended effective 5/2/2005 by JMZO Ord. 2005-01, § I,
adopted 4/27/2005. Readopted effective 6/23/2007 by JMZO Ord. 2007,
adopted 6/18/2007.]
Soils classified in the Soil Survey of Bucks County, Pennsylvania,
U.S. Department of Agriculture, Natural Resources Conservation Service,
2002 (as revised) as "Prime Farmland" and "Statewide Important Farmland,"
and soils referred to in the 1975 Soil Survey as Class I, II, or III
soils.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A minor right-of-way providing secondary vehicular access to
the side or rear of two or more properties.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Alterations include, but are not limited to the following:
A.
All
incidental changes or replacement in the non-structural parts of a
building or other structure;
B.
Minor
changes or replacements in the structural parts of a building or other
structure, including, but not limited to, the following examples:
1.
Alteration of interior partitions to improve livability in nonconforming
residential buildings, provided no additional dwelling units are created
thereby;
2.
Alteration of interior partitions in all other types of buildings
or other structures;
3.
Constructing windows or doors in exterior walls;
4.
Strengthening the load bearing capacity in not more than 10% of the
total floor area to permit the accommodation of a specialized unit
of machinery or equipment.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4,
adopted 5/2/2007.]
Animals that exist wholly or partly on naturally growing pastures
which usually consist of true grasses, together with other forage
species such as legumes.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4,
adopted 5/2/2007.]
One horse, cow or mule; or two donkeys; or four alpaca; or five
sheep; or six goats; or one of any other grazing animal not listed.
Suckling offspring are included within the same animal unit as the
mother until weaned.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4,
adopted 5/2/2007.]
Animals that exist in confined pens, cages, buildings or feed
lots on feeds typically harvested and fed to the animals.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
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 below.
[Added effective 11/18/2013 by JMZO Ord. 2013-05, adopted
11/13/2013.]
The openings between vertical and/or horizontal fascia boards
on the same side of a fence.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The total area of a sign including all borders and trim but
not structural elements.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
See Site Area, Base.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 1/3 of the perimeter walls
are five feet or more above grade and if the net area of the door
or window openings in the exterior walls is equal to at least 10%
of the enclosed floor area.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
See Outdoor Advertising Sign.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A person 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 and lodging by prearrangement for a week or more
at a time to the owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than one week at a time shall be classified for purposes of this
Ordinance not as a roomer, boarder, or lodger but as a guest of a
commercial lodging establishment (motel, hotel, tourist home).
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A strip of required yard space adjacent to the boundary of a
property, district, road, street, or highway, not less in width than
is designated in this Ordinance, and on which is placed year-round
shrubbery, hedges, evergreens, or other suitable plantings of sufficient
height and density to constitute an effective screen and to give maximum
protection and immediate screening to an abutting property or district.
A buffer yard may include a wall or fence or a solid wall or fence,
provided that such wall or fence is screened or constructed in such
a manner that it will not conflict with the character of the abutting
district.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Building. A structure under roof, used for the shelter or
enclosure of persons, animals or property. The word "building" shall
include any part thereof.
B.
Building, Accessory. A subordinate building located on the
same lot as a principal building and which is clearly incidental and
subordinate to the principal building. Any portion of a principal
building used or devoted to any accessory use is not an accessory
building.
C.
Building, Principal. A building in which is conducted, or
is intended to be conducted, the principal use of the lot on which
it is located.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The aggregate of the maximum horizontal cross-section areas
of buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached and detached structures,
except steps, terraces, cornices, eaves, and gutters, but including
roofed porches, roofed breezeways, and roofed carports.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The line parallel to the proposed right-of-way line at a distance
therefrom equal to the depth of the front yard required for the district
in which the lot is located; provided that, in the case of a lot where
the side lines are not parallel, the building setback line shall be
where lot width first coincides with the required minimum lot width
but in no case closer to the street than the required front yard.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The term used to describe the size of buildings or other structures
and their relationship to each other, to open areas such as yards,
and to lot lines, and therefore includes:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A story, partly underground, and having more than 1/3 of its
height (measured from floor to ceiling) below the average level of
the adjoining ground. A cellar shall not be considered in determining
the permissible number of stories or square footage, nor shall it
be used for dwelling purposes.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A place for the burial or interment of the dead. This term does
not include crematoriums when used in this Ordinance.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
As it pertains to wireless communications facilities, the mounting
of one or more WCFs, including antennas, on an existing tower-based
WCF or utility or light pole.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
As defined within the Uniform Condominium Act No. 82 of 1980,
real estate, portions of which are designed for separate ownership
and the remainder of which is designated for common ownership solely
by the owners of those portions. Real estate is not a condominium
unless the included interest in the common elements are vested in
the unit owners.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Contiguous shall mean immediately adjacent, abutting, bordering,
and/or sharing a common property line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A lot which has an interior angle of less than 135° at the
intersection of two street lines. A lot fronting upon a curved street
or streets shall be considered a corner lot if the tangents to the
curve at points within the lot or at the points of intersection of
the side lot lines within the street line intersect at an angle of
less than 135°. Front yards are required on both streets, the
remaining yards are to be side yards.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The number of dwelling units per unit of area. Density is used to determine the permitted number of dwelling units as applied in § 902, Site Capacity Calculations.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any man-made change to improved or unimproved real estate including,
but not limited to, buildings or other structures, the placement of
mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging, drilling operations, and the subdivision
of land. "Development" includes the erection or construction upon
any lot or tract of any structure, any impervious surface, or any
parking or loading area (whether or not covered by an impervious surface).
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A network of spatially separated antenna sites connected to
a common source that provides wireless communications service within
a geographic area or structure.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A facility that links various DAS antennas used by wireless
providers to transmit wireless signals throughout a localized coverage
area. Typically, these facilities contain head-end equipment, such
as equipment for wireless service providers, a neutral host cabinet,
and electrical equipment.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A private strip of land, generally graded, usually hard surfaced,
intended for use as a means of vehicular or pedestrian access to an
individual lot.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A building designed and occupied for residential purposes, excluding
hotels, rooming houses, tourist homes, institutional homes, residential
clubs, mobile home parks, and the like.
A.
Single-family
detached dwellings, i.e., buildings designed for or occupied as a
dwelling for one family;
B.
Two-family
dwellings, i.e., buildings designed for or occupied as two dwellings
for two families; and
C.
Single-family
attached dwellings, i.e., buildings designed for, occupied, or used
for dwelling purposes by three to eight families living independent
of one another.
D.
Multi-family
dwellings, i.e., buildings designed for, occupied, or used for dwelling
purposes by six or more families living independently of one another.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
One or more rooms for living purposes, together with cooking
and sanitary facilities, which are used or intended to be used by
one or more persons living together and maintaining a common household.
Each shall be accessible from the outdoors either directly or through
an entrance hall shared with other dwelling units.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A right-of-way or restriction granted for limited use of private
land within which the owner of the property may be restricted from
erecting permanent structures but shall have the right to make any
other use of the land which is not inconsistent with the rights of
the grantee.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The lowest horizontal line of a sloping roof.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A condition that:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A term referred to in the parking standards as a measure of
the number of parking spaces required. It shall refer to the maximum
number of employees on duty at any time, 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.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The zoning officer, building inspector, or other individual
appointed by the municipality to enforce this Ordinance within the
jurisdiction of the municipality.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An addition to the floor area of an existing building, an increase
in size of another structure, or an increase in that portion of a
tract of land occupied by an existing use.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Federal Communications Commission.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The exterior wall, face, or plane of a building. The area of
the facade is computed by multiplying the distance between the corners
of the facade by the distance from the average level of the finished
grade of the ground to the eaves or parapet of the facades.
[Amended effective 6/10/2006 by JMZO Ord. 2006-01, § I;
adopted 6/5/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007,
adopted 6/18/2007.]
A single housekeeping unit intended to provide a stable, permanent
and functional lifestyle including one 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 five 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. A roomer, boarder, or lodger shall not
be considered a member of the family. The limit of not more than five
persons unrelated by blood, foster relationship, marriage, or adoption
shall not apply to persons protected under the Federal Fair Housing
Amendments Act, 42 U.S.C. § 3601 et seq., or the Americans
with Disabilities Act, 42 U.S.C. § 12101 et seq.
[Added effective 7/23/2007 by JMZO Ord. 2006-20, § 1;
adopted 7/18/2007. Amended effective 12/9/2018 by JMZO Ord. No. 2018-01,
adopted 12/4/2018.]
A.
Consumer Fireworks. As defined in Pennsylvania law, "Fireworks, Definitions,"
the term "consumer fireworks" shall mean and include any combustible
or explosive composition or any substance or combination of substances
which is intended to produce visible or audible effects by combustion
and which is suitable for use by the public, complies with the construction,
performance, composition and labeling requirements promulgated by
the Consumer Products Safety Commission in 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, or any successor standard. The term
does not include devices as "ground and hand-held sparkling devices,"
"novelties" and "toy caps" in APA Standard 87-1 or any successor standard.
B.
Display Fireworks. As defined in Pennsylvania law, "Fireworks, Definitions,"
the term "display fireworks" shall mean large fireworks to be used
solely by professional pyrotechnicians and designed primarily to produce
visible or audible effects by combustion, deflagration, or detonation.
This term includes, but is not limited to, salutes containing more
than two grains (130 mg) of explosive materials, aerial shells containing
more than 60 grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification
as "consumer fireworks" and are classified as fireworks under UN0333
or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous
materials table).
C.
Fireworks. 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
or 1.3G fireworks as defined in APA Standard 87-1.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
(See § 905 for Floodplain definitions.)
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The sum of the areas of the several floors of a building measured
from the outside face of the exterior walls or from centerlines of
walls separating two buildings. In particular, floor area includes,
but is not limited to, the following:
A.
Basement
space, if it meets the requirements of a building story;
B.
Elevator
shafts, stairwells, and attic space (whether or not a floor has been
laid) providing structural headroom of eight feet or more;
C.
Roofed
terraces, exterior balconies, breezeways, or porches, provided that
over 50% of the perimeter of these is enclosed;
D.
Any
other floor space used for dwelling purposes, no matter where located
within building;
E.
Accessory
buildings, excluding space used parking or loading berths;
F.
Any
other floor space not specifically excluded, excluding space used
for air-conditioning machinery or cooling towers and similar mechanical
equipment serving the building and cellar space.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The ratio of the floor area to the lot area, as determined by
dividing the floor area by the lot area.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The management of forests and timberlands when practiced in
accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting, and selling of trees for commercial
purposes, which does not involve any land development.
[Added effective 9/23/2020 by JMZO Ord. No.
2020-02,[1] adopted 9/23/2020.]
A machine at a fueling station that is used to pump gasoline
or diesel into vehicles or other permitted receptacles allowed by
the State of Pennsylvania. The dispenser shall be sized where only
one vehicle on each side is allowed, but more than one hose with different
types of gasoline or diesel fuels are allowed on each side of the
dispenser.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An accessory building used for the storage of any number of
motor vehicles, which may include commercial vehicles owned and used
by the owners or tenant of the premises.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The vertical distance measured from the average level of the
finished grade along all the exterior walls of a building to:
A.
The
highest point of the roof, in the case of a flat roof;
B.
The
mean height between the eaves and the ridge, in the case of a pitched
roof;
C.
The
highest point of any accessory structure or other irregularity which
rises wholly or partly above the general or average roofline, and
whose area equals or exceeds 10% of the ground floor area of the building
which supports it.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Impervious Surfaces. Impervious surfaces are those surfaces
which do not absorb rain. All buildings, parking areas, driveways,
roads, sidewalks, and any areas in concrete, asphalt, and packed stone
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the municipal engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces.
B.
Impervious Surface Ratio. The impervious surface ratio is
a measure of the intensity of use of a piece of land. It is measured
by dividing the total area of all impervious surfaces within the site
by the base site area.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Buildings for public or quasi-public use grading, paving, street
lights and signs, fire hydrants, water mains, sanitary sewers, storm
drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining
walls, and shade trees; as proposed or required, and intended for
dedication to the municipality.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
The municipalities of Newtown Township, Bucks County, Pennsylvania;
Upper Makefield Township, Bucks County, Pennsylvania; and Wrightstown
Township, Bucks County, Pennsylvania.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Natural or artificial bodies of water which retain water year
round. Artificial ponds may be created by dams or result from excavation.
The shoreline of such water bodies shall be measured from the high
water level. Lakes are bodies of water two or more acres in extent.
Ponds are any water bodies less than two acres in extent.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An area abutting the building especially designated for the
loading and unloading of vehicles and which has convenient access
to a storage location for the goods loaded or unloaded, such access
being furnished by an elevated floor, a recessed vehicle parking area,
a ramp, or other facility of like purpose.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A parcel of land in single and separate ownership described
by metes and bounds or in some other manner either by the written
word or by a plan or drawing, the description of which shall be recorded
in the Office of the Recorder of Deeds of Bucks County by a deed description,
or described by an approved subdivision plan recorded in the office
of the Recorder of Deeds of Bucks County.
A.
Lot Area. The area contained within the property lines of
a lot (as shown on the development plan), excluding space within an
existing or ultimate street right-of-way and within all permanent
drainage easements, but including the areas of all other easements
assigned an individual owner or to a given collective use by means
of a subdivision of land. Open space required under this Ordinance
shall not be counted as a portion of the lot area for the purposes
of measuring lot area per dwelling unit.
B.
Lot Area per Dwelling Unit, Average (Minimum). The minimum
lot area which is expressed as an average of all lots for a single
type of dwelling unit.
C.
Lot Depth. The mean distance from the street line of a lot
to its opposite rear line, measured in the general direction of the
side lines of the lot.
D.
Lot Width. The distance measured between the side lot lines
at the required 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.
E.
Lot Line, Front. See Street Line.
F.
Lot Line, Rear. Any lot line which is parallel to or within
45° of being parallel to a street line, except for a lot line
that is itself a street line. In the case of a lot having no street
frontage or a lot of an odd shape, only the one lot line furthest
from any street shall be considered a rear lot line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any lot line which is not a street line or a rear lot line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Mobile Home. A transportable, single-family dwelling intended
for permanent occupancy, office, or place of assembly which is contained
in one unit, or in 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 which is constructed so that
it may be used with or without a permanent foundation.
B.
Mobile Home Lot. A parcel of land in a mobile home park
which is improved with the necessary utility connections and other
appurtenances necessary for the erection thereon of a single mobile
home and which is leased by the park owner to the occupants of the
mobile home erected on the lot.
C.
Mobile
Home Park. A parcel of land in a performance subdivision which has
been planned and improved for the placement of mobile homes for nontransient
use and which consists of two or more mobile home lots.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A generally standard construction dwelling unit in which some
or all of the structural skin or service units (kitchens, baths) are
manufactured off-site in a factory, transported to the site and tied
in and erected on foundation and prepared on-site. The term includes
"module," "prefab," "factory-built," "panel-built," etc. The completed
unit must meet the standards of the municipal building code, and the
unit is considered real property.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A wireless communications facility or site which consists of
a single pole structure, designed and erected on the ground or on
top of a structure, to support communications antennas and connecting
appurtenances.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Components of a wireless communications facility other than
wireless support structures.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The legal occupant of a building or premises licensed to engage
in a business, residence, or profession, or exempt from license due
to governmental, educational, religious, or other privileged status.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-05, § I;
adopted 12/3/2008.]
A parcel or parcels of land or a combination of land and lakes, ponds and streams within a development site used for recreation, farmland preservation or resource protection which shall remain undeveloped and is protected from future development by the provisions of this Ordinance and the township Subdivision and Land Development Ordinance. Open space shall be designed and intended for the use or enjoyment of the residents of the residential development, except where open space is approved by the governing body for agricultural uses or to be included in fee-simple lots under the provisions of the § 1005.C.3 and .4. In nonresidential development, open space is undeveloped area as determined under § 902, "Site Capacity Calculations."
Required minimum open space area shall 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; stormwater management areas, including basins regardless
of depth, or any lands or uses or activities which are specifically
prohibited in open space by the terms of this Ordinance except where
the governing body, determines that it's in the best interest of health,
safety, and welfare to allow in the open space access ways and parking
areas accessory to and necessary for agricultural, recreational or
cultural public facilities permitted pursuant to JMZO § 1005.A.1.
For the purpose of the JMZO, open space shall not include areas preserved
by public entities or not for profit foundations through fee simple
acquisition or the purchase of conservation easements ("preserved
property"). The uses of and activities on preserved property shall
be governed by the deed of acquisition or conservation easement which
preserved the property.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The top of a building or wall or facade which is raised above
the roof.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007. Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted
9/18/2018.]
A land development in which mixed residential types are encouraged
in order to promote sound land planning and to provide a variety of
housing choices. Such subdivisions cluster housing to provide open
space.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
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 or other state or federal law, provided that "person"
does not include or apply to the Township or to any department or
agency of the Township.
[1]
Editor’s Note: Former § 257, Planned Residential
Development, was repealed effective 9/23/2018 by JMZO Ord. No. 2017-04,
adopted 9/18/2018.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any business establishment which contains four or more pool
or billiard tables which furnishes said tables to the public for rent
on a timed basis.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any tax parcel within a municipality.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Notice published once a week for two successive weeks in a newspaper
or general circulation in the municipality. Such notice shall state
the time and place of the hearing and the particular nature of the
matter to be considered at the hearing. The first publication shall
not be less than seven days from the date of the hearing.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any building or structure or extension thereof used, or to be
used, by a public utility, corporation, or authority for public utility
purposes.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An excavation, or other place, from which stone, slate, limestone,
or other minerals are removed by cutting, digging, blasting, or other
methods; and which includes, but is not limited to, those related
operations of crushing, sorting, sizing, or stockpiling of all quarried
material, overburden, and topsoil; and which includes, but is not
limited to, those related facilities of settlement basins, equipment
maintenance, and parking.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Resource Protection Land. Resource protection lands include
that portion of lands in floodplain, floodplain soils, lakes or ponds,
wetlands, shorelines, steep slopes, various woodland associations,
agricultural soils, and aquifer recharge areas that must remain undeveloped
as determined by the resource protection ratio.
B.
Resource Protection Ratio. A measurement of the development
constraints of a natural resource. Development may encroach upon a
portion of the total area of some natural resources. The extent of
that encroachment is determined by dividing the area of the encroachment
by the resource protection land.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Right-of-Way. Land set aside as right-of-way for use as
a street, alley, means of travel or public utility and for which a
deed of easement, right-of-way or other dedication for such use is
now or hereafter a matter of public record.
[Amended effective 3/7/2015 by JMZO Ord. 2015-01, adopted
3/2/2015.]
B.
Existing Right-of-Way. The legal right-of-way as established
by the Commonwealth or other appropriate governing authority and currently
in existence.
C.
Ultimate Right-of-Way. The right-of-way deemed necessary
by the Joint Municipal Comprehensive Plan for Newtown Township, Upper
Makefield Township, and Wrightstown Township and shown on the Highway
Classification Map in this Ordinance in order to provide adequate
width for future street improvements.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The classification of roads as described in the Joint Municipal
Comprehensive Plan for Newtown Township, Upper Makefield Township
and Wrightstown Township and shown on the Highway Classification Map
included in this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The highest continuous horizontal line of a roof. On a sloping
roof, the roof line is the principal ridge line, or the highest line
common to one or more principal slopes of the roof. On a flat roof,
the roof line is the highest continuous line of the roof.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any municipally- or privately-owned sewer system in which sewage
is collected from several buildings on a single property or from several
lots and treated at a common plant. The design, operation, and location
of the sewer plant shall be in accordance with the waste water policies
of the Joint Municipal Comprehensive Plan and the Act 537 Plan of
the participating municipality where the building or development is
proposed. For the purposes of this Ordinance, community sewage systems
shall be defined in accordance with Chapter 71.7(7), Administration
of Sewage Facilities Program, Pennsylvania Sewage Facilities Act (Act
of January 24, 1966), P.L. 1535, as amended, 35 P.S. § 750.1
et seq.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007. Amended effective 10/11/2008 by JMZO Ord. 2008-07, § 01;
adopted 10/6/2008.]
Any letter, number, symbol, figure, light or configuration of lights character, mark, plane, design, picture, stroke, stripe, trademark, or combination of these which is constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever; which is used to attract the public to any place, subject, person, firm, corporation, public performance, product, article, or merchandise; and which is displayed in any manner whatsoever so that it can be seen from the right-of-way. Definitions of types of signs are found in § 1101 of this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The ownership of a lot, tract, or parcel of land by one or more
persons, partnerships, corporations, or other legal entities, which
is separate and distinct from the ownership of any abutting or adjoining
lot, tract, or parcel. "Separate and distinct" means that the lot,
tract, or parcel owned does not abut or adjoin any other lot, tract,
or parcel of land under the ownership or control of the same one or
more persons, partnerships, corporations, or other legal entities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Site Area, Base. The remainder of the gross site area after
subtracting all lands identified in § 902.B.1.b.
B.
Site Area, Gross. All land area within the site as defined
in the deed. Area shall be determined from an actual site survey rather
than from a deed description.
C.
Site Area, Net Buildable. That part of the base site area
remaining for development after the amount of open space necessary
for resource protection and recreation has been calculated.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Areas where the average slope exceeds 15% and which, because
of this slope, are subject to high rates of stormwater run-off and
therefore erosion.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
That part of a building located between the surface of any floor
and the floor or roof next above. The first story of a building is
the lowest story having 2/3 or more of its area above grade level
or having the floor at the level of the exterior grade on one or more
sides. A half story is a story under a gable, hip, or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than two feet above the floor. Also see "Basement," herein.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A public or private way used or intended to be used for passage
or travel by vehicles and pedestrians and which furnishes access to
abutting properties and space for public utilities. Streets are further
defined and classified as follows:
The specific classification for each street is shown on the
"Highway Classification Map," which accompanies and is hereby made
a part of this Ordinance.
A.
Thoroughfares.
1.
Expressway, designed for large volumes of and highspeed
traffic and with access limited to grade-separated intersections;
2.
Principal Arterial Road, a continuous route having
trip length and travel density characteristics indicative of substantial
statewide or interstate travel.
3.
Minor Arterial Road, a route providing interstate
and service.
4.
Scenic Road, a route with limited access that maintains
a narrow cartway for scenic travel and not intended to provide a level
of service for intercounty or interstate transportation.
5.
Major Collector Road, a route which should link
places of traffic generation with nearby larger towns or with more
important intracounty corridors.
6.
Minor Collector Road, a route which is provided
at intervals, consistent with population density, to collect traffic
from local streets.
B.
Local Streets.
1.
Feeder Street, designed to function as an intersector
and intratownship facility, serving as a feeder to the arterial system
and also serving intertownship route to travel.
2.
Commercial Street, designed to serve the properties
in older, established commercial areas.
3.
Local Street, designed to serve the properties fronting
thereon, generally to discourage through traffic.
4.
Alley, a minor way which is used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
5.
Driveway, generally a private way for vehicular
and pedestrian access between a public street and a parking area within
a lot or property.
6.
Cul-de-Sac, a local street intersecting another
street at one end and terminating in a vehicular turn-around at the
other end.
7.
Half (Partial) Street, a street generally parallel
and adjacent to a property line, having a lesser right-of-way width
than normally required for movement and use of the street.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way; provided that where
an ultimate right-of-way width for a road or street has been established,
that width shall determine the location of the street line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-05, § II;
adopted 12/3/2008.]
Any manmade object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
As it pertains to wireless communications facilities:
A.
Any increase in the height of a wireless support structure 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, except that the mounting of the proposed wireless communications
facility may exceed the size limits set forth herein if necessary
to avoid interference with existing antennas; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Swimming Pool, Permanent. A pool which by the nature of
its construction attaches to and becomes part of the realty upon which
it is constructed, regardless of whether it is below ground, partially
above the ground surface, or completely above the ground surface.
All artificial bodies of water will fall within this classification
if their construction normally requires excavation.
B.
Swimming Pool, Semi-permanent. A pool which by the nature
of its construction is erected above ground level and is reasonably
capable of being dismantled on a seasonal basis. A pool capable of
being filled to a depth of more than 36 inches at the deepest or lowest
point, is not within the classification of permanent swimming pool.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
An area that is radial to the trunk of a tree in which no construction
activity shall occur. The tree protection zone shall be 15 feet from
the trunk of the tree to be retained, or the distance from the trunk
to the drip line, whichever is greater. Where there is a group of
trees or woodlands, the tree protection zone shall be the aggregate
of the protection zones for the individual trees.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A.
Primary Tower-Based WCF. Any structure exceeding
35 feet in height that is used for the purpose of supporting one or
more antennas, including, but not limited to, self-supporting lattice
towers, guy towers and monopoles designed for the attachment of antennas
of one or more wireless communications providers.
B.
Secondary Tower-Based WCF. Any structure 35 feet
or less in height that is used for the purpose of supporting one or
more antennas, including, but not limited to, poles used to support
DAS facilities, utility poles and light poles.
C.
DAS hub facilities are considered to be tower-based WCFs. Buildings which have been constructed for the shelter or enclosure
of persons, animals or property other than wireless communications
facilities are not tower-based wireless communications facilities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Use. 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.
B.
Use, Accessory. A use located on the same lot with a principal
use, and clearly incidental or subordinate to, and in connection with,
the principal use.
C.
Use, Principal. The main use on a lot.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (buildings, wires,
pipes, poles, and the like).
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A coin-operated machine, mechanical machine, or electronic machine,
which operates or may be operated as a game or contest of skill or
amusement of any kind or description.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Any business establishment which contains four or more Video
Gaming/Pinball Devices as defined in this Ordinance.
[Added effective 7/23/2007 by JMZO Ord. 2006-06, § 1,
adopted 7/18/2007.]
Ground planted with grapevines cultivated for the purpose of
producing wine. A vineyard is an agricultural use where grapes and/or
other wine-producing crops are grown. A vineyard used exclusively
for the production of grapes and/or other wine-producing crops shall
be considered an A-1 Agriculture and Horticulture Use.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article
II; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord.
2007, adopted 6/18/2007.]
Any stream of water, river, brook, creek or swale in which water
flows in a definite direction or course, either continuously or intermittently,
and has a defined bed and banks.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
All watercourses, streams or bodies of water and their floodways
wholly or partly within or forming part of the boundary of the Commonwealth
of Pennsylvania.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-04, § I;
adopted 12/3/2008.]
A.
Wetlands. Areas of hydric soils that are inundated or saturated
by surface or ground water 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.
B.
Wetland Transition Area. An area extending from the outer
limit of the wetland. Transition areas are an integral part of the
wetlands ecosystem that provide habitat for plants and animals and
serve as buffers to minimize the adverse impacts of human activities
on wetlands.
[Added effective 7/23/2007, by JMZO Ord. 2006-06, § 1;
adopted 7/18/2007.]
A place where wine is produced and bottled. A winery processes
grapes and other fruit products or vegetables, to produce wine or
similar spirits. Processing includes crushing, fermenting, blending,
aging, storage, bottling, administrative office functions for the
winery, warehousing and wholesale sales. A use which is solely a winery
or a winery in conjunction with a vineyard is an A-1 Agricultural
Use.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
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 effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
ROW or other Township-owned land or property.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A freestanding structure, such as a tower-based wireless communications
facility, buildings which have been constructed for the shelter or
enclosure of persons, animals or property other than wireless communications
facilities, or any other support structure that could support the
placement or installation of a wireless communications facility if
approved by the Township.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Areas, groves, or stands of mature or largely mature trees (i.e.,
greater than six inches caliper as measured at a point four feet above
grade) covering an area greater than 1/4 acres; or groves of mature
trees (greater than 12 inches caliper as measured at a point four
feet above grade) consisting of more than 10 individual trees per
acre.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A wooded lot is any area with more than 10 trees greater than
six inches in caliper measured at a point four feet above grade on
any half acre of a subdivided lot for single-family detached dwelling.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A.
Yard. An open space unobstructed from the ground up, on
the same lot with a structure, and extending along a lot line or street
line 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.
B.
Yard, Front. A yard between a structure and a street line
and extending the entire length of the street line. In the case of
a lot that fronts on more than one street, the yards extending along
all streets are front yards.
C.
Yard, Rear. A yard between a structure and a rear lot line
and extending the entire length of the rear lot line.
D.
Yard, Side. A 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.
