[Ord. 8-14-1995, § 200]
a.
Unless the context clearly indicates a different meaning, for the
purposes of this chapter, the following words and terms shall be defined
as follows.
b.
For the purpose of this chapter, 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 an individual, firm, partnership, corporation,
company, association or government entity; including a trustee, a
receiver, an assignee or a similar representative.
4.
The word "lot" includes the word "plot" or "parcel."
5.
The term "shall" is mandatory.
6.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be occupied."
7.
The word "Supervisors" and the words "Board of Supervisors" always
mean the New Britain Township Board of Supervisors.
8.
The word "Commission" and the words "Planning Commission" always
mean the New Britain Township Planning Commission.
9.
The word "Board" or the words "Zoning Hearing Board" always mean
the New Britain Township Zoning Hearing Board.
10.
The words "Zoning Officer" or the words "New Britain Zoning Officer"
always mean the Township Zoning Officer. The Zoning Officer is also
the Code Enforcement Officer.
c.
Any word or item not defined herein shall be used with a meaning
of standard usage.
[Ord. 8/14/1995, § 201; as amended by Ord. 98-06-02,
6/22/1998; by Ord. 00-12-02, 12/20/2000, §§ 2, 3, 30;
by Ord. 03-04-02, 4/28/2003, § X; by Ord. 2007-04-01, 4/26/2007;
and by Ord. 2010-11-01, 11/22/2010, Art. I]
|
ACCESSORY BUILDING — See "building, principal."
| |
|
ACCESSORY USE — See "use, accessory."
|
A measure of land area containing 43,560 square feet.
See "adjoining lot or land."
A lot or parcel of land that shares all or part of a common
lot line or parcel of land.
Those soils that have been designated by the Natural Resources
Conservation Service of the U.S. Department of Agriculture as Capability
Class I land, Capability Class II land, and Capability Class III land.
These soils are best suited for producing food, feed, forage, fiber,
and oilseed crops and also available for these uses based upon their
soil quality, growing season, and moisture supply needed to produce
high-yield crops. For purposes of this chapter, the most-current Official
Soil Survey of Bucks County, Pennsylvania, provided by the United
States Department of Agriculture, Natural Resources Conservation Service,
Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/), as amended,
shall be utilized in determining soil classifications for either use
or preservation.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
A 1990 federal law designed to bring disabled Americans into
the economic mainstream by providing them equal access to jobs, transportation,
public facilities and services.
Equal to 1,000 pounds of live weight of livestock or poultry
animals, regardless of the actual number of animals.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A person submitting an application for development.
The application form and all accompanying documents and exhibits
required of an applicant by an approving authority for development
review purposes.
[Amended by Ord. 2017-01-03, 1/23/2017; and by Ord. No. 2020-11-04, 11/16/2020]
BUILDABLE AREAThe area of a lot or site that is free of any development, disturbance, and/or building restrictions, including, but not limited to, required setbacks or yards, buffers, open space, protected natural resources, easements, and rights-of-way. On a lot, the buildable area is synonymous with the building envelope.
LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area within an existing or designated future street right-of-way; any area required as open space under this chapter; and the area of any existing easement.
FLOOR AREAThe sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, and including basements, attics and pent-houses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, and attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls or from the center line of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, NETThe total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.[1]
That part of a building that is immediately below and where
wholly or partly within the roof framing. See Figure 1.
[Amended by Ord. 2017-01-03, 1/23/2017]
Figure 1
|
A roof-like cover that is temporary or portable in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and is periodically retracted
into the face of the building.
The discharge that just fills the water channel to the top
of its banks and at a point where the water begins to overflow onto
a floodplain. Bankfull discharge is a relatively frequent event with
a return rate of 1.0 year.
A basement is a space having 1/2 or more of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of not less than seven feet. A basement shall
be counted as a story for the purposes of height measurement or the
determination of square footage or floor area. See Figure 1.
[Amended by Ord. 2017-01-03, 1/23/2017]
A private room planned and intended for sleeping, separated
from other rooms by a door and accessible to a bathroom without crossing
another bed-room.
A mound of earth or the act of pushing earth into a mound.
A unit of land bounded by streets or by a combination of
streets and public land, railroad right-of-ways, waterways or any
other barrier to the continuity of development. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
 Figure 2
|
A person, except a family member, occupying any rooms or
group of rooms forming a single and 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 an owner or operator.
Any person occupying such room or rooms and paying such compensation
without prearrangement for less than a week at a time shall be classified
for purposes of this chapter not as a roomer, boarder or lodger but
as a guest of a commercial lodging establishment (motel, hotel, inn,
guest house, tourist home).
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield or block noise,
lights or other nuisances.
See "transition zone."
[Amended by Ord. No. 2018-10-04, 10/1/2018]
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING, ACCESSORYA subordinate building on the same lot as the principal or main building or use. See also "structure, accessory."
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
The amount of land covered by the horizontal area of any
principal or accessory building as measured from the exterior surface
of the exterior walls of the ground floor of this building.
[Amended by Ord. 2017-06-07, 6/5/2017]
This ratio is a measurement of the intensity of the use of
a piece of land. It is determined by dividing the total area of building
coverage on a lot or site by the ratio base site area.
[Added by Ord. 2017-06-07, 6/5/2017; amended by Ord. No. 2020-11-04, 11/16/2020]
The building envelope is that area of a lot where structure
are permitted. The building envelope shall not include the area of
any required setbacks (except for driveways which would cross yards),
buffer yards, open space, easements, natural resources with 100% protection
standard and the portion of those natural features that may not be
developed or intruded upon as specified and identified in this chapter.
See Figure 5.
[Amended by Ord. 2017-01-03, 1/23/2017]
The vertical distance from the average level of finished
grade beneath the entire exterior of a building to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard
roof and the average distance between the eaves and the ridge level
for gable, hip, and gambrel roofs. Such height of buildings shall
not include chimneys, spires, and similar projections and housings
for equipment, provided that said projections shall be a usual and
normal appurtenant to a building, not in excess of 12 feet in height,
and not occupy more than 10% of the roof area. See Figure 3.
[Amended by Ord. 2015-09-06, 9/21/2015; and by Ord. 2017-01-03, 1/23/2017]
Figure 3
|
The rear line of the minimum front yard, as herein designated
for each use and each district, measured at a distance equal to and
no greater than the minimum front yard from the street line as defined
in "street line." For exceptions, see "lane lot."
The minimum distance between buildings. The minimum building
spacing shall be measured from the outermost wall or projection, excluding
bay windows, chimneys, flues, columns, ornamental features, cornices
and gutters. These exceptions may encroach no more than two feet into
the minimum building spacing area.
The diameter of a tree trunk. See Figure 4.
[Amended by Ord. 2017-01-03, 1/23/2017]
Figure 4
|
A cellar is a space with less than 1/2 of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than 6.5 feet. A cellar is
not counted as a story for the purposes of height measurement or the
determination of square footage or floor area unless the cellar is
used for dwelling, office, or business purposes. See Figure 1.
[Amended by Ord. 2017-01-03, 1/23/2017]
A document issued by a governmental authority allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and will be used in compliance with all the
applicable municipal codes and ordinances.
Any use that substantially differs from the previous use
of a building or land.
A structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
Maps, charts and text duly adopted by the Township of New
Britain Board of Supervisors as the official comprehensive plan of
the Township.
Any use that is permitted subject to additional conditions,
as specified in this chapter, beyond those contained in the general
provisions of this chapter and the specific provisions of the particular
district in which the lot is located and subject to the approval of
the Board of Supervisors.
An ownership arrangement, portions of which are designated
for separate ownership and the remainder of which is designated for
restricted ownership solely by the owners of those portions. Real
estate is not a condominium unless the undivided interests on the
restricted elements are vested in the unit owners. A condominium is
a unit with all of the following characteristics:
The unit may be any permitted land use as regulated by this
chapter. A condominium is an ownership arrangement, not a land use.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in this chapter and the New Britain Township Subdivision and Land Development Ordinance [Chapter 22].
The community association that administers and maintains
the common property and common elements of a condominium.
Next to, or touching and having a boundary, or portion thereof,
that is coterminous.
A space between the ceiling of one story and floor of the
next story, which usually contains pipes, ducts, wiring and lighting
fixtures, and permits access but is too low for an individual to stand.
See Figure 1.
[Amended by Ord. 2017-01-03, 1/23/2017]
The diameter of a tree 4 1/2 feet above ground on the
uphill side of the tree ("breast height"). If a tree forks below breast
height, each trunk is treated as a separate tree.
[Added by Ord. 2014-09-04, 9/15/2014]
Plants that drop their foliage annually before becoming dormant.
The transfer of property by the owner to another party.
Official authorization to remove part, or all, of a building
or structure.
The number of families, individuals, dwelling units, households
or housing structures per unit of land.
A facility for the temporary storage of stormwater runoff.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other persons having enforceable
proprietary interests in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure.
DEVELOPMENT, MAJORAny development not a minor development.
DEVELOPMENT, MINORAny development involving three or fewer lots and/or a land area of less than five acres and not requiring the extension of any new streets or other municipal or governmental facilities.
DEVELOPMENT REGULATIONAny zoning, subdivision, site plan, official map, floodplain regulation, or other governmental regulation that affects the use and intensity of land development.
Two manufactured housing components, attached side by side,
to make one complete housing unit.
Surface water runoff.
The removal of surface water or groundwater from land by drains,
grading, or other means, which include runoff controls to minimize
erosion and sedimentation during and after construction or development.
DRAINAGE AREAThat area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream.
DRAINAGE SYSTEMPipes, swales, natural features and man-made improvements designed to carry drainage.
DRAINAGEWAYAny natural or artificial watercourse, trench, ditch, swale or similar depression into which surface water flows.
An imaginary ground line around a tree that defines the limits
of the tree canopy.
A structure or portion thereof that is used exclusively for
human habitation.
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities used or intended
to be used for living, sleeping, cooking and eating, by one family.
A 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.
EASEMENT, CONSERVATIONThe grant of a property right stipulating that the described land will remain in its natural state and precluding future or additional development.
EASEMENT, DRAINAGELand required for the installation of stormwater sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
A vertical distance above or below a fixed reference level;
a fully dimensioned drawing of the front, rear, or side of a building
showing features such as windows, doors, and relationship of grade
to floor level.
ELEVATION, FINISHEDThe proposed elevation of the land surface of a site after completion of all site preparation work.
A person who is employed or is engaged in gainful activity.
For the purposes of this chapter, the term shall refer to the maximum
number of employees on duty at any time, at a place of business whether
the employees are full or part time. If shifts are involved in which
two shifts overlap, it refers to the largest total of employees serving
two consecutive shifts.
Any obstruction or illegal or unauthorized intrusion in a
delineated floodway, right-of-way, or on adjacent land.
All external conditions and influences affecting the life,
development, and, ultimately, the survival of an organism.
ENVIRONMENTAL IMPACT STATEMENT (EIS)A statement of the effect of proposed development, and other major private or governmental actions, on the environment prepared by a registered professional, a registered land planner or a landscape architect in accordance with the guidelines as written in Appendix A.
The detachment and movement of soil or rock fragments or
the wearing away of the land surface by water, wind, ice or gravity.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances, or organic substances, other than vegetation,
from water or land, on or beneath the surface thereof or beneath the
land surface, whether exposed or submerged.
Permission to depart from the design standards in the ordinance.
The vertical location above some elevation point of the ground
surface prior to excavating or filling.
An increase in the amount of existing floor area beyond the
exterior wall.
Any wall that defines the exterior boundaries of a building
or structure.
An individual or two or more individuals related by blood,
marriage, legal adoption, legal foster status, or legal guardianship;
or a group of not more than three unrelated individuals. All members
of a family must live and reside together in a single dwelling unit
as a stable and permanent single housekeeping unit under a common
housekeeping management plan based on an intentionally structured
relationship providing organization and stability. The key words in
this definition are “single housekeeping unit,” which
is defined as common use and access to all living and eating areas,
bathrooms, and food preparation and serving areas. In addition to
the single housekeeping unit, a family also represents an intentionally
structured relationship and implies a permanent and long-term relationship
as opposed to one that is short-term or transient. Household servants/domestics
employed exclusively on the premises shall be considered part of the
family of their employer. A roomer, boarder, or lodger shall not be
considered a member of the family, and no roomer, boarder, or lodger
shall be permitted where the family exists as a group of unrelated
persons. Likewise, a “family” shall not be deemed to include
the occupants of a boardinghouse, rooming or lodging house, club,
fraternity/sorority, bed-and-breakfast, or hotel.
[Amended by Ord. 2017-06-07, 6/5/2017]
The last official action of the approving agency taken on
a development plan that has been given preliminary approval, after
all conditions and requirements of preliminary approval have been
met and the required improvements have either been installed or guarantees
properly posted for their installation or approval conditioned upon
posting of such guarantees.
An unobstructed paved or improved surface area clearly defined
by pavement markings and signs, at least 12 feet wide and designed
to provide access for fire-fighting equipment.
An area clearly delineated and marked to facilitate access
to hydrants and buildings and as designated by the chief of the fire
district in which the building, structure, or use is situated.[2]
The gross floor area of all buildings or structures on a
lot divided by the total lot area.[3]
That side of a lot abutting on a street; the front lot line.
A deck, building, or parking structure, or part thereof,
used or intended to be used for the parking and storage of vehicles.
|
(1)
|
The average elevation of the land around a building.
| ||
|
(2)
|
The percent of rise or descent of a sloping surface.
| ||
|
a.
|
GRADE, FINISHED — The final elevation of the ground level
after development.
| ||
|
b.
|
GRADE, NATURAL — The elevation of the ground level in
its natural state, before construction, filling, or excavation.
| ||
|
c.
|
GRADING — Any stripping, cutting, filling, or stockpiling
of earth or land, including the land in its cut or filled condition,
to create new grades.
| ||
The first floor of a building other than a cellar or basement.
Space or a room in a structure for living, sleeping, eating,
or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility
spaces, and similar areas are not considered habitable spaces.
[Added by Ord. 2017-06-07, 6/5/2017]
An administrative proceeding conducted by a board pursuant
to § 909.1 of the Pennsylvania Municipalities Planning Code.
The vertical measurement taken from the average level of
grade beneath the entire exterior of a structure, which grade shall
be substantially unchanged from the natural grade existing at the
time of construction/erection of the structure, and the highest point
of the structure. For buildings, see the definition of "building height."
[Added by Ord. 2015-09-06, 9/21/2015]
An activity for gain customarily carried on in a dwelling,
or in a building or structure accessory to a dwelling. Said activity
shall be clearly incidental and secondary to the use of the dwelling
for residential purposes.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
facilities for the preparation and serving of food within the dwelling
unit.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions that favor
the growth and regeneration of wetlands vegetation as listed in the
most-current Official Soil Survey of Bucks County, Pennsylvania, provided
by the United States Department of Agriculture, Natural Resources
Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/),
as amended. Wetlands vegetation is those plant species that have adapted
to the saturated soils and periodic inundations occurring in wetlands.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
Impervious surfaces are those exterior surfaces which do
not absorb water. All buildings, parking areas, driveways, roads,
sidewalks and any area in concrete, asphalt, packed stone and similar
materials shall be considered impervious surfaces within this definition.
In addition, other areas determined by the Township Engineer to be
impervious within the meaning of this definition will also be classified
as impervious surfaces.
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 a lot or site by the ratio base site area.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
Any permanent structure that becomes part of, placed upon,
or is affixed to real estate.
A motor vehicle, recreational vehicle, trailer, truck, or
other chassis or body of such vehicle, that meets any two of the following
conditions: 1) does not have a currently valid license plate, 2) does
not have a current state registration, 3) does not have a valid state
inspection sticker, or 4) cannot be immediately operated on a public
street.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
Natural or artificial bodies of water 1/4 acre or larger
which retain water year-round. Artificial ponds may be created by
dams, or result from excavation.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
the tenants; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code.
The condominium of land or buildings.
Any activity involving the clearing, cutting, excavating,
filling, or grading of land or any other activity that alters land
topography or vegetative cover.
One who is licensed by the state as a land surveyor and is
qualified to make accurate field measurements and to mark, describe,
and define land boundaries.
A component of a development plan on which is shown; proposed
landscape species (such as number, spacing, size at time of planting,
and planting details); proposals for protection of existing vegetation
during and after construction; proposed treatment of hard and soft
surfaces; proposed decorative features; grade changes; buffers and
screening devices; and any other information that can reasonably be
required in order that an informed decision can be made by the approving
agency.
A description of traffic conditions along a given roadway
or at a particular intersection.
LOTA lot is a parcel of land, used or set aside and available for use of one principal building thereto or for any other permitted purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A lot for the purpose of this chapter may or may not coincide with a lot of record.
LOT AREASee "area."
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersects at an angle of less than 135°. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
FLAG LOTA large lot not meeting minimum frontage requirements. See "lane lot." See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
LOT DEPTHThe mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
LOT WIDTHThe horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. If the front lot line is curvilinear, the front lot line shall be considered a straight tangential line perpendicular to the line representing the minimum lot depth. 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. In no case shall the lot width between the side lot lines at any location (other than at the required building setback line as specified above) be less than 2/3 (66%) of the minimum required lot width. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
MINIMUM LOT AREAThe smallest lot area established by this chapter on which a use or structure may be located in a particular district.
REVERSE FRONTAGE LOTA through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
SUBSTANDARD LOTA parcel of land that has less than the minimum area or minimum dimensions required in the zone in which the lot is located.
A design technique permitting one or more lots in a subdivision
to be undersized, providing the same number of lots in the same subdivision
are oversized by an equal or greater area.
The length of the front lot line measured at the street right-of-way
line. On corner lots, each side abutting the street is considered
the frontage. See Figure 2.
[Amended by Ord. 2017-01-03, 1/23/2017]
LOT LINESAny boundary line of a lot.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way.
LOT LINE, REARAny 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, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. 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.
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.[4]
A method of describing the boundaries of land by directions
(bounds) and distances (metes) from a known point of reference.
A transportable, single-family dwelling unit intended for
permanent occupancy, contained in one unit or in two units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used with or without a permanent
foundation. For the purposes of this chapter, any inhabited mobile
home not located in a mobile home park shall be considered a detached
dwelling unit and as such shall be subject to all applicable regulations
in this or other Township ordinances.
MANUFACTURED HOMEA manufactured home constructed in accordance with the provisions of Federal Manufactured Housing Construction and Safety Standards of 1976. A manufactured home does not represent a mobile home since it is not designed to be towed or transported and is intended for installation on a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances (accessory attachments)
necessary for the erection thereon of a single mobile home.
A parcel of land under single ownership which has been planned for the placement of more than one mobile home in accordance with the provisions of § 27-305 of this chapter.
A manufactured dwelling unit erected on a foundation and
made of one or more sections built in a factory. The completed unit
shall meet the building code in effect. A modular home does not represent
a mobile home since it is not designed to be towed or transported
and is intended for installation on a permanent foundation.
A federal program that provides for flood insurance.
A business of commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Any undesired audible sound.
NONCONFORMING LOTA lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING SIGNAny sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTURE OR BUILDINGA structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONCONFORMING USEA use or activity that was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
The following are nonresidential zoning districts: C/R Conservation
and Recreation District, C-1 Commercial District, C-2 Commercial District,
C-3 Commercial District, OP Office Park District, IN Industrial District,
I Industrial District, and IO Industrial Office District.
[Added by Ord. No. 2020-11-04, 11/16/2020]
An interference with the enjoyment and use of property.
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare, or heat.
The residing of an individual or individuals overnight in
a dwelling unit or the storage or use of equipment, merchandise, or
machinery in any public, commercial, or industrial building.
A required permit allowing the use of a building or structure
after it has been determined that all the requirements of applicable
ordinances have been met.
Open space is land used for recreation, agriculture, resource protection or amenity; is freely accessible to all residents of the development, except in the case of agricultural lands or deed restricted private open space where access may be restricted; and is protected by the provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter 22] to ensure that it remains such uses. Open space does not include land occupied by non-recreational buildings, roads, or road rights-of-way; nor does it include the yards or lots of dwelling units or parking areas as required by the provisions of this chapter. Open space for recreational uses may contain impervious surfaces; and such surfaces shall be included in the calculation of the impervious surface ratio.
OPEN SPACE, COMMONLand within or related to a development, not individually owned or dedicated to public use, that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.
OPEN SPACE, PUBLICOpen Space owned by a public agency and maintained by it for the use and enjoyment of the general public.
Total area of open space divided by the base site area in
which the open space is located.
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity.
Any material that permits full or partial absorption of stormwater
into previously unimproved land. See "impervious surface."
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond on lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
Preliminary approval means the conferral of certain rights,
prior to final approval, after specific elements of a development
have been approved by the approving authority and agreed to by the
applicant.
PRINCIPAL BUILDINGSee "building, principal."
PRINCIPAL USESee "use, principal."
A lot, parcel, or tract of land together with the building
and structures located thereon.
See "restrictive covenant."
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. 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 more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
ACTIVE RECREATIONLeisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.
PASSIVE RECREATIONActivities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers, and similar table games.
An letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any body, board, officer or consultant for the purpose of assisting
the recipient of such report in the rendering of any decision or determination.
All reports shall be deemed recommendatory and advisory only and shall
not be binding upon the recipient, board, officer, body or agency,
nor shall any appeal lie therefrom. Any report used, received or considered
by the body, board, officer or agency rendering a determination or
decision shall be made available for inspection to the applicant and
all other parties to any proceeding upon request, and copies thereof
shall be provided at cost of reproduction.
The following are residential zoning districts: WS Watershed
District, SR-1 Single-Family Residential District, SR-2 Single-Family
Residential District, RR Residential District, VR Village Residential
District, and MHP Mobile Home Park District.
[Added by Ord. No. 2020-11-04, 11/16/2020]
A restriction on the use of land usually set forth in the
deed or in a plan of record.
A pond, pool, or basin used for the permanent storage of
water runoff.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, and other similar uses, generally, the right of one to pass over the property of another.
RIGHT-OF-WAY LINESThe lines that form the boundaries of a right-of-way.
ULTIMATE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future street improvements as regulated by this chapter and the Subdivision and Land Development Ordinance [Chapter 22].
An area adjoining surface water bodies, including lakes,
ponds and watercourse. These areas intercept surface runoff, subsurface
flow and deeper groundwater flows from upland sources which remove
and buffer the effects of associated nutrients, sediment, organic
matter, pesticides or other pollutants prior to entry into surface
waters or groundwater recharge areas.
The distance between the building and any lot line.
That line that is required minimum distance from any lot
line and that establishes the area within which the principal structure
must be erected or placed.
Any pipe or conduit used to collect and carry away sewage
or stormwater runoff from the generating source to treatment plants
or receiving streams.
PUBLIC SEWER SYSTEMA public sewer system is any municipal or privately owned sewer system in which sewage is collected from more than one lot and piped to an approved sewage disposal plant or central sewage disposal system. It may also be referred to as "off-lot" or "off-site" sewer system. This shall include capped sewers when installed to Township specifications.
PRIVATE SEWER SYSTEMAn "on-lot" sewage disposal system providing for disposal of effluent for only one building or a group of buildings on a single lot.
COMMUNITY SEWAGE SYSTEMA public system under private ownership for the treatment of effluent from two or more homes that is applied to the land either on the surface or below.
SANITARY SEWAGEAny liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.
SANITARY SEWERSPipes that carry domestic or commercial sewage and into which storm, surface, and ground waters are not intentionally admitted.
STORM SEWERA conduit that collects and transports runoff.
See § 27-2601 for specific definition of this and other related terms.
One or more areas, parcels, lots, tracts, properties, or
pieces of land intended to have one or more buildings constructed
upon it (them) and/or intended to be subdivided into one or more lots;
or otherwise subject of a land development application.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
All land within the site as defined in the deed. This area
shall be determined from an actual site survey rather than from a
deed description.
SITE AREA, BASEThe base site area is the area of the site remaining after subtracting land: within the ultimate road rights-of-way of existing roads; within existing utility rights-of-way or easements; preserved through easement or other means; which is not contiguous; which is cut off from the main parcel by a road, railroad, existing land use, and/or major stream; which was set aside, reserved, and/or restricted for open space, natural resource protection, and/or recreation purposes in a previously approved subdivision/land development; used and/or to be used for another type of use (i.e., land which is used, or to be used, for commercial or industrial uses in a residential development); and/or located in a different zoning district than the rest of the development.
[Amended by Ord. 2017-06-07, 6/5/2017]
SITE AREA, NET BUILDABLEThe net buildable site area is the portion of the base site area which may be altered, disturbed or regraded for development purposes. The net buildable site area could contain buildings, roads, parking areas, sewage systems and stormwater management facilities. The net buildable site area would not contain required open space, recreation areas and natural resource protection areas identified as restricted land with a 100% protection standard.
SITE AREA, RATIO BASEThe ratio base site area is the portion of the base site area which is used to calculate the building coverage ratio and impervious surface ratio for a lot or site. The ratio base site area is the area of the lot or site remaining after subtracting the following types of lands from the base site area: within the ultimate road rights-of-way of proposed roads; within proposed utility rights-of-way or easements; and/or covered by 100% protected natural resources as set forth in Part 24 of this chapter (i.e.: watercourses, riparian buffers, floodplains, floodplain soils, wetlands, and lakes/ponds). The ratio base site area for a single lot not undergoing or included in a subdivision or land development shall include any lands covered or proposed to be covered by a conservation easement, even if such lands are not part of the base site area for that lot.
[Added by Ord. No. 2020-11-04, 11/16/2020]
The number of lots or dwelling units satisfying the maximum
impervious surfaces on the site area calculated under the provisions
of this chapter, with each individual lot satisfying the minimum lot
area and building envelope requirements of this chapter.
[Amended by Ord. 2015-09-06, 9/21/2015]
The development plan for one or more lots on which is shown
the existing and proposed conditions of the lot, including topography,
vegetation, drainage, flood plains, wetlands, and waterways; landscaping
and open spaces; walkways; means of ingress and egress; circulation;
utility services; structures and buildings; signs and lighting; berms,
buffers, and screening devices; surrounding development; and any other
information that reasonably may be required in order that an informed
decision can be made by the approving authority.
The deviation of a surface from the horizontal, usually expressed
in percent or degrees.
Areas subject to periodic flooding or listed in the most-current
Official Soil Survey provided by the United States Department of Agriculture,
Natural Resources Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/),
as amended, as soils having a flood frequency other than none. Such
soils shall include, but may not be limited to, the following soil
types: Bowmansville-Knauers silt loam (Bo), Buckingham silt loam (BwB),
and Rowland silt loam (Ro). A landowner may submit detailed soil profiles
and a report to the Township for the purpose of determining an alluvial
soil classification, which the Township may or may not accept as the
correct boundary of soils on a floodplain.
[Added by Ord. 2015-02-03, 2/23/2015; amended by Ord. No. 2020-11-04, 11/16/2020]
Areas greater than 3,000 square feet measured at five-foot
contours that are subject to high rates of stormwater run-off and
therefore erosion and related environmental problems due to the slope
of the site.
Any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells, or any combination thereof.
The control and management of stormwater to minimize the
detrimental effects of surface water runoff.
A story is that portion of a building included between the
surface of any floor and the surface of the floor next above it, or
if there is no floor above it, then the space between the floor and
the ceiling next above it, and including those basements used for
the principal use. A "half story" is a space under a sloping roof
which has the line of intersection of the roof and wall face not more
than three feet above the floor level and in which space the possible
floor area with head room of five feet or less occupies at least 40%
of the total floor area of the story directly beneath. See Figure
1.
[Amended by Ord. 2017-01-03, 1/23/2017]
STORY, GROUNDThat story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the building.
STORY, HALFA space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.
Any vehicular way that is an existing state, county, or municipal
roadway, is shown upon a plat approved pursuant to law, is approved
by other official action, or is shown on a plat duly filed and recorded
in the Office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such board of the power to review
plats; includes the land between the street lines, whether improved
or unimproved.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way. Where the ultimate
right-of-way for a road or street has been established, however, that
ultimate right-of-way shall determine the location of the street line.
In the case where there is no dedicated right-of-way or lot, the street
line shall be measured from where the ultimate right-of-way would
be required if provided, unless otherwise approved by the Board of
Supervisors.
[Amended by Ord. 2015-09-06, 9/21/2015]
STRUCTUREA combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
STRUCTURE, ACCESSORYA structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
STRUCTURE, TEMPORARYA structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Any person having an interest in land that is the subject
of an application for 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 division
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.
A depression in the ground that channels runoff.
The recorded map of delineated lots or tracts in a municipality
showing boundaries, bearings, sizes, and dimensions, including the
block and lot numbers.[5]
A zoning district that permits uses compatible with uses
permitted in two adjacent zones that, without the transition zone,
could be considered incompatible to each other.
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 dripline, 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.
USEThe purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.
USE, ACCESSORYA use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
USE, PRINCIPALThe primary or predominant use of any lot or parcel.
USE, EXISTINGThe use of a lot or structure at the time of the enactment of a zoning ordinance.
USE, PREEXISTINGThe use of a lot or structure prior to the time of the enactment of a zoning ordinance.
USE, TEMPORARYA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.
Those services customarily rendered by public utility companies,
municipalities or municipal authorities, in the nature of electricity,
gas, telephone, cable television, water and sewerage, including the
appurtenances used in connection with the supplying of such services
(buildings, wires, pipes, poles, and the like).
The right-of-way acquired by a utility or governmental agency
to locate utilities, including all types of pipelines, telephone and
electric cables, and towers.
Permission or approval granted by the Zoning Hearing Board
in accordance with this chapter constituting a modification of, or
deviation from, the exact provisions of this chapter as applied to
a specific piece of property.
PUBLIC WATER SYSTEMAny water supply and distribution system that is owned and managed by the Township, the Bucks County Water and Sewer Authority, North Wales Water Authority, North Penn Water Authority or Aqua of Philadelphia.
PRIVATE INDIVIDUAL WATER SYSTEMA system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
COMMUNITY WATER SYSTEMA privately owned system for supplying and distributing water from a common source(s) to two or more dwellings and/or other buildings in a single neighborhood and/or land development.
Any natural or artificial stream, river, creek or canal in
which water flows in a definite direction or course, either continuously
or intermittently and has a definite channel, bed and banks and includes
any area adjacent thereto subject to inundation by reason of overflow
or flood water.
Areas that are inundated or saturated by surface water 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, including
swamps, marshes, bogs and similar areas. (The term includes, but is
not limited to, wetland areas listed in the State Water Plan, the
United States Forest Service Wetlands Inventory of Pennsylvania, the
Pennsylvania Coastal Zone Management Plan and a wetland area designated
by a river basin commission.) Wetlands shall be delineated by a professional
soil scientist/engineer and shall be determined by current standards
established by the U.S. Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection.
A transitional area extending from the outer limits of the
wetlands, as defined in this chapter. Wetlands margins serve to filter
pollutants, reduce stormwater velocities, provide for flood water
storage, provide wildlife habitat (which may include endangered and
threatened species), facilitate ground water recharge and allow for
slight variations of the wetlands boundary seasonally or over time.
For the purpose of this chapter, the wetlands margin shall extend
25 feet from the wetland boundary.
Areas or stands containing 10 or more large trees (trees
with a caliper greater than 10 inches' DBH) forming a continuous canopy;
or land containing mature trees (trees with an average caliper of
five inches' DBH or greater) that form a continuous canopy covering
an area of 1/4 acre or more, as measured from the dripline of the
outer trees.
[Added by Ord. 2014-09-04, 9/15/2014]
YARDAn open space unobstructed from the ground up except for permitted projections and plantings, on the same lot with a building, extending along a lot line or street line and inward to the building. The size of a required yard shall be measured as the shortest distance between the building and a lot line, street line or easement line. See Figure 5.
[Amended by Ord. 2017-01-03, 1/23/2017]
Figure 5
|
YARD, FRONTA yard between a building and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a building and rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a building 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.
The shortest distance between a lot line and a yard line.
The three dimensional space within which a structure is permitted
to be built on a lot and that is defined by maximum height regulations,
minimum yard setbacks, and sky exposure plane regulations when applicable.
See Figure 6.
[Amended by Ord. 2017-01-03, 1/23/2017]
Figure 6
|
The map or maps that are a part of this chapter and delineate
the boundaries of zone districts.
The administrative officer designated to administer this
chapter and issue zoning permits.
A document signed by a Zoning Officer, as required in this
chapter, as a condition precedent to the commencement of a use, or
the erection, construction, reconstruction, restoration, alteration,
conversion, or installation of a structure or building, that acknowledges
that such use, structure, or building complies with the provisions
of this chapter or authorized variance therefrom.
[1]
Editor's Note: The former definition of "buildable area,"
which immediately followed this definition, and the buildable area
diagrams titled "Figure 1" and "Figure 2," were repealed 9/21/2015
by Ord. 2105-09-06.
[2]
Editor’s Note: The definitions of “flood,” “Flood Insurance Rate Map,” floodplain,” “floodplain soils,” and “floodproofing,” all of which immediately followed this definition, were repealed 2/23/2015 by Ord. 2015-02-03. For current floodplain-related definitions, see Part 19 of this chapter.
[3]
Editor's Note: The definition of "forests," which immediately
followed this definition, was repealed 9/15/2014 by Ord. 2014-09-04.
[4]
Editor’s Note: Former Subsection e of this definition,
which defined "street line," was repealed by Ord. No. 2018-10-04,
10/1/2018.
[5]
Editor’s Note: The former definition of "tract," which
immediately followed this definition, was repealed by Ord. No. 2018-10-04,
10/1/2018.
