A.
Unless otherwise expressly stated, the following terms shall for the purpose of this chapter have the meanings given herein.
B.
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1)
Words in the present tense include the future.
(2)
Words used in the singular include the plural, and words in the plural include the singular.
(3)
The word "person," "subdivider," "owner," or "applicant" includes a corporation, association and a partnership as well as an individual.
(4)
The word "lot" includes "plot" and "parcel."
(5)
The word "Commission" and the words "Planning Commission" always mean the Newtown Borough Planning Commission.
(6)
The word "municipality" and the word "Borough" always mean the Borough of Newtown.
(7)
The words "zoning ordinance" always refer to Chapter 550, Zoning of the Borough of Newtown, Ordinance 653, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
The word "street" includes "road," "lane," "avenue," and "highway" and shall mean the whole or any part thereof, and shall include bridge or culvert, cartway, gutter, curb, sidewalk, and the whole legal width of the right-of-way.
(9)
The words "shall" and "will" are mandatory; the word "may" is permissive.
C. AGENT ALLEY APPLICANT APPLICATION FOR DEVELOPMENT BERM BLOCK BUILDING BUILDING LINE, FRONT BUILDING LINE, REAR BUILDING LINE, SIDE CARTWAY CLEAR SIGHT TRIANGLE CONTOUR CROSSWALK or INTERIOR WALK CUL-DE-SAC DESIGN STORM DEVELOPER DEVELOPMENT DEVELOPMENT PLAN DISCHARGE DRAINAGE FACILITY DRIVEWAY DWELLING EASEMENT EROSION GRADE HALF OR PARTIAL STREET HEADWALL IMPERVIOUS SURFACE IMPROVEMENTS INLET INVERT LAND DEVELOPMENT(1) (a) (b) (2) (3) LOT LOT AREA MANHOLE MANUFACTURED HOME Mobile Home MOBILE HOME PARK NEW CONSTRUCTION OWNER PARKING SPACE PERMEABILITY PLAN, FINAL PLAN, PRELIMINARY PLAN, RECORD PLAN, SKETCH RAINFALL INTENSITY RETENTION BASIN REVERSE FRONTAGE LOT REVIEW RIGHT-OF-WAY RIGHT-OF-WAY, FUTURE RIPRAP RUNOFF RUNOFF COEFFICIENT SEDIMENTATION SEWAGE FACILITY SIGHT DISTANCE SLOPE STORM FREQUENCY STREET STREET LINE STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2) SWALE TREE PROTECTION AREA WAIVER WATER FACILITY WATER TABLE WETLANDS WOODLANDS YARD(1) (2) (3)
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any persons other than the subdivider or land developer who, acting for the subdivider or land developer, submits to the Borough subdivision or land development plans for the purpose of obtaining approval thereof.
A right-of-way providing secondary vehicular access to the side or rear of two or more properties.
A landowner or developer, as hereinafter defined, who has filed an application for subdivision or land development, including his heirs, successors or assignees.
Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plan or for the approval of a land development plan.
Earth piled above the surrounding grades, typically used to either direct rainfall or to provide a visual screening.
[Added 2-9-1999 by Ord. No. 579]
An area bounded by streets, or by a combination of streets and public parks, open space, railroad right-of-way, or boundary lines of the Borough.
A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
The line parallel or concentric to the street right-of-way line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
A line parallel to the rear lot line at a distance from the rear lot line equal to the depth of the minimum rear yard required.
A line parallel to the side lot line at a distance therefrom equal to the depth of the minimum side yard required.
That portion of a street or alley intended for vehicular use.
A triangular shaped area of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
An imaginary line shown on a map, plan, etc., which connects points of common grade/elevation.
[Added 2-9-1999 by Ord. No. 579]
A right-of-way or easement for pedestrian travel across or within a block.
A street with one end open for public vehicular and pedestrian access, and the other end terminating in a vehicular turnaround.
The magnitude and temporal distribution of precipitation from a storm event measured in probability of occurrence (e.g., a five-year storm) and duration (e.g., 24 hours), used in the design and evaluation of stormwater management systems.
[Added 2-9-1999 by Ord. No. 579; amended 4-10-2012 by Ord. No. 725]
A person who, or entity which, seeks to undertake a land development or subdivision.
[Amended 4-10-2012 by Ord. No. 725]
Any human-induced change to improved or unimproved real estate, whether public or private, including but not limited to land development, construction, installation or expansion of a building, other structure or impervious surface, land division, street construction, drilling, and site alteration such as embankments, dredging, grubbing, grading, paving, utilities, parking or storage facilities, excavation, filling, stockpiling, or clearing. As used in this chapter, development encompasses both new development and redevelopment.
[Amended 4-10-2012 by Ord. No. 725]
The provisions for development, including a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
[Added 2-9-1999 by Ord. No. 579; amended 4-10-2012 by Ord. No. 725]
Any ditch, gutter, pipe, culvert, storm sewer, basin or structure designed, intended or constructed for the purpose of diverting or controlling surface water from, or carrying surface waters off, streets, public rights-of-way, parks, recreation areas, or any part of any subdivision, land development or contiguous land areas.
A minor vehicular access between a street and a parking area or garage within a lot or property.
A building designed for and occupied exclusively for residential purposes, excluding hotel, motel, boardinghouse, tourist home, institutional or nursing home, guest houses, bed-and-breakfast, or residential club.
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, the Borough or other governmental authority, or another person or entity.
The process by which the surface of the land, including water/stream channels, is worn away by water, wind, or chemical action.
[Amended 4-10-2012 by Ord. No. 725]
A street parallel and adjacent to a property line having a lesser right-of-way width than required for satisfactory improvement and use of the street.
A structure, typically concrete, located at the beginning and/or end of a pipe run. It serves several purposes, including securing the end of the pipe, retaining the earth behind and on top of the pipe, directing or diverting the flow of water, protection of the area immediately adjacent to the structure from erosion, etc.
[Added 2-9-1999 by Ord. No. 579]
A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavement, roof areas, driveway areas, any surface areas designed to be gravel or crushed stone and all decks.
[Amended 4-10-2012 by Ord. No. 725]
Those physical additions, installations, and required changes such as streets, curbs, sidewalks, water mains, sewers, drainage facilities, public utilities, driveways, parking areas, and other appropriate items required to render land suitable for the use proposed.
[Added 2-9-1999 by Ord. No. 579; amended 4-10-2012 by Ord. No. 725]
The lowest internal elevation on a pipe, manhole, inlet etc.
[Added 2-9-1999 by Ord. No. 579]
Any of the following activities:
[Amended 4-10-2012 by Ord. No. 725]
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenants, or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features;
A subdivision of land;
Development in accordance with Section 503(1.1) of the PA Municipalities Planning Code.[1]
A designated parcel, tract or area of land established by a plat or otherwise permitted by law and to be used, developed, or built upon as a unit.
The area contained within the property lines of a lot, as shown on a subdivision plan, excluding any area within an existing or future right-of-way and within permanent drainage easements, but including the area of all other easements.
A structure where pipes change direction and/or size. A storm manhole equipped with a slotted lid which can be used to collect surface runoff.
[Added 2-9-1999 by Ord. No. 579]
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
[Added 5-11-1999 by Ord. No. 587]
Transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of 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 unit may be used without a permanent foundation.
[Added 11-10-2020 by Ord. No. 774]
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Mobile home lots need to be separately owned or subdivided.
[Added 11-10-2020 by Ord. No. 774]
Structures for which the start of construction commenced on or after December 18, 1979, and includes any subsequent improvements thereto.
[Added 5-11-1999 by Ord. No. 587]
The owner of record of a parcel of land.
An open space or a garage on a lot used for parking motor vehicles and to which there is access from a street or alley.
The measure of the rate of water moving through a soil.
[Added 2-9-1999 by Ord. No. 579]
A complete and exact subdivision or land development plan, prepared as for official recording, to define property rights and proposed streets and other improvements.
A subdivision or land development plan showing all those items required by this chapter and prepared as a basis for consideration prior to the preparation of a final plan.
An exact copy of the approved final plan on opaque linen of standard size prepared for necessary signatures and recording with the Bucks County Recorder of Deeds.
An informal presentation of a proposed land development or subdivision which may be discussed with the Planning Commission prior to a formal application for subdivision or land development.
A measurement of the amount of rainfall expressed in inches per hour. It is dependent on the duration of the rainfall and the storm frequency.
[Added 2-9-1999 by Ord. No. 579]
A structure in which stormwater is stored and not released during the storm event. Retention basins are designed for infiltration purposes, and do not have an outlet. The retention basin must infiltrate stored water in four days or less.
[Added 2-9-1999 by Ord. No. 579; amended 4-10-2012 by Ord. No. 725]
A lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter.
An examination of a plan to determine compliance with this chapter, Chapter 550, Zoning, and other pertinent requirements.
A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch, or for any other use, including that area deemed necessary by Borough ordinance to accommodate future street improvements. Every right-of-way hereafter established and shown on a final record plan is to be separate and distinct from lots or parcels adjoining such right-of-way and not included with the dimensions of areas of such lots or parcels.
The right-of-way width required for the expansion of existing streets to accommodate future traffic loads; or a right-of-way established to provide future access to or through undeveloped land.
Rough, broken stone, typically placed at a point of discharge of stormwater, used to prevent erosion.
[Added 2-9-1999 by Ord. No. 579]
That part of precipitation which flows over the land.
[Added 2-9-1999 by Ord. No. 579]
The percentage of precipitation that appears as direct runoff.
[Added 2-9-1999 by Ord. No. 579]
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is referred to as sediment.
Any sewer, sewage system, sewage treatment works or part thereof designed, intended or constructed for the collection, treatment or disposal of liquid waste, including industrial waste.
The length of roadway, measured along the center line, which is visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are expressed in a percentage of vertical distance per hundred feet of horizontal distance.
A historical record categorizing rainfall events based upon their intensity. Typically expressed in terms of how often that particular intensity can be expected to occur (i.e., probability of occurrence), such as ten-year storm (ten-percent chance to occur at least once a year), fifty-year storm (two-percent chance to occur at least once a year), etc.
[Added 2-9-1999 by Ord. No. 579]
A public or private way used or intended to be used for passage or travel by vehicles and pedestrians and to provide access to abutting properties.
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line or, where established by ordinance or other means, the future right-of-way line.
A man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land, but not including poles with basketball backboards and hoops, swing sets with two or fewer seats and one or fewer slides, poles with clotheslines (including umbrella types), poles with bird feeders, flagpoles, awnings with pole supports, and mailbox posts only.
[Added 2-9-1999 by Ord. No. 579]
The division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purposes, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
[Added 5-11-1999 by Ord. No. 587]
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either of the following:
[Added 5-11-1999 by Ord. No. 587]
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure (as that phrase is defined in Chapter 314, Historic Districts), provided that the alteration will not preclude the structure's continued designation as an historic structure.
A low-lying stretch of land which gathers or carries surface water runoff.
[Added 2-9-1999 by Ord. No. 579]
An area that is radial to the trunk of a tree. The tree protection area shall be 15 feet from the trunk of the tree to be protected, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees, the tree protection area shall be the aggregate of the protection areas for individual trees.
A modification of the requirements of this chapter, as defined and regulated by § 486-13 of this chapter.
Any waterworks, water supply works, distribution system or part thereof designed, intended or constructed to provide or distribute potable water.
The elevation, below grade, at which the soil is saturated with water.
[Added 2-9-1999 by Ord. No. 579]
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, fens, and similar areas. Wetlands also include those areas of lands defined as wetlands in either 1) the United States Army Corps of Engineers Wetlands Delineation Manual; or 2) the Pennsylvania Department of Environmental Resources Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations.
[Amended 4-10-2012 by Ord. No. 725]
Areas, groves or stands of trees covering an area of 1/4 acre or greater.
[Amended 6-11-2011 by Ord. No. 710]
A space open to the sky on the same lot with a building or structure which is unoccupied except for accessory uses or structures to the extent specifically permitted by this chapter, and extending along a lot line or a street line in ward to the principal use or structure. The size of the required yard shall be measured at the shortest distance between any part of the structure and a lot line or street line.
FRONT YARDThe open unoccupied space between the front building line and the street right-of-way line for the full width of the lot.
SIDE YARDThe open unoccupied space extending from the front yard to the rear yard between the side building line and the side lot line.
REAR YARDThe open unoccupied space between the rear building line and the rear lot line for the full width of the lot.
[1]
Editor's Note: See 53 P.S. § 10503(1.1).