Borough of Newtown, PA Article IV Use Regulations

§ 550-13 Applicability of regulations.

A. No building, structure, or land shall be used or occupied except in accordance with these regulations. All uses permitted by right, by conditional use, or by special exception shall be subject to yard, lot area, lot width, height, depth, impervious surface, buffer, off-street parking, and other requirements of this and other articles of this chapter.

B. A use listed in Article VI as a use permitted by right is permitted by right subject to such requirements as may be specified in § 550-14 for that use, in addition to the requirements of Article VI. A use listed in Article VI as a special exception may be permitted as a special exception, provided the Zoning Hearing Board grants approval, subject to the requirements of § 550-14, Article VI, approval of subdivision or land development, and such further restrictions as said Board may establish. Any buffer requirements statement herein may be modified upon consideration by the Council of an application for conditional use approval; a variance application will not be required in requesting the modification of buffer requirements.

C. A use listed as a use permitted by conditional use may be permitted as a conditional use, provided the Council, having received comments from the Planning Commission, grants the conditional use, subject to the expressed standards set forth in this chapter, and after approval has been granted subject to the requirements of Chapter 486, Subdivision and Land Development, if applicable, and such further conditions that the Council may impose to insure the protection of adjacent uses, and the health, safety, or general welfare.

D. A use, accessory use, or accessory structure not listed as being permitted by right, special exception, or conditional use in a particular zoning district is not permitted in that zoning district.

E. Except as specifically permitted by this chapter, on any property, lot, tax parcel or tract of land only one principal use shall be permitted unless the property, lot, tax parcel or tract has been divided by leaseholds or condominium agreements, in which case no more than one single use may occupy a single leasehold or condominium unit. Each principal use must separately satisfy all dimensional, yard, parking and specific use criteria of this chapter. In the case of a residential use, a single use shall be defined as a dwelling unit. In the case of nonresidential uses, a single use shall be defined as a single business. Each proposed single use shall provide a taxpayer identification number with the zoning permit application. This subsection shall not prohibit permitted accessory uses from occupying the same lot as a principal use.

F. Land development and/or subdivision approval required. Land development and/or subdivision application and approval shall be required, and condominium, planned community, or any other form of unit ownership designation shall be required, in addition to zoning approval, in accordance with the requirements of the Pennsylvania Municipalities Planning Code and Chapter 486, Subdivision and Land Development.

G. All uses permitted in the Borough shall be subject, in addition to these ordinance regulations, to all other applicable Borough, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, wastewater disposal requirements, water supply regulations, soil erosion and sedimentation control requirements, floodplain regulations, state road regulations, and fire protection requirements. Remedies and enforcement of these other requirements shall be by means of the applicable regulations and statutes, and relief cannot be granted to these regulations by the Borough Zoning Hearing Board, which has no jurisdiction.

H. A use not specifically permitted in the zoning district by right, special exception or conditional use, or not provided for in this chapter, is prohibited.

§ 550-14 Use regulations.

A. Residential uses.

(1) Single-family detached dwelling. A building designed and occupied exclusively as a residence for one family with yards on all sides.

(2) Two-family dwelling (twin or duplex dwelling). A building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell.

[Amended 11-10-2020 by Ord. No. 773]

(3) Multifamily dwelling; apartment-style dwelling. A multifamily dwelling type containing three or more dwelling units, including apartments, flats or garden apartments, where individual dwelling units may share a common outside access or have individual outside access. Garden apartment or flat-type development refers to dwellings within a building that may be above, side-by-side, or back-to-back with other dwellings.

(a) No more than 12 dwelling units shall be contained in one single building.

(b) Dwelling units shall be arranged in groups or clusters rather than in parallel rows.

(c) Maximum length of a single structure: 120 feet.

(d) Unless modified pursuant to a traditional neighborhood development plan approved by Newtown Borough Council, a buffer shall be provided along all side and rear property lines with a width of 10 feet, and which shall be planted in accordance with § 550-20 of this chapter.

(e) Where specifically allowed by this chapter, existing buildings and/or structures deemed to have historic value by Newtown Borough Council may be converted into multifamily dwellings - apartment-style dwellings if permitted by conditional use. If permitted, the requirements of Subsection A(3)(a), (b), (c) and (d) are not required to the extent compliance with these provisions cannot be met.

(4) Townhouse/attached dwelling. A multifamily dwelling type including townhouses or attached dwellings with one dwelling unit from the ground to the roof and no more than two walls of each dwelling in common with other such dwellings, where each unit has its own outside access.

(a) An average of three dwelling units in a row shall be permitted, with no more than five dwelling units in a group.

(b) To create architectural interest in the layout and character of housing fronting the streets, variations in setbacks, materials and design shall be required. A maximum of 30 inches' variation in setback shall occur between every dwelling.

(5) Residential conversion. The alteration of an existing principal residential structure to create within it one additional self-contained dwelling unit as an accessory use to the principal residence; or the change in use of an accessory building by creating within it a new self-contained dwelling unit, in accordance with the following regulations:

(a) The minimum lot area for each of the dwelling units 1) shall not be less than 3,000 square feet in the BR-4 District; and 2) shall not less than the minimum lot area required for a single-family detached dwelling in all other districts.

(b) Conversions are permitted only within buildings which were in existence prior to January 1, 1983.

(c) Each dwelling unit shall have a safe and convenient means of ingress and egress. No conversion which requires the addition of an outside stairway or a fire escape on the front or side of the building shall be permitted.

(d) No new building additions may be constructed and no increase in floor area is permitted in order to accommodate a residential conversion.

(e) Two off-street parking spaces must be provided for each new dwelling unit created.

(f) No more than one additional dwelling unit may be created per lot.

(g) No residential conversions are permitted in the BR-1 Zoning District.

(6) Mobile home. A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of being again 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 the unit may be used without a permanent foundation.

(a) A mobile home located outside of a mobile home park shall meet the area and dimensional requirements for single-family detached dwellings for the district in which the mobile home is located.

(b) A mobile home shall meet the requirements of § 550-14A(7) of this chapter and § 486-54 of Chapter 486, Subdivision and Land Development.

(7) Mobile home park. 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 not be separately owned or subdivided.

(a) Area and dimensional requirements.

[1] Minimum lot area for a mobile home park: three acres.

[2] Maximum density: six units per acre of base site area.

[3] Required open space: 10% of base site area.

[4] Maximum impervious surface ratio: 60%.[1]

[1] Editor's Note: Original Subsection A(8)(b), (c), (d), (e), (f), (g), (h), and (i), which regarded additional requirements for mobile home parks, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 774.

(8) Apartment-style dwelling unit in a mixed-use building. A room or set of rooms for living purposes, complete with cooking and sanitary facilities, within a larger building containing one or more dwelling units and one or more permitted nonresidential uses.

[Added 1-8-2019 by Ord. No. 764]

B. Nonresidential uses.

(1) Adult commercial. Adult commercial stores consist of stores and shops with more than 15 square feet of floor area devoted to the display and selling of pornographic materials which are pictures, drawings, photographs or other depictions or matter and paraphernalia, which, if sold or displayed knowingly to a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the time of such sale or display. The following provisions shall apply:

(a) The building or structure of such use shall be located no less than 500 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional, or educational use.

(b) No such use shall be located within 2,000 feet of another adult commercial use.

(c) No materials sold within shall be visible from any window, door or exterior of the building.

(d) No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.

(2) Automobile sales. Establishments for the sale or lease of new or used cars, boats, motorcycles, trucks, trailers, farm machinery, travel campers, or motorized personal recreational vehicles.

[Amended 11-10-2020 by Ord. No. 773]

(a) All preparation, lubrication, repair and storage of parts shall be accessory to the principal use and shall be conducted within a building.

(b) Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 20 feet and shall be separated from the right-of-way by a landscaped strip, planted in accordance with § 550-20, and which shall be interrupted only for vehicular exits and entrances.

(c) There shall be a buffer 12 feet in width and planted in accordance with § 550-20 of this chapter along all side and rear property lines.

(3) Cemetery. A burial place or graveyard.

(a) Minimum lot area: two acres.

(b) Minimum yards (front, side and rear yards) for all accessory buildings, mausoleums, offices, maintenance buildings, or other structures other than fences and burial markers: 20 feet.

(c) Maximum height of any structure: 15 feet.

(4) Commercial or trade school. Trade or commercial school providing instruction in a trade, in the arts, or other activities; this does not include a public or private school as defined by this chapter or a day-care center.

(5) Commercial recreation and entertainment. An indoor or outdoor recreational facility operated as a commercial venture with games, courts, fields, including theaters, video gaming or pinball devices or arcades, billiard or pool halls, batting cages, miniature golf. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 12 feet, planted in accordance with § 550-20 of this chapter.

(6) Community center. A community center is an educational, social or recreational center operated by an educational, philanthropic, governmental, political or religious institution, which is not conducted as a commercial enterprise and which is not a use which is customarily carried on as a business and which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 12 feet, planted in accordance with § 550-20 of this chapter.

(7) Contracting. Offices and supply shops for contractors providing the following services: building, electric, heating, plumbing, air conditioning, masonry, painting, roofing, carpentry, landscaping, and printing.

(a) All outside storage must comply with the provisions of § 550-14C(6) hereof.[2]

[2] Editor's Note: Original Subsection 401.B(7)(b), which regarded hours of operation for outdoor activities, of the 1982 Code, which immediately followed, was repealed 11-10-2020 by Ord. No. 773.

(8) Convenience store. A retail store offering primarily groceries, prepared food items, and other small consumer items intended for quick carryout trade. A convenience store should be designed to be compatible with the scale, design and appearance of the Borough's existing retail/service businesses. No convenience store shall exceed 5,000 square feet of first floor area. The following conditions must be met:

(a) Minimum lot area: 25,000 square feet.

(b) No drive-up windows or drive-through facilities or windows are permitted.

(c) Trash receptacles for customers shall be provided outside. Trash storage collection for the premises shall be located inside the building.

(d) No sale of gasoline or motor fuels is permitted as a principal or accessory use.

(e) All buildings shall be a minimum of 100 feet from any residential use or residential district.

(f) Parking areas shall be arranged so that no more than 50% of the required or the provided parking shall be in front of the building, and the remaining 50% shall be located to the side and rear of the building.

(9) Day care service. Day care service for more than six children, providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services.

(a) The facility shall be designed to meet all applicable design, site and area standards of the Pennsylvania Department of Human Services, Day Care Division.

(b) Buffer yards of a minimum width of 10 feet planted in accordance with § 550-20 of this chapter shall be provided if the use is located adjacent to or contiguous to a residential use or residential district.

(10) Emergency services. Fire station, ambulance, or rescue squad station for emergency services serving Newtown Borough.

(11) Financial establishment. A bank, savings and loan association, or credit union for consumer use. If a drive-through facility is provided, a stacking area to accommodate at least eight vehicles shall be provided for each drive-through window. The stacking/waiting area must be separate from other circulation lanes. Requirements for drive-through facilities set forth in this chapter must be met.

(12) Forestry/timber harvesting. The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.

(a) Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:

[1] Removal of diseased or dead trees.

[2] Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

(b) Forestry plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough upon request.

(c) Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

(d) Contents of the forestry/logging plan.

[1] Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings;

[2] Design, construction and maintenance of stream and wetland crossings; and

[3] The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

[4] Copies of all required permits shall be submitted;

[5] Proof of current general liability and/or worker's compensation insurance;

[6] Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable;

[7] Copy of Bucks County Conservation District letter of adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required;

[8] Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

[9] Significant topographic features related to potential environmental problems;

[10] Location of all earth disturbance activities, such as roads, landings and water control measures and structures;

[11] Location of all crossings of streams or waters of the commonwealth.

(e) Compliance with all laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations, including, but not limited to, the following:

[1] Erosion and sedimentation control regulations contained in 25 Pa. Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

[2] Stream crossing and wetlands protection regulations contained in 25 Pa. Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and

[3] Stormwater management plans and regulations issued pursuant to the Storm Water Management Act (32 P.S. § 680.1 et seq.)

[4] Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs).

[5] Compliance with Borough ordinances. The forestry/logging plan shall comply with the requirements § 550-22D of this chapter, which limits removal of trees to 50% of the wooded area.

(f) Forest practices. The following requirements shall apply to all forestry/timber harvesting operations.

[1] Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

[2] No forestry refuse shall be left on or within 25 feet of any public thoroughfare.

[3] Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

[4] Any soil, stones and/or debris carried onto public roadways must be removed immediately.

[5] No forestry/logging use shall be permitted within areas with slopes of 15% or greater.

[6] When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours and be seeded and mulched as necessary to establish stable ground cover.

[7] A no-logging buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to site from the street.

[8] A no-logging riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high-water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a no-logging riparian buffer zone.

(13) Fuel oil storage and distribution. Facility for the storage, distribution, sale of oil; this use does not include motor vehicle gasoline station as defined by this chapter.

(a) Minimum lot area: three acres.

(b) Storage of materials shall be screened along all property lines by a buffer 12 feet wide in accordance with § 550-20 of this chapter.

(14) Funeral home. A mortuary and facility for funerals.

(a) The facility must be operated by a licensed funeral director.

(b) The facility must meet all state licensing requirements.

(15) Inn. A building or group of buildings containing rooms for rent for the accommodation of transient guests and which may include a restaurant, provided that the inn is located in a zoning district that permits restaurants. A tea room or coffee shop is permitted, provided there are no more than 12 seats. This use does not include other residential uses specifically provided for in this chapter nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.

(16) Kennel. The training, keeping or boarding of domesticated animals during daytime and/or nighttime for a fee shall constitute a kennel. In addition to the principal use as a boarding facility, the kennel may include as accessory uses training, grooming, limited breeding, or dog day care. The following requirements shall be met.

(a) Minimum lot area: two acres.

(b) Maximum number of dogs: three animals per acre of lot area.

(c) No animal shelter or run shall be located closer than 200 feet to any lot line.

(d) All animals shall be maintained in enclosed buildings and runs enclosed by fences designed and constructed so as to prohibit the animals from escaping from the fenced area.

(e) All areas used for training of animals shall be enclosed by a fence not less than six feet in height. The fence shall be no closer than 12 feet from any property line.

(f) All training shall be under adult supervision, and animals shall be kept under physical control by the trainer.

(g) The kennel shall be screened from adjoining residential uses by evergreen plantings, which serve to screen noise and create a visual and physical barrier.

(h) All dogs must be kept indoors between 10:00 p.m. and 7:00 a.m.

(i) No animals being trained, kept or boarded shall be housed in any residential dwelling unit.

(j) All kennels shall be licensed under the Dog Law Act of 1982, P.L. 784, Act 225, as amended.[3]

[3] Editor's Note: See 3 P.S. § 459-101 et seq.

(17) Library or museum. A cultural or educational facility open to the public or accessory to a permitted educational use.

(18) Light manufacturing. Facilities for the production, processing, cleaning, testing of materials, goods, and products. No light manufacturing facility shall create any noise, vibration, or emissions outside the building in which the use is permitted. All applications for zoning permits and land developments shall include information about the nature of the proposed manufacturing to demonstrate that the standards in §§ 550-21, 550-22, 550-23 and 550-25 of this chapter will be met.

[Amended 11-10-2020 by Ord. No. 773]

(19) Limited village retail/service use. Use limited to art galleries, antique stores, handicraft stores, flower shops, boutiques, tea rooms, and coffee shops, subject to the following:

(a) Maximum store size: 5,000 square feet.[4]

[4] Editor's Note: Original Subsection 401.B(19)(b), which provided that the use must be located in an existing building, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.

(b) Use shall maintain and complement the character of the existing surrounding buildings and streetscape.[5]

[Amended 11-10-2020 by Ord. No. 773]

[5] Editor's Note: Original Subsection 401.B(19)(d), which regarded food service in tea rooms or coffee shops, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.

(c) Provisions shall be made for odor control on any cooking facilities and for screening of any outdoor trash collection areas.

(20) Lumber yard and planing mill. Facilities for the processing and sale of wood and custom wood products. This use does not include a home improvement center; area devoted to retail sales of items other than lumber and wood products shall not exceed 5,000 square feet.

(21) Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 8-14-2018 by Ord. No. 760]

(a) A medical marijuana dispensary shall provide proof of permit issued by the Department of Health and shall at all times maintain a valid, accurate, and up-to-date permit with the Department of Health. Should permit be revoked or not renewed at any time, any special exception shall immediately become void.

(b) A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

(c) A medical marijuana dispensary shall not be operated or maintained on a parcel within 1, 000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center. Nor shall a medical marijuana dispensary be located closer than 1,000 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.

(d) A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.

(e) A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

(f) A medical marijuana facility shall be limited to hours of operation from 8:00 a.m. until 8:00 p.m., seven days a week, by appointment only.

(g) A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

(h) There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.

(i) No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[6]

[6] Editor's Note: See 35 P.S. § 10231.506.

(j) No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

(k) A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[7] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

[7] Editor's Note: See 35 P.S. § 10231.1102.

(l) A medical marijuana dispensary shall provide proof of a contract with a private security company and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

(m) A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(n) A medical marijuana dispensary shall provide one off-street parking spot for each 200 square feet of gross floor area.

(22) Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 8-14-2018 by Ord. No. 760]

(a) A medical marijuana grower/processor shall provide proof of permit issued by the Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or not renewed at any time, any special exception approval shall immediately become void.

(b) A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

(c) A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center. Nor shall a medical marijuana grower/processor be located closer than 1,000 feet from another medical marijuana grower/processor or medical marijuana dispensary.

(d) A medical marijuana grower/processor must operate entirely within an indoor, enclosed and secure facility.

(e) A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

(f) A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

(g) There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.

(h) No one under the age of 21 shall be permitted in a medical marijuana grower/processor.

(i) No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

(j) No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

(k) A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[8] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

[8] Editor's Note: See 35 P.S. § 10231.1102.

(l) A medical marijuana grower/processor shall contract with a private security company, and the grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

(m) A medical marijuana grower/processor shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

(n) A medical marijuana grower/processor shall provide one off-street parking space for every employee on the largest shift, plus one space for each company vehicle normally stored on the premises, plus two additional spaces for visitor parking.

(23) Motor vehicle fuel station. Motor vehicle fuel station is a facility whose function is the sale of gasoline and other fuels for motor vehicles. Minor automobile accessories and food and beverage items may also be sold, subject to the limitations of this chapter. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include a motor vehicle service center/repair shop where automobile parts and accessories are sold and installed within the facility but where there is no sale of fuels. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle gasoline station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.

(a) Minimum lot area: 40,000 square feet.

(b) Minimum lot width at front building setback line: 200 feet.

(c) All repair, storage of parts, and other activities except for fuel sales shall be performed within an enclosed building. All refuse shall be stored within an enclosed building or screened by a structure with landscaping in the manner provided in § 550-20C of this chapter.

(d) Sale or rental of automobiles is not permitted. No trailer rentals are permitted.

(e) Vehicles awaiting repairs shall not be stored outdoors for more than five days.

(f) No junk vehicles or vehicles without a valid registration shall be stored in the open at any time unless awaiting repairs.

(g) Minimum distance between any building and any residential use shall be 100 feet. Minimum distance between the gasoline pumps and the right-of-way line shall be at least 30 feet.

(24) Motor vehicle service center/repair shop. An establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraying and body and fender work. The following requirements shall be met:

(a) All repair, installation of parts, and paint work shall be performed within an enclosed building.

(b) All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties in accordance with the buffer requirements (§ 550-20C) of this chapter;

(c) No vehicle shall be stored in the open awaiting repairs for a period exceeding five consecutive days. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height. Any vehicles on the property more than five days shall be within the screened area.

(d) Dimensional requirements:

[1] Minimum lot area: 40,000 square feet.

[2] Minimum lot width along all streets: 200 feet.

[3] Minimum distance between all buildings and structures and any residential district or use: 100 feet.

(e) No sale of fuel to retail customers is permitted. There shall be no fuel pumps.

(f) Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

(25) Municipal building. A Borough administration building, police station, road maintenance facility, parking lot, or a municipal authority building.

(26) Nursing home. A care facility licensed and approved by the Commonwealth of Pennsylvania to provide nursing care, intermediate care, or full-time convalescent or chronic care to individuals who require such care. Nursing homes must be licensed by the Pennsylvania Department of Health and must meet all state requirements.

(27) Office, business or professional. Offices for business or professional use, including offices providing legal, engineering, design, insurance, brokerage, or other similar services, and which do not include retail activities and which are distinct from home offices. No accessory outside storage is permitted, and all activities must take place within an enclosed building.

(28) Office, medical. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.

(29) Parking structure. A parking structure shall meet the following requirements.

[Amended 2-12-2011 by Ord. No. 711; 7-12-2011 by Ord. No. 714]

(a) Location and access.

[1] Entrances and exits shall be located to minimize pedestrian/vehicle conflicts.

[2] Vehicle staging areas shall accommodate the required queuing within the parking structure or within the property line and shall not interfere with through traffic or pedestrian circulation on the sidewalk.

[3] Sidewalks shall take priority over entrance and exit driveways. Driveways shall ramp up from the curb to meet the sidewalk. The sidewalk shall not ramp down to meet a driveway.

[4] A well-defined primary pedestrian entrance shall be located along the periphery of the parking structure adjacent to and oriented toward the elevators, if provided, and at least one stair.

[5] ADA-accessible parking spaces shall be located close to stair and elevator cores, and shall have safe access to pedestrian movement patterns within the parking structure and to its exits and entrances.

[6] Pedestrian and vehicular conflicts within the parking structure at the points of intersection and interior common routes shall be minimized. Pedestrian walkways shall be clearly indicated.

[7] Bicycle entry into the parking structure shall be separated from the vehicle entrance to minimize conflicts with vehicles and entrance control equipment. Bicycle parking shall be located in a visible location near the entrance within the parking structure and should minimize conflicts between bicycle and vehicle movement. Informational graphics, signs and/or other deterrents shall be provided to caution against bicycle riding into and within the parking structure.

(b) Functional and design requirements.

[1] A parking structure shall incorporate similar scale, massing, setback and height consistent with existing buildings located adjacent to or within the same block.

[2] A parking structure shall have a distinct base, middle and top. Each level shall be delineated through the use of belt courses, cornice lines, wall openings, or other forms of architectural detailing.

[3] Blank surface planes and walls without openings shall not be permitted along parking structure frontages visible to the public. Where solid walls are required by building codes, they shall be articulated by providing minor recesses or projections in building surfaces (i.e., to emulate window rhythm of nearby existing buildings).

[4] Building materials shall be similar to those of surrounding structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility. These features shall be continued on all elevations visible to the public.

[5] The facade of a parking structure shall be divided into distinct sections consistent with the modulation of nearby existing buildings, but no longer than 75 feet per section. Vertical divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

[6] Horizontal and vertical architectural detailing and articulation shall be an integral part of the structure based on the intended design. Superficially applied construction elements or miscellaneous decorative trim on exterior surfaces shall not be permitted.

[7] The street/ground level perimeter of a parking structure shall be pedestrian-oriented and include elements that encourage public activity and interest, such as retail shops, public alcoves, streetscape amenities, public art and landscaping. Retail spaces may incorporate display windows, awnings, canopies and recessed entrance doors to enhance public use.

[8] Parking space sizes and configurations, drive aisle widths, parking deck and ramp properties and other interior features and functions shall be in accordance with National Parking Association (NPA) design guidelines and recommendations. Any Newtown Borough ordinance establishing dimensional requirements for surface lot spaces shall not apply to parking spaces within a parking structure.

[9] On parking levels, the exterior facade shall maintain a horizontal line throughout. If parking decks are sloped, the incline shall not transmit visually to the facade. If parking decks are horizontal, level-to-level ramping shall be internal and configured as a straight run or spiral and shall not be visible along the exterior of the parking structure.

[10] Passive daylighting and ventilation shall be provided to the extent possible. Light and fresh-air openings in the parking structure facade shall be proportioned to reflect similar features of nearby existing buildings.

[11] Interior lighting shall meet guidelines set forth by the Illuminating Engineering Society of North America (IESNA) and be designed so that drivers, bicyclists and pedestrians are not startled by significant and distracting contrasts in light levels between the inside and outside of the parking structure.

[12] A single bicycle parking space shall be provided for every 10 vehicle parking spaces.

[13] Exterior wall openings at each intermediate parking level shall adequately shield rights-of-way and neighboring properties from view of parked and moving vehicles within the parking structure. The sill and head height of wall openings shall minimize light being cast by interior light fixtures and vehicle lighting through the exterior wall openings of the parking structure.

[14] The upper parking level shall be surrounded by a solid parapet wall designed and constructed of materials to complement the floor levels below and the tops of nearby existing buildings. Metal railing assemblies with solid, perforated, cable, or mesh panels shall not be permitted.

[15] Exterior lighting shall meet guidelines set forth by the Illuminating Engineering Society of North America (IESNA). Glare and visibility of pole-mounted light fixtures on the upper parking level shall be minimized by specifying cutoff fixtures and pole heights. Fixtures shall be located between internal parking rows rather than at the exterior to minimize light trespass beyond the parking structure's perimeter.

[16] In addition to signs required by governing codes and standards, directional and informational signs shall be provided for drivers, bicyclists and pedestrians throughout the parking structure.

(c) Design guidelines.

[1] Pedestrians and bicycles may share a common entrance into the parking structure.

[2] Dedicated parking spaces for a membership- or rental-based shared vehicle program should be considered in planning the parking structure.

[3] Dedicated parking spaces for electric vehicle charging stations should be considered in planning the parking structure.

[4] Loading areas within the parking structure may be provided for vanpools/carpools for picking up or discharging passengers who have parked vehicles in the parking structure.

[5] Exterior wall openings may be furnished with metal grillwork or ventilation louvers having mullion/muntin patterning that simulates the existing window detailing of adjacent structures.

[6] Parapet wall capping and elevator and stair enclosure rooflines may be pitched or otherwise styled to complement the rooflines of nearby existing buildings. A shaft wall on the same exterior plane as a parapet wall may extend its full height along a single section of exterior wall, as described in Subsection B(29)(c)[5] above.

(d) Height of parking structure elements.

[1] The maximum height from mean grade level to the upper parking level driving surface shall be 33 feet.

[2] Parapet wall height measured from mean grade level to its top shall range from 37 feet to a maximum of 40 feet. Parapet wall height may extend to the height of elevator and stair shaft walls in compliance with Subsection B(29)(c)[6] above.

[3] The maximum roof height of elevator and stair enclosures shall be 48 feet, when measured from mean grade level to the highest point of a roof.

[4] Total roof area of elevator and stair enclosures shall not exceed 5% of the area of the upper parking level.

(e) General security considerations.

[1] All parking levels, elevators and stairs shall be illuminated by both natural light and lighting fixtures. If interior walls are provided, openings in these walls shall be maximized to reduce blind spots and increase visibility throughout the parking structure.

[2] Visibility of pedestrian movement in elevator and stair enclosures should be considered as a method of passive security and to provide pedestrians a sense of safety.

[3] Lighting shall be designed as required for sufficient security. Lighting shall be uniform throughout the parking structure so that dark hiding places are not created. Light colored ceilings and walls are recommended to increase overall light levels.

[4] Active security measures, such as sound detection equipment and/or video surveillance systems, should be considered in planning the overall security aspects of the parking structure.

(30) Performing arts center. A building in which theatrical plays, music, dance, and other live performances are held and where movies may be shown.

[Added 2-12-2011 by Ord. No. 711]

(31) Personal care boarding home. A care facility licensed and approved by the Pennsylvania Department of Welfare to provide personal care and assisted living facilities (as opposed to nursing, intermediate, or chronic care).

(32) Place of worship. Any structure(s) used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity except for place-of-worship-sponsored functions.

(33) Private club. A private club is a nonprofit association which is supported by dues or fees imposed on all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes but is not limited to fraternal, school, athletic, or other associations with rules, bylaws, charter or local or national affiliation; is based on membership of persons with common interests, pursuits or purposes; is not conducted as a commercial enterprise and is not a use which is customarily carried on as a business. The use shall be for members and their authorized guests only.

(34) Public recreation facility. A park, playground, field, or other indoor or outdoor recreational facility owned, leased or licensed by Newtown Borough.

(35) Public utility. A transformer station, pumping station, wastewater treatment facility, or other operation station or facility necessary to provide electrical, water supply or wastewater conveyance or treatment services.

(a) A planted buffer yard shall be provided along all lot lines.

(b) This use does not include broadcast towers, relay towers, cellular phone towers, telecommunications facilities, communications antenna, communications equipment building or communications tower, or any other structure, which exceeds 35 feet in height.

(36) Repair shop. A business for the repair of items, including but not limited to home appliances, lawn mowers, bicycles, furniture, or other household or personal items, but specifically excluding automobile, vehicle, or motorcycle repairs. No facility shall be permitted which constitutes a danger to the community because of combustible, chemical, radioactive, or other hazardous materials.

(37) Research. Scientific, biomedical, or industrial research, testing or experimental laboratory or similar establishment for research or product development. No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical, radioactive, or other hazardous materials.

(38) Restaurant. Any place for the sale and consumption of food and beverages without drive-through, drive-up, or walk-up window service, which are prohibited. Outdoor eating and food service is permitted as a use accessory to a restaurant use only when permitted as a special exception and only where the requirements set forth in this article for outdoor eating as accessory to a restaurant are met.

(a) All trash disposal areas shall be enclosed so as not to be visible from nearby residences and shall be closed to control odors.

(b) Exhaust systems shall be equipped with filters and directed away from residences or residential districts so that fumes and odors cannot be detected at nearby residences.

(39) Restaurant with drive-through service. Eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises with drive-through window service:

(a) Minimum lot size: 30,000 square feet.

(b) Where a drive-through window is proposed, all requirements for drive-through facilities of this chapter shall be met.

(c) Trash receptacles shall be provided outside the restaurant for patron use. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

(d) A planted buffer 10 feet in width shall be provided along all property lines.

(e) The use must have direct access to an arterial street.

(f) There shall be only one point of ingress and only one point of egress per collector or arterial street.

(g) No children's play area or playgrounds are permitted. No outdoor entertainment or music is permitted.

(h) No lights shall be placed on the roof of the structure.

(40) School. A private school, religious or nonreligious, or a public school, which is licensed under the proper governmental authority to provide education for kindergarten through grade twelve.

(a) The minimum lot area for elementary schools, junior high schools, middle schools, or high schools shall meet the guidelines of the Pennsylvania State Board of Education.

(b) Minimum yards: 100 feet for front, side and rear yards.

(41) Specialty convenience/retail. A retail store offering primarily groceries (including prepared food items) and/or other small consumer items intended for quick carryout trade. The sale of gasoline or motor fuels is not permitted.

[Added 2-12-2011 by Ord. No. 711]

(42) Terminal. A railway or bus station. Parking associated with a terminal shall have a buffer planting strip 10 feet in width wherever it abuts a residential use or residential district, planted in accordance with § 550-20 of this chapter.

(43) Veterinary office. A place where animals are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment; use of the facility for boarding is prohibited.

(44) Village retail or service business. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her apparel. Such use does not include an eating place or restaurant, motor vehicle gasoline station, or other use specifically designated in this chapter as a separate use. Village retail or service should be designed to be compatible with the scale, design, and appearance of the Borough's existing retail/service businesses. No individual business establishment shall exceed 5,000 square feet of first floor area.

(a) As an accessory activity, a retail or service business may sell food or beverages to be consumed on the premises without table service, provided that such sales are subordinate to and incidental to the principal use or business, and that no more than four tables with four chairs at each table shall be devoted to the consumption of food or beverages on the premises. This accessory use is not intended to allow for a restaurant or restaurant with drive-through or walk-up service, in which the principal use is the preparation, service, and consumption of food. All requirements of the Bucks County Health Department for food and beverage service shall be met.

(b) No accessory food or beverage service shall occupy any part of the street right-of-way. No accessory food or beverage service shall occupy any part of the sidewalk area.

(c) No retail or service business shall contain a drive-through or drive-up window.

(45) Warehousing and distribution. Terminal facilities operated for a specific commercial establishment or group of establishments for the storage of goods and materials and reshipping of goods and materials.

(a) Storage of materials shall be screened along all property lines by a buffer 12 feet wide in accordance with § 550-20 of this chapter.

(b) Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings for storage. These shall be loaded or unloaded within 48 hours and shall not remain on the lot beyond this period of time.

(46) Tower-based wireless communications facility (tower-based WCF).

[Amended 11-10-2020 by Ord. No. 774]

(a) The following general regulations shall apply to tower-based wireless communications facilities, with the exception of small wireless facilities located within the ROW. Small wireless facilities, as defined in § 550-7 above, if located in the ROW, shall be governed under § 550-14(B)(47.1), small wireless facilities.

[Amended 1-11-2022 by Ord. No. 784]

[1] Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property.

[2] Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSFEINTIA-222-E Code, as amended).

[3] Height. Any tower-based WCF shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure.

[4] Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[5] Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance in the Newtown Borough Comprehensive Plan, or is located within the Historic District, as defined by this chapter.

[6] Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Borough.

[7] Lighting. Tower-based WCF shall not be artificially lighted, except as required by law and as may be approved by the Borough. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

[8] Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[9] Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[10] Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[a] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[c] Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

[11] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

[12] Conditional use. Tower-based WCF shall be permitted by conditional use in all nonresidential zoning districts, subject to the applicant's demonstration that it meets the following standards, in addition to the requirements for tower-based WCFs set forth in this chapter:

[a] The applicant is licensed by the FCC, or other agency having jurisdiction, to provide wireless communications services.

[b] Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.

[c] The applicant demonstrates that the proposed height of the communications tower is the minimum height necessary to perform its function.

[d] The base of a communications tower shall be landscaped so as to screen the foundation, base and communications equipment building from abutting properties.

[e] The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.

[f] The applicant shall submit a certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Newtown Borough Building Code.

[g] The applicant shall submit a copy of its current FCC license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.

[h] All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

[i] The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

[13] Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[14] Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the applicant, in writing, of its decision. If additional information is requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150 day review period.

(b) Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

[1] Prohibited in certain zones. No tower-based WCF shall be located in residential districts or within 500 feet of a lot in residential use or a residential district boundary.

[2] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCFs.

[3] Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.

[4] Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

[a] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

[b] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[c] Minimum setbacks. The tower-based WCF and accompanying equipment building shall comply with the requirements for the applicable zoning district, provided that no tower-based WCF shall be located within 500 feet of a lot in residential use or a residential district boundary.

[5] Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

[6] Co-location. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[7] Design regulations.

[a] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[b] Any height extensions to an existing tower-based WCF shall require prior approval of the Borough. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough

[c] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users

[8] Fence/screen:

[a] A security fence having a maximum height of eight feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

[b] An evergreen screen that consists of a hedge or a row of evergreen trees shall be located along the perimeter of the security fence.

[c] The WCF applicant shall submit a landscape plan for review and approval by the Borough Planning Commission for all proposed screening.

[9] Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

[10] Bond. Prior to the issuance of a permit, the owner of a tower-based WCF outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.

[11] Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any tower-based WCF based upon visual and/or land use impact.

[12] Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(c) Tower-based facilities in the rights-of-way. In addition to the regulations in Subsection B(46)(b)The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

[1] Prohibited in certain zones. No tower-based WCF shall be located in Residential Districts or within 500 feet of a lot in residential use or a residential district boundary.

[2] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCFs in the ROW.

[3] Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

[4] Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Borough finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[5] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[9]

[9] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

[6] Equipment location. tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or, in the absence of a curb, the edge of the pavement.

[b] Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[d] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

[7] Design regulations.

[a] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[b] Any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the tower-based WCF to more than 150 feet. The Borough reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Borough.

[c] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[8] Visual or land use impact. The Borough reserves the right to deny the construction or placement of any tower-based WCF in the ROW based upon visual and/or land use impact.

[9] Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[b] The operations of the Borough or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Borough.

[10] Compensation for ROW use. In addition to permit fees as described in section, every tower-based WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Borough and authorized by resolution of Borough Council and shall be based on the Borough's actual ROW management costs as applied to such tower-based WCF.

[11] Bond. Prior to the issuance of a permit, the owner of a tower-based WCF in the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $100,000, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(47) Nontower wireless communications facilities. The following general regulations shall apply to nontower wireless communications facilities, with the exception of small wireless facilities located within the ROW. Small wireless facilities, as defined in § 550-7 above, if located in the ROW, shall be governed under § 550-14B(47.1), small wireless facilities.

[Amended 11-10-2020 by Ord. No. 774]

(a) Conditional use. Nontower WCFs are permitted by conditional use in all zones subject to the applicant's demonstration that it meets the following standards, in addition to the requirements for nontower WCFs set forth in this chapter, with the exception that installation of small wireless facilities by a wireless provider or the installation, modification and replacement of utility poles with small wireless facilities attached by a wireless provider within the right-of-way shall be a permitted use:

[1] Standard of care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

[2] Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association. (ANSI EIA/TIA-222-G, as amended).

[3] Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[4] Radio frequency emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(b) The following general regulations shall apply to all nontower wireless communications facilities:

[1] Notice. Upon submission of an application for any non-tower-based WCF, the applicant shall mail notice thereof to the owner or owners of every property within 500 feet of the parcel or property of the proposed facility.

[2] Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the data when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[a] All abandoned or unused WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[3] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a nontower WCF or $1,000, whichever is less.

[4] Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.

(c) In addition to the requirements set forth above in section (B)(47)(b)[1] through [4], the following regulations shall apply to all nontower wireless communications facilities that substantially change the wireless support structure to which they are attached:

[1] Historic buildings. Nontower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or is identified as an historic structure or has been designated as being of historic significance, or is located within the Historic District, as defined in the Newtown Borough Zoning Map.

[2] Maintenance. The following maintenance requirements shall apply:

[a] The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[3] Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[4] Bond. Prior to the issuance of a permit, the owner of each individual nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Borough Solicitor, in an amount of $25,000, for each individual nontower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Borough.

(d) Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:

[1] Development regulations. Nontower WCFs shall be co-located on existing structures such as existing buildings or tower-based WCFs subject to the following conditions:

[a] Such WCF does not exceed a maximum height of 150 feet.

[b] If the WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[c] An eight-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[2] Design regulations.

[a] Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[b] Nontower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher.

[c] All nontower WCF applicants must submit documentation to the Borough justifying the total height of the nontower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[d] Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[e] Noncommercial usage exemption. The design regulations enumerated in this section shall not apply to direct broadcast satellite dishes installed for the purpose of receiving video and related communications services at residential dwellings.

[3] Removal, replacement, modification.

[a] The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennas.

[b] Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

[4] Visual or land use impact. The Borough reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.

[5] Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(e) Nontower wireless facilities in the rights-of-way. The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:

[1] Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

[2] Design requirements.

[a] WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[b] Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[3] Compensation for ROW use. In addition to permit fees as described above, every nontower WCF in the ROW is subject to the Borough's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs including, but not limited to the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each nontower WCF shall pay an annual fee to the Borough to compensate the Borough for its costs incurred in connection with the activities described above. The annual ROW management fee for nontower WCFs shall be determined by the Borough and authorized by resolution of the Borough Council and shall be based on the Borough's actual ROW management costs as applied to such nontower WCF.

[4] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[10]

[10] Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

[5] Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb, or, in the absence of a curb, the edge of the pavement.

[b] Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Borough Engineer, that ground-mounted equipment cannot be undergrounded, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[d] Any graffiti shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to nontower WCFs shall be reviewed and approved by the Borough.

[6] Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[b] The operations of the Borough or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Borough.

[7] Visual or land use impact. The Borough retains the right to deny an application for the construction or placement of a nontower WCF based upon visual and/or land use impact.

(47.1) Small wireless facilities located in rights-of-way.

[Added 1-11-2022 by Ord. No. 784]

(a) The following general regulations shall apply to small wireless facilities, as defined in § 550-7 above, that are located within the right-of-way (ROW):

[1] Permitted use. Deployment of small cell infrastructure through the installation of small wireless facilities in the ROW shall be a permitted use in all areas of the Borough.

[2] Right of access. A wireless provider shall be authorized to access the ROW and municipal poles, as follows:

[a] A wireless provider shall have the right to access the ROW for the purpose of: (1) collocating to an existing structure, (2) replacing an existing utility pole, or (3) installing a new utility pole with attached small wireless facilities.

[b] A wireless provider shall be permitted to collocate on a municipal pole following approval of an application as outlined herein, unless the small wireless facility would cause structural or safety deficiencies to the municipal pole, in which case the Borough and the applicant shall coordinate any make-ready work or modifications or replacements that are needed to accommodate the small wireless facility, in accordance with the provisions of Subsection B(47.1)(a)[7] below.

[c] The Borough may reserve space on an existing municipal pole for future public safety or transportation uses that have already been documented in an approved plan at the time an application is filed. Reservation of space shall not preclude collocation, the replacement of an existing utility pole or the installation of a new utility pole. If the replacement of a municipal pole is necessary to accommodate collocation and the reserved future use, the wireless provider shall pay for the replacement municipal pole and the municipal pole shall accommodate the future use.

[d] All structures and facilities shall be installed and maintained so as not to obstruct nor hinder travel or public safety within the ROW or obstruct the legal use of the ROW by the Borough and utilities.

[3] Fee for use of ROW. The owner of a small wireless facility located within the ROW shall pay an annual fee to the Borough in the amount of $270 per site, per year, for ROW use and occupancy. In the event that the Borough's ROW management costs exceed $270 per site, per year, the Borough shall be compensated based upon the Borough's actual costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the Borough.

[4] Height limits. Each new or modified small wireless facility installed in the ROW shall be installed on an existing utility pole or a new utility pole subject to the following:

[a] The installation of a small wireless facility on an existing utility pole shall not extend more than five feet above the existing utility pole.

[b] If collocation on an existing utility pole cannot be achieved, a small wireless facility may be installed on a new or replacement utility pole, subject to the requirements of Subsection B(47.1)(b)[3][d] below. The maximum permitted height of the facility, which shall include the utility pole and small wireless facility, shall not be taller than 50 feet above ground level.

[c] A wireless provider seeking to collocate or install a new utility pole with small wireless facilities attached that exceeds the height limits established herein may submit a request for a height limit waiver or variance with its application.

[5] Historic District and historic buildings. Any small wireless facilities located in the Historic District on an historic building or structure shall be required to employ appropriate concealment measures. Materials used for concealment shall not be considered a part of the small wireless facility for purposes of the size restrictions of small wireless facilities.

[6] Design guidelines. The Borough may adopt design guidelines for small wireless facilities. Such guidelines shall be established by resolution, and shall be based upon objective, technically feasible criteria and applied in a nondiscriminatory manner. The intent of the design guidelines shall be to reasonably match the aesthetics and character of the immediate area. The design guidelines may include examples of preferred materials and techniques, including visual depictions. The Borough shall have authority to update or supplement the design guidelines by resolution, to address relevant changes in law, technology, or administrative processes. Notwithstanding any additional design guidelines adopted by the Borough, the following general guidance is offered:

[a] WCF equipment must be indistinguishable from the support pole or structure to the greatest degree possible using matching colors, textures, and materials. The antennas and related equipment shall be in a color that will provide the most camouflage.

[b] All wires, antennas, and other small wireless facility equipment shall be enclosed and not visible.

[c] Screening and equipment enclosures shall blend with or enhance the surrounding context in terms of scale, form, texture, materials, and color. Equipment shall be concealed as much as possible by blending into the natural and/or physical environment.

[d] Casing to enclose all wires, antennas, and other small wireless facility equipment may be mounted on top of existing and new poles in a cylinder shape to look like an extension of the pole.

[e] Brand logos and other signage are prohibited on all WCF except contact information to be used by workers on or near the WCF and as otherwise required by federal or state law. Signage will be no larger than required to be legible from street level.

[f] For approval of new WCF or new wireless support structure in an Historic District, the applicant shall also comply with all provisions of Chapter 314, Historic Districts.

[7] Make-ready work. If make-ready work is required, the Borough shall provide a good faith estimate for the work necessary to enable the municipal pole to support the requested collocation by a wireless provider, including pole replacement if necessary, within 60 days after receipt of a complete application. Fees for make-ready work on an existing, nonreplacement municipal pole shall not include costs related to preexisting or prior damage or noncompliance. Fees for make-ready work, including replacement, shall not exceed actual costs or the amount charged to other similarly situated communications service providers for similar work and shall not include any consultant fees or expenses that are charged on a contingency basis. Make-ready work shall only include work that is necessary to meet applicable codes or industry standards. Replacement of the municipal pole shall only be required if collocation would make the municipal pole structurally unsound. Make-ready work, including pole replacement, shall be completed within 60 days of written acceptance of the estimate by the applicant.

[8] General requirements for use of ROW. The following requirements apply:

[a] Structures and facilities deployed by a wireless provider shall be constructed, maintained and located in a manner as to not obstruct, endanger or hinder the usual travel or public safety on a ROW, damage or interfere with other utility facilities located within a ROW or interfere with the other utility's use of the utility's facilities located or to be located within the ROW.

[b] The construction and maintenance of structures and facilities by the wireless provider shall comply with the 2017 National Electrical Safety Code, and any updates thereto that have been adopted by the Borough, and all applicable laws, ordinances and regulations for the protection of underground and overhead utility facilities.

[c] An applicant or the applicant's affiliate shall ensure that a contractor or subcontractor performing construction, reconstruction, demolition, repair or maintenance work on a small wireless facility meets and attests to all of the following requirements:

[i] Maintain all valid licenses, registrations or certificates required to do business or perform applicable work under federal, state or local laws, regulations or ordinances.

[ii] Maintain compliance with the Workers' Compensation Act, the Unemployment Compensation Law, and bonding and liability insurance requirements as specified in the contract for the project.

[iii] Has not defaulted on a project, declared bankruptcy, been debarred or suspended on a project by the federal government, the commonwealth or a local government entity within the previous three years.

[iv] Has not been convicted of a misdemeanor or felony relating to the performance or operation of the business of the contractor or subcontractor within the previous 10 years.

[v] Has completed a minimum of the United States Occupational Safety and Health Administration's ten-hour safety training course or similar training sufficient to prepare workers for any hazards that may be encountered during their work on the small wireless facility.

[9] Obligation to repair ROW. A wireless provider shall be obligated to repair all damage to the ROW or any other land that is directly caused by the activities of the wireless provider or the wireless provider's contractors. The wireless provider shall be obligated to return the ROW in as good of condition as it existed prior to any work being done. If the wireless provider fails to make required repairs within 30 days after written notice, the Borough may perform those repairs and charge the wireless provider the reasonable, documented cost of the repairs plus a penalty not to exceed $500. Failure to remit payment of such costs and penalties shall render the applicant ineligible to receive any new permit from the Borough until payment in full is received. In the event that repair of the ROW is in dispute, payment of such costs and penalties may be deposited in escrow to avoid a disruption in eligibility to receive new permits.

[10] Indemnification. Unless a wireless provider is a party to an existing agreement to occupy and operate in the ROW, a wireless provider shall fully indemnify and hold the Borough and its officers, employees and agents harmless against any claims, lawsuits, judgments, costs, liens, expenses or fees or any other damages caused by the act, error or omission of the wireless provider or its officers, agents, employees, directors, contractors or subcontractors while installing, repairing or maintaining small wireless facilities or utility poles within the ROW. Such indemnification shall not apply to an act of negligence or willful misconduct by the Borough, its elected and appointed officials, employees and agents.

(b) Application and permitting process.

[1] Application. A wireless provider seeking to install, modify or replace small wireless facilities or utility poles with small wireless facilities attached within the ROW shall submit a permit application for review by the Borough. The following standards shall apply:

[a] Review. The Borough shall review the application in accordance with applicable codes. The application shall not be subject to discretionary zoning review, including conditional use or special exception requirements.

[b] Incomplete applications. If an application is incomplete, the Borough shall notify the applicant within 10 business days of receiving the application. The notice shall identify what information is missing. Upon receipt of the missing information, the processing deadline shall restart at zero. The processing deadline may also be tolled by agreement of the applicant and the Borough.

[c] Application processing deadlines. The Borough shall approve or deny the application within 60 days of receipt of a complete application to collocate and within 90 days of receipt of a complete application to replace an existing utility pole or install a new utility pole with small wireless facilities attached. In the event that the Borough does not take action to approve or deny the application within these deadlines, the application shall be deemed approved.

[d] An application shall not be required for: (1) routine maintenance or repair work; (2) replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as a small wireless facility; or (3) installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the ROW, in compliance with the National Electrical Safety Code. However, a permit is required for the types of work outlined above if the work involves excavation, closure of a sidewalk or closure of a vehicular lane.

[2] Application fee. An applicant shall be required to pay a one-time application fee as follows:

[a] $500 for an application seeking approval for no more than five collocated small wireless facilities, and $100 for each collocated small wireless facility beyond five.

[b] $1,000 for an application seeking approval of a small wireless facility that requires the installation of a new or replacement utility pole.

[3] Submission requirements. A wireless provider seeking to install, modify or replace small wireless facilities or utility poles with small wireless facilities attached shall submit:

[a] Documentation, including construction and engineering drawings, that demonstrates compliance with applicable codes, laws and regulations.

[b] Self-certification that the facilities are necessary to provide additional capacity or coverage for wireless services.

[c] Documentation demonstrating compliance with design guidelines.

[d] If the applicant seeks to install a new utility pole, the applicant is required to demonstrate that it cannot meet the service reliability and functional objectives of the application by collocating on an existing utility pole or municipal pole instead of installing a new utility pole. Necessity of installation may be demonstrated by a self-certification that the wireless provider has made this determination in good faith, accompanied by supporting documentation for the determination. The wireless provider's determination shall be based on whether the wireless provider can meet the service objectives of the application by collocating on an existing utility pole or municipal pole on which: (1) the wireless provider has the right to collocation; (2) the collocation is technically feasible and would not impose substantial additional cost; and (3) the collocation would not obstruct or hinder travel or have a negative impact on public safety.

[4] Approval of application. Approval of an application shall authorize the applicant to do the following within the ROW, subject to permit requirements and the applicant's right to terminate:

[a] Collocate on an existing utility pole, modify or replace a utility pole or install a new utility pole with small wireless facilities attached as identified in the initial application.

[b] Operate and maintain small wireless facilities and any associated equipment on a utility pole covered by the permit for a period of not less than five years, which shall be renewed for two additional five-year periods if the applicant is in compliance with all applicable criteria and has obtained all necessary consent from the utility pole owner.

[5] Denial of application. In the event of a denial, the Borough shall document the basis for a denial, including the specific provisions of applicable codes on which the denial was based, and send the documentation to the applicant within five business days of the denial. An application may only be denied for one or more of the following reasons:

[a] The small wireless facility materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement.

[b] The small wireless facility fails to comply with applicable codes.

[c] The small wireless facility fails to comply with the requirements specified under Act 50 of 2021.[11]

[11] Editor's Note: See 53 P.S. § 11704.1.

[d] The applicant fails to submit a report by a qualified engineering expert which shows that the small wireless facility will comply with applicable FCC regulations.

[6] Resubmission following denial. An applicant may cure the deficiencies in a denied application and resubmit the application within 30 days of receiving the written basis for the denial without being required to pay an additional application fee. The Borough shall approve or deny the revised application within 30 days of the application being resubmitted for review or the resubmitted application shall be deemed approved 30 days after resubmission. Any subsequent review shall be limited to the deficiencies cited in the denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Borough shall have an additional 15 days to review the resubmitted application and may charge an additional fee for the review.

[7] Consolidated applications. An applicant seeking to collocate within the Borough shall be permitted, at the applicant's discretion, to file a consolidated application for collocation of multiple small wireless facilities as follows:

[a] The consolidated application cannot exceed 20 small wireless facilities.

[b] The denial of one or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.

[c] A single applicant may not submit more than one consolidated or 20 single applications in a thirty-day period. If the Borough receives more than one consolidated application or more than 20 single applications within a forty-five-day period, the processing deadline shall be extended 15 days in addition to any extension of time related to receipt of an incomplete application.

[d] For the purpose of counting the number of small wireless facilities each applicant has before the Borough at a given time, small wireless facilities and poles that a wireless provider applicant has requested a third party to deploy and that are included in a pending application by the third party shall be counted as pending requests by the wireless provider applicant.

[e] An application tolled under Subsection B(47.1)(b)[7][c] shall count towards the total number of applications included in a consolidated application unless the application is withdrawn by the applicant. As the processing of applications is completed, the Borough shall begin processing previously tolled applications in the order in which the tolled applications were submitted, unless the applicant specifies a different order.

[8] Permits required. An applicant is required to obtain a permit to perform any of the following activities within the ROW:

[a] Collocate, maintain and modify small wireless facilities.

[b] Replace existing utility poles for collocation.

[c] Install new utility poles with attached small wireless facilities.

[d] The following types of work if the work involves excavation, closure of a sidewalk or closure of a vehicular lane: (1) routine maintenance or repair work requiring; (2) replacement of small wireless facilities with small wireless facilities that are substantially similar or the same size or smaller and still qualify as a small wireless facility; or (3) installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles by or for a communications service provider authorized to occupy the ROW, in compliance with the National Electrical Safety Code.

[9] Permit processing deadlines following deemed approval. A permit associated with an application deemed approved under this subsection shall be deemed approved if the municipality fails to approve or deny the permit within seven business days after the date of filing the permit application with the municipality unless there is a public safety reason for the delay.

[10] Permit expiration. The proposed collocation, the modification or replacement of a utility pole, or the installation of a new utility pole with small wireless facilities attached for which a permit is granted shall be completed within one year of the permit issuance date, unless the Borough and the applicant agree in writing to extend the period during which the permit is valid. Within 90 days of the end of a permit term or an extension of the permit term, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole.

[11] Permit suspension or revocation. The Borough may suspend or revoke a permit for noncompliance with an applicable code, law or regulation. Within 60 days of suspension or revocation of a permit, the applicant shall remove the small wireless facility and any associated equipment, including the utility pole and any support structures if the applicant's wireless facilities and associated equipment are the only facilities on the utility pole, after receiving adequate notice and an opportunity to cure any noncompliance.

(c) In the event that the provisions of this subsection conflict with the provisions of Subsection B(46) or (47) above, the provisions of this section shall control for any matter related to installation of small wireless facilities in the ROW.

(48) Telecommunications tower. A structure other than a building used or intended to be used to support telecommunications antennas. Examples of such structures include monopoles, lattice construction steel structures, and self-supporting or guyed towers. In addition to all other requirements for a conditional use, the applicant shall demonstrate compliance with all of the following criteria:

(a) Applicants erecting a new telecommunications tower shall agree to permit co-locations on the towers at usual and customary rates for co-locations. Owners of existing telecommunications towers shall permit co-locations of additional telecommunications antennas if structurally and technically possible.

(b) The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower and, if applicable, an antenna. The applicant shall further demonstrate that it has registered its telecommunications tower with the Federal Communications Commission.

(c) The applicant shall demonstrate that the proposed telecommunications tower and antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic fields and/or radiation.

(d) The applicant shall demonstrate that the proposed tower complies with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

(e) Any applicant proposing construction of a new telecommunications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/2 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

[1] The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.

[2] The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

[3] Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

[4] The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation and/or fields.

[5] A commercially reasonable agreement could not be reached with the owner of such structures. Applicant shall provide written reports or evidence that a good faith effort was made and that co-location was not possible.

(f) The applicant shall provide reasonable access to the tower. Where feasible, access shall be taken over existing driveways and easements. The applicant shall maintain the access and shall ensure that no mud or dirt is conveyed onto public roads.

(g) A tower may be located on a lot occupied by other principal structures or buildings and may occupy a leased parcel within a lot meeting minimum lot size requirements for the zoning district.

(h) The applicant shall demonstrate that the proposed height of the Tower is the minimum height necessary to perform its function. The Borough Council shall have the right to impose a condition on any approval that the tower be constructed in such a way that its height can be extended to accommodate other users.

(i) The maximum height of any tower, including antennas attached thereto, shall not exceed 200 feet.

(j) The foundations and base of any tower shall be set back from any property line at least 100 feet.

(k) The base of a tower shall be landscaped so as to screen the foundation and base and communications equipment building, if any, from abutting properties.

(l) The applicant shall submit certification from a Pennsylvania-registered professional engineer that a proposed tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association, and applicable requirements of the Borough's Building Code.

(m) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the telecommunications tower, telecommunications antennas and telecommunications equipment building, if any, naming the Borough of Newtown as an additional insured thereon.

(n) All guy wires associated with guyed telecommunications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

(o) The site of a tower shall be secured by a security fence with a maximum height of eight feet to limit accessibility by the general public.

(p) No signs or lights shall be mounted on a tower, except as may be required by the Federal Communications Commission, Federal Aviation Administrations or other governmental agency which has jurisdiction.

(q) Telecommunications towers shall be protected and maintained in accordance with the requirements of Newtown Borough's Building Code, as amended.

(r) If a tower remains unused (i.e., no antenna mounted on the tower receives or transmits signals) for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower within six months of the expiration of such twelve-month period.

(s) At the time of filing a building permit application for a tower, the applicant shall post a bond to cover the cost of dismantling the tower if such dismantling is, at any time, necessary.

(t) Following a final determination that a tower is in violation of the applicable Newtown Borough Building, Fire Prevention, Property Maintenance or other applicable code or ordinance, the Borough, following 90 days' prior written notice to the applicant, may use and/or call the bond posted pursuant to the subsection(s) above to dismantle the tower.

(u) One off-street parking space shall be provided within or outside the fenced area.

(v) Any applicant proposing a new tower shall employ all means, and present substantial evidence of same, to disguise the proposed tower to give the appearance of a tree, windmill or other structure which in the opinion of Newtown Borough Council is most appropriate for the proposed location.

(w) An applicant for a communications tower, facility or antenna shall submit a study indicating that the facility will provide telecommunications service in an area that is not served by any telecommunications system or carrier at the time of the application. No telecommunications or communications facility will be permitted to be erected if service or coverage is available through another provider.

(x) Historic properties, lots, buildings and/or structures. No telecommunications tower, antenna, facility, or building is permitted in the Newtown Borough Historic District.

C. Accessory uses.

(1) Home occupations.

(a) Type 1 - no-impact home based business. A business or 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. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home office resides and may be permitted where it meets the following regulations.

[1] The home office shall be accessory to a residence and carried on wholly indoors. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

[2] There shall be no use of show windows, displays, or advertising visible outside the premises; there shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

[3] There shall be no exterior storage of materials or parking of commercial vehicles.

[4] The appearance of the residential structure shall not be altered. The home occupation must be conducted in a manner which does not cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, parking, show windows or advertising visible outside the premises to attract customers or clients.

[5] The home office shall be operated only by members of the immediate family residing in the dwelling in which the home office is located.

[6] The floor area devoted to a home office shall not be more than 25% of the floor area of the habitable floor area of the principal residential structure.

[7] The use shall not include the following: animal hospital; commercial stable and kennel; funeral parlor and undertaking establishment; restaurant; rooming house, boardinghouse, and lodging house; clinic or hospital, beauty shop or barbershop, nursing home/personal care facility or any retail activity.

[8] No equipment or process shall be used in such employment or occupation which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot. The business may not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use.

[9] No home office shall be located in an area needed to meet the off-street parking requirements of the principal residence.

[10] No signs are permitted, other than what which would be allowed for a residential use.

[11] The business may not involve any illegal activity.

(b) Type 2 - accessory office. Accessory office of a medical professional, counselor, lawyer, engineer, architect, accountant, salesman, or other profession of the same character and which may involve visits by clients is permitted, provided that:

[1] The regulations listed for Type 1, no-impact home based business, shall be met, except as modified below.

[2] In addition to the members of the immediate family residing in the dwelling, no more than one employee may be employed in an accessory office at any one time.[12]

[12] Editor's Note: Original Sec. 401.C(1)(b)[3], which regarded hours of operation, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.

[3] An accessory office shall be permitted only by special exception.

[4] Parking areas shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a five-foot-wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with § 550-20 of this chapter.

(c) Type 3, traditional home business. Type 3 home occupation is defined as a traditional home business of a resident who provides 1) instruction to individual students in music or art or other academic subjects; or (2) dressmaking or millinery services, artists or craftsmen; or 3) clergymen, and which does not use any employees on the premises and which does not involve any display of merchandise on the property. This use does not include pet day care or pet sitting. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and may be permitted in conformance with the following regulations.

[1] The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto, and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than 25% of the total floor area contained in the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.

[2] Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises.

[3] A home occupation shall not in any way alter the residential character of the neighborhood.

[4] There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no external indications that the property is used for other than residential use. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

[5] Total number of clients permitted at a single time: 3.

(d) Type 4 - family day care. A family day-care use is a facility operated for remuneration in which child day care is provided at any one time to up to six children, including relatives of the caregiver and nonrelatives, and where the childcare areas are part of a family residence wherein the caregiver resides, subject to conformance with the following additional regulations:

[1] A family day care use shall only be permitted as an accessory use in a single-family detached dwelling.

[2] The owner and operator of a family day care use must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration or license as required shall result in a termination of the special exception approving the use, and it shall be the affirmative obligation of the owner and operator of a family day care use to provide, annually, proof to the Borough that the registration certificate or license is valid for each year.

[3] A family day care use must be located in a residence that has frontage on a public street and the operation of the family day care use must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Borough may require additional off-street parking and driveway area as a condition of the grant of any approvals.

[4] Persons engaged in a family day care use shall be limited to the members of the household of the operator residing on the premises plus one additional employee.

[5] The home occupation shall not in any way alter the character of the neighborhood.

[6] There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

[7] Off-street parking shall be provided for any employee. If a parking area is required, it shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a five-foot-wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with § 550-20 of this chapter.

[8] Outdoor play areas shall be defined and fenced.

(2) Residential accessory structure. Those structures listed below which are incidental to a residential use.

(a) Fences and walls:

[1] Maximum height for any fence or wall or combination of a fence and wall: four feet in any part of a front yard; six feet in side or rear yards.

[2] No fences or walls may be placed in the right-of-way or in drainage easements or swales but may occupy required yard areas.

[3] If there is an unfinished side to a fence, the finished side must face out toward adjoining properties or the street and the unfinished side must face inward toward the lot being fenced.

[4] Minimum setback for fences is zero feet; minimum setback for walls is zero feet.

[Added 10-12-2004 by Ord. No. 655]

(b) Garages, storage sheds, greenhouses, barns, backyard play equipment, carports or other similar structures.

[1] One detached garage or carport for the parking of motor vehicles is permitted per residential lot.

[2] Required setbacks from lot lines for buildings or structures with a floor area 150 square feet or less:

[a] Front: distance equal to front yard setback for principal building.

[b] Side: three feet.

[c] Rear: three feet.

[3] Required setbacks from lot lines for buildings or structures with a floor area of 151 to 400 square feet:

[a] Front: distance equal to front yard setback for principal building.

[b] Side: five feet.

[c] Rear: 10 feet.

[4] Required setbacks from lot lines for buildings or structures with a floor area of more than 400 square feet shall be the same as the setback requirements for principal buildings in the district in which the building or structure is located.

[Amended 2-12-2011 by Ord. No. 711]

[5] Maximum height of any accessory structure: 20 feet.

(c) Unenclosed porches, patios, decks, driveways, pads or other impervious surfaces. Unenclosed porches, patios, or decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard and shall not be higher than three feet above the mean ground level at the rear of the dwelling. Enclosed porches shall meet the yard and setback requirements for a principal building. Driveways, pads or other impervious surfaces shall be set back from any side or rear property line by at least three feet in the B-1 District, zero feet in all other districts, and may encroach into the front yard only to access the street.

[Amended 10-12-2004 by Ord. No. 655]

(d) Swimming pool. A swimming pool shall be permitted as an accessory to a residential use, provided the following requirements are met:

[1] No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 18 inches at the deepest or lowest point or exceeding a surface area of 150 square feet unless a permit is first obtained from the Borough and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools that do not exceed 18 inches in depth or a surface area of 150 square feet are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming, and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.

[2] The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located closer to the street than the front building setback line and not closer than 10 feet to any other property line.

[3] Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Borough. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height, and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer for compliance with this chapter and the Borough Building Code.

[4] Safety. Any pool or water area subject thereto shall be designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

[5] Sanitary quality of water in public pools. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this chapter.

[6] Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Borough ordinances, rules and regulations.

[7] Construction and maintenance. The construction and design of all pools shall be such that the pool can be maintained and operated as to be clean and sanitary at all times. The owners of every pool shall be responsible to maintain the pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.

[8] Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

[9] All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' laboratory regulations and must be inspected and certified by an electrical underwriters inspection agency prior to the issuance of a certificate of occupancy. In no event may said pool be used prior to such approval.

[10] If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system.

[11] Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

[12] In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. It shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private.

[13] No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines.

[14] No water shall be placed in the pool until a fence, as required by this chapter, has been completed.

[15] All pools shall be constructed and secured with fencing in accordance with the Building Code, as amended, as most recently enacted by the Borough.

[16] Fencing. Permanent swimming pools above or below grade must be completely enclosed with a minimum four-foot-high chain link, stockade, picket (not exceeding three-inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the Building Inspector, to carry out the intent of this chapter. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use, and locks or latches shall be placed so as to be inaccessible to children. All other Building Code requirements for the securing and fencing of pools shall be followed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[17] The owner of any swimming pools shall allow the Borough Building Inspector, Zoning Officer, or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.

(3) Bed-and-breakfast. A dwelling in any zoning district may be used for accommodating transient tourists for rent, subject to the following conditions and restrictions. This use does not include an inn or other residential uses specifically provided for in this chapter, nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.

[Amended 11-10-2020 by Ord. No. 773]

(a) No more than four guest rooms may be provided.

(b) The minimum lot size shall not be less than that twice the minimum lot area required for single-family detached dwellings in the zoning district in which the proposed bed-and-breakfast is located.

(c) The off-street parking spaces shall be located either to the rear or side of the main dwelling and screened from the adjacent properties in accordance with the buffer requirements in § 550-20 by a buffer planting strip five feet in width. No parking areas are permitted closer to the street than the front yard setback line or the front of the building.

(d) At least one full bathroom shall be provided for each guest room, in addition to the full bathroom used by the owner-resident.

(e) External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons.

(f) The use shall be operated by members of the immediate family who must reside on the premises.

(g) There shall be no separate kitchen or cooking facilities in any guest room.

(h) The maximum uninterrupted length of stay at a bed-and-breakfast shall be 14 days.

(i) The use of any outside amenities provided by the bed-and-breakfast, such as swimming pool or tennis courts, shall be restricted in use to guests of the establishment and shall be open for use only between the hours of 9:00 a.m. and 10:00 p.m. The serving of meals shall be restricted to the guests of the establishment.

(j) There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single sign, which complies with the sign regulations of this chapter.

(k) Weddings, receptions, special events. A bed-and-breakfast may not be used for weddings, receptions, meetings, or other special events that involve people who are not guests at the bed-and-breakfast.

(4) Boarding. Boarding shall mean the keeping of no more than two roomers, boarders, or lodgers as an accessory use within a single-family detached dwelling, in accordance with the following regulations:

(a) The owners of the property shall be full-time residents of the property.

(b) No additional rooms shall be constructed for the purpose of accommodating boarders.

(c) No separate cooking facilities shall be created.

(d) Boarding is permitted in principal dwellings only and not in buildings accessory to principal structures.

(e) In addition to the parking requirements for the principal building, one additional off-street parking space shall be provided for each room used or intended to be used for boarding.

(f) This use does not include residential facilities for chronically ill or other persons who need special care due to illness or who are part of a criminal justice program.

(5) Nonresidential accessory structure. Limited to the following structures whose use is subordinate to and incidental to a permitted commercial or industrial use of the property: fences, walls, garages, storage sheds or containers, driveways, and pads or other impervious surfaces.

[Amended 10-12-2004 by Ord. No. 655]

(a) Fences and walls. No fences or walls may be placed in the right-of-way of a street or road or in drainage easements or swales. The maximum permissible height for transparent fences shall be eight feet; for solid walls shall be four feet; and for a combination of a four-foot wall topped with a transparent fence shall be eight feet. The maximum height may be extended to no more than 10 feet if a higher fence is a requirement to meet regulations of a local, county, state or federal government. No barbed wire or razor wire is permitted. Minimum setback for fences is zero feet; minimum setback for walls is zero feet.

(b) Garages, sheds or containers. Only one such detached accessory structure is permitted per lot. Required side and rear yard setbacks:

Square Footage (square feet)	Side (feet)	Rear (feet)
100 or less	5	5
101 to 200	10	10
More than 200	15	15

(c) No accessory structure shall be permitted in the front yard or closer to the street line than the principal building.

(d) The maximum height of any garage, storage shed or storage container is 20 feet.

(6) Outside storage for nonresidential uses. Outside storage necessary but incidental to the normal operation of a principal nonresidential use is permitted, subject to the following requirements:

(a) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.

(b) Outside storage areas shall occupy an area of less than 25% of the existing building coverage.

(c) The storage of tractor trailers, panel trucks, vans, and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business but shall not be used for storage on a permanent basis or for periods longer than 30 days three times during any calendar year.

(d) Where outside storage areas are adjacent to a residential use or a residential district, a planted buffer 10 feet in width and a landscaped fence shall be provided in accordance with § 550-20C of this chapter.

(7) Temporary structure. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a non-recurring nature, subject to the following provisions:

(a) The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods. The total time period shall not exceed one year.

(b) Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

(c) No retail sales shall be permitted from a temporary structure or vehicle.

(d) Tractor trailers, flatbed trailers, moving vans, and other large commercial vehicles are not permitted to be parked in residential, Village, or Town Center Districts except for a period of time necessary for loading or unloading.

(8) Car wash. An automated facility for washing of motor vehicles, which shall be accessory to a motor vehicle fuel station.

(a) The facility shall have a drainage system that ensures that water will not collect on driveways, sidewalks, or streets.

(b) Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

(c) A car wash is permitted only as an accessory use to a motor vehicle gasoline station.

(9) Dwelling in combination with a business. A dwelling unit is permitted as an accessory use to a principal commercial or office use. All building code requirements and parking requirements shall be met.

(10) Microwave or satellite dish antenna. A dish antenna or any other type of antenna, whether larger than or less than or equal to 18 inches in diameter, used to receive radio or television or electromagnetic waves from an overhead satellite or transmission tower shall be permitted as an accessory use in all districts, subject to the following regulations. The use shall not be construed to permit any equipment or facilities used or intended to be used for the propagation or transmission of telecommunication, radio or electromagnetic waves, such uses being permitted only as non-tower-based wireless communication facility or tower-based wireless communication facility, as applicable.

[Amended 11-10-2020 by Ord. No. 774]

(a) All residential districts. A microwave or satellite dish antenna larger than 18 inches in diameter shall be a permitted accessory use, subject to the following:

[1] No antenna shall be located within a required front, side or rear yard, unless an acceptable signal is unobtainable elsewhere on the lot.

[2] No antenna shall be permitted in the required front yard area or in front of the principal dwelling.

[3] The diameter of the antenna shall not exceed nine feet.

[4] When separately supported, the total height of the antenna shall not exceed 10 feet. Amateur radio service antennas shall not exceed 65 feet above ground level.

[5] Roof mounting is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and shall not project above the ridge line of the roof. No roof-mounted antenna shall exceed three feet in diameter.

[6] No more than one dish antenna shall be permitted on any lot.

[7] When not roof mounted, the antenna shall be screened by staggered plantings of evergreens that present a solid visual barrier to adjoining properties.

[8] Historic District requirements. In addition to the requirements in Subsection C(10)(a)[1] through [7], all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the historic district and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the District, homes, businesses, or other historic structures within the Historic District.

(b) All other districts. Antennas larger than 18 inches in diameter shall be a permitted accessory use in nonresidential districts, subject to all the following regulations:

[1] No antenna shall be located within a required front, side or rear yard.

[2] The diameter of a dish antenna shall not exceed nine feet.

[3] The maximum height of a ground-mounted antenna shall be 10 feet, 65 feet above ground level for amateur radio service antennas, and the antenna shall be screened by staggered plantings of evergreens to present a solid visual barrier.

[4] Roof-mounted dish antennas shall not exceed three feet in diameter unless they are totally screened from view from surrounding properties and streets. Dish antennas shall not be mounted on chimneys.

[5] Historic District requirements. In addition to the requirements in Subsection C(10)(b)[1] through [4], all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the Historic District and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the district, homes, businesses, or other historic structures within the Historic District.

(c) All microwave or satellite dish antennas less than or equal to 18 inches in diameter. No permit shall be required for a satellite dish that is 18 inches or smaller in diameter. A satellite dish less than or equal to 18 inches in diameter is permitted in every zoning district by right. No use permit shall be required for a satellite dish that is 18 inches or smaller in diameter. However, any satellite dish 18 inches or smaller in diameter located in the Newtown Borough Historic District shall meet the Historic District criteria of this section depending on the location of the property, as well as all the criteria of Chapter 314, Historic Districts, as amended.

(11) Outdoor eating accessory to a restaurant. Outdoor eating and food service is permitted as a use accessory to a restaurant use, subject to the following requirements:

(a) The outdoor eating area shall be open to the sky with the exception that it may have a retractable awning or umbrella and may contain furniture including tables, chairs, and planters that are readily moveable.

(b) The outdoor eating area may not occupy areas that are required by the establishment to meet the parking requirements of this chapter.

(c) Parking shall be provided for outdoor eating areas at a rate of one off-street parking space for every two seats and shall be in addition to the parking required to serve the indoor areas.

(d) Location of outdoor eating areas:

[1] No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area.

[2] All outdoor eating areas shall be located a minimum of 25 feet from a side or rear property line where the restaurant lot abuts or is adjacent to either a residential zoning district or a lot used as a residence, even if said lot is not located within a residential district; provided, however, that this requirement will not apply to a restaurant which abuts or is adjacent to the use identified "dwelling in combination with a business," as provided in § 550-14C(9) of this chapter.

(e) All outdoor eating areas shall be enclosed by a fence or wall with a minimum height of four feet. Where the lot on which outside eating is permitted abuts a residential use or a residential zoning district, a fence and planted buffer shall be installed that shall meet the standards set in § 550-20C of this chapter.

(f) No outdoor service shall be provided before 10:00 a.m. or after 11:00 p.m.

(g) No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise limitations of § 550-25C of this chapter.

(h) Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 10 feet, and light fixtures shall be focused downward with a shield, thereby preventing light from shining on adjacent properties.

(i) The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.

(j) No outdoor eating area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.

(k) Outdoor food preparation is prohibited.

[Amended 1-14-2020 by Ord. No. 768]

(l) All trash shall be removed from the outdoor eating area and from the area surrounding the outdoor eating area on at least a daily basis.

(m) Outdoor/open air bars for beverage service are permitted and must comply with all regulations in § 550-14C(11).

[Added 1-14-2020 by Ord. No. 768]

(12) Drive-through facility. A drive-through facility shall be an accessory use and is defined as any facility through which a service is provided, or goods, food or beverage are sold to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-through facilities are permitted as accessory uses only for restaurants with drive-through facilities and financial establishments and no others. All drive-through facilities shall meet the following requirements:

(a) The following definitions shall apply.

[1] Drive-through canopy. Overhead structures intended to protect patrons from the weather while stationed at the drive-through service area/facility.

[2] Drive-through lane. Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services.

[3] Bypass lane/escape lane. Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.

(b) Requirements. A drive-through facility is subject to the following standards:

[1] The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

[2] Hours of operation shall be set as a condition of the land development approval to minimize the impacts of drive-through facilities located adjacent to residential uses.

[3] Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other uses that have substantial pedestrian traffic.

[4] Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

[5] Drive-through facilities shall abut only arterial streets, as defined in Chapter 486, Subdivision and Land Development, and access shall not be taken from local streets.

[6] The driveway entrance and exit lane of a drive-through facility must be set back at least 100 feet from any intersection.

[7] A bypass lane/escape lane shall be provided.

[8] The design of a drive-through lane and bypass lane/escape lane shall minimize the blocking, crossing or passing through of off-street parking areas and minimize crossing of or the need to be crossed by pedestrian accessways for patrons.

[9] The drive-through lane shall not be the sole ingress and egress to the site.

[10] Drive-through lanes shall be marked by signs that indicate the entrance and exit for the drive-through lane. The direction of traffic flow for the drive-through lane and bypass lane/escape lane shall be marked clearly.

[11] Drive-through lanes are to be separated from the bypass lane/escape lane and parking aisles by painted lines.

[12] Lane separation. An on-site circulation pattern is to be provided for drive-through facility traffic that separates such traffic from that of walk-in patrons.

[13] A stacking area is to be provided for vehicles waiting for service in the drive-through lane that is separated from other traffic circulation on the site. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation. Stacking distance for each lane shall be at least 120 feet in length.

[14] The total height for any overhead drive-through canopy shall not exceed 15 feet.

(13) Vending machines.

(a) Vending and service machines are permitted as accessory uses in the following zoning districts only: TC, V-2, B-1 and B-2. No vending or service machine shall be permitted outside a completely enclosed building, except as permitted below.

(b) Only newspaper and news/sales material vending or distribution machines may be outside an enclosed building and only where the following conditions are met:

[1] A permit shall be required for all machines to be located outside a building;

[2] The machine shall be secured to a concrete pad or other suitable permanent and secure base. Chaining the machine to a post is not acceptable and does not meet this condition.

(c) The machine shall be located a minimum of 10 feet from the edge of the cartway of any road and shall not be located within the right-of-way of any roadway or within any sidewalk area.

(d) The machine shall be located so that it does not interfere with clear sight distance and shall be located at least 100 feet from any intersection.

(e) The machine shall not be located within any parking area that is needed to meet parking requirements.

(f) The machine shall not interfere with safe pedestrian flow or access.

(g) The machine must be properly maintained so that it is secured to its pad, operating properly, and free of debris, graffiti, and vandalism.

(h) Bank service machines for the conduct of bank business shall be permitted to be on the outside of a building whose use is financial establishment.

(i) No vending or service machines may be lighted except for the bank service machines.

(j) If the proposed vending or service machine is in the Historic District, approval shall also be required under Chapter 314, Historic Districts.

(k) No vending from temporary carts or stands is permitted.

(14) Mechanical equipment and heating or air-conditioning equipment. All mechanical equipment, including heating/ventilation/air-conditioning units and window air conditioners shall be located to preserve the historic character of the streetscape and to protect neighboring residences from any noise or appearance of these facilities. All nonresidential equipment shall be fully screened from view with appropriate materials or plantings approved by Borough Council.

(15) Closed loop geothermal system. A closed loop geothermal system shall be an accessory use. It is defined as any heating and/or cooling system that utilizes the earth's thermal energy to heat and/or cool a building through the use of a series of underground pipes. Only closed loop geothermal systems are permitted. This use is permitted in all zoning districts by right. All geothermal systems shall meet the following requirements:

[Added 5-8-2007 by Ord. No. 681]

(a) For purposes of this Subsection C(15) only, the following definitions shall apply:

[1] CLOSED LOOP GEOTHERMAL SYSTEM – A geothermal system in which the same liquid is continuously run through piping in a closed circuit and no new liquid is introduced to the system or used liquid discharged from the system.

[2] OPEN LOOP GEOTHERMAL SYSTEM – A geothermal system in which liquid is run through piping after being drawn from a source and is then discharged to that source or an alternate location.

[3] WELL – A drilled hole used in connection with a geothermal system.

(b) Only closed loop geothermal systems are permitted accessory uses. Open loop geothermal systems are prohibited.

(c) A drilling permit is required prior to the drilling or alteration of a well. Application for a permit for the drilling of a well shall be made to the Zoning Officer. The location of the well on the property shall be shown. No permit for a well shall be used until the plans, specifications and site plans have been approved by the Zoning Officer for compliance with this chapter.

(d) A site plan shall be submitted with the application and shall include the following:

[1] Property metes and bounds and adjoining property metes and bounds;

[2] All structures located on the property and the adjoining properties;

[3] All owners of adjoining lots shall be identified along with addresses and telephone numbers;

[4] Identify location and catalog all trees with a caliper of six inches or more at a height of four feet above grade, along with the current condition of each tree;

[5] A grading plan of the property including the direction and location of water flow from each well to be drilled;

[6] A detail of the method of controlling water runoff and sediment;

[7] Location of all municipal and private stormwater facilities on the property and within 500 feet of the property;

[8] Indicate location and type of all underground utilities and all above ground utilities with clearance to overhead obstructions;

[9] Location of all proposed wells and alternate well locations, indicating distances to all structures and property lines;

[10] Detail of turf and pavement (curb, sidewalk, driveway) protection methods;

[11] Proposed method of entry and exit from the site for drilling equipment;

[12] Plans and details of erosion controls, along with approval from the Bucks County Conservation District;

[13] Distance to Newtown Creek and Old Skunky;

[14] Proposed setup locations for drilling rig for each proposed well;

[15] Detail of tree protection;

[16] Site location map and proposed route of travel to the site of well drilling equipment, including load limit of all bridges in or accessing Newtown Borough;

[17] Location of all public and private easements and rights-of-way on or adjoining the property and all adjoining properties;

[18] Location of all on-site utilities including without limitation sewer and water laterals, gas, electric, cable and other communication lines and stormwater management facilities;

[19] Location of all natural resources and other protected land, including but not limited to required open space, sleep slopes, floodplain, woodlands and wetlands;

[20] Uses of adjoining properties; and

[21] Location of municipal or other public wells located within 500 feet of subject property.

(e) The installation specifications and drawings for a geothermal system shall be submitted to and approved by the Borough as conforming to the International Ground Sources Heat Pump Association (IGSHPA) installation standards, as may be amended and updated from time to time.

(f) A vertical geothermal well(s) installation shall be made only by a Pennsylvania-licensed well driller.

(g) Prior to the activation of the geothermal system, the well driller and geothermal system installer shall provide the Borough with the following:

[1] As-built plans and related documentation for each system and well location;

[2] Written documentation of the geothermal system testing and certification from the manufacturer, well driller and installer, as applicable;

[3] A written plan for the operation of the geothermal system which shall contain the following, at a minimum:

[a] Any geothermal system leaks or releases will be reported by the applicant (and subsequent owners) to the Borough and the Newtown Borough Police Department within 24 hours of the discovery of same, and the applicant (and subsequent owners) covenants and agrees to take all appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks;

[b] In the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Borough for its approval prior to closure.

(h) Wells shall not be permitted in a front yard. In any permitted yard, a well shall be set back at least 25 feet from all lot lines.

(i) No geothermal system shall be located within 100 feet of any existing drinking water wells or any planned drinking water wells.

(j) No geothermal system shall be connected in any way to any sanitary sewer or stormwater disposal system.

(k) The piping for geothermal systems must be made of polyethylene or polybutylene. A substitute material shall be permitted only if it is the functional equivalent of polyethylene or polybutylene and the material is approved by the Borough.

(l) Only water or potassium acetate may be used as the circulating fluid for geothermal systems, unless similar inert fluid is approved for use by the Borough.

(m) No well shall be permitted in any public legal or ultimate right-of-way of any street, road or highway.

(n) No well shall be permitted within 25 feet of a cartway where the right-of-way is less than 25 feet from the road center line.[13]

[13] Editor's Note: Original Sec. 401.C(15)(o), which regarded permitted hours of drilling, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.

(o) Well casings in a side yard shall be properly buffered with a landscape buffer.

(p) Wells shall not be located inside the floodplain, in any steep slopes, within wetlands or within woodlands.

(q) The top of the well casing shall be above the elevation of the 100-year flood line.

(r) Well casings seal/top shall be located between six inches and 12 inches above grade.

(s) All geothermal systems shall be properly maintained in accordance with manufacturer's specifications, the installer's specifications, and any applicable Pennsylvania Department of Environmental Protection or federal regulations.

(t) Any person who owns a lot upon which a geothermal system is installed and any person who occupies a structure which is served by a geothermal system shall be responsible for maintaining the geothermal system.

(u) If a geothermal system malfunctions, the person responsible for the maintenance of the system shall take all action necessary to repair, modify or alter the geothermal system to eliminate the malfunction.

(v) The owner of any property with a well shall allow the Borough Zoning Officer or other authorized official access to the well for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.

D. Traditional neighborhood development (TND-1) - mixed residential and nonresidential.

[Added 2-12-2011 by Ord. No. 711]

(1) Purpose and intent.

(a) TND-1 uses are permitted by conditional use only as specified in Article VI and described in Article IX, § 550-57, of this chapter. TND-1 is consistent with the design principles of traditional neighborhoods, and uses an alternative set of standards for mixed-use development for new or infill construction on a minimum amount of contiguous land. TND-1 encourages and promotes:

[1] A diversity of uses, dwelling unit types, lot sizes and open spaces in a compact arrangement that promotes internal and external pedestrian circulation.

[2] New development which respects the building types found in Newtown Borough.

[3] A quality for neighborhoods that enhances the identity of Newtown Borough as an authentic and livable community.

[4] A range of development intensities most appropriate to the immediate neighborhood context, recognizing decreasing intensities and commercial activity that are more distant from the Borough's commercial core.

(2) Applicability of other codes and ordinances.

(a) A TND-1 use is considered land development in accordance with the Pennsylvania Municipalities Planning Code. An application for TND-1 use shall comply with all applicable requirements of the Pennsylvania Municipalities Planning Code and other applicable ordinances adopted by Newtown Borough.

(b) Zoning ordinance. Unless otherwise allowed by this Subsection D, TND-1 shall comply with all applicable provisions of this chapter, including without limitation all area and dimensional requirements listed for each of the specific zoning districts where TND-1 applies. If there is a conflict between this chapter's requirements and provisions of this TND-1 Subsection D, the provisions of this subsection shall apply.

(c) Subdivision and land development. Unless otherwise permitted by this Subsection D, TND-1 shall comply with all applicable provisions of Chapter 486, Subdivision and Land Development, including without limitation the submission of all required documents in accordance with the requirements of Chapter 486, Subdivision and Land Development. If there is a conflict between the design standards of Chapter 486, Subdivision and Land Development, and those of this TND-1 Subsection D, the provisions of this subsection shall apply.

(d) Stormwater management. Unless otherwise required by this Subsection D, TND-1 shall comply with all applicable provisions of Chapter 473, Stormwater Management.

(e) Historic District standards. TND-1, or portions thereof, located in the designated Historic District shall comply with all applicable provisions of Chapter 314, Historic Districts. The allowances set forth in Articles IV and VII of Chapter 486, Subdivision and Land Development, for submission requirements for concurrent review by the Borough's Historic Architectural Review Board during the formal application process shall apply.

(3) Development standards and uses.

(a) Uses permitted.

[1] The following uses are permitted:

[a] Single-family detached dwelling.

[b] Two-family detached dwelling (twin/duplex).

[c] Townhouse/attached dwelling.

[d] Multifamily dwelling (apartment-style unit).

[e] Residential conversion.

[f] Home occupation (Types 1 through 4).

[g] Bed-and-breakfast.

[h] Commercial or trade school.

[i] Business or professional office.

[j] Community center.

[k] Financial establishment.

[l] Inn.

[m] Library or museum.

[n] Medical office.

[o] Municipal office.

[p] Parking structure.

[q] Performing arts center.

[r] Repair shop.

[s] Restaurant (including accessory outdoor dining).

[t] Specialty convenience/retail.

[u] Village retail or service business.

[v] Nonresidential accessory structure.

[w] Residential accessory structure.

(b) The minimum tract area permitted for TND-1 is two acres.

(c) A minimum of 20% of the gross acreage of a TND-1 site shall remain or be developed as open space. Open space may include natural steep slopes, wetlands, landscaped stormwater management facilities (such as rain gardens, vegetated swales and berms, subsurface infiltration beds), parks, plazas, recreation areas and other formal and informal open-air areas for active and passive use by the public.

[1] At least 20% of the minimum required open space shall be contiguous and remain in natural condition or be developed as pervious surface.

[2] No more than 30% of the minimum required open space shall be developed as impervious surface.

[3] At least 20% of the minimum required open space shall meet the definition requirements for green space.

(d) TND-1 shall incorporate mixed-use development and mixed-use buildings. Nonresidential uses at the street level combined with dwelling units on upper floors are encouraged so that a diversified and coordinated arrangement of mixed uses can be provided.

[1] TND-1 shall focus first on building type and second on uses within the building.

[2] Residential and nonresidential use shall each comprise at least 20% of the gross tract acreage exclusive of the area of existing perimeter street rights-of-way.

[3] The total street level floor area of nonresidential development shall not exceed 50% of the gross building area of a TND-1 site, excluding enclosed parking facilities.

(e) When a preliminary plan for a TND-1 site is submitted, the lots shall be configured and designated by use as either residential, listing all dwelling unit types; nonresidential, including mixed-use development; or open space.

[1] Any future development on an individual lot, and any future use in an individual building, shall conform to the use designated on the approved preliminary plan.

[2] No dwelling units shown on the approved preliminary plan shall be converted to nonresidential use.

(f) Table of Regulation - TND-1.

[1] The use regulations, dimensions, lot coverages and all other underlying zoning requirements of this chapter shall apply, unless superseded by the following requirements for uses permitted in TND-1 or as permitted by § 550-14D(4)(a)[3].

[Amended 11-10-2020 by Ord. No. 773]

[a] Minimum lot area - single-family detached and two-family detached dwelling: 6,000 square feet per dwelling unit.

[b] Minimum lot area - townhouse/attached dwelling: 3,000 square feet per dwelling unit.

[c] Minimum lot area - nonresidential use: 10,000 square feet.

[d] Minimum lot area - multifamily dwelling: total area of all dwelling units multiplied by 1.45.

[e] Maximum impervious surface coverage: 60% per site.

[f] Maximum building coverage: 50% per site.

[g] Minimum lot width at street line - single-family detached dwelling: 50 feet.

[h] Minimum lot width at street line - two-family detached dwelling: 30 feet per dwelling unit.

[i] Minimum lot width at street line - townhouse/attached dwelling: 25 feet per dwelling unit.

[j] Minimum lot width at street line - multifamily dwelling: 100 feet.

[k] Minimum lot width at street line - nonresidential use: 50 feet.

[l] Maximum building height - all uses: 35 feet. Exception: stair and elevator enclosures, light poles on upper deck of parking structures.

[m] Minimum front yard setback - single-family and two-family detached dwelling: 20 feet.

[n] Minimum front yard setback - townhouse/attached dwelling: five feet.

[o] Minimum front yard setback - multifamily dwelling: 20 feet.

[p] Minimum front yard setback - nonresidential use: 20 feet.

[q] Minimum side yard setback - all uses: 10 feet.

[r] Minimum rear yard setback - single-family and two-family detached dwelling: 25 feet.

[s] Minimum rear yard setback - townhouse/attached dwelling: 20 feet.

[t] Minimum rear yard setback - multifamily dwelling: 20 feet.

[u] Minimum rear yard setback - nonresidential use: 20 feet.

[v] Maximum front yard build-to-line - all uses: 25 feet.

[w] Minimum distance between buildings - multifamily dwellings: 20 feet.

[x] Minimum distance between buildings - nonresidential uses: 20 feet.

[y] Maximum number of multifamily dwelling units per building: 16 units.

[z] Maximum length of a single structure containing multifamily dwellings: 120 feet.

(g) Construction and phasing.

[1] No construction or preconstruction site work may commence until a final land development plan is approved.

[2] If the development is to be constructed in phases, the entire development shall be fully described and defined on the approved preliminary land development plan. Each phase shall be so planned that all applicable requirements of this Subsection D shall be fully complied with at the completion of construction for that phase.

[3] If the development is constructed in phases, the impervious surface coverage and building coverage for each completed phase shall not exceed the amounts assigned to that phase on the approved final land development plan.

[4] Upon completion of the full project, the total amount of impervious surface coverage and building coverage for all phases shall not exceed the total as calculated and shown on the approved final land development plan.

(4) Design standards.

(a) General buildings (residential, nonresidential and mixed-use)

[1] Design standards for residential and nonresidential structures specified in the Borough ordinances shall apply, unless superseded by this Subsection D.

[2] The front facade of any new structure facing a public street shall not be occupied by a garage door. On-lot parking space(s) or on-lot driveway(s) are not permitted along the front of any structure. Garage entries, whether to internal, attached, or detached garages, shall be located at the rear of the principal structure.

[3] New structures shall be context-sensitive and based on existing Newtown Borough precedents. They shall incorporate size, height, scale, density, massing and setback consistent with existing buildings of Newtown Borough located within 200 feet of the proposed TND-1 site or that are on other properties adjoining the TND.

[4] Structures shall not be located within the required minimum setback lines of the applicable zoning district, except as permitted by Subsection D(4)(b)[6].

[5] A structure greater than one story shall clearly delineate the level between each floor of the structure through belt courses, cornice lines, fenestration, or other similar architectural detailing.

[6] Attached structures within the same block shall maintain consistent cornice lines with other structures of the same height.

[7] Doorways, windows and other openings in the facade of a structure shall be proportioned to reflect pedestrian scale and movement, and to encourage interest at the street level. Windows and doors on the front facade of a structure should create lines of sight between the structure and the street.

[8] Blank windowless walls shall not be permitted along public street frontages.

[9] Where solid walls are required by building codes, the wall shall be articulated by providing minor recesses or projections in building surfaces intended to emulate window rhythm.

[10] Building materials shall be similar to those of the surrounding neighborhood structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility.

[11] Preservation and adaptive reuse of existing historic structures are encouraged.

[12] Areas for snow storage shall be provided or the applicant shall propose an acceptable snow removal plan and receive formal approval for its implementation from the Borough.

[13] Bicycle racks and dedicated bicycle storage space shall be provided.

(b) Nonresidential buildings.

[1] The architectural features, materials and the articulation of a nonresidential structure shall be continued on all sides visible from a public street. The front facade shall not be oriented to face directly toward a parking lot or parking structure.

[2] A nonresidential or mixed-use building located within a mixed use development shall be similar in size, height, scale, density, massing and setback to those new and existing buildings near or adjacent to it.

[3] The facade of a structure shall be divided into distinct modules no longer than 75 feet. Divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

[4] A nonresidential structure shall provide window openings, doors, or other treatments sufficiently transparent to provide visibility into its interior. These elements shall have a similar degree of transparency compared to other buildings within a two-block proximity of the proposed structure.

[5] Automobile drive-up windows shall not be permitted except for fee transactions within a parking structure.

[6] Up to 5% of the total frontage of nonresidential structures may incorporate awnings, colonnades, arcades, pergolas and other non-fully enclosing post- or column-supported cover structures which project over the sidewalk.

(c) Residential buildings.

[1] Except for multifamily dwellings, residential structures shall have a covered front porch, portico or stoop on the front facade of the structure. Minimum width shall be four feet. Minimum depth shall be six feet for porches and porticos and four feet for stoops.

[2] The main entrance of a structure shall face the street and be clearly articulated through the use of architectural detailing.

[3] Placement of windows and door entrances shall optimize privacy of residents and minimize infringement on the privacy of adjoining land uses.

[4] Natural stone or brick walls not exceeding four feet in height may be used to connect dwelling units to garages at the ends (external portion) of a group of attached units so that a continuous wall is formed. Ornamental fencing not exceeding four feet in height may be used to separate yard spaces of internal adjoining units to enhance privacy.

(d) Streets, alleys and sidewalks.

[1] Unless otherwise provided by this Subsection D, streets and sidewalks shall comply with all applicable provisions of Chapter 486, Subdivision and Land Development.

[2] Alleys shall provide vehicular access to the side or rear of two or more properties.

[a] Alleys serving two-way traffic shall have a cartway of 18 feet; increase width to 26 feet to accommodate parallel parking on one side.

[b] Alleys serving one-way traffic shall have a cartway of 14 feet; increase width to 22 feet to accommodate parallel parking on one side.

[c] Minimum curb radii for alley-to-street and alley-to-alley intersections shall be 20 feet.

[3] Closed street systems, cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard facing a public or private street) are prohibited.

[4] The street network shall include sidewalks on both sides of the street. Alleys facing public entrances to nonresidential structures shall have sidewalks on at least one side.

(e) Parking and driveways.

[1] Parking shall be provided for private automobiles based on safety, convenience, pedestrian and vehicular circulation and proximity of public parking and public transportation.

[2] Parking facilities and driveways shall not be the dominant feature of the site's design and/or the streetscape as viewed from the streets within and surrounding a TND.

[3] The overall parking plan may provide a combination of off-street and on-street spaces within a TND-1. On-street parking and effective arrangements for shared parking are encouraged.

[4] A parking lot shall be located to the rear or side of a structure. If located at the side, the parking shall be screened through the use of natural stone or brick walls, ornamental fencing, or landscaping. Walls, fencing, and landscaping shall not exceed four feet in height.

[5] Parking lots or parking structures shall provide an area sufficient to allow not less than one bicycle parking space for every 10 motor vehicle parking spaces.

[6] Garages shall be accessed from alleys or service drives; curb cuts along streets shall not be permitted to directly access garages.

[a] Where a paved nonparking apron is provided perpendicular to an alley, the front of the garage shall be at least six feet from the edge of the alley.

[b] Where a paved parking apron is provided perpendicular to an alley, the front of the garage shall be at least 18 feet from the edge of the alley.

[c] Where a paved parking apron is provided parallel to an alley, the front of the garage shall be at least eight feet from the edge of the alley.

(f) Off-street loading and trash disposal.

[1] All nonresidential loading areas and docks shall be located to the rear of buildings. Loading docks shall not be visible from public streets. All loading areas and docks shall be recessed at least 25 feet from residential property lines.

[2] Outdoor stocking, storage or display of materials shall not be permitted.

[3] Trash storage/disposal areas for nonresidential uses and multifamily dwellings shall be located within buildings or a completely screened and secured exterior area located to the side or rear of the building. All such areas shall be recessed at least 25 feet from residential property lines, and at least 10 feet from a perimeter property line of the site.

(g) Streetscapes and streetscape amenities.

[1] Where blocks are created without streets, but where buildings opposite each other face a pedestrianway, the typical width between building frontages shall be provided in the range from 100% to 200% of the building height of the highest building along that pedestrianway.

[2] Amenities such as street furnishings, signs, cluster mailboxes, lighting, and landscaping shall be designed and oriented to pedestrian use, and to create opportunities for interaction among neighbors in common pedestrian circulation areas.

[3] Main gates, arches, monuments, marquee-type signs, or other physical devices intended to visually separate or distinguish the TND-1 or any portion(s) thereof from the surrounding area shall be subject to approval of the Borough in accordance with Subsection D(4)(g)[4] below.

[4] A comprehensive sign program that establishes a consistent sign theme shall be required for the entire TND-1 site. Signs shall share a common style (e.g., size, shape, material). In a mixed-use development, all signs shall be wall signs or projecting signs mounted perpendicular to the building face. Any other signage, such as main gates, arches, monuments, marquee-type signs, or other signage, shall be consistent with the character of similar structures found in Newtown Borough.

[5] Streetlighting shall be provided along all streets and alleys. Streetlights shall be installed on both sides of the street and at least one side of an alley at intervals recommended for the fixtures selected. Streetlighting design shall meet the minimum standards developed by the Illumination Engineering Society (IES) and are subject to review and approval by the Borough Engineer.

(h) Other requirements.

[1] TND-1 sites shall be served by public water and sewer utilities.

[2] Electric transformers, water and gas metering equipment, communications and security equipment, and other utility or service equipment shall be installed in underground vaults or boxes or within a completely enclosed building.

E. Traditional neighborhood development (TND-2). A combination of single-family detached dwellings, two-family dwellings, multifamily dwelling - apartment style dwellings, townhouse - single-family attached-style dwellings, and/or residential conversions designed to promote a mixture of housing types in a traditional neighborhood development style.

[Amended 2-12-2011 by Ord. No. 711]

(1) The purpose of a traditional neighborhood development is to allow the optional development and redevelopment of land in Newtown Borough consistent with the design principles of traditional neighborhoods. A traditional neighborhood is compact; designed for the human scale; provides a mix of housing styles, types and sizes; incorporates a system of streets and sidewalks with existing streets and sidewalks if possible that offer multiple routes for motorists, pedestrians, and bicyclists; retains existing buildings with historical features or architectural features that enhance the visual character of Newtown Borough; incorporates significant environmental features into the design; and is consistent with Newtown Borough's Comprehensive Plan.

(2) The traditional neighborhood development use is an alternative set of standards for development within Newtown Borough for new or infill development of a minimum amount of contiguous land.

(3) A traditional neighborhood development is permitted by conditional use only as specified in Article VI hereof. An application for a traditional neighborhood development shall include a plan with the contents required by this chapter and Chapter 486, Subdivision and Land Development. The final plan shall be recorded with the Bucks County Recorder of Deeds Office and all conditions required by the approval of the traditional neighborhood development shall be complied with before any building permits are issued.

(4) At least 10% of the gross acreage of the traditional neighborhood development must be open space. The amount of required open space may be reduced by the area of existing buildings or structures deemed to have historic value by Newtown Borough Council that are converted into multifamily dwellings, not to exceed 20% of the required open space. At least 50% of the required open space shall be centrally located as a community green and be within a five-minute walk from at least 50% of the lots.

(5) Setbacks for all dwelling types shall respect the adjacent buildings and structures, and shall reflect the goals and principles of a traditional neighborhood design.

(6) Unless approved by Newtown Borough Council upon a showing of undue hardship, dwelling units in a traditional neighborhood development shall be serviced by a rear or side alley, and have attached or detached garages (residential accessory structures) located to the rear of the dwelling unit. The setback provisions of § 550-14C(2)(b)[4] shall not apply to a garage serviced by an alley, and the residential accessory structure may be located as close to or on the lot line as necessary to permit the alley to service the garage. Appropriate easements, in a form approved by Newtown Borough Council, shall be recorded for all lots to permit access and/or maintenance to the garages.

(7) No portion of the front facade of any dwelling unit in a traditional neighborhood development shall be occupied by a garage door, unless the dwelling unit is created in an existing building or structure. On-lot parking spaces are prohibited in the front of any dwelling unit, and on-lot parking spaces are prohibited to the side of any dwelling unit unless approved by Newtown Borough Council upon a showing of undue hardship.

(8) Cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard toward a public or private street) are prohibited in a traditional neighborhood development.

(9) Architectural standards. All structures within a traditional neighborhood development shall be designed to protect and preserve the character of the area. A variety of architectural features and building materials are required to give each building or group of buildings a distinct character, unless otherwise approved by Newtown Borough Council. New and existing structures should follow complementary designs. The proposed architectural styles, building scale, design, materials of the buildings and structures with proposed building elevations and pictures (including dimensions of building height and width, and facade treatment) shall be submitted. Newtown Borough Council may direct an applicant to meet informally with an ad hoc committee comprised of members of various Newtown Borough boards and/or commissions and/or other community members to review and make recommendations on the proposed architectural standards.

(10) A traditional neighborhood development proposal shall be subject to covenants, conservation easements, restrictions or agreements that will influence use and maintenance of the proposed traditional neighborhood development. All such provisions shall be approved by the Newtown Borough Council and shall be recorded in the Bucks County Recorder of Deeds Office.

(11) Use of existing historic buildings for dwellings in a traditional neighborhood development: Newtown Borough encourages the adaptive reuse of existing buildings and/or structures deemed by Newtown Borough Council to have historic value for conversion to dwelling purposes.

(12) When more than two dwelling units are connected side by side in one structure, they should have staggered building front facade setbacks between the dwelling units. The staggering of the setbacks shall not exceed 30 inches.

(13) Table of regulations.

Minimum site area[14]		5 acres
	Maximum density of net buildable site area (per acre)	7.5 units
	Minimum lot area - single-family detached dwelling	3,000 square feet
	Minimum lot area - 2-family dwelling per unit	2,000 square feet
	Minimum lot area - townhouse - single-family attached-style dwelling per unit	2,000 square feet
	Minimum lot area - multifamily dwelling - apartment style dwelling	2,000 square feet per dwelling unit
	Minimum open space required(a)	10% of site
	Maximum impervious ratio per site	60%
	Maximum impervious ratio per lot	70%
	Minimum lot width per dwelling at building setback line	25 feet
Maximum building height
	Any principal residential dwelling	35 feet
	Any residential accessory structure	20 feet
Minimum yards (setback)
	Front yard(b)	4 feet
	Side - single-family detached dwelling(c)	10 feet
	Side - 2-family; multifamily (all types)	10 (at end of row units only)
	Rear	20 feet

NOTES:
(a)	The amount of required open space may be reduced as provided in Subsection E(4) above.
(b)	Front facades of residential structures in a traditional neighborhood development shall be close to the sidewalks. The front facade of any principal residence shall be no further than 10 feet from the area designated for the sidewalk.
(c)	One side yard setback for a single-family detached dwelling may be reduced to five feet, provided that a reciprocal access easement is recorded for both lots.

[14] Note: Site area can include contiguous areas split by existing streets; otherwise the site must be a whole or single parcel.

§ 550-15 Prohibition on outdoor sales from temporary vending vehicles.

[Amended 7-16-2025 by Ord. No. 806]

There shall be no selling or offering for sale of any goods, wares or merchandise outside an enclosed building from temporary vending vehicles, such as carts, or otherwise moveable stands, except as may be otherwise permitted by this chapter or as otherwise provided by Chapter 340. Sales or distribution of items from other types of vending machines are subject to the vending machine regulations of this chapter.