Definitions. Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings indicated in this Part:
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure to the principal building
on a lot which is customarily incidental to the principal building
and utilized as an accessory use on the lot occupied by the principal
building.
ACCESSORY USE
A subordinate use of a portion of a lot which is customarily
incidental to the main or principal use of land or of the building
or structure on a lot.
ACTIVE OPEN SPACE (see also OPEN SPACE)
Includes areas devoted to planned recreation uses such as
ballfields, basketball courts, tennis courts, swim clubs, playgrounds,
tot lots, etc., which are provided for active recreational activity.
Such spaces shall be designed to be used by the various segments of
the community, be located conveniently and designed to be safely used.
ADULT USES
A.
ADULT COMMERCIAL STORE, ESTABLISHMENT OR SHOPany establishment having as a substantial or significant portion of its stock-in-trade obscene matter for publication, display or exhibition or for sale, distribution, rental or viewing on premises by use of motion-picture devices or any other coin-operated means, or any establishment with a segment or section thereof devoted to the publication, display, exhibition, sale, rental, distribution or viewing on premises of obscene matter, to which access is limited to persons 18 years of age or older.
B.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators or similar entertainers, or a similar establishment, to which access is limited to persons 18 years of age or older.
C.
ADULT MOVIE HOUSEAn enclosed building used regularly and routinely for presenting, displaying or exhibiting obscene matter for observation by patrons therein, or a similar establishment, to which access is limited to persons 18 years of age or older.
D.
OTHER ADULT USEAny business, activity or use similar to or of the same general nature as the uses listed above.
AGRICULTURE or AGRICULTURAL
The cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture, forestry and animal husbandry in accordance with the
rights and privileges established by the Commonwealth of Pennsylvania.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
BASEMENT
Any story or level of a building having its floor below ground
level on all sides.
BLOCK
An area of land divided into lots and bounded by three or
more streets.
BOARDINGHOUSE
A building or portion thereof containing not more than one
dwelling unit, if any, where meals and lodging are provided for persons
not residing in the dwelling unit.
BUFFER AREA
A strip of land, a mound or berm planted and maintained in
shrubs, bushes, trees, grass or other ground cover material within
which no structure or building shall be authorized except a wall or
fence which meets Township requirements as contained in this chapter.
BUILDING
Any structure having enclosing walls and roof and permanently
located on the land.
C.
BUILDING SETBACK LINEA line parallel to the lot line a distance measured perpendicular therefrom as prescribed by this chapter for a required yard.
D.
BUILDING COVERAGEThat percentage of the plot or lot area that can be covered by buildings and/or structures, with the exception of the following: parking areas, driveways, roads, sidewalks, swimming pools, and any areas in concrete or asphalt that are constructed on grade.
E.
BUILDING AREAThe area of a lot within the building lines, bounded by the required front, side and rear yards.
BUILDING SITE OR LOT
A single parcel of land occupied or intended to be occupied
by a building or structure; a "building site" shall be synonymous
with lot or parcel of land. Under certain provisions of this chapter,
a building site can be considered to contain more than one building
or structure depending upon ownership and tract development.
CARTWAY or PAVEMENT
The improved portion or paved portion of a street or high-way,
located between the right-of-way lines and generally used for vehicles.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at intersections defined by
lines of sight between points at a given distance from the intersection
of street center lines.
CLUB
A voluntary, nonprofit incorporated or unincorporated association
or an organization or association of persons who meet or live together
for a purpose of a social, literary, scientific or political nature
or some other common object, such as the pursuit of good fellowship.
CLUSTER-DESIGNED SUBDIVISION
A method of developing land for residential use utilizing certain performance standards including, but not limited to, provision for an open space ratio, density, impervious surface ratio and other standards as set forth in this chapter, in addition to certain dimensional requirements as set forth in this chapter. "Cluster-designed subdivisions" allow the grouping or clustering of dwelling units, permitting more flexible designs. The subdivision as a whole must meet all prescribed standards for open space, density, impervious surfaces and other requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter
22].
CO-LOCATION
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF or utility or light pole.
COMMERCIAL VEHICLE
Any means of conveyance as defined as such in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 102, as amended: bus, combination,
farm vehicle, limousine, semitrailer, special mobile equipment, taxi,
trailer, truck and wrecker. Commercial vehicles are classified as
follows:
A.
Type I. Commercial vehicles that are 25 feet in length or less,
possess a registered gross vehicle weight rating of 14,000 pounds
or less and have two axles or fewer. Trailers having a registered
gross vehicle weight rating of 10,000 pounds or less also shall be
considered Type I commercial vehicles.
B.
Type II. Commercial vehicles that are greater than 25 feet in
length, exceed a registered gross vehicle weight rating of 14,000
pounds or have more than two axles. A trailer having a registered
gross vehicle weight rating of more than 10,000 pounds shall be included
in this classification.
COMPREHENSIVE PLAN
The Comprehensive Plan of 2018 of Northampton Township, as
amended, as prepared in accordance with the Pennsylvania Municipalities
Planning Code requirements.
[Amended by Ord. No. 611, 8/25/2021]
CONDITIONAL USE
A use permitted in a particular zoning district by the Board of Supervisors, subject to specific standards and criteria established in Part
9 of this chapter and pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
CUT
An excavation; the difference in vertical elevation between
a point on the surface of original ground and a point on the final
grade; the material removed in excavation.
DAY CAMP
A facility used for vacationers and/or children with organized
and supervised recreational facilities such as swimming, horseback
riding, etc., with no boarding of patrons.
DECK
A flat roofless platform used for recreational purposes,
resembling the flooring of a ship, constructed of wood or similar
materials, that adjoins a building; sometimes referred to as a "sun
deck."
DENSITY
A measure of the intensity of use of a parcel of land. It
shall be expressed in dwelling units per acre. The measure is arrived
at by dividing the number of dwelling units by the net site area.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations, the subdivision
of land and the storage of materials or equipment.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
DISTURBANCE OF VEGETATIVE GROUND COVER
The removal, destruction or damaging of plants, including
trees, grasses, shrubs and flowers, by methods including, but not
limited to, cutting, grading, filling, bulldozing, plowing, regrading,
digging or widespread use of herbicides.
DRAINAGE FACILITY
Any ditch, gutter, pipe, culvert, swale, storm sewer or other
structure designed, intended or constructed for the purpose of diverting
surface waters from, or carrying surface waters off, streets, public
rights-of-way, parks, recreational areas or any part of any subdivision,
land area or contiguous land area.
DRIVEWAY
An improved surface for vehicular access to a lot or parcel
of land.
DWELLING
Any building or portion thereof which is designed for and
occupied in whole or in part as a residence for one or more persons.
It shall not be deemed to include hotels, boarding or rooming houses,
tourist homes, institutional homes, residential clubs, motor courts
and the like.
A.
APARTMENTA multiple dwelling with separate or common outside access contained in a building having no less than three or more than 20 dwelling units.
B.
ATRIUM HOUSEA single-family attached dwelling with two or more of the building walls set on the side and rear lot lines and with walls set on the remaining side and rear lot lines to form a private outdoor enclosure.
C.
DUPLEXA detached building containing two dwelling units, one above the other, each having a separate entrance.
D.
MULTIPLE DWELLINGAny building designed or occupied for dwelling purposes by three or more families, without regard to the proprietorship of the building or the lot containing the building.
E.
MULTIPLEXA multiple dwelling within a building having yards on all sides and containing three to six dwelling units, with each dwelling unit being located upon and having separate outside access at ground level, with no building exceeding two stories.
F.
PATIO HOUSEA single-family detached or semidetached dwelling with one of the building walls set on one of the side lot lines and with additional walls or fences set on the remaining side and rear lot lines to form a private outdoor enclosure.
G.
SINGLE-FAMILY ATTACHED DWELLINGA single-family dwelling attached, side by side, by an unpierced party wall to another such dwelling and having separate outside access at ground level.
K.
TOWNHOUSEA single-family attached or semidetached dwelling within a multiple dwelling building, with only one dwelling unit from ground to roof and no more than two walls of each dwelling unit in common with other such dwelling units.
L.
TWIN HOUSEA single-family semidetached dwelling within a two-family dwelling building, with only one wall in common.
N.
ZERO LOT LINE HOUSEA single-family detached dwelling which has a wall, located on or along a side lot line, containing neither doors nor windows.
O.
SENIOR CITIZEN COTTAGEA zero lot line dwelling with a height not to exceed 25 feet and which may include no more than 500 square feet of floor area within its second story and with no restrictions on the placement and/or location of doors or windows along the outside walls.
DWELLING UNIT
Any room or group of rooms located within a residential building
and forming a single habitable unit with facilities which are used
or are intended for living, sleeping, cooking or eating by one family.
EASEMENT
A right-of-way granted for the use of private land for a
public or private purpose.
EMERGENCY
A condition that (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
ENGINEER
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
FAMILY
One person, or two or more persons related by blood, foster
relationship, marriage or adoption, and in addition, any domestic
servants or gratuitous guests thereof, or a group of not more than
five persons who need not be so related, and in addition, domestic
servants or gratuitous guests thereof, who are living together in
a single, nonprofit and nontransient dwelling unit and maintain a
common household with single cooking facilities. A roomer, boarder,
lodger, or other transient person shall not be considered a member
of the family.
FARM OR AGRICULTURAL RETAIL SALES
The sale of farm products, produce, meat products, seed and similar farm production items within the Agricultural-Residential (A-R) Zoning District, provided that the following conditions apply: it is an accessory use to an existing farm or agricultural use; it is operated and maintained by the owners of the property; it has been approved as part of a conditional use application or it is has been classified as a preexisting nonconforming use; and it meets the general criteria specified under §
27-302, Subsection
1B(1), of this chapter.
FARM or FARM UNIT
A tract or parcel of ground not less than five acres in size
which is used for agriculture, tilling of the soil, raising of livestock,
horses or poultry, for landscape nursery stock, tree farms and similar
traditional farming operations.
FARM STAND
A roadside display area utilized for farm or agricultural
sales, which may include the sale of farm products, produce, meat
products, seed and similar farm production items. All such facilities
shall be typically utilized as a temporary or portable structure,
which shall be operated and maintained by the owners of the property.
FCC
Federal Communications Commission.
FENCE
A barrier constructed of materials other than shrubbery and
erected for the purpose of protection, confinement, enclosure or privacy.
FILL
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface, including the conditions resulting therefrom; the difference
in elevation between a point on the original ground and a designated
point of higher elevation on the final grade; the material used to
make a fill.
FLOOR AREA
The sum of the area(s) of a floor or the several floors of
the building or structure, including areas used for human occupancy
or use, basements and attics, as measured from the exterior faces
of the walls. It does not include cellars, unenclosed porches, attics
not used for human occupancy or any floor space in an accessory building
or in the main building intended or designed for the parking of motor
vehicles in order to meet the parking requirements of this chapter
or any such floor space intended and designed for accessory heating
and ventilating equipment.
FLOOR AREA RATIO
Determined by dividing the floor area(s) of a building by
the building area and expressed as a decimal.
FOREST
Areas, groves or stands of 10 or more largely mature trees
with a continuous canopy and covering an area of 3/4 of one acre or
larger. Mature trees are those which are greater than six inches caliper,
except for dogwoods and other small species which shall be considered
mature when the caliper is two inches or more. The forest area shall
be measured from the dripline of the outer trees and shall encompass
the associated intermediate layers in these areas, including the understory
shrubs and smaller trees, the ground layer of herbaceous plants and
the forest floor.
FORESTRY
The clearing, cutting or harvesting of timber resources within
forested or wooded areas, including commercial logging operations,
and coordinated with a reforestation program. Forestry does not include
authorized clearing in accordance with plans approved pursuant to
this chapter, the issuance of a building permit nor removal of sick
or dead trees.
FRATERNITY OR SORORITY HOUSE
A building or portion thereof containing not more than one
dwelling unit, if any, where lodging is provided, with or without
meals, for a student organization formed chiefly for social purposes
having secret rites and a name consisting of Greek letters.
GARAGE, NONRESIDENTIAL
An attached or detached building or structure designed and
intended for the storage or parking of vehicles or for the storage
of equipment, machinery, boats, airplanes and/or other accessory components
of the principal non-residential use.
GARAGE, RESIDENTIAL
An attached or detached building or structure for the storage
or parking of vehicles or for the storage of equipment, machinery,
boats and/or other accessory components of the principal residential
use.
GRADE, EXISTING
The average grade of the ground surface prior to any disturbing
of the soil.
GRADE, FINAL
The resulting fixed level of the finished plane of ground
along any building facade or structure, habitable or otherwise. The
average final grade is determined by the average finished ground level
abutting the building or structure at all exterior walls. When the
finished ground level slopes away from the exterior walls, the average
final grade shall be established by the lowest points within the area
between the building or structure and the perimeter line six feet
from the building or structure.
GUESTHOUSE (BED-AND-BREAKFAST)
A detached dwelling where, in addition to its use as a single-family residence, its use is permitted for the accommodation of transient guests. Guests are provided with a room with sleeping accommodations and may be provided with breakfast. Such an establishment is not a motel, motor hotel or rooming house as enumerated in §
27-502, Subsection
2B(3), of this chapter.
HEIGHT OF BUILDING
The vertical distance from the average final grade to the
top of the highest roof beams of a flat roof or the mean level of
the highest gable or slope of a hip roof on a building. Any additional
nonhabitable structure placed, constructed or erected on top of a
building or attached thereto shall be subject to the height of structure
limitation of this chapter. Farm silos, farm grain elevators, church
spires, chimneys, skylights, air-treatment or similar equipment, elevator
shafts, belfries and cupolas are not subject to the height limitations
of a building, but shall be subject to the height limitations of a
structure.
HEIGHT OF STRUCTURE
Freestanding or otherwise, shall be measured from the lowest,
final exterior grade immediately abutting said structure to the highest
vertical point of said structure.
HELIPORT
Any landing area used exclusively for the takeoff and landing,
storage, maintenance and general operation of rotary-winged aircraft,
but excluding all fixed-wing aircraft and all lightweight aircraft,
such as ultralights. A heliport is permitted only when approved as
a conditional use within the I-1 Planned Industrial/Office District.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
C.
Individually listed on the Commonwealth of Pennsylvania inventory
of historic places, pursuant to an historic preservation program which
has been approved by the Secretary of the Interior.
D.
Individually listed on the Township of Northampton inventory
of historic places, pursuant to an historic preservation program which
has been certified by either:
(1)
An approved program of the Commonwealth of Pennsylvania as determined
by the Secretary of the Interior.
(2)
The Secretary of the Interior directly.
HOME OCCUPATION
An occupation conducted within a room or rooms of a single
family detached dwelling which is clearly secondary and customarily
incidental to the residential use. Such occupation shall be limited
to attorneys, accountants, architects, engineers, physicians, psychologists,
psychiatrists, dentists, teachers, artists, musicians, telephone calling
services, residential day-care home.
HOUSE TRAILER
A vehicle designed for human habitation, not equipped with
running water or bath facilities or flush toilet or appropriate sanitary
connections.
IMPERVIOUS SURFACE
A surface that does not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks and any areas in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the Township Engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces. The surface area of pools shall not be considered for the
purpose of impervious surface calculation.
IMPERVIOUS SURFACE RATIO
A measure of the intensity of use of a parcel of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the net site area.
IMPROVEMENT
Those physical additions, installations and changes required,
such as streets, curbs, sidewalks, parking areas, water mains, streetlights,
sewers, drainage facilities, public utilities, recreational areas
and any other physical changes deemed appropriate by the Township,
to render land suitable for the use proposed.
JUNKYARD
An area of land, less than five acres, with or without buildings,
used for the storage outside of a completely enclosed building of
used, salvaged or discarded materials, house furnishings, machinery,
vehicles or parts thereof, with or without dismantling, processing,
salvage, sale or other use or disposition of the same. The deposit
or storage of two or more motor vehicles not having valid inspection
stickers issued by the Pennsylvania Department of Transportation or
of two or more wrecked or broken vehicles or the major parts of two
or more such vehicles shall be deemed to make the lot a junkyard.
LAKES AND PONDS
Natural or artificial bodies of water 1/4 acre or larger
which retain water year-round. Artificial ponds may be created by
dams or result from excavation. The shoreline of such water bodies
shall be measured from the spillway crest elevation, rather than permanent
pool, if there is any difference.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure. Said group shall not include the addition of a residential
accessory building or a farm building on a lot or lots subordinate
to an existing principal building.
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
LESSOR
Any person who grants a lease for the use of his real estate
or portion thereof, who owns and/or operates a transient dwelling,
and/or who otherwise permits the use of his real estate or portion
thereof.
LIVESTOCK
One or more animals commonly raised on farms in this area,
such as horses, fowl, poultry, fur-bearing animals, cows, steers,
sheep, goats and pigs and grazing animals. "Grazing animals" shall
include animals such as buffalo, llamas and camels.
LOT
Any tract or parcel of land held in single or separate ownership
which is or may be occupied by a main building or buildings and its
accessory uses or buildings, if any, together with the open space
required by this chapter. No part of a lot which is also a part of
any public or private street, or public or private street right-of-way,
shall be included in determining the area of the lot. A lot, for the
purpose of this chapter, may or may not coincide with the lot of record.
For any permanent flag lot, as defined herein, the access strip of
flag stem connecting the main portion of the lot with any public or
private street or right-of-way shall not be included in determining
the area of the lot.
A.
CORNER LOTA lot abutting upon two or more streets at their points of intersection or a lot with two or more connected sides which abut upon a street or streets, the interior angle being not more than 135°. In all districts, for all uses, including cluster-designed subdivisions, corner lots shall have full front building setback lines from both streets and shall not be less than 120 feet along any building setback line.
C.
FLAG LOTAn interior, unconventional lot for a single-family detached dwelling which has direct access to a public or private street by way of a minimum thirty-foot-wide simple access strip. No part of the flag stem or access strip shall be included in determining the area of the flag lot. No building or structure shall be permitted in any portion of the flag stem or access strip. The front building setback line of the required front line shall be measured only from the interior front line and not from the street line or right-of-way line. A flag stem or access strip providing access to a flag lot may not exceed 300 feet in length as measured from the street right-of-way to the interior front lot line.
LOT (MULTI-ROAD FRONTAGE)
For a lot which has three or more road frontages, two frontages
will be considered front yards for the purposes of setback calculations,
and additional frontages will be calculated as specified in the definition
for "lot, reverse frontage," below.
LOT AREA
The area contained within the property lines within the individual
parcels of land shown on a subdivision plan or required by this chapter,
excluding any area required as open space under this chapter and including
the area of any easements. No portion of a flag lot stem or access
strip shall be included in determining the area of any flag lot or
such type of a lot as permanent. "Lot area" shall not include any
area designated as right-of-way. (See definition of "flag lot.")
LOT AREA AVERAGE
The average lot area for all lots within a cluster subdivision,
determined by dividing the aggregate lot areas by the total number
of proposed dwelling units. (See definition of "flag lot.")
LOT AREA PER DWELLING UNIT
The quotient obtained by dividing the total lot area by the
total number of dwelling units to be located on such lot; it shall
be calculated to the nearest whole number.
LOT DEPTH
The horizontal distance between the front lot line and the
rear lot line, measured along the median of the side lot lines.
LOT LINE, FRONT
The line abutting the street; in the case of lots abutting
more than one street in any of residential districts only, dwellings
shall front the minor or lesser street. Before a lot can be considered
to abut a street, it must have at least 30 feet of frontage on said
street as set forth in Figure 27-2-1 of this Part. The front lot line
for a flag lot shall be the interior front lot line and not the street
line.
LOT LINE, REAR
A lot line which is opposite and most distant from the front
lot line or, in the case of irregular or triangular lots, a line at
least 20 feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
LOT LINE, SIDE
Any lot boundary line not a front lot line or a rear lot
line.
LOT WIDTH
The horizontal distance between side lot lines as set forth
in Figure 27-2-1 of this Part.
LOT, BUILDABLE AREA OF
The portion of a lot bounded by required yards as set forth
in Figure 27-2-1 of this Part.
LOT, REVERSE FRONTAGE
Any lot in which both the front lot line and rear lot line
abut upon streets or State highways; a through lot. In any such case,
the rear building line shall be established 75 feet from the center
line of the roadway and parallel to that center line.
MATTER
Any book, magazine, pamphlet, newspaper, story paper, comic
book or other printed or written material or any picture, drawing,
photograph, film, slide, movie, motion picture, videocassette or other
visual representation, image or pictorial representation, or any statue
or other figure, or any record, cassette tape, reel-to-reel tape or
compact disc, or any recording, transcription or mechanical, chemical
or electrical reproduction, or any other articles, paraphernalia,
equipment, machines or materials.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered 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.
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered 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.
MINOR SUBDIVISION
The division of a single lot, tract or parcel of land into
two lots, tracts or parcels of land for the purpose, whether immediate
or future, of transfer of ownership or of building development, provided
that the proposed lots, tracts or parcels of land thereby created
have frontage on an improved public street or streets; and, provided
further, that there is not created by the subdivision any new street
or streets, the need for required improvements, easements of access
or the need therefor.
MIXED DWELLING DEVELOPMENT
A subdivision or land development in which mixed residential
dwelling types are encouraged in order to promote sound land planning
and to provide a mixture of housing choices.
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 again being separated
for repeated towing, which has been approved and certified at the
factory by the International Code Council, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation. For floodplain management
purposes, the term includes park trailers, travel trailers, recreational
vehicles and other vehicles which are placed on a site for more than
180 consecutive days.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home dwelling.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennae and connecting appurtenances.
MUNICIPAL USE
Municipal Township buildings, recreation buildings, municipal
use by the Township of Northampton and the Northampton, Bucks County,
Municipal Authority including, but not limited to, retention basins,
water and sewer systems, including wells, pump houses, standpipes,
treatment plants and ancillary structures.
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. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or any amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use of land or a structure which does not comply with the
applicable use provisions of this chapter or any amendment to such
chapter hereafter enacted, where such use was in lawful existence
prior to the adoption of this chapter.
OBSCENE MATTER
Any matter:
A.
Which the average person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interests.
B.
Which explicitly depicts or describes patently offensive representations
or descriptions of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated.
(2)
Masturbation, fellatio, cunnilingus, beastiality, excretory
functions or lewd exhibition of the genitals or genital area.
(3)
Violent or destructive sexual acts including, but not limited
to, human or animal mutilation, dismemberment, rape or torture.
C.
Which, when considered as a whole, lacks serious literary, artistic,
political, educational or scientific value.
OPEN SPACE
A contiguous area of land, containing at least two acres, used for recreation, resource protection, amenities or buffers, which is freely accessible to all residents of a particular development or subdivision or, if dedicated, is accessible to the public, as protected by the provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter
22], to ensure that it remains in such uses and is protected from future development. Such open space may include improvements and impervious surface coverage to the extent that such is an element of the particular open space use and serves a related function, whether as parking, tennis courts or service roads. "Open space" does not include.
A.
Nonrecreational structures, streets or street rights-of-way.
B.
Improvements or impervious surface coverage except where such
specifically serves the open space used as noted.
C.
The required yards, minimum separation distances between buildings
or lots of dwelling units.
D.
No more than 10% of the area to be used for permanent erosion,
sedimentation control and stormwater management facilities.
E.
Open space shall include a public or private golf course. In
the case of private courses, the open space use and restrictions shall
be in accordance with plan approval by the Board of Supervisors.
[Added by Ord. No. 599, 10/24/2018]
OPEN SPACE RATIO
A measure of the intensity of land use. It is arrived at
by dividing the total amount of open space within the site by the
site area.
PARKING
The temporary storage of a vehicle for a continuous period
of time not exceeding 72 hours. Continuity of a single period shall
not be considered broken or terminated unless the vehicle shall have
been removed from a lot for a period of at least 24 consecutive hours.
PARTY WALL
A fire wall used or adopted for joint service between two
buildings or portions thereof.
PASSIVE OPEN SPACE
Includes all open space used as buffers, parks, picnic areas,
conserved woodlands, open areas or stream valley, lakes, ponds, bicycle,
hiking or nature trails and areas, and site area not devoted to planned
recreation, subject to the exclusions contained in the definition
of "open space." Required yard areas for any use shall not be counted
as passive open space.
PATIO
A recreation area that adjoins a building which is often
paved and especially adapted for outdoor dining.
PERSONS
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided, that "person" does not
include or apply to the Township or to any department or agency of
the Township.
PLAN or PLANS
Refer to Northampton Township Subdivision and Land Development Ordinance [Chapter
22] for description of plans, including sketch, preliminary, final and record plans.
PRESERVED AREA
Land used for one or more of the following uses in the Agricultural-Residential
District:
A.
Agriculture, including tilling of the soil, raising of livestock,
horses or poultry, nursery and/or tree farm.
B.
Commercial greenhouses, mushroom houses, feed lots, confinement
of livestock or poultry operations taking place in structures or enclosed
pens, riding academies, livery or boarding stables or kennels, subject
to the limitations of the Code of Northampton Township, and provided
that such uses are situated not less than 200 feet from any street
line or property line.
C.
Farm and/or agricultural retail sales at roadside stands, subject
to the limitations of the Code of Northampton Township.
D.
Single-family detached dwelling for the sole use of the property
owner, immediate family members of the property owner and persons
engaged in agricultural employment on the property. Immediate family
members shall be limited to parents, grandparents, siblings, sons,
daughters, grandsons and granddaughters, subject to the limitations
of the Code of Northampton Township.
E.
Passive or active recreation; provided, however, that any form
of active recreational use shall be on a nonprofit basis unless said
preserved area is dedicated to Northampton Township.
PUBLIC
Of or pertaining to any building, structure, use or activity
belonging to or affecting any duly authorized governmental body.
PUBLIC NOTICE
A notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of hearing.
QUASI-PUBLIC
Churches, Sunday schools, parsonages and other related functions,
hospitals and other institutions of an educational, religious, charitable
or philanthropic nature.
RECREATIONAL VEHICLE
A licensed vehicular unit primarily designed as temporary
living quarters for recreational, camping or travel use which either
has its own motive power or is mounted on or drawn by another vehicle
including a camping trailer, travel trailer, house trailer, slid-in
camper and motor home. House cars with a length of less than 20 feet
shall not be included within this definition.
RESIDENTIAL DAY-CARE HOME
A facility licensed by the Commonwealth of Pennsylvania in
which care is provided for one or more children at any one time where
the child-care areas are being used as a family residence.
RESTAURANT
A place of business wherein food is prepared, processed and
consumed within a structure on the premises or where food products
sold within said structure are to be taken from the premises for consumption
elsewhere.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township or Commonwealth has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, or any other public place, area or property under the control
of the Township or Commonwealth, and any unrestricted public or utility
easements established, dedicated, platted, improved or devoted for
utility purposes, but excluding lands other than streets that are
owned by the Township or Commonwealth. The phrase "in the right(s)-of-way"
and means in, on, over, along, above and/or under the right(s)-of-way.
ROOMING HOUSE
A building or portion thereof containing not more than one
dwelling unit, if any, where lodging is provided without meals for
persons not residing in the dwelling unit.
SANITARY SEWAGE DISPOSAL, PUBLIC
A sanitary sewage collection system managed and operated
by a public authority in which sewage is carried from individual lots
by a system of pipes to a central treatment and disposal plant.
SCHOOL, PRIVATE
A privately administered institution or school whose curriculum
is licensed and/or approved by the Pennsylvania Department of Education.
SCHOOL, PUBLIC
A school maintained at public expense for the education of
the general citizenry of the community or district as part of the
system of public education.
SENIOR CITIZEN HOUSING
A multiple dwelling containing units designed for independent
living and occupied by families with one or more individuals who shall
be at least 55 years of age. This use shall not include a convalescent
or nursing home.
SHALLOW BEDROCK
Areas where existing public records or field surveys indicate
bedrock at depths of four feet or less below natural grade.
SHOPPING CENTER
A group of five or more commercial establishments with an
aggregate of more than 10,000 square feet of floor area that is planned,
managed and operated as a single property with on-site parking. Not
less than 60% of the total floor area shall be used for retail stores
and outlets, general merchandise stores and personal service uses.
SITE
A parcel or parcels of land being considered or to be considered
for subdivision or land development purposes or for purposes of zoning,
upon which one or more buildings are intended.
SITE AREA
All land area within the site as defined in the deed or deeds.
Actual area shall be from a survey rather than from a deed description.
Site area shall not include any previously dedicated public right-of-way.
SLOPE
The face of an embankment, fill or cut section; any ground
surface which makes an angle with the plane of the horizon. Slope
is expressed as a percentage, based upon the vertical difference in
feet per 100 feet of horizontal distance.
SPACE BETWEEN BUILDINGS
The shortest distance between two buildings regardless of
orientation, unless otherwise defined as to orientation in the regulations
for specific types of structures.
SPECIAL EVENT
Any gathering of people, held outdoors or in a temporary
building or structure; conducted by a person or other recognized legal
entity for common or collective use, amusement or benefit; including,
but not limited to, a carnival, sideshow, fair, flea market, exhibition,
traveling show, parade, fireworks display, lecture, religious ceremony
or similar educational, recreational or sporting event. The following
uses and activities shall not be included under this definition:
A.
Noncommercial recreational uses or events customarily incidental
and subordinate to a permitted use, such as intramural or interscholastic
sports at a school.
B.
Garage or yard sales, or similar commercial activities for private
gain.
C.
Private social functions not exceeding 500 persons.
D.
Activities otherwise protected under the Constitution of the
United States.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennae and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flag poles and light poles.
STEEP SLOPES
Areas where the average ground slope exceeds 15% and which,
because of this slope, are subject to high rates of stormwater runoff
and therefore erosion.
STORAGE
The placement of a vehicle or other item on a lot for a continuous
period of time exceeding 72 hours.
STREET
A public or private right-of-way, deeded or dedicated for
public use, 50 feet or more in width, which provides a means of access
for vehicles or pedestrians. The term street shall include "road,"
"highway" and "thoroughfare." Existing streets of less than 50 feet
in width which existed prior to this chapter shall be recognized as
a legal street.
A.
STREET, MAJOROne of two streets on which the majority of existing buildings or existing dwellings front, designed to carry a greater amount of vehicular traffic than the other street.
B.
STREET, MINOROne of two streets on which the minority of existing buildings or existing dwellings front, designed to carry the lesser amount of vehicular traffic than the other street.
C.
STREET, MAJOR ARTERIALA street or route specifically designed to accommodate high traffic flow and generally carrying a high percentage of through traffic.
D.
STREET, MAJOR COLLECTORA street or route which serves as a connecting facility usually between two major arterial routes and having two or more moving lanes.
E.
STREET, LOCAL MINOR COLLECTORA street which serves the function of moving locally generated traffic from the interiors of neighborhood areas to the major collector streets and arterial streets.
F.
STREET, RESIDENTIALA street designed to serve individual residential parcels and not generally carrying through traffic.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. (See Township Building Code [Chapter
5, Part
1].)
STRUCTURE
Anything built, constructed or erected with a fixed location
on the ground or attached to something having a fixed location on
the ground.
STRUCTURE, DECORATIVE
A structure not regulated herein and not intended for human
occupancy or use, not to be placed in the right-of-way or in easements;
decorative structure shall include birdbaths, trellises, doghouses;
driveway markers or property markers, not in excess of 10 feet in
length in any one direction, nor higher than five feet.
SUBDIVISION
A.
MAJORThe division of a lot, tract or parcel of land or part thereof into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. A two-lot subdivision is a major subdivision when it does not meet the stipulations of a minor subdivision.
B.
MINORThe division of a single lot, tract or parcel of land or part thereof into two lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the proposed lots, tracts or parcels of land thereby created have frontage on an approved public street; and provided, further, that there is not created by the subdivision any new street or the need for required improvements, easement of access or the need therefor.
C.
CLUSTER-DESIGNEDA method of developing land for residential use utilizing certain performance standards, including but not limited to provision for an open space ratio, density, impervious surface ratio and other standards, in addition to certain dimensional requirements as set forth in this chapter.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 20% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 20% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. This term does not,
however, include either:
A.
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the code enforcement officials and which
are the minimum necessary to assure living conditions.
B.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's designation as an historic structure.
SUBSTANTIALLY CHANGE
(1) Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless communications facility may exceed the size limits set forth
herein if necessary to avoid interference with existing antennas;
or (2) any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
SURVEYOR
A registered surveyor licensed as such by the Commonwealth
of Pennsylvania.
SWALE
A low-lying stretch of land which gathers or carries surface
water runoff.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
TOWNSHIP
Northampton Township, Bucks County, Pennsylvania.
TRANSIENT DWELLING
A dwelling unit in which between six and 16 persons who are
not considered a family live together and maintain a common household
with single cooking facilities.
UNDEVELOPABLE
Land or property which is not suitable for building purposes
due to but not limited to flooding, a persistent high water table,
steep slopes, erodible soil, floodplain soil, marsh area, shallow
bedrock, poorly drained soils or for other reasons.
UNIFORM CONDOMINIUM ACT
An Act of the Commonwealth of Pennsylvania adopted July 2,
1980, by P.L. 286, No. 82, Section 1, 68 Pa.C.S.A. § 3101
et seq.
UTILITY TRAILER
A trailer defined as a Type I commercial vehicle associated
with the hauling of a boat or other conveyance.
WATER DISTRIBUTION SYSTEM, PUBLIC
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
WATERCOURSE
Storm sewers, lakes, dammed water, ponds, springs and all
other bodies or channels of conveyance of surface and underground
water.
WAY/LANE
A deeded or dedicated public or private right-of-way sometimes
used as a secondary vehicular access to land or lot.
WETLANDS
An area inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted to life in saturated soil conditions, including swamps, marshes,
bogs and similar areas. The term includes, but is not limited to,
wetland areas listed in the State Water Plan, the United States Forest
Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal
Zone Management Plan and wetland areas designated by a river basin
commission.
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennae, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
YARD
An open space at grade between a yard line and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. (See
Figure 27-2-1 of this Part.)
A.
REQUIRED YARDA yard between the lot line and the building line of the dimensions required by this chapter.
B.
REQUIRED FRONT YARDA yard across the full width of the lot, extending from the front lot line to the front building line as prescribed in this chapter.
C.
REQUIRED SIDE YARDA yard between the required front and rear yards, extending from the side line of the lot to the side building lines as prescribed in this chapter.
D.
REQUIRED REAR YARDA yard across the full width of the lot, extending from the rear lot line to the rear building line as prescribed in this chapter.
Figure 27-2-1
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