[Ord. 158, 3/9/1977]
1.
For the purpose of this chapter, certain terms and words are herein
defined. Words used in the present tense include the future; the singular
includes the plural, and the plural, the singular; the word "person"
includes an individual, corporation, partnership, incorporated association
or other similar entity.
2.
The following definitions are frequently cross-referenced with other
words of similar meaning. The term "Supervisors" shall always mean
the "Board of Township Supervisors of Northampton Township." The term
"Planning Commission" shall always mean the "Planning Commission of
Northampton Township." The term "County Planning Commission" shall
always mean the "Bucks County Planning Commission." The term "municipality"
or "Township" shall always mean the "Township of Northampton, Bucks
County, Pennsylvania."
[Ord. 158, 3/9/1977; as amended by Ord. 209, 5/9/1984; by Ord. 294, 8/9/1989; by Ord. 329, 5/8/1991; by Ord. 350, 9/9/1992; by Ord. 356, 1/4/1993; by Ord. 404, 1/24/1996; by Ord.
412, 10/9/1996; by Ord. 442, 12/9/1998; by Ord. 443, 12/9/1998;
by Ord. 452, 5/26/1999; by Ord. 501, 12/8/2004; and by Ord. 561, 4/25/2012]
As used in this chapter, the following terms shall have the
meanings indicated:
A space with a surface slope not exceeding one to 50 (2%)
in all directions, not less than eight feet wide and not less than
18 1/2 feet long, with an adjacent access aisle not less than
five feet wide which is part of an accessible route of travel to a
building or facility entrance.
A continuous, unobstructed path connecting all exterior accessible
elements and spaces of a building or facility, including parking access
aisles, curb ramps, crosswalks or vehicle ways, walks, ramps and lifts.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
An area divided into lots and bounded by three or more streets.
A strip of land, a mound or berm planted and maintained in shrubs, bushes, trees, grass or other ground cover material and within which no structure or building shall be authorized except a wall or fence which meets Township requirements as contained in the Zoning Ordinance [Chapter 27]. (See also § 22-615, Subsection 6D, of this chapter.)
Any structure having enclosing walls and a roof and requiring
a permanent location on the land.
PRINCIPAL BUILDINGThe main building on a lot or any building that is not an accessory building.
ACCESSORY BUILDINGA subordinate building, the use of which is customarily incidental to that of the main building and which is used for an accessory use and is located on the same lot.
The area of a lot within the building lines, bounded by the
required yards. Where there is no required yard, then "building area"
shall be the area of a lot bounded by the lot lines.
The area of a lot or parcel which is covered by main and/or
accessory buildings.
A line parallel to the lot line a distance measured perpendicular therefrom as prescribed in the Zoning Ordinance [Chapter 27] for a required yard. Where there is no required yard, then the lot line shall be the building line.
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.
The improved portion or paved portion of a street located
between the right-of-way lines and generally used for vehicles.
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.
The long-range Comprehensive Plan for the Township, prepared
in accordance with the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq.
A dead-end street with a vehicular turnaround at the dead
end.
An excavation; the difference in vertical elevation between
a point on the surface of original ground and a point on the final
grade; or the material removed in excavation.
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.
The term "net density" shall mean the maximum number of permitted
dwelling units of a single type or in combination of dwelling unit
types, where permitted, for any net site area.
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.
See "storm drainage facility," "swale" and "watercourse."
An improved surface for vehicular access to a lot or parcel
of land.
Any building or portion thereof which is designed for and/or
occupied as, in whole or in part, a home or residence for one or more
persons. It shall not be deemed to include hotels, boarding- or rooming
houses, institutional homes and residence clubs.
ONE-FAMILY DWELLINGA detached building occupied by one family only.
TWO-FAMILY DWELLINGSA detached building occupied by two families only, independently of each other, including:
DOUBLE HOUSEA detached building containing two dwelling units attached side to side, with separate entrances and separated by an unpierced party wall.
DUPLEXA detached building containing two dwelling units, one above the other, each having a separate entrance.
MULTI-FAMILY DWELLINGA building containing three or more separate dwelling units and not exceeding 35 feet in height.
TOWNHOUSE UNIT OR STRUCTUREA multi-family dwelling consisting of at least three and not more than 10 townhouse dwellings that are attached side by side by an unpierced party wall which shall extend through the roof of the main structure. Such dwellings shall not be constructed as back-to-back units.
GARDEN APARTMENT DWELLING UNIT OR STRUCTUREA multi-family dwelling with separate or common outside access contained in a structure having no less than three nor more than 20 such units per separate structure, with said structure not exceeding two stories, except that where due to unusual topographic conditions and under conditions of improved design, the Board of Township Supervisors may permit the use of three floors, all above or opening to grade, with no unit being more than one floor above a common entrance.
MULTIPLEX DWELLING UNIT OR STRUCTUREA multi-family dwelling designed in a manner having one or more attached walls, not exceeding six such units per structure, with each unit being located upon and having separate outside access at ground level, and with no structure exceeding two stories.
PATIO-TYPE DWELLING UNITA single-family detached dwelling for which one side lot may be substantially reduced or in which nonhabitable portions of such dwelling (garages, storage areas, etc.) may be joined at a common lot line, provided that the adjacent owner has perpetual access rights for all portions of his dwelling.
A right-of-way granted for the use of private land for a
public or private purpose.
A registered professional engineer licensed as such by the
Commonwealth of Pennsylvania.
The smallest roots of a tree, which are responsible for most
of the absorption of nutrients into the tree. Most feeder roots are
located within the top 12 inches of the soil.
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; or the material used
to make a fill.
Land within Northampton Township adjoining any stream or
adjoining any pond or lake adopted and/or designated by the Northampton
Township Board of Supervisors as derived from:
The Flood Insurance Rate Map (FIRM), Township of Northampton,
Pennsylvania, prepared by the Federal Insurance Administration of
the Federal Emergency Management Agency (FEMA), effective April 2,
2002, and any subsequent revisions.
Floodplain soils, as identified in the Soil Survey of Bucks
County, Pennsylvania, United States Department of Agriculture, Natural
Resources Conservation Service, in cooperation with the Pennsylvania
State University, College of Agricultural Sciences; the Pennsylvania
Department of Environmental Protection; the Pennsylvania Department
of Agriculture; and the Bucks County Conservation District, dated
September 2002.
The Builders' Association Floodplain Analysis as approved
by FEMA.
Soil in a current floodplain that has a flooding occurrence
greater than none. Floodplain soils shall be the following soils so
classified by the Soil Survey of Bucks County, Pennsylvania, United
States Department of Agriculture, Natural Resources Conservation Service,
in cooperation with the Pennsylvania State University, College of
Agricultural Sciences; the Pennsylvania Department of Environmental
Protection; the Pennsylvania Department of Agriculture; and the Bucks
County Conservation District dated September 2002:
Bowmansville-Knauers silt loam (Bo).
Delaware loam (DaA, DaB).
Fluvaquents (Fl).
Hatboro silt loam (Ha).
Holly silt loam (Ho).
Linden loam (Lt).
Nanticoke-Hatboro silt loam (Na).
Psamments (Ps).
Rowland silt loam (Ro).
Urban land, occasionally flooded (Ufw).
Urban land, Delaware complex (UlB).
EXISTINGThe average grade of the ground surface prior to any disturbing of the soil.
NEW OR FINISHEDThe resulting level of the ground after the final grading where there is a cut and after normal settlement where there is a fill.
Surfaces that do 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 classified as impervious
surfaces.
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.
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.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space between or among
two or more existing or prospective occupants by means of or for the
purpose of streets, common areas, leaseholds, condominiums, building
groups or other features.
A subdivision of land.
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.
Any tract or parcel of land held in single or separate ownership which is or may be occupied by a main building and its accessory uses or buildings, if any, together with the open space required by the Zoning Ordinance [Chapter 27]. No part of a lot which is also a part of a public street or alley shall be included in determining the area of the lot. A lot, for the purpose of this chapter, may or may not coincide with a lot of record.
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 tines from both streets and shall not be less than 120 feet along any building setback line.
INTERIOR LOTA lot with side lot lines which do not abut a street.
THROUGH LOTAn interior lot, the front line and rear line of which abut upon streets.
REVERSE FRONTAGE LOTAny 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.
MULTI-ROAD FRONTAGE LOTFor 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 "reverse frontage lot" above.
The area contained within the property lines of the individual
parcels of land shown on a subdivision plan or required by this chapter,
excluding any area within an existing or proposed street right-of-way
or any area required as open space under this chapter, and including
the area of any easements.
AVERAGE LOT AREAThe 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.
LOT AREA PER DWELLING UNITThe quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot, calculated to the nearest whole number.
BUILDABLE LOT AREAThe portion of a lot bounded by required yards as set forth in Figure 22-2-1 of this chapter.
The horizontal distance between the front lot line and the
rear lot line, measured along the median of the side lot lines.
FRONTThe line abutting the street. In the case of lots abutting more than one street in any of the residential districts only, dwellings shall front on 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 22-2-1 of this chapter.
SIDEAny lot boundary line not a front lot line or a rear lot line.
REARA 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 line.
The horizontal distance between side lot lines as set forth
in Figure 22-2-1 of this chapter.
Any change or improvement to a previously approved land development
plan that involves an addition or increase to an existing building
of more than 10% of the total floor area or 250 square feet of floor
area, whichever is less, or involves the construction of a nonresidential
accessory building with more than 145 square feet of floor area.
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 building officials and code administrators, 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. It does not include recreational
vehicles or travel trailers.
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.
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.
A stone or concrete marker having a flat top with a minimum
diameter of four inches, containing a copper or brass cap or plug,
steel reinforced with one No. 4 rod and having a minimum length of
24 inches. The bottom, sides or radius shall be at least two inches
greater than the top to minimize movement caused by frost.
The site area less the area of any existing streets and of
any streets located in the site area which are to be dedicated to
the Township and less any portion of the site area which is located
in the floodplain or any portion which includes steep slopes or is
unusable for any other reason.
Land used for recreation, resources protection, amenities or buffers, which is freely accessible to all residents of a particular development or subdivision or, if dedicated and accepted by the Township, is accessible to all residents of the Township, as protected by the provisions of this chapter and the Zoning Ordinance [Chapter 27], to ensure that it remains in such uses. 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 function with regard to the particular open space, whether as parking, tennis courts or service roads. Open space does not include improvements or impervious surface coverage except where such specifically serves the open space use as noted; and further, such does not include the required yards or lots of dwelling units or roads and parking areas not associated directly with the open space use. Open space shall be left in a natural state, except in the case of specific authorized uses of open space which may require impervious surface coverage. Such impervious surfaces shall not be included in the calculation of the impervious surface ratio. Where open space is mandated by this chapter, not more than 60% of such required open space shall be comprised of a floodplain or flood hazard area; detention basin area; steep slope area (not to exceed 8%); area with a high water table; marsh area; area with shallow bedrock.
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.
FINALA complete and exact map or plan of a subdivision or land development, including all required supplementary data, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PRELIMINARYA tentative map or plan of a subdivision or land development, including all required supplementary data, in lesser detail than a final plan, showing approximate proposed street and lot layout as a basis for consideration prior to preparation of a final plan.
SKETCHA very informal sketch prepared by a developer for presentation of concepts or ideas prior to initiating a preliminary plan. A sketch plan does not constitute an official submission to the Township.
The copy of the final plan which contains the required original
endorsements and which is recorded with the Bucks County Recorder
of Deeds.
The removal of branches from a tree using proper tools and
approved cutting techniques.
Of or pertaining to any building, structure, use or activity
belonging to or affecting any duly authorized governmental body.
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.
Areas where existing public records or field surveys indicate
bedrock at depths of four feet or less below natural grade.
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.
A plan meeting the requirements of this chapter for land developments or as required by the Township Zoning Ordinance [Chapter 27].
The face of an embankment, fill or cut section or any ground
whose surface 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.
Areas where the average slope exceeds 15% and which, because
of this slope, are subject to high rates of stormwater runoff and,
therefore, erosion.
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 areas.
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. (See also "right-of-way.")
MAJOROne of two streets on which the majority of existing dwellings front, designed to carry a greater amount of vehicular traffic than the other street.
MINOROne of two streets on which the minority of existing dwellings front, designed to carry the lesser amount of vehicular traffic than the other street.
MAJOR ARTERIALA street or route specifically designed to accommodate high traffic flow and carrying generally a high percentage of through traffic.
MAJOR COLLECTORA street or route which serves as a connecting facility usually between two major arterial routes and having two or more moving lanes.
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.
RESIDENTIALA street designed to serve individual residential parcels and not generally carrying through traffic.
Anything built, constructed or erected which requires location
on the ground or attachment to something located on the land.
Any individual, copartnership or corporation (or agent authorized
thereby) which undertakes the subdivision of land, as defined herein,
as the owner, lessee or equitable owner (or agent authorized thereby)
or the land being subdivided.
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.
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 the required improvements, easement of access or the need therefor.
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 the Township Zoning Ordinance [Chapter 27].
A registered surveyor licensed as such by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
A landscape architect, registered by the Commonwealth of
Pennsylvania and designated by the Board of Supervisors to perform
the duties of arborist as herein specified.
Any living, woody plant having a diameter of three inches
or more at its thickest point, its root system and the environment
within the area defined by the outermost reaches of its branches.
A boundary line marking the outer edges of the branches of
a tree.
An area 15 feet radially from the trunk of the tree to be
retained, or the distance from the trunk to the dripline, whichever
is greater, in which no construction activity shall occur. Where there
is a group of trees or woodlands, the tree protection zone shall be
the aggregate of the protection zones for the individual trees.
The term normally applied to streetlighting uniformity by the Illuminating Engineering Society. Given a ratio, e.g., of three to one, it means that the point of lowest footcandle measurement cannot be less than 1/3 of the specified minimum average footcandle level established in Part 6 of this chapter (see § 22-617, Subsection 3, of this chapter).
A system for supplying and distributing water from a common
source to dwellings and other buildings, but generally not confined
to one neighborhood.
Storm sewers, lakes, dammed water, ponds, springs and all
other bodies or channels of conveyance of surface and underground
water.
A deeded or dedicated public or private right-of-way sometimes
used as a secondary vehicular access to land or lot.
Any area comprising one or more acres of wooded land where
largest trees measure at least six inches in diameter 4.5 feet from
the ground, or a grove of trees forming one canopy where 10 or more
trees measure at least 10 inches in diameter 4.5 feet from the ground.
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 22-2-1 of this chapter.)
REQUIRED YARDA yard between the lot line and the building line, of the dimensions required by the Zoning Ordinance [Chapter 27].
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 the Zoning Ordinance [Chapter 27].
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 the Zoning Ordinance [Chapter 27].
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 the Zoning Ordinance [Chapter 27].
Ord. 160 adopted by the Board of Township Supervisors on April 6, 1977, and such amendments thereto as are adopted from time to time thereafter [Chapter 27].
