A.
Definitions are included in order to facilitate the interpretation
of this chapter for the public, administrative purposes and the carrying
out of duties by appropriate officers, boards, committees and the
Board of Supervisors.
B.
Unless otherwise expressly stated, the following shall, for the purpose
of this chapter, have the meanings herein indicated:
(1)
Words used in the present tense include the future tense.
(2)
The word "person" includes a profit or nonprofit corporation,
company, firm, association, partnership, trust, individual, LLC, LLP,
or other entity. See the definition of "persons."
(3)
The words "used" or "occupied" as applied to any land or building
includes the words "intended," "arranged" or "designated" to be used
or occupied.
(4)
The word "building" includes "structure."
(5)
The words "Planning Commission" and the words "Township Planning
Commission" always mean the Warrington Township Planning Commission.
(6)
The words "Supervisors" and "Board of Supervisors" always mean
the Warrington Township Board of Supervisors.
(8)
The words "subdivision and land development ordinance" always
mean the Warrington Township Subdivision and Land Development Ordinance.
(9)
The words "Comprehensive Plan" always mean the Warrington Township
Comprehensive Plan, as amended.
(10)
The words "county planning commission" always mean Bucks County
Planning Commission.
(11)
The word "lot" includes the word "plot" or "parcel."
(12)
The words "should" and "may" are permissive; and the words "shall"
and "will" are mandatory and directive.
(14)
References to "Publication 408" shall include, as applicable,
Pennsylvania Department of Transportation's Publication 408 Specifications,
as amended, Form 409 Specifications, as amended, and Roadways Construction
Standards, Series RC (RC Standards), as amended.
(15)
References to "PennDOT" always mean Pennsylvania Department
of Transportation.
(16)
References to "PADEP" always mean Pennsylvania Department of
Environmental Protection.
C.
Any word or term not defined herein shall be used with a meaning
of standard language, meaning found in a standard unabridged dictionary,
or a meaning found in a relevant court case.
D.
The definitions herein and this chapter shall be interpreted in accordance
with the Pennsylvania Rules of Statutory Construction.
For the purposes of this chapter, the following words, terms,
and phrases shall have the meanings herein indicated:
A permitted building, which is incidental and subordinate
to the principal building, and on the same lot as the principal building.
A permitted use, which is incidental and subordinate to the
principal use, customarily associated with and on the same lot as
the principal use.
An area(s) of a site or lot generally flat, dry, and clear
of any trees or other vegetation other than grass and suitable for
active recreation such as baseball, football, soccer, tennis, or basketball.
An individual tenant, business, or other establishment.
Deposits of unconsolidated materials, such as gravel, sand,
silt, clay, and various mixtures of these, deposited by running water.
Any change in appearance or rearrangement in the supporting
members of an existing building, such as exterior appearance and color,
bearing walls, columns, beams, girders, building material or interior
partitions, as well as any change in doors, windows, or means of ingress
or egress, or any enlargement to, or diminution of, a building or
structure, whether horizontally or vertically; or the moving of a
building or structure from one location to another.
That portion of the gross buildable site area remaining after
subtracting the partly unusable land areas. It is the area on which
the common open space requirement is calculated.
Number of vehicles per day using a given roadway. ADT is
the total volume of traffic during a number of whole days, more than
one day and less than one year, divided by the number of days.
Structural devices or other methods that temporarily store
or treat stormwater runoff and other water sources to reduce flooding,
remove pollutants, provide for infiltration, and offer environmental
amenities.
An area bounded by streets or by a combination of streets,
parks, open spaces, or a municipal boundary line.
A body granted jurisdiction by the provisions of the PA MPC[1] to render final adjudications.
A fixed vertical column of wood, metal, or concrete extending
no less than three and a half feet above parking grade and five feet
below grade placed for purposes of controlling vehicular traffic and
protecting pedestrians.
Land area planted with trees, shrubs, ground cover, or a
combination of landscape materials, used to separate a street from
another land use or to separate one land use from another land use,
or to shield or block lights, noise, or other nuisances. A buffer
need not necessarily be adjacent to a street or to a property line
but may be necessary anywhere on the land area if the provisions of
this chapter or the Zoning Ordinance[2] so require.
Predominately evergreen landscape planting intended to provide
a visual separation between abutting properties. A screen buffer is
intended to be an impenetrable visual screen.
Mixed perimeter landscape planting intended to provide an
informal separation between abutting properties.
Any structure having a roof supported by columns, piers,
or walls, including tents, lunch wagons, trailers, dining cars, mobile
or manufactured homes, or other structures on wheels, or having other
supports, and any unroofed platform, terrace or porch having a vertical
face higher than three feet above the level of the ground from which
the building is measured. A building may include more than one dwelling
unit.
The aggregate of the maximum horizontal cross section areas,
excluding cornices, unroofed porches, paved terraces, steps, eaves,
and gutters of all buildings on a lot.
The exterior portion of a building exposed to public view
or street line.
The vertical dimension measured from the average elevation
of the finished grade at the perimeter of the building to the highest
point of the roof or perimeter walls, whichever is higher. Where buildings
have gable or hip roofs, the highest point shall be considered to
be at half the distance between the highest ridge and the lowest eave
line.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard or setback required for the district
in which the lot is located, to be measured from the street line;
the setback line.
Building in which is conducted the principal use of the lot
on which it is situated and not considered an accessory building.
Actual improved or unimproved traveling surface commonly
understood as that area set aside for the passage of motor vehicles.
Edge of cartway where no curb exists shall be defined as curb line.
Cartway widths and classifications shall be those specified in this
chapter.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the common use or enjoyment of residents of a development, not
including streets, off-street parking areas, and areas set aside for
public facilities.
Designated parking areas for more than five vehicles located
and intended for unrestricted public use for residents and patrons
and which shall be required to conform to all chapter requirements.
A use permitted in a particular zoning district in accordance
with specific standards set forth in the Zoning Ordinance[3] and pursuant to the provisions of Article VI of the PA MPC, as amended.[4] Conditional uses are allowed or denied by the Board of
Supervisors, after recommendations by the Planning Commission.
The community association that administers and maintains
the common property and common element of a condominium.
A residential street with one end open for vehicular and
pedestrian access and the other end terminating in a circular vehicular
turnaround.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter, either by reason of
the grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
Bucks County.
To completely remove a building or structure or a portion
of a building or structure.
Any landowner, equitable owner, agent of such landowner,
or tenant with the permission of such landowner who makes or causes
to be made an application for a land use under this chapter.
Includes all land development, including the construction,
reconstruction, conversion, structural alteration, change in exterior
appearance, relocation, or enlargement of any structure; excavation,
landfill, or land disturbance (including forest removal); or any use
or extension of the use of land (see also "land development").
The map or plan and related reports or documents for development
of a parcel of land, including a plot of subdivision, all covenants
related to use, location and bulk of buildings and other structures,
intensity of use or density of development, streets, ways and parking
facilities, common open space, and public facilities.
Diameter of a tree measured outside the bark at a point 4 1/2
feet above the ground.
Any ditch, swale, pipe, culvert, storm sewer, or structure
designed, intended, or constructed for the purpose of diverting surface
water from, or carrying surface waters off, streets, public rights-of-way,
parks, recreational areas, or any part of any subdivision or land
development.
A vehicular accessway connecting to a street, road, or highway.
All driveways within the legal right-of-way shall be paved with bituminous
or concrete materials conforming to Township standards.
One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with full cooking, sleeping, and full
sanitary facilities provided within the dwelling unit for the exclusive
use of a single family maintaining a household.
A grant of the specified use of a parcel of land or a portion
thereof by the property owner to a person, the public, or a corporation.
|
Figure 1. Easement Areas
 |
The lowest horizontal line of a sloping or flat roof. The
line or border where the roof of a building meets the wall.
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearings, in accordance with Section
109(3) of the PA MPC.[5]
A condition that:
A person who is employed or is engaged in gainful activity.
This term is used in parking standards of this chapter and the Zoning
Ordinance[6] as a measure of the number of parking spaces required.
It shall refer to the maximum number of employees on duty at any time,
at a place of business, whether the employees are full- or part-time,
paid or unpaid. If shifts are involved and two shifts overlap, it
refers to the total of both shifts.
A report prepared for a real estate holding that identifies
potential or existing environmental contamination liabilities.
Those portions of a site, excluding resource protection areas
which are environmentally sensitive, but the degree of sensitivity
will be dependent upon location, type of project, alternative and
mitigating protection methods, and similar parameters related to a
specific site or project. Sensitive areas which must be recognized,
evaluated, and addressed include:
Evaluation and regulation of sensitive areas shall be in accordance with criteria presented in § 305-329 of this chapter.
To build, construct, attach, hang, suspend, affix, alter,
structurally repair, remove, relocate, demolish, or renew.
The removal of surface materials by the action of natural
elements.
A place where an activity occurs. Something designed, built,
installed, etc., to serve a specific function affording a convenience
or service; transportation facilities; educational facilities; a new
research facility.
Any number of individuals living together as a single nonprofit
housekeeping unit and doing their cooking on the premises using a
single cooking facility. A "single nonprofit housekeeping unit" is
defined as common use and access to all living and eating areas, bathrooms,
food preparation and serving areas, the sharing of rent, utilities,
and other household expenses. The definition of family shall not apply
to occupants of a club, society, fraternity, sorority, association,
lodge, federation, residential club, rooming house, short-term rentals,
or life organization. The definition of family shall also not apply
to any group of individuals who are in a group living arrangement
as a result of a criminal offense or court appointment.
A structure that encloses an area or separates two or more
areas, usually constructed from wood or metal posts that are connected
by boards, wire, rails or netting. A fence does not have a solid foundation
along its entire length.
Any areas of the Township classified as special flood hazard
areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs), dated March 16, 2015, and issued
by the Federal Emergency Management Agency (FEMA), or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study; and
Any community-identified flood hazard areas as identified in Warrington Code Chapter 181.
An area or areas of special restriction in addition to those
of existing zoning based on the flood hazard areas delineated by the
100-year floodplain line and/or elevations, as established in the
Flood Insurance Study (FIS) for the Township prepared by the Federal
Emergency Management Agency, Federal Insurance Administration (FEMA/FIA),
and dated March 16, 2015, or the more recent revision thereof.
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks County, Pennsylvania, U.S. Department of Agriculture,
most recent edition, as being in the flood plain or subject to flooding.
A unit of incident light (on a surface) stated in lumens
per square foot and measurable with an illuminance meter, also known
as "footcandle" or "light meter." One footcandle is equal to one lumen
per square foot.
The lowest permitted average measurement of illumination
falling on a horizontal surface at ground level.
Woodland comprising:
GARAGE, PRIVATEA building accessory to or an integral part of a single-family or two-family dwelling, for the parking of one or more motor vehicles owned and used by the owner or tenant or a member of the household.
GARAGE, PUBLICA building, other than a private or a storage garage, one or more stories in height used for the parking of motor vehicles.
GARAGE, STORAGEA building, not a private or public garage, one story in height used solely for the storage of motor vehicles (not trucks) but not for the sale, service or repair of motor vehicles.
Parking spaces within a private garage do not count toward on-site
parking space requirements.
That portion of the gross site area remaining after subtracting
the reserved land (RL) areas and the totally unusable land (TUL) areas.
It is the area on which density calculations are based.
The total floor area designed for tenant occupancy and exclusive
use, including easements, mezzanines, and upper floors, if any, expressed
in square feet and measured from the center of joining partitions
and from outside wall faces. It is all of the area on which tenants
pay rent and may include public or common areas such as public toilets,
corridors or stairwells, elevator lobbies or enclosed mall spaces.
The total area of a lot or parcel of land prior to deduction
for the areas where building is restricted by easement, open space,
hazards, resource protection areas, and environmentally sensitive
areas, such as wetlands.
An administrative proceeding conducted by a board according
to Article IX of the PA MPC.[7]
A structure or building or portion thereof listed in the
National Register of Historic Places, the Pennsylvania Historic Resources
Survey, by the Warrington Township Historic Society, or other appropriate
documentation, or a structure seeking listing as an historic resource
from any of the above listings.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A soil that formed under conditions of saturation, flooding,
or ponding long enough during the growing season to develop anaerobic
conditions in the upper part (United States Department of Agriculture,
Natural Resources Conservation Service).
Any area(s) with surface considered to be impervious or nonpervious
such as buildings, walks, roads, parking spaces, loading areas, etc.
A surface that limits the infiltration of water into the
ground. Impervious surfaces include but are not limited to streets,
sidewalks, pavement, roofs, or driveway areas. Any surface areas designed
to be pavers, gravel, or crushed stone shall be regarded as impervious
surfaces. In addition, other areas determined by the Township Engineer
to be impervious within the meaning of this definition will also be
classified as impervious.
The percentage of a property covered by impervious surfaces.
It is calculated by dividing the total impervious coverage on a parcel
of land by the gross site area and multiplying by 100%.
Any permanent structure that becomes part of, is placed upon,
or is affixed to real estate.
A space within a structure covered by a roof and enclosed
within four permanent walls.
Clearing land of brush, stubble, scrub, trees, grass, stumps,
roots, or vegetative or other material by physical, mechanical, chemical,
or other means from a plot of land. This does not mean mowing, landscape
maintenance or pruning consistent with accepted horticultural and
arboricultural practices which does not impair the health or survival
of the trees and associated vegetation.
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, 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;
Includes forest removal, additional paving of greater than 1,000
square feet, and development of parking lots.
A subdivision of land.
Land development does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots incidental and subordinate to an existing principal
building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract, or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
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 they
are authorized under the lease to exercise rights of the landowner,
or other person having a proprietary interest in land.
An area that is covered with grass and kept mowed.
A designated parcel, tract or area of land established by
a plat, subdivision or as otherwise permitted by law, and to be separately
owned, used, developed, or built upon as a unit (PA MPC).[8]
The total area within the lot lines excluding the ultimate
right-of-way.
Deeded lot area remaining after subtracting street line and
resource protection areas from the gross lot area.
Any boundary line of a lot; a property line.
A lot or parcel of land abutting on two or more streets at
their intersection or on two parts of the same street forming an interior
angle less than 135°. Corner lots shall have two front yards,
a side yard, and a rear yard.
See "lot, improved."
See "lot, through."
A lot consisting of a flag and a staff, both held in fee
simple, which does not meet minimum frontage requirements.
|
Figure 2. Flag Lot
 |
A lot with buildings or structures.
A lot other than a corner lot.
An undeveloped, substandard lot held in single and separate
ownership from surrounding property and not meeting area or bulk or
dimensional requirements for the zone in which it is located.
A through lot with frontage on two parallel streets with
vehicular access restricted to only one of the streets.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
Through lots must have two front yards and two side yards.
The distance measured between the side lot lines at the required
front building setback line. In a case where there is only one side
lot line, lot width shall be measured between such side lot line and
the opposite rear lot line or street line.
|
Figure 3. Lot Width
 |
Notice by first-class mail of the time and place of a public
hearing and the particular nature of the matter to be considered at
the hearing in accordance with Section 109 of the PA MPC.[9]
The division of a lot, tract, or parcel of land or part thereof
into three or more lots, tracts or parcels of land which will require
improvements for the purpose, whether immediate or future, of transfer
of ownership or of building development. 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.
The Township Manager appointed as such by the Township Board
of Supervisors.
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, providing the proposed lots, tracts, or parcels of land thereby created have frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street or streets, the need for required improvements, easements or the need therefor. Any additional subdivision of a lot created within 10 years of the date of the approval of a minor subdivision shall be considered and deemed to be a major subdivision for the purposes of this chapter and shall follow the procedures as outlined in Article V, Procedure for Subdivision and Land Development.
A building intended to contain two or more land use types,
including multifamily dwellings, retail, light manufacturing, and
office uses.
A large tract of land to be developed in a planned, orderly
manner. It is designed to encourage and support a mix of land use
types.
A professional engineer licensed as such by the Commonwealth
of Pennsylvania, duly appointed as the Engineer of Warrington Township.
A lot, the area, dimension, or bulk requirements of which
was lawful prior to the adoption or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
A notice provided by the Bucks County Conservation District
to a developer once all conditions of final approval of National Pollutant
Discharge Elimination System discharges on the property have been
met.
A building located on a parcel of land with an occupancy
permit in accordance with the regulations of the Zoning Ordinance[10] and the general laws of the Township.
Area or space at ground or any floor level which is open
to the sky.
Land used for recreation, resource protection, amenities, buffers,
or transition areas which is freely accessible to all residents. It
is land protected by the provisions of the Zoning Ordinance[12] and this chapter to ensure that it remains in such uses.
Open space shall be a parcel or parcels of land, or an area of water,
or a combination of land and water on a site which are logically interrelated,
interconnected and designed for the stated use. Open space does not
include streets or rights-of-way, required yards or lot areas or parking
areas, except for parking areas designated for access to open space.
Open space shall be substantially free of structures but may contain
such improvements as finally approved as appropriate for the recreation
of the residents in the development. Open space may include environmentally
sensitive areas, unless otherwise noted below.
Open space shall consist of two types, common and active open
space:
COMMON OPEN SPACE (COS)All open space, except active open space.
ACTIVE OPEN SPACE (AOS)A parcel of land, which is generally flat, dry, and clear of any vegetation other than grass and which is suitable as an active recreation area and developed according to the Township's Comprehensive Plan standards. The recreation facilities and design of open space shall be subject to the approval of the Board of Supervisors.
DEED RESTRICTED AREASRequired open space which is contained within the deeded lot areas of individual residential lots. Deed restricted open space shall not be used to calculate the minimum lot areas required by Township ordinances; shall not be used as part of the required front, side, or rear yards; and shall be kept free of all structures which would limit or preclude the use or access of the open space areas, except for those structures or other facilities associated with storm drainage or other utilities.
DEDICATED OPEN SPACEAn area or areas dedicated in fee simple to the Township for use by all residents under the provisions of Section 503(11) of the PA MPC.[13]
DEVELOPMENT OWNERSHIP OF COMMON OPEN SPACEAreas set aside for open space use and governed by the establishment of an organization of development residents for the ownership and administration of the area.
The Warrington Township Subdivision and Land Development
Ordinance, as amended.
An area within a zoning district where different zoning provisions
may apply than are in general effect for that zoning district. Overlay
districts may be for any of those purposes set forth in Section 605
of the PA MPC, 53 P.S. § 10605.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest or ownership,
or exercising control of a designated lot, parcel, tract, or area
of land established by a plat, subdivision, or as otherwise permitted
by law, and to be separately owned, used, developed, or built upon.
A non-load-supporting wall around the perimeter and extending
above the surface of the roof.
A length of parking stalls measured along the narrow dimension
of each stall.
|
Figure 4. Parking Bay
 |
A portion of the required parking area held in reserve for
future parking expansion.
The area defined by paint stripes or some other means of
delineation which is meant solely for the occupancy by a motor vehicle.
Any structure of more than one level designed for the parking
of vehicles and which may contain access ramps. "Parking structure"
shall include the term "parking garage."
An area(s) of a site or lot designated for less energetic
activities such as woodland walks, nature study, fishing, and picnicking.
Passive recreation areas may be steeply sloped, heavily vegetated,
wet, or containing ponds or lake shores.
All walkways or sidewalks, not including street sidewalks
and walks directly accessing a building or group of buildings, and
onto which a number of walks or sidewalks converge.
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.
Trees, shrubs, ground cover, and other plantings that can
adapt and spread rapidly which disrupt native and nonnative plant
communities and ecosystems.
Trees, shrubs, ground cover, and other plantings present
in North America prior to European colonization.
Trees, shrubs, ground cover, and other plantings that were
established intentionally or accidentally with human assistance where
it was not previously found and is not necessarily invasive.
The map or plan of a subdivision or land development, whether
preliminary or final.
The back tangent point where straight alignment ends and
circular alignment begins.
The forward tangent point where circular alignment ends and
straight alignment begins.
A separate lot or tax parcel with individual frontage abutting
the street line. A premises may include more than one occupant as
in an office complex or shopping center.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining, or other lawful
use of natural resources.
Soils classified as land capability units I, II, III and
IV in the "Soil Survey of Bucks County, Pennsylvania," U.S. Department
of Agriculture, Natural Resources Conservation Service, 2002, or the
latest version.
A permitted building on a lot that is the primary, main building.
The permitted use of the principal building, or the permitted
primary activity, on a lot.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologist, land surveyors, landscape architects or planners,
in accordance with Section 107 of the PA MPC.[14]
Removal of branches from a tree using proper tools and approved
cutting techniques.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the PA MPC.[15]
Any letter, review, study, memorandum, compilation, or similar
writing made by any board, official body, officer, or consultant other
than a solicitor to any other body, board, officer, or consultant
for the purpose of assisting the recipient of such report in the rendering
of any decision or determination. All reports shall be deemed recommendatory
and advisory only and shall not be binding upon the recipient, board,
officer, body, or agency, nor shall any appeal lie therefrom. Any
report used, received, or considered by the body, board, officer,
or agency rendering a determination or decision shall be made available
for inspection to the applicant and all other parties to any proceeding
upon request, and copies thereof shall be provided at cost of reproduction,
in accordance with Section 107 of the PA MPC.[17]
That portion of the gross site area consisting of existing road and utility rights-of-way and easements; all ultimate rights-of-way for existing streets as specified herein, and/or all future street rights-of-way and other land reserved by virtue of the Official Township Map, when adopted; and all land shown on previously recorded subdivision and/or development plans as reserved from development for use as open space or resource protection. See Article V Natural Resources of the Zoning Ordinance.[18]
That portion of the gross site area which contains certain natural
resources subject to environmental limitations which must be protected
as required in the Zoning Ordinance.[19] This land includes areas of a site which are either totally
or partially unusable land as a result of the existence of certain
environmental features and includes such areas follows:
Type I streams and water bodies, as well as wetlands shall represent
totally unusable lands which cannot be developed because of the existence
of natural resources, which must be fully protected, and which are
regulated by state or federal statutes. Steep slopes and forest areas
represent partially unusable lands.
An examination of a plan to determine compliance with this
chapter, the Zoning Ordinance[20] and other pertinent requirements.
The surface of and space above and below any real property
in the Township in which the Township 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, 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.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way. For the purpose of this chapter,
ROW shall include bridges, streets and roads owned by Bucks County,
the Commonwealth of Pennsylvania, and any other Pennsylvania state
agencies.
The dividing line between a lot and the ultimate right-of-way
of a street or road or utility. See "street line."
The present legal right-of-way as established by the Commonwealth
of Pennsylvania or other appropriate governing body and currently
in existence.
The legal street; the area or public way owned or required
to be dedicated to the Township at the time of subdivision by dedication
to provide adequate width for future street improvements. That line
from which all future property setbacks are measured as shown and
described on the Township Street Name Classification Map in Appendix
B.[21]
Vegetative areas located adjacent to rivers, creeks, lakes,
springs, wetlands, or coulees that are a transition zone between the
upland and aquatic ecosystems.
A vegetated area or a buffer strip adjacent to a riparian
area that helps to shade and protect the stream from the impact of
activities conducted on adjacent land uses.
The surface water discharge or rate of discharge after a
fall of rain or snow that does not enter the soil but runs off the
surface of the land.
The surface water runoff that can be reasonably anticipated
upon maximum development of an area of the watershed located upstream
from any subject tract, as permitted by the Zoning Ordinance[22] or the Township Comprehensive Plan.
See "Subdivision and Land Development Ordinance."
A method of visually shielding or buffering one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
The area between the property line and the setback line in
which no buildings or structures are permitted except as specifically
allowed by the Zoning Ordinance.[23]
Minimum distance from the front, side and rear property lines
as determined by the standards in the applicable zoning district.
PUBLIC SEWERA sewer system owned and/or operated by the Bucks County Water and Sewer Authority in which sewage is collected from buildings from more than one lot and/or dwelling unit and piped to an approved sewage disposal system. It may also be referred to as "off-lot" or "off-site" sewer.
PRIVATE SEWERAn on-lot disposal system providing for disposal of effluent from only one building or a group of buildings on a single lot.
A facility within its own right-of-way, which is separate
from the vehicular right-of-way. Users generally include walkers,
joggers, bicyclists, in-line skaters and sometimes equestrians.
The description of a luminaire from which no direct glare
is visible at normal viewing angles, by virtue of its being properly
aimed, oriented, and located and properly fitted with such devices
as shields, barn doors, baffles, louvers, skirts, or visors.
A triangular area of unobstructed vision established at street
or commercial driveway intersections in which nothing is erected,
placed, planted, or allowed to grow in such a manner as to limit or
obstruct the sight distance of motorists entering or leaving the intersection.
Any graphic display attached, painted, or represented directly
or indirectly on a structure or other surface that shall display or
include any letter, word, insignia, flag, or representation used as
or which is in the nature of an advertisement, announcement, visual
communication or direction or which is designed to attract the eye
or bring the subject to the attention of the public.
Any plot or parcel of land or combination of contiguous lots
or parcels of land subject to land development.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are expressed
as a percentage or a ratio based upon vertical distance in feet per
100 feet of horizontal distance.
The portion of a site with a gradient in excess of 15%, excluding
man-made slopes. Man-made slopes such as cuts and fills resulting
from grading shall not be included as part of the steep slopes area.
A stormwater management structure classified as follows:
DETENTION BASINEither an aboveground or subsurface stormwater management facility that is intended to temporarily store stormwater runoff and release the stormwater at a reduced rate until the basin has completely drained.
RETENTION BASINAn aboveground stormwater management facility that is intended to maintain a permanent pond and has additional capacity to temporarily store stormwater runoff and release the stormwater at a reduced rate until the water level reaches the permanent pool elevation.
INFILTRATION BASINEither an aboveground or subsurface stormwater management facility that is intended to infiltrate all or some of the runoff entering the facility into the ground.
A system or facility designed to manage stormwater runoff
to provide reductions in the peak rate and volume of runoff leaving
the site and/or improve water quality of the runoff leaving the site
by reducing pollutants such as sediment and nutrients. The Pennsylvania
Best Management Practices Manual provides guidelines and recommendations
for designing and maintaining various types of stormwater management
facilities.
The part of a building located between a floor and the floor
or roof above. The first story of a building is the lowest story having
75% or more of its wall area above grade level.
Any stream, channel, or stream protection area for conveyance
of surface water, whether natural or artificial, with perennial or
intermittent flow. Streams shall be classified as follows:
TYPE IArea along a water conveyance facility supported by stormwater runoff from a watershed area of 50 acres or more. The width of each stream shall be determined by the more extensive limits of the following:
FLOODPLAINOne-hundred-year flood line and/or elevations as delineated in the Flood Insurance Study for Warrington Township, as prepared by the U.S. Department of Housing and Urban Development/Federal Insurance Administration, and as identified by the up-to-date Flood Insurance Rate Maps (FIRMS) dated March 16, 2015, issued by the Federal Emergency Management Act (FEMA), or the most recent revision thereof.
Alluvial soils.[25]
CALCULATED FLOOD LIMITLine and/or elevations as established by analysis of the drainage areas using approved USDA Soil Conservation Service or U.S. Corps of Engineers methods for 100-year frequency storm event and as identified by the up-to-date Flood Insurance Rate Maps (FIRMS) dated March 16, 2015, issued by the Federal Emergency Management Act (FEMA), or the most recent revision thereof.
TYPE IIArea along a water conveyance facility supported by stormwater runoff from a watershed area of less than 50 acres. The width of each stream shall be determined by the more extensive limits of the following:
Alluvial soils.[26]
CALCULATED FLOOD LIMITSLine and/or elevation as established by analysis of the drainage area using approved USDA Soil Conservation Service or U.S. Corps of Engineer's methods for a 100-year storm event and as identified by the up-to-date Flood Insurance Rate Maps (FIRMS) dated March 16, 2015, issued by the Federal Emergency Management Act (FEMA), or the most recent revision thereof.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct, and any other ways used or intended to be
used by vehicular traffic or pedestrians whether public or private
and also providing access to abutting properties.
Portions of a lot abutting on a public street or street line.
The dividing line between a lot and the ultimate right-of-way.
See "right-of-way line."
A street that has never been built or opened but is shown
on an approved plan, subdivision plat, tax map, or Official Map.
A street that provides access to a public street and is not
intended for dedication to the Township or other government entity.
A vehicular way which is built to Township standards by a
developer or federal, state, county, or Township government or governmental
agency and dedicated to the Township.
A combination of materials constructed or erected in a deliberate
manner on or under the ground, attached to something having a permanent
location on or under the ground, or any man-made object having an
ascertainable stationary location on or in land or water. A structure
does not include physical improvements that are flush with the ground
such as sidewalks and driveways.
The current Warrington Township Subdivision and Land Development
Ordinance, as amended.
Warrington Township, Bucks County, Pennsylvania.
A professional engineer registered by the Commonwealth of
Pennsylvania designated by the Supervisors to perform the duties of
a Township Engineer.
Travel routes that are designed, designated, or constructed
for recreational hiking use or provided as a pedestrian alternative
to vehicular routes within a transportation system.
Space along all Type I streams, Type I water bodies, natural
watercourses, all wetlands, and any floodplains thereof, along with
associated alluvial soils which serve to protect the water resource
from the impacts of development. A setback of 100 feet parallel to
a Type I stream where no building is permitted and minimal land disturbance
is allowed.
The line marking the outer edge of the branches of the tree.
The area radial to the trunk of a tree in which no construction
shall occur. The TPZ shall be 15 feet from the trunk of the tree to
be retained, or the distance from the trunk to the dripline, whichever
is greater. When there is a group of trees or woodlands, the TPZ 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 in a ratio, e.g., of three to one, it means that the point of lowest footcandle measurement cannot be less than one third of the specified minimum average footcandle level established in § 305-317 of this chapter.
Any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a parcel of land.
Those services rendered by public utility corporations, municipalities,
or municipal authorities, including but not limited to electricity,
gas, telephone, television, water, and sewerage, including the appurtenances
used in connection with the supplying of such services (buildings,
wires, pipes, poles, and the like).
A building or structure and its equipment used for the transmission
and exchange of telephone, gas, electricity, sewer, and water facilities;
provided, however, that in a residential district, these shall not
include business facilities, generation or treatment facilities, the
storage of materials, trucks or repair facilities, or the housing
of repair crews.
A modification allowed to a specific requirement of this
chapter, granted only in accordance with the provisions of the PA
MPC.[28]
A structure that encloses an area, generally made out of
masonry or stone, that has a solid foundation along its entire length.
Body of water, either natural or artificial, such as a lake,
pond, etc., which retains surface water year-round and has a normal
water level in excess of six inches in depth. Water bodies shall consist
of the following types:
TYPE IWater body with one acre or more of standing water. The limit of this water body as regulated by this chapter shall be the top of bank, or a minimum horizontal dimension of five feet from the maximum water surface elevation.
TYPE IIWater body with less than one acre of standing water, as defined above.
Structure that alters, regulates, and controls the flow of
water for outlets of lakes, basins, ponds and reservoirs.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas. Wetland
areas demonstrate hydric characteristics of soils, vegetation, and/or
water table as specified by the United States Army Corps of Engineers
and the PADEP. Wetlands shall be of two types:
CONNECTED WETLANDSShall be those which are adjacent to, or in close proximity to Type I or Type II streams, or have a common surface therewith, such that they drain into such streams at any time.
GEOGRAPHICALLY ISOLATED WETLANDSShall be those which are not adjacent to or in close proximity to streams and therefore do not ultimately drain into navigable or tidal waters.
An area between the property line and the setback line where
no buildings or structures are permitted except as specifically provided
for in the Zoning Ordinance.[29] The following types of yards are hereby established:
FRONT YARDAll areas which abut streets are front yards. The area of land, across the full width of the lot, extending from the street line to the nearest structure of the lot, exclusive of steps, overhanging eaves, gutters, or cornices.
SIDE YARDThe area of land extending from the required front yard to the required back yard, except as provided for accessory buildings, extending from the side line of the lot to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters, or cornices. The width of the side yard shall be measured at right angles to the side line of the lot.
REAR YARDThe area of land, the full width of the lot except as provided for sheds, extending from the rear line of the lot to the nearest structure on the lot, exclusive of steps, overhanging eaves, gutters, or cornices. The depth of the rear yard shall be measured at right angles to the rear line of the lot or if the lot is not rectangular, then in the general direction of the side yard line.
|
Figure 5. Yard
 |
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10601 et seq.
[5]
Editor's Note: See 53 P.S. § 10109(3).
[7]
Editor's Note: See 53 P.S. § 10901 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10109.
[11]
Editor's Note: See 53 P.S. § 10401 et seq.
[13]
Editor's Note: See 53 P.S. § 10503(11).
[14]
Editor's Note: See 53 P.S. § 10107.
[15]
Editor's Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: See 53 P.S. § 10107.
[21]
Editor's Note: Appendix B is included as an attachment to this chapter.
[24]
Editor's Note: See 53 P.S. §§ 10601 et
seq., and 10901 et seq.
[25]
Editor's Note: See defintion of "alluvial soils."
[26]
Editor's Note: See defintion of "alluvial soils."
[27]
Editor's Note: See 53 P.S. §§ 10601 et
seq., and 10901 et seq.
[28]
Editor's Note: See 53 P.S. § 10101 et seq.
