This chapter is enacted to promote, protect and facilitate the health, safety, morals and general welfare of the community of Bensalem Township through each of the following objectives: coordinated community development; property population densities; adequate civil defense; reduced congestion of roads and highways; protection of property; conservation of the value of buildings; vehicle parking and loading space; safety from fire, flood, panic and other dangers; prevent obstruction of streams and waterways; adequate light and air; adequate provision for transportation, water, sewerage, schools, public grounds; protection of natural resources as further expresses in section 232-2 of this article, and encouragement of the most appropriate use of land, in accordance with the 2002 Bensalem Township Comprehensive Plan, which sets forth the community development objectives and is a comprehensive plan for Bensalem Township through 2012, and in accordance with the Bensalem Township Official Map.

In pursuit of these objectives, this chapter shall regulate within Bensalem Township the use of all land, and the use, height, area, and yard requirements of every structure or portion thereof erected or altered, and every use within or accessory to such structure.

(Ord. No. 96-05, Art. I(100), 6-3-96; Ord. No. 2009-05, 6-22-09; Ord. No. 2015-10, § I, 12-22-15)

It is the further purpose of this chapter that its interpretation and enforcement shall endeavor to preserve and protect the natural resources of Bensalem Township in a manner consistent with the recommendations set forth by the 1999 Bucks County Natural Resources Plan; specifically, that this chapter shall:

(1)

Sustain and restore the health and abundance of land, water, air, and significant natural features through effective planning, regulation and management of our natural resource base;

(2)

Ensure sound utilization of restrictive soils and geological formations, steep slopes and floodplains through appropriate land use planning and site development constraints;

(3)

Guide the orderly development of land, mineral and energy resources with responsible environmental practices through long range planning and judicious land use controls.

The objective performance requirements of this chapter shall therefore be interpreted and enforced so as to best meet these objectives. This chapter shall further identify and classify those areas deserving of special environmental protection, with such regulations superseding and in addition to any other applicable regulation of this chapter.

(Ord. No. 96-05, Art. I(101), 6-3-96; Ord. No. 2009-05, 6-22-09)

Any lawful existing structure and the lawful existing use of such structure or land not in conformity with this chapter shall be regarded as nonconforming. Nonconforming use shall mean a use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter or any amendment heretofore or hereinafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation. Nonconforming structures and uses are permitted subject to section 232-581.

(Ord. No. 96-05, Art. I(102), 6-3-96)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience and general welfare of Bensalem Township. Where the provisions of this chapter impose greater restrictions than those of any other statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any other statute, ordinance or regulation impose greater restrictions than, or prohibitions in addition to, this chapter, such other statute, ordinance or regulation shall be controlling. Nothing contained in the provisions of this chapter shall be interpreted or construed to permit discrimination against any person who suffers from a "handicap" as that term is defined in Section 3602(h) of the Fair Housing Act [42 U.S.C. Section 3602(h)] and is protected as such from discrimination under the provisions of Section 3604(f) thereof [42 U.S.C. Section 3604(f)] and the Zoning Officer is hereby authorized to make reasonable accommodation in the interpretation, application and enforcement of the provisions of this chapter and any rules, policies, practices or services implemented in conjunction therewith when such accommodation may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

(Ord. No. 96-05, Art. I(103), 6-3-96; Ord. No. 2013-03, § I(A), 3-4-13)

This chapter shall be known as, and may be cited as "The Bensalem Township Zoning Ordinance."

(Ord. No. 96-05, Art.I(104), 6-3-96)

(a)

Unless otherwise indicated within this chapter, certain words and phrases used in this chapter shall have the following meanings:

Accessory structure. A structure subordinate to the principal building or principal structure on a lot and used for purposes customarily incidental to those of the principal building or principal structure, including, but not limited to, a private garage. The accessory structure footprint in a residential district shall not exceed or be greater than 25 percent of the footprint of the principal building or principal structure.

Accessory use. A use subordinate to the principal use of the land or of a principal structure on a lot and customarily incidental thereto.

Adjacent property owners. Any owner of property contiguous or abutting the property. Contiguous shall include properties located directly across a public or private street opened or unopened right-of-way or easement.

Adult day care center. A facility whose purpose is to provide daytime care for four or more individuals between the ages of 18 and 54, none of whom are of the same family as the owner or operator of the facility, and whose owner or operator is licensed, as required, by the Pennsylvania Department of Public Welfare and/or any other applicable governmental and/or regulatory agency.

Agriculture. The cultivating of the soil, and the raising and harvesting of the products of the soil, including, but not by way of limitation, nursery, horticulture, and forestry, and animal husbandry, but excluding sod and/or soil removal.

Antenna. A device used to collect or transmit telecommunications or radio signals including panels, microwave dishes, and single poles, known as "whips."

Apartment. A portion of a building used by an individual or family for living purposes.

Basic structural alteration. Any enlargement of a structure whether by extending on any side or by increasing in height, or the moving of a structure from one location to another.

Building area. The aggregate of the maximum footprints (horizontal cross-section areas), excluding cornices, eaves, and gutters, of all structures on a lot.

Building line. The line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. Also known as the building setback line (BSBL).

Building. A structure having enclosed walls and roof which is permanently located on the land and is used for the shelter or enclosure of persons, animals or property.

(1)

Detached: A building which has no party wall.

(2)

Semi-detached: A building which has only one party wall in common with an adjacent building.

(3)

Attached (row): A building which has two party walls in common with adjacent building with the exception of an end unit which has only one common party wall.

Cabaret. A restaurant, cafe, tea room, tavern or bar which also provides, at any time, dancing and/or live entertainment (including but not limited to disc jockeys), except that live background instrumental music, while dining, when such background music is performed by a single musician playing either a piano, organ, violin, or accordion, shall not be considered live entertainment.

Cemetery for humans. A place or ground set apart for the burial of deceased human beings.

Cemetery for pets. A place or ground set apart for the burial of deceased pets.

Child day care center. A facility whose purpose is to provide daytime care for five or more children, none of whom are of the same family as the owner or operator, and whose owner or operator is licensed by the Pennsylvania Department of Public Welfare, Bureau of Child Development Programs.

Clothes pressing agency. A facility which drycleans and presses clothing on the premises for customers who deliver and pick up the clothing at the facility. Cleaning and pressing of clothing from other sources or agencies is not permitted.

Comprehensive plan. Maps, charts, and descriptive matter officially adopted by the Township Council showing, among other things, recommendations for the most appropriate use of land; for the most desirable density of population; for a system of thoroughfares, parkways and recreation areas; for the general location and extent of facilities for water, sewer, light and power; and for the general location, character and extent of community facilities.

Commercial recreation facilities. An outdoor recreation use conducted as a profit-making business enterprise.

Commercial rural recreation facilities. Rural recreation facilities operated as a profit-making business enterprise.

Communal living facility. A residential facility used as living quarters by any number of unrelated persons, including those requiring special care, and any attendant adult supervisors, specifically designed to create a non-transient residential setting for the mentally and physically handicapped. Any number of handicapped persons, as that term is defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit, subject to the "Mental Health Procedures Act," 50 P.S. §§ 7101-7503, and shall be eligible for such facility.

Conditional use. A use permitted in a particular zoning district pursuant to the provisions of article XIII, section 232-595.

Condominium. An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

Conference center. A structure or series of structures, used as a professional meeting and training facility for 50 or more persons, and shall include related lodging and dining facilities and may include recreational facilities, service stores and other similar facilities for use by conference participants and employees.

Conservation use. The use of land for purposes of environmental conservation and may include, but shall not be limited to forests, wildlife, game, preserves, or other parkland.

Density. A measure of the number of dwelling units per acre. It is calculated by dividing the total number of dwelling units by the total site area as computed to the ultimate rights-of-way of existing roads.

Department of Health. The Department of Health of the Commonwealth of Pennsylvania.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

Development rights, transferable. The attaching of development rights to specified lands which are desired to be kept undeveloped but permitting those rights to be transferred from those lands to that the development potential which they represent may occur on other lands within the Township.

Domestic animals. Domesticated animals that may be kept as household pets, including, but not limited to dogs, cats, and birds, but shall not include pigs, horses, jungle type animals, fowl and other rural animals.

Dwelling unit and dwelling:

(1)

Dwelling unit. Any room or group of rooms located within a residential structure and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking, eating and toilet facilities by one family.

(2)

Dwelling:

a.

Single-family dwelling. A structure on a lot designed and occupied as a residence for one family.

b.

Two-family or duplex dwelling. A structure on a lot, designed and occupied as a residence for two families.

c.

Multiple dwelling. A structure on a lot designed and occupied wholly or in part as a residence for three or more families.

Electric substation. An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public provided that in residence districts an electric substation shall not include exterior rotating equipment, storage of materials, trucks or repair facilities, housing or repair crews, or office or place of business.

Electric/communication substation. A building or structure used for the reception, transmission or relay of communication radio or microwaves provided that in residence districts an electric substation shall not include exterior rotating equipment, storage of materials, trucks or repair facilities, housing of repair crews, or office or place of business.

Family. Any number of persons living together on a non-transient basis as a single housekeeping unit with single cooking facilities, when said individuals are related by blood, marriage or adoption and, in addition, any domestic servants, foster children, 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 dwelling and maintaining a common household with single cooking facilities, including occupants that are mentally or physically handicapped persons, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. A roomer, boarder or lodger shall not be considered a member of the "family," nor shall the definition of "family" apply to the occupants of a club, fraternity house, lodge or residential club.

Farm structure or building. Any structure used for storing agricultural equipment or farm produce, housing livestock or poultry, and processing dairy products. The term "farm structure" shall not include dwellings.

Flood. A temporary inundation of normally dry land areas.

Floodplain area. A relatively flat or low land area which are subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Floodplain soils. Areas subject to periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, PA., U.S. Dept. of Agriculture, Soil Conservation Service, July, 1975, as being "on the floodplain" or subject to "flooding." The following soil types are floodplain soils: Alluvial land; Alton gravelly loam, flooded; Bowmansville silt loam; Hatboro silt loam; Rowland silt loam.

Garden apartment. A two story structure, or group of structures, arranged or designed for multiple family occupancy, under single management, and signed and planned as a single architectural unit.

Gross leasable area. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, but not including areas of common malls, walkways or public facilities, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.

Habitable story. Floor of a building to be utilized for human occupancy such as but not limited to sleeping, eating, meeting, office use and lobby areas exclusive of basements, parking and mechanical system areas.

Heavy equipment. A movable or transportable vehicle or other apparatus commonly used in commercial, industrial or construction enterprises such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, having a gross weight of 2½ tons or more.

Height of structure or building. A structure's vertical measurement from the main level of the ground abutting the structure to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, skylights, monitors, flagpoles and similar architectural projections of the structure shall not be included in calculating the height.

Heliport. An area designed, constructed, maintained and operated in accordance with the published rules and regulations of the Pennsylvania Bureau of Aviation and the Federal Aviation Administration, to accommodate all phases of operation of rotor-wing aircraft (helicopters) with suitable space to allow development of service facilities as desired.

Helistop. An area designed, constructed, maintained and operated in accordance with the published rules and regulations of the Pennsylvania Bureau of Aviation and the Federal Aviation Administration, on a roof or on the ground to accommodate touchdown and lift off to rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo with no service facilities.

Historic structure means any structure that is:

(1)

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;

(2)

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;

(3)

Individually listed on a state inventory of historic places; or,

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home occupation. An occupation conducted within a dwelling unit meeting all requirements of article XIII, section 232-594.

Hotel. A structure used for the purpose of furnishing for compensation more or less temporary lodging to the public; with or without meals, and having lodging accommodations for ten or more individuals.

Impervious cover. Surfaces that do not absorb rainwater, similar but not limited to structures, parking areas, driveways, roads, sidewalks, and areas of concrete and non-porous asphalt.

Intensive agricultural or farm use. The planting, growing, harvesting and selling of crops or plants therefrom, and may include the tilling of soil and the breeding, keeping, raising, selling or use of rural animals and products thereof, but shall not include a commercial piggery, poultry hatchery or the commercial processing of animals.

Junkyard. A lot, land or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded materials or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

Land owner. The legal or beneficial owners of land, including the holder of an option or contract to purchase (regardless of conditions), a lessee if he is authorized under the lease to exercise the rights of the land owner, the present possessor of the land, or any portion thereof, where the legal or equitable owner is either unascertainable or unavailable to legal process, or other persons having a proprietary interest in the land.

Lot. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

Lot area. The area within the lot lines of a lot.

(1)

Corner lot. A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135 degrees.

(2)

Through lot. A lot having its front and rear yards each abutting on a street.

(3)

Depth of lot. The mean distance from the street right-of-way line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

(4)

Lot width. The distance measured between the side lot lines, at the required 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 right-of-way line.

(5)

Lot frontage (also street frontage). The distance measured between the side lot lines along the street line. In the case of a corner lot, the lot frontage shall be measured from the side lot line to the point of curvature of the corner property line arc.

(6)

Lot line. Any boundary line of a lot including a legal right-of-way line.

(7)

Lot line, rear. That lot line opposite to the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten feet long, lying within the lot and parallel to a line tangent to the front property line at its midpoint. In the case of a corner lot or odd shaped lot the line parallel with the rear of the dwelling shall be considered a rear lot line.

(8)

Lot line, side. Any lot line which is not a legal right-of-way line or a rear lot line.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailer, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

Manufactured home park. A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

Manufactured home space. A plot of ground within a manufactured home park designed for the accommodation of one manufactured home.

Manufactured home stand. That part of an individual lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.

Medical Marijuana Act. Act 16 of 2016, 35 P.S. § 10231.101 et seq.

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.

Mobile home. A transportable single-family dwelling that may be towed on its own running gear, and, which may be temporarily or permanently affixed to real estate, used for non-transient residential purposes and constructed with the same or similar electrical, plumbing or sanitary sewer facilities as immobile housing.

Motel or motor court. A structure or group of two or more detached or semidetached structures containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which structure or group of structures is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.

Municipal structure or use. A structure or use for Township purposes.

Net lot area. The area contained within the property lines of individual parcels of land, excluding any area within an existing or ultimate legal right-of-way for public streets, and including the area of any easement.

Noncommercial club. A nonprofit facility, club or similar organization operated for civic, cultural or educational purposes, operated on a membership basis by a nonprofit organization, other than a social, fraternal, business or professional organization, and provided that:

(1)

The activity permitted shall be noncommercial, nonprofit and clearly one not carried on as a business;

(2)

Each structure or facility devoted to such use shall be for members and their guests only;

(3)

No such club shall provide for eating or dining, except on an incidental basis, permit the sale of foods or beverages or provide accommodations for the lodging of members or guests.

Noncommercial recreational facility. An outdoor recreational use conducted by public or private agencies or individuals as a non-profit activity and clearly not carried on as a business.

Nonconforming structure or use. A legal structure or use of land existing at the effective date of this chapter, which does not conform with the requirements of this chapter.

Office. A professional office or studio of a doctor, dentist, teacher, artist, architect, musician, lawyer, magistrate or similar professions and/or rooms for home occupations, such as dressmaking, millinery or similar handicrafts.

Official map. A map identifying proposed public streets, public parks, pedestrian ways, easements, and/or other public facilities and properties, enacted in accordance with article IV of the Pennsylvania Municipalities Planning Code.

One hundred-year flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year.)

Open space. A portion of a tract available and accessible for use by the public and/or residents of the tract, generally undeveloped. "Open space" may include areas of steep slopes, floodplains and other significant features to be preserved, but shall not include streets or street right-of-ways, parking areas, yards and lots of individual dwelling units or other public improvements, nor does it include required buffer areas. "Open space" uses may include active and passive recreation. Every effort shall be made to retain the open space in its natural condition.

Outdoor recreation use. The use of land for commercial and noncommercial outdoor recreational uses, including, but not limited to golf, parks, athletic fields, playgrounds and outdoor pools, but shall not include the keeping or hunting of animals or the use of firearms.

Parking space. A reasonably level open space, on a reasonably level lot, used for parking motor vehicles.

Passenger shelter. A roadside, waterfront or track side structure erected and used for the temporary shelter of passengers awaiting transportation service.

Principal building. Any building in which the primary use of the lot on which the building is located is conducted.

Principal use. Any main use of land or structures, as distinguished from secondary or accessory use.

Private garage/parking area. An accessory structure or area used for the storage of any number of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by a person other than the owner or tenant of the premises. However, not more than one commercial vehicle may be stored in a private garage or private parking area, provided that this restriction shall not apply to specialized farm-type equipment.

Private educational institution. A privately owned facility whose purpose is limited to the education of part or full-time students on a day or evening schedule, but shall not include dormitories nor mean trade or technical schools.

Public garage. A structure, not a private garage, used for the storage, repair or servicing of motor vehicles of any type of ownership.

Recreational vehicle. A vehicle which is (i) built on a single chassis; (ii) not more than 400 square feet, measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light-duty truck; (iv) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory flood elevation. The 100-year flood elevation plus a freeboard safety factor of 1.5 feet.

Residential agricultural use. The planting, growing, storing, harvesting of plants or crops for noncommercial consumption, and shall not include the use of rural animals.

Retaining wall. A structure which is not an integral part of a building, designed to resist the lateral displacement of soil or other material.

Roadside agricultural stand. A structure erected for the sale of farm or other intensive agricultural products produced on the property where offered for sale, provided that any such structure shall be removed or kept in good condition during any season when products are not being offered for sale.

Roof elevations. The roof summit, the highest point of the roof as constructed, measured in a vertical plane.

Roomer. A person, except family, occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a period of three months or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement shall be considered for purposes of this chapter not to be a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel, hotel, inn, guest house, or tourist home).

Rural animals. Nondomesticated farm and game animals, including, but not limited to, horses, pigs, cattle, deer, or chickens.

Rural inn use. The use and occupancy of a single family detached dwelling for accommodation of transient guests, who are provided with a room as sleeping accommodations and may be provided with breakfast.

Rural recreation facilities. Recreational facilities, whether indoor or outdoor, requiring the use of rural animals.

Senior citizen day care center. A facility whose purpose is to provide day time care for three or more individuals over the age of 55, none of whom are of the same family as the owner or operator of the facility, and whose owner or operator is licensed, as required, by the Pennsylvania Department of Public Welfare and/or any other applicable governmental and/or regulatory agency.

Sidewalk. Any strip or section of concrete, stone or macadam a minimum of four feet in width, the prime purpose of which is a walkway.

Sign. A sign shall mean any structure or part thereof, or device arranged, intended, designed for, or used as, or which displays or includes any letter, work, motto, banner, flag, pennant, insignia, device or representation which is in the nature of an advertisement, announcement, direction or attraction.

Single and separate ownership. The ownership of a lot by one or more persons, partnership, or corporations, which ownership is separate and distinct from that of any adjoining lot.

Sober living environment. Residential facilities where six or more individuals reside together either voluntarily or by court order in order to recover from drug, alcohol and/or substance abuse, which serve as an interim environment between rehabilitation facilities and reintegration into their future lives. This definition shall include recovery houses and halfway houses.

Special exception. Permission or approval, by application, granted by the Zoning Hearing Board in accordance with this chapter.

Steep slope. A land grade in excess of eight percent.

Street. A public or private right-of-way used or intended to be used for passages or travel by motor vehicles and pedestrians, and to provide access to abutting properties, which will provide for a continuous road system. A street is bounded by street lines.

Streets are further classified and defined as follows:

(1)

Thoroughfares:

a.

Expressway - designed for large volumes and high speed traffic with access limited to grade separated intersections.

b.

Arterial street - designed for large volumes and high speed traffic with limited, controlled access to abutting properties.

c.

Collector street - designed to carry a moderate volume of fast moving traffic from primary and secondary streets to arterial streets, with controlled access to abutting properties.

(2)

Local streets:

a.

Primary residential street - designed to carry a moderate volume of traffic to intercept secondary (residential) streets, to provide routes to collector streets and community facilities, and to provide access to the abutting properties.

b.

Secondary residential street - designed to provide access to abutting properties and a route to primary residential streets, and generally serve only internally developed areas or cul-de-sacs.

c.

Rural streets - designated to serve farms and homes in rural areas and to distribute traffic from these areas to the collector, arterial and expressway system.

d.

Alley - designed as a minor way used primarily for vehicular service access.

e.

Culs-de-sac - secondary streets with one end open for vehicular and pedestrian access and the other end terminating in a paved vehicular turnaround. In general, a cul-de-sac shall not exceed the determined length and must satisfy the Specifications and Design Standards for Roads and Streets in Bensalem Township.

f.

Roads - shall mean "streets" and be defined in the same way.

g.

Aisles - that paved way between or abutting parking stalls wholly located within a designated vehicular parking area.

(3)

Streets, roads and highways within Bensalem Township are classified as follows:

a.

Expressways: (variable widths)

(1)

Pennsylvania Turnpike

(2)

Interstate I-95 (Delaware Expressway)

(3)

U.S. Route 1

(4)

Woodhaven Road

b.

Major arterial: (100' R.O.W.)

(1)

Street Road (PA Route 132)

(2)

Knights Road from Street Road to the Poquessing Creek

(3)

Rockhill Drive

c.

Minor arterial: (80' R.O.W.)

(1)

Bristol Pike (U.S. Route 13)

(2)

State Road

(3)

Hulmeville Road (Pa. Route 513)

(4)

Bristol Road from Brownsville Road to Hulmeville Road

(5)

Old Lincoln Highway

d.

Collector roads: (60' R.O.W)

(1)

Bensalem Boulevard

(2)

Tennis Avenue from State Road to Bristol Pike

(3)

Station Avenue

(4)

Park Avenue

(5)

Byberry Road

(6)

Knights Road from Street Road to Galloway Road

(7)

Richlieu Road

(8)

Galloway Road

(9)

Bridgewater Road

(10)

Mechanicsville Road

(11)

Bristol Road from Hulmeville Road to Bensalem Boulevard

(12)

Neshaminy Boulevard

(13)

Brownsville Road

(14)

Gibson Road

(15)

Trevose Road

e.

All other streets, roads, and highways within Bensalem Township are classified as local streets (50' R.O.W.)

Street line. The dividing line, also known as the street right-of-way line, between a lot and the outside boundary of a public street, road, or highway legally open or officially plotted by the Township or higher governmental authority, or between a lot and a private street, road, or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. In no case shall the street line be considered to be less than 25 feet from the center of the existing street.

Structure. Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes, and similar items. This term includes any manmade object having an ascertainable stationary location on or in land or water whether or not affixed to land.

Telecommunications equipment building. The building in which electronic receiving, relay, or transmitting equipment for a telecommunications facility is housed.

Telecommunications facilities. The equipment and structures involved in receiving or transmitting telecommunications or radio signals. Any facility, building, or use proposed to be conducted by an applicant which is regulated by the Pennsylvania Public Utilities Commission or the Federal Communications Commission which requires a new structure (other than administrative offices), including but not limited to: major electrical transformer stations; and similar, but related uses.

Telephone central office. A structure and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers, and other business of the telephone company; but in rural and residence districts not to include public business facilities, storage of materials, trucks or repair facilities, or housing of repair crews.

Trailer park. A lot or premises used or occupied by two or more trailers for any length of time or by one trailer for more than four months in any one calendar year, by the one or more trailers for business or professional purposes, except temporarily in connection with a construction project, or by one or more manufactured homes outside of a manufactured home park district, where the use of the same does not conform to the regulations for other types of dwellings and structures within said district.

Ultimate right-of-way. The future or planned width of highway in the public domain.

Variance. Permission or approval, by application, granted by the Zoning Hearing Board in accordance with this chapter, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific lot.

Yard. An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The minimum size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.

(1)

Yard, front. A yard between the building setback line and the ultimate right-of-way line and extending the entire length of the lot frontage. In the case of a corner lot, the yards extending along all streets are front yards. For such lots, there will be no rear yard.

In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.

(2)

Yard, rear. A yard between the building setback line and a rear lot line and extending the entire length of the rear lot line.

(3)

Yard, side. A yard between a building setback line and side lot line, extending from the front yard to the rear yard. In the case of the lot having no street frontage, or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.

(4)

Front and side yards of corner lots. On a corner lot, the yard facing each street shall equal the required front yard for lots facing the street. The front and side yards of a corner lot shall be measured from the ultimate right-of-way.

(5)

Yard adjacent to residence district.

Front, side or rear yard which is contiguous or abuts a residential district. Contiguous shall include properties located directly across a public or private street right-of-way, opened or unopened, or easement.

(b)

The singular shall include the plural, the plural shall include the singular, and the present tense shall include the future tense.

(c)

Where a word or phrase is otherwise defined within a specific section of this chapter, such definition shall be a specific section of this chapter, such definition shall be controlling for that section.

(Ord. No. 96-05, Art. I(105), 6-3-96; Ord. No. 97-47, § 1, 12-9-97; Ord. No. 99-14, §§ 1A, 1E, 5-11-99; Ord. No. 2007-10, §§ 1, 2, 9-24-07; Ord. No. 2009-05, 6-22-09; Ord. No. 2015-10, § I, 12-22-15; Ord. No. 2015-12, § I, 12-22-15; Ord. No. 2016-02, § I, 3-28-16; Ord. No. 2016-07, § 1, 8-8-16; Ord. No. 2017-3, § I(A), 2-13-17; Ord. No. 2022-04, § I.a, 7-11-22)

All amendments, annexations, and deletions to discrete sections of this chapter shall be noted on each effected page and in the revisions section of the table of contents where a brief description of the change shall be provided.

(Ord. No. 96-05, Art. I(106), 6-3-96)

If any section, paragraph, clause, sentence, or provision of this chapter is adjudged invalid by a court of competent jurisdiction, the effect of such judgment shall be limited to the part involved in the controversy producing such judgment, and shall not affect, impair, invalidate, or nullify this chapter as a whole or any portion thereof.

(Ord. No. 96-05, Art. I(107), 6-3-96)