A structure subordinate to the principal use or structure on a lot and used for purposes customarily incidental to those of the principal use or structure.

A use subordinate to the principal use of land or a building on the same lot with the principal building or use and customarily incidental thereto.

The Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, 53 P.S. § 10101 et seq., as amended.

Adjacent properties shall mean properties that are contiguous, as defined herein, as well as properties that are separated only by a street or alley and not by intervening properties.

A public or private way permanently reserved as a secondary means of access to the rear or side of two or more abutting properties.

Any change in supporting members of a building such as bearing walls, columns, beams, or girders; any addition to a building; any change in use from one use classification to another; or removal of a building from one location to another.

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An Antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.

Area within the lot lines of a lot but excluding the area of land within the street right-of-way and excluding the area of land restricted from development by covenants or easements or other development restrictions.

A person occupying a room or rooms 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 week or more at a time to the owner of the room or rooms.

A strip of required yard space adjacent to the boundary of a property or district of a width not less than that designated by this chapter, and on which is placed shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to meet the requirements of Borough ordinances and to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district.

A line parallel to the street right-of-way that establishes the maximum distance that a building or principal structure may be set back from the street right-of-way.

A structure having a roof that is used or intended to be used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.

The aggregate of the maximum horizontal cross-section areas of buildings on a lot, taken at their greatest outside dimensions on the ground floor, including all attached and detached structures, except steps, terraces, cornices, eaves and gutters, but including roofed porches, roofed breezeways and roofed carports.

The ratio of the total building area of all buildings on a lot to the net buildable site area of the lot on which they are located.

The portion of a lot on which the principal building or structure can be placed and which excludes all front, side, and rear yard areas as well as all rights-of-way, easements, areas with environmental protection restrictions, and any other areas protected by the terms of this chapter.

The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width and depth.

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.

A covered structure attached to or underneath a building for storage of 1 or 2 automobiles, with at least one fully open side and no closable vehicle door.

Domesticated fowl bird, common name of the species Gallus gallus domesticus.

Any person or other entity who: has a property right in a chicken or chickens; or keeps or harbors a chicken or chickens or has a chicken or chickens in their or its care; or permits chickens to run on or about premises owned or occupied by them or it.

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF utility or light pole.

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.

Contiguous shall mean immediately abutting and sharing a common property line.

A lot which has an interior angle of less than 135° at the intersection of two street lines; or a lot fronting on a curved street if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.

Final adjudication of any board or other body granted jurisdiction under this chapter or the Pennsylvania Municipalities Planning Code to do so, 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 and the judicial district wherein the Borough lies.

Final action by an officer, body or agency charged with the administration of this chapter or applications thereunder, except the Borough Council and Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

Any human-induced change to improve or unimproved real estate, whether public or private, including but not limited to land development, construction, installation, or expansion of a building, other structure or impervious surface, land division, street construction, drilling, and site alterations such as embankments, dredging, grubbing, grading, paving, utilities, parking or storage facilities, excavation, filling, stockpiling, or clearing. As used in this chapter, development encompasses both new development and redevelopment.

A private strip of land intended as a means of vehicular access to a lot.

A building designed and occupied for residential purposes and not including hotel, motel, boardinghouse, tourist home, institutional or nursing home, personal care facility, guesthouses, bed-and-breakfasts, or residential clubs. See Article IV for definitions of specific dwelling types.

One or more rooms for living purposes, together with cooking and sanitary facilities, which are used by one or more persons living together as a single-family and maintaining a common household.

A right-of-way granted for limited use of land or a restriction placed on land for specific purposes. Easement areas will affect the use of land and calculation of land available for development under the terms of this chapter.

The lowest horizontal line of a sloping (i.e., gable, hip, gambrel) roof.

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 hearing, pursuant to 53 P.S. § 10109.

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

An employee, assistant or associate, agent, contractor, or representative who acts in interest or profits from a business, industry, home office or occupation, or other enterprise.

The Zoning Officer, Building Inspector, or other individual appointed by the Borough to enforce this chapter within the jurisdiction of the Borough.

An addition to the floor area of an existing building, an increase in size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

The exterior wall, face, or plane of a building.

The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves of the roof or top of the facade.

A group of individuals, not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on a structured organization. This is distinguished from a group occupying a hotel, club, personal care facility, or boarding home.

Federal Communications Commission.

A man-made construction of any material or combination of materials erected to enclose or screen areas of land, including a wall.

The sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from the center lines of walls separating two buildings and including space below the level of the ground if it is used for dwelling or a specific use other than storage and utilities; accessory buildings; enclosed porches or patios, but excluding floor area used for off-street parking and loading berths.

The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

The open unoccupied space between the front building line and the street right-of-way line for the full width of the lot.

An attached or detached building used or designed to be used for the storage of vehicles, including carriage houses and Quaker sheds.

A landscaped form of open space designated for walking, active and passive recreation, community gardens, civic events and other activities. Green space shall connect to public walkways and nearby parks and greenways wherever possible, and be designed to complement and enhance adjoining uses and the community.

A vertically integrated health system approved by the Department of Health to dispense medical marijuana or grow and process medical marijuana, or both, in accordance with a research study under §§ 1901 through 1908 of the Medical Marijuana Act (35 P.S. §§ 10231.1901 through 10231.1908).

An administrative proceeding conducted by the Borough Council or the Zoning Hearing Board pursuant to this chapter.

A vertical distance measured from the mean level of the elevation of the finished grade of the building or structure abutting the front elevation, measured from a point six feet from the building or structure wall to the following points:

A female chicken.

The official Historic District established by the Borough under the authority of Act 167.[1]

Any structure or site listed on or eligible to be listed on the National Register of Historic Places or which has been designated to be of historic or architectural significance by the Borough Council, following recommendations from the Newtown Borough Historic Architectural Review Board and/or the Newtown Joint Historic Commission.

A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, roof areas, driveway areas, any surface areas designed to be gravel or crushed stone and all decks.

The total area of all impervious surfaces within a lot divided by the lot area.

A form of development integrating new construction and new buildings into the existing pattern of structures and open spaces within a neighborhood and/or district by respecting the forms, widths, heights, vertical and horizontal modulations; the pattern and size of openings; the scale of existing structures; and the attributes and quality of neighboring open spaces.

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to make a junkyard.

A designated parcel, tract or area of land established by a plat or subdivision plan approved by Newtown Borough and recorded in the Bucks County Recorder of Deeds Office, or by a condominium plan, planned community, or other plan creating unit ownership.

The area contained within the property lines of a lot, excluding space within an existing or future right-of-way and within permanent drainage or stormwater management easements but including the areas of all other easements.

See "street line."

Any lot line which is parallel to or within 45° of being parallel to a street line which is farthest from the street line.

Any lot line which is not a front or rear lot line.

The distance measured between the side lot lines at the required building setback line or build-to line where a build-to line is required, and the street line; or, where there is only one side lot line, the distance between the side lot line and the opposite rear lot line or street line.

Notice given by a municipality 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, pursuant to 53 P.S. § 10109.

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 trailers, recreational and other similar vehicles, which are placed on a site for more than 180 consecutive days.

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

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[2] The use does not contemplate nonprescription recreational marijuana use.

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.[3]

A small wireless facility that:

A building designed or renovated to accommodate two or more residential and nonresidential uses with at least one nonresidential use at street level and a second permitted residential or nonresidential use on the upper story or stories.

A form of development where two or more residential and nonresidential uses are mixed either horizontally across multiple establishments within separate buildings, horizontally across multiple establishments within the same building, or vertically to create a mixed-use building or buildings.

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

Structures for which the start of construction commenced on or after December 18, 1979, and includes any subsequent improvements thereto.

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

A structure or part of a structure which does not comply with the applicable area, setback, yard, building height, location, size or impervious surface provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.

All nontower wireless communications facilities, including but not limited to, antennas and related equipment. "Nontower WCF" shall not include support structures for antennas and related equipment.

A chicken or chickens that is/are damaging or destroying property; or creating a foul or obnoxious odor; or causing an unsightly condition; or disturbing the peace and quiet by repeated loud noise; or making any noise natural to its species in an excessive, continuous or untimely fashion so as to disturb the peace; or soiling, defiling or defecating on any property other than the property of the chicken's owner, keeper or controller without removing such waste.

That area of land and/or water to be restricted from future development for the purpose of protecting natural features, providing buffers, or for recreational purposes. Open space does not include land occupied by structures, roads, road rights-of-way, parking lots, land reserved for future parking lots, stormwater detention/retention basins or facilities, or areas of public facilities such as community septic systems, nor does it include any portion of the minimum lot area as required by this chapter.

A constructed parking facility with two or more vertical levels used for short-term storage of automobiles and other light vehicles. A parking structure may be built above or below ground, fully enclosed or open-air, attached to or detached from an occupied building, and may be publicly or privately owned and managed.

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 Borough or to any department or agency of the Borough.

Any lot or tax parcel or, if in a condominium form of ownership, any structure or building regardless of the number of units within the building or structure.

To conserve and safeguard natural and historic resources from wasteful or destructive use.

The main use of a lot, not including an accessory use.

A formal meeting held pursuant to public notice by the Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7, as amended.

Notice published once a week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

The open unoccupied space between the rear building line and the rear lot line for the full width of the lot.

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any 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.

Property with environmental resources including floodplain, floodplain soils, wetlands, waters of the commonwealth, steep slopes, woodlands, and tree protection areas, to the extent protected by this chapter.

A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary sewer or stormwater management facility, stream, drainage ditch, or for any other use, including that area deemed necessary by Borough ordinance to accommodate future street improvements.

The surface of and space above and below any real property in the Borough in which the Borough, Bucks County or the Commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, crosswalks, sanitary sewer or stormwater management facility, stream, drainage ditch or any other public place, area or property under the control of the Borough, Bucks County or the Commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough, Bucks County or the Commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way

A male chicken.

The open unoccupied space extending from the front yard to the rear yard between the side building line and the side lot line.

Any letter, nameplate, identification, poster, billboard, public display, object, or illustration, structure or device used for visual communication, which is affixed, painted, projected or placed upon a building, post, sidewalk or other surface, whether inside or outside, for the purpose of bringing any subject to the attention of the public, or which advertises or identifies a business, commodity, service, product or structure.

The ownership of a lot, tract or parcel of land by one or more persons, partnerships, corporation, or other legal entities, which is separate and distinct in ownership from the ownership of any abutting or adjoining lot, tract or parcel; also, "separate and distinct ownership" shall have the same meaning.

The part of the base site area remaining for development after the land area required for resource protection under the terms of this chapter has been deducted.

The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:

A use to be granted or denied on the basis of standards and criteria specified in this chapter for the use in question and upon the general standards included in this chapter. Special exceptions may not be granted for uses other than those expressly stated in this chapter as subject to special exception by the Zoning Hearing Board.

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.

Areas where the average slope equals or exceeds 15%.

That part of a building located between the surface of any floor and the floor or roof next above.

A public or private way used or intended to be used for passage or travel by vehicles and pedestrians and which furnishes access to abutting properties.

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line or, where established by ordinance or other means, the future right-of-way line.

A man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land, but not including poles with basketball backboards and hoops, swing sets with two or fewer seats and one or fewer slides, poles with clotheslines (including umbrella types), poles with bird feeders, flagpoles, awnings with pole supports, and mailbox posts only.

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either of the following:

Any pool which is used or intended to be used for swimming, wading or bathing, either over 18 inches in depth or with a surface area of 150 square feet or more. For the purposes of this chapter, a swimming pool, whether above or below grade level, is considered an accessory structure.

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles.

An area of land developed for a compatible mixture of residential units for various housing types and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and facilities, parks, plazas, and open space are interwoven within the neighborhood so that all are within relatively close proximity to each other and surrounding existing uses. TND is compact, limited in size, and oriented toward pedestrian activity. Generally, there is a hierarchy of streets and sidewalks laid out in a network pattern interconnecting with each other and the existing travel ways at the periphery of the TND. These provide multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians, bicyclists, and motor vehicles equally.

An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection area shall be 15 feet from the trunk of the tree to be protected or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees, the tree protection area shall be the aggregate of the protection areas for individual trees.

Any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a lot.

A use allowed, subject to the provisions of this chapter, exclusive of any nonconforming or illegal use.

A chicken coop that has been unoccupied by chickens for a period of 30 days from the date of the last chicken being removed from the coop.

A currency-operated machine, mechanical machine or electronic machine, which operates as a game or contest of skill or amusement.

Any sanitary sewer, sewage system, sewage treatment or parts thereof designed, intended, or constructed for the collection, treatment, and satisfactory disposal of wastewater.

Any intermittent or perennial, natural or man-made channel, canal, millrace, creek, stream, ditch, dry run, spring river, swale or any other natural or man-made feature conveying water.

Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes; dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.

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, fens and similar areas. Wetlands also include those area of lands defined as wetlands in either:

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Borough-owned land or property.

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.

Areas, groves or stands of trees covering an area of 1/4 acre or greater.

A space open to the sky on the same lot with a building or structure which is unoccupied except for accessory uses or structures to the extent specifically permitted by this chapter, and extending along a lot line or a street line inward to the principal use or structure. The size of the required yard shall be measured at the shortest distance between any part of the structure and a lot line or street line.