Newtown City Zoning Code
ARTICLE V
General Regulations Applicable to All Districts
§ 550-16 Area and dimensional requirements.
A.
Lot area and yard required. The lot and yards for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.
B.
Yard requirements.
(1)
No building or structure shall occupy any portion of a required front, side, or rear yard except as specifically provided in this chapter.
(2)
Front yards exceptions for existing alignment. If the location of existing buildings on either side of a lot and within a distance of 100 feet of the lot and area fronting on the same side of the street in the same block area nearer to the street than the required front yard setback, the required front yard setback for the lot shall be established as the average front yard setback of the existing buildings on either side of the lot. The average setback shall be the build-to line for any new or reconstructed buildings.
(3)
Corner lot yard requirements. Corner lots shall have a front yard on both streets on which the lot has frontage in the BR-1 District, and shall meet any other specific requirements for corner lot yards for the district in which the corner lot is located. The remaining two yards shall be side yards. In all other zoning districts, there shall be a front yard on the street where the building facade is located. There shall be two side yards, one of which can be along the side street, except in the case of attached units or two-family units where there is no side yard where the units are joined. There shall be at least one rear yard.
C.
Height.
(1)
The height limitations specified for each district in this chapter shall not apply to the following: church steeples, chimneys, belfries, cupolas, monuments, or flagpoles. The maximum height for these structures shall not exceed 50 feet, and the minimum setback from the base of any such structure and any property line shall not be less than 50 feet.
(2)
The height limitations specified for each district in this chapter shall not apply to telecommunications towers, equipment, or antennas, which shall meet the regulations for these uses as set forth in Article IV of this chapter.
D.
Applicability of lot area, dimensional standards and setbacks.
(1)
Where minimum lot areas, yards, setbacks, impervious surface limits, buffers, parking areas or building coverage limits per lot are required for any use, property or district, these shall be provided as required.
(2)
If any use and/or property is proposed to have a condominium form of ownership, either for the whole property or any part thereof, all zoning requirements (including without limitation, dimensional, yard, parking and specific use criteria) applicable to the use or property shall be met for each unit, building and use, even if individual lots are not created and sold separately. All required dimensional criteria for each unit, building and use shall be provided contiguously and proportionately to each unit building and use, and all setbacks shall be measured from any road, street and/or alley, and from any building line and/or unit boundary, as appropriate.
[Amended 7-13-2010 by Ord. No. 705]
§ 550-17 Clear sight triangle.
On corner lots, no wall, fence or other structure shall be erected and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A clear sight triangle of 25 feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than two feet above the street grade, except that tree branches may fall in the clear sight triangle, provided that they are either lower than two feet or higher than eight feet above grade level.
§ 550-18 Parking standards.
A.
General standards.
(1)
Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed. Any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
(2)
Change in parking requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this chapter, parking shall be required for the entire structure and use in accordance with the requirements of this chapter.
(3)
Conflict with other uses. No parking area shall be used in a way that interferes with its availability for the parking need it is required to serve.
(4)
Continuing obligation. All required parking facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced except upon the approval of the Zoning Hearing Board, based on proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this article. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.
(5)
Maintenance of parking areas for nonresidential uses. For parking areas of three or more vehicles, the area not landscaped shall be graded, surfaced with asphalt or other suitable material approved by the Borough Engineer, and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location.
(6)
Within the Town Center, Village Gateway and Business Gateway Zoning Districts, any use existing as of the effective date of this chapter which can be lawfully expanded, or any new use that cannot meet the parking requirements of this chapter within the lot lines of the principal use may meet the parking requirements of this chapter in one of the following ways:
[Amended 10-12-2004 by Ord. No. 655; 11-10-2020 by Ord. No. 773]
(a)
The applicant, by providing an agreement, in writing, at intervals determined by Newtown Borough that the parking spaces are available and secured, or developer shall provide proof of the availability of the required parking spaces which are not needed to meet the requirements of another use which can be used for parking purposes by the applicant.
(b)
If spaces are leased or licensed, the Borough shall require proof of the leasing or licensing arrangement and use of the spaces to be kept on file. Proof of ongoing leases and use of the spaces will be required every year.
(7)
Vehicle parking in all districts. One recreational vehicle per dwelling unit is permitted. Campers, recreational vehicles, travel trailers, and boats shall be stored on the lot by the occupant of the lot only. Storage must be in an enclosed building or in an area screened from view and behind the front building setback line. A recreational vehicle may, however, be parked anywhere on a residential lot for a period not to exceed 24 hours during loading and unloading. No recreational vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a lot or in any location not approved for such a use. Only one unlicensed vehicle without tags and/or plates is permitted on any property, regardless of the use or type of vehicle.
B.
Parking design standards.
[Amended 5-8-2007 by Ord. No. 681]
(1)
A parking stall is that area specifically designated for the temporary parking of one motor vehicle.
(2)
Design standards for parking stalls do not apply where the purpose is vehicle storage related to sales, service or other use.
(3)
Parking stalls shall conform to the design standards specified in Chapter 486, Subdivision and Land Development.
[Amended 7-14-2015 by Ord. No. 743]
(4)
Accessible parking spaces for disabled persons shall be provided in accordance with the current Americans with Disabilities Act Accessibility Guidelines (ADAAG). Accessible spaces shall be provided in locations that are convenient for disabled patrons or clients.
[Amended 11-10-2020 by Ord. No. 773]
(5)
All dead-end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.
(6)
Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle, except for parking areas for single-family detached dwellings.
C.
Parking lot access and traffic control.
(1)
In order to minimize traffic congestion and hazard, control street access in the interest of public safety, no off-street parking lot for motor vehicles shall abut directly a public street unless separated from the street by a raised curb and barrier planting strip, wall or other barrier except at access points.
D.
Shopping cart storage. Any establishment that furnishes carts as an adjunct to shopping shall provide marked areas for the return of carts. No carts shall be stored on sidewalk areas, and all carts shall be stored inside the building when the business is closed.
E.
Restriction on vehicle repair in require parking spaces. Required off-street parking facilities for multifamily and for nonresidential uses shall be solely for the parking of passenger vehicles of patrons, occupants, or employees. No vehicle repair work is permitted in parking lots except for emergency service.
F.
Location of parking areas. All required off-street parking shall be provided on the lot with the principal use and within the confines of the lot, unless otherwise specifically permitted by this chapter.
(1)
No off-street parking shall be permitted within the minimum front yard setback in the following districts, nor shall parking be located closer to the front yard street line than the principal building is located:
TC | Town Center |
V-1 | Village Conservation |
V-2 | Village Gateway |
B-1 | Business Gateway |
B-2 | Business/Mixed Use |
BPS | Borough Professional Service |
(2)
No parking spaces for nonresidential uses shall be located closer than five feet to a side and/or rear property line.
(3)
Residential parking and attached garages shall only be allowed as follows:
[Amended 1-14-2020 by Ord. No. 767]
(a)
In all zoning districts with the exception of BR-1 (Borough Residential District — 1), no driveways and parking areas for residential uses and uses accessory to residential uses, including but not limited to garages and carports, shall be permitted in the front yard within the width of the front façade of the residential use.
(b)
In all zoning districts, attached garages shall be located only to the side or rear of the front façade of the residential use.
(c)
In all zoning districts, attached garages with doors facing the street shall be recessed at least 5 feet from the front façade of the residential use, exclusive of porches, porticos, stoops, stairs, and other projecting elements; and shall occupy 30 percent or less of the width of the overall structure.
(d)
No area for vehicle parking for residential uses shall directly abut the cartway of a public street or alley, except for driveways, which shall not exceed a width of 12 feet at the point where they abut the cartway.
G.
Fraction of a space. When off-street parking requirement calculations result in a fraction of a space required, any fraction of 1/2 or greater shall be counted as one parking space. Any fraction less than 1/2 may be disregarded.
[Amended 10-11-2011 by Ord. No. 717]
H.
Refer to § 486-21C of the Subdivision and Land Development Ordinance for landscaping requirements within parking lots.
[Amended 10-12-2021 by Ord. No. 779]
I.
Reduction of nonresidential parking requirements. In order to prevent the establishment of greater number of parking spaces than is actually required to serve the needs of nonresidential uses, Borough Council, after consulting with the Planning Commission and Borough Engineer, may permit a conditional reduction of parking space upon conditional use approval through either 1) joint use or 2) reservation of land for future parking.
(1)
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. The number of spaces required in a common parking facility may be reduced below this total if it can be demonstrated that the hours or days of peak parking needed for the uses are different and that a lower total will provide adequately for uses served by the parking area. The total number of parking spaces shall not be less than 75% of what would be required under strict ordinance interpretation.
(2)
Reservation of land for future parking.
(a)
The design of the parking lot, as indicated on the subdivision or land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces that must be in compliance with the impervious surface and yard requirements of this chapter.
(b)
The balance of the parking area reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area that is reserved shall be landscaped and shall be located so that it can be used for additional parking spaces if required.
(c)
The developer shall enter into a written agreement with Borough Council that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined at the sole discretion of Borough Council that the required number of parking spaces are necessary to satisfy the need of the land development. The applicant shall establish an irrevocable letter of credit with adequate security to cover the cost of paving the additional spaces and shall enter into an agreement with the Borough to ensure that the paving will be provided by the current or any future owners when it is determined that the paving is needed.
§ 550-19 Parking requirements for permitted uses.
[Amended 10-11-2011 by Ord. No. 717; 8-14-2018 by Ord. No. 760];11-10-2020 by Ord. No. 773; 2-8-2022 by Ord. No. 785]
Uses permitted by right, by special exception or by conditional approval shall meet the following off-street parking requirements. Whenever there is a change of use as defined by this chapter (e.g., from light manufacturing to village retail/service), the applicant for a certificate of occupancy shall provide documentation on the location and number of parking spaces available and shall provide this documentation to the Borough prior to receiving a certificate of occupancy.
Use | Minimum Number of Off-Street Parking Spaces | |
|---|---|---|
Residential uses | 2 off-street parking spaces per dwelling unit for the following dwelling types: single-family detached, 2-family dwelling and residential conversion. 2 off-street parking spaces per dwelling unit plus 1 off-street overflow space per dwelling unit for the following dwelling type: townhouse-attached-style dwelling. The following applies to multifamily dwelling-apartment-style dwelling units: | |
1.5 off-street parking spaces per studio/efficiency-type dwelling unit | ||
1.75 off-street parking spaces per 1-bedroom dwelling unit | ||
2 off-street parking spaces per 2-bedroom dwelling unit | ||
2.5 off-street parking spaces per 3-bedroom dwelling unit and 4-bedroom dwelling unit | ||
Parking spaces within private garages shall not be counted as meeting the off-street parking requirements, unless the garage is approved pursuant to a traditional neighborhood development (TND) use; parking spaces provided within private garages and parking structures for traditional neighborhood development (TND-1) - mixed residential and nonresidential use - pursuant to § 550-14D may be counted as meeting the off-street parking requirement; parking spaces provided within private garages for traditional neighborhood development (TND-2) - residential use - pursuant to § 550-14E shall not be counted as meeting the off-street parking requirement, unless the garage size is increased to accommodate parking two vehicles and an additional 20% of storage space | ||
For all dwelling types, spaces that are stacked and require the moving of another vehicle in order to get access to the space shall not be counted toward the off-street parking requirement | ||
Home occupation (Types 2 and 4 only) | 3 off-street parking spaces in addition to spaces required for the residence, with no more than 6 spaces permitted for the residence and the accessory office combined | |
Adult commercial | 3 off-street parking space for each 100 square feet of gross floor area used or intended to be used for servicing customers | |
Automobile sales | 1 off-street parking space for each 500 square feet of interior sales area plus 6 spaces for each repair service bay; parking for customers and for service patrons shall be separated from display and storage spaces for vehicles offered for sale | |
Bed-and-breakfast | 2 off-street parking spaces for the owner-resident, 1 for each guest room, and 1 space for every 2 employees | |
Boarding | 1 off-street parking space for each boarder, in addition to the spaces required for the dwelling unit | |
Cemetery | None | |
Commercial or trade school | 1 off-street parking space per 3 students plus 1 for each instructor | |
Commercial recreation and entertainment | For indoor or outdoor athletic clubs with courts, 1 off-street parking space for each 2 persons of total capacity based on the number of courts; for exercise or fitness clubs, gyms, or dance studios, 1 space for each piece of exercise equipment and 1 space for every 125 square feet of area devoted to classes; for other uses, 1 space for every 50 square feet of floor area | |
Community center | 1 off-street parking space for each 150 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members | |
Contracting | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
Convenience store | 1 off-street parking space for every 150 square feet of gross floor area | |
Day care service | 1 off-street parking space for each teacher, administrator, and maintenance employee, plus off- street spaces equal to 1 space for every 5 pupils to be picked up or dropped off at the same starting time or dismissal time | |
Dwelling in combination with a business | Provide the number of parking spaces for the dwelling type as specified in this section, in addition to those required for the business use | |
Emergency services | 1 off-street parking space for every employee on the 2 major shifts at maximum employment | |
Financial establishment | 1 off-street parking space for each 220 square feet of floor area used or intended to be used for servicing customers; if a drive-through window is provided, a stacking area to accommodate at least 6 vehicles shall be provided for each drive-through window | |
Forestry/timber harvesting | None | |
Fuel storage and distribution | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
Funeral home | 1 off-street parking space for each 4 seats provided in the main assembly area | |
No-impact home-based business | None in addition to those required for residential use | |
Inn | 1 off-street parking space for each rental room or suite, plus 1 additional off-street parking space for each employee | |
Kennel | 1 off-street parking space for each employee | |
Library or museum | 1 space per 250 square feet of floor area | |
Limited village retail/service use | 1 space per 400 square feet of floor area | |
Lumber yard/planing mill | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
Light manufacturing | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
Medical marijuana dispensary | 1 off-street parking space for every 200 square feet of gross floor area | |
Medical marijuana grower/processor | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises, plus 2 additional spaces for visitor parking | |
Motor vehicle fuel station | 6 off-street parking spaces for each service bay plus 1 space for every 50 square feet of convenience shopping space | |
Motor vehicle service center/repair shop | 1 off-street parking space for every 250 square feet of floor area | |
Office, business or professional | 1 off-street parking space for each 300 square feet of floor area | |
Office, medical | 1 off-street parking space per 200 square feet of floor area | |
Nursing home or personal care facility | 1 space for every 3 patient beds | |
Place of worship | 1 off-street parking space for each 3 seats provided in the main assembly area | |
Private club | 1 off-street parking space for every 5 members of maximum permitted club occupancy | |
Public recreation facility | As determined to be necessary by Borough Council | |
Public utility | 2 off-street parking spaces or 1 space per employee, whichever requires the greater number of spaces | |
Repair shop | 1 off-street parking space for each 400 square feet of floor area | |
Research | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
Restaurant with drive-through service | 1 off-street parking space for every 2 seats, or 1 off-street parking space for every 60 square feet of floor area devoted to patron service, whichever requires the greater number of off-street parking spaces | |
Restaurant | 1 off-street parking space for each 50 square feet of floor area devoted to patron service | |
Village retail trade and service business | 1 off-street parking space for every 300 square feet of commercial floor area devoted to customer and client use | |
School | ||
Kindergarten: 1 off-street parking space for each faculty member and employee plus 2 additional spaces per classroom | ||
Elementary School: 1 off-street parking space for each faculty member and employee plus 1 space per 2 classrooms and offices | ||
Junior High School: 1 off-street parking space for each faculty member and employee plus 1 space per 2 classrooms and offices | ||
Senior High School: 1 off-street parking space per faculty member and employee plus 1 space per 10 students of projected building capacity | ||
Telecommunications use | ||
Terminal | Off-street parking spaces as the Planning Commission and Borough Council shall determine adequate to service customers, patrons, visitors, employees and vehicles normally parked on the premises | |
Veterinary office | 1 off-street parking space per 200 square feet of floor area | |
Warehousing and distribution | 1 off-street parking space for every employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises | |
§ 550-20 Buffer and landscape requirements.
A.
Shade tree requirements. All uses shall provide shade trees or street trees in accordance with the Borough Shade Tree Commission requirements, Chapter 486, Subdivision and Land Development, and the Master Tree Plan for the Borough.
B.
Buffer.
(1)
A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained in the following locations:
(2)
The buffer shall be planted along the side and rear property lines and may be located within the required side or rear yard setbacks. Additional plantings may not be required where existing planting, topography, or man-made structures are deemed acceptable for screening purposes by Borough Council.
C.
Landscaped fencing required around uses. Notwithstanding the provisions of § 550-14C, a solid fence not exceeding six feet in height shall be provided around uses that are required by Article IV to have a separation from surrounding properties. A required fence shall have along the exterior perimeter a planting area containing trees and hedges designed to provide a year-round landscaped area to add to the visual screening. If there is an unfinished side to a fence, the finished side must face out toward adjoining properties or the street, and the unfinished side must face inward toward the lot being fenced.
D.
Any portion of a lot in nonresidential use which is not used for buildings, structures, parking, aisles, sidewalks, or designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.
E.
All mechanical and electrical equipment not enclosed in a structure shall be fully screened from view from any point visible from a public street in a manner compatible with the architectural and landscaping style of the lot. The requirements of Article IV for mechanical equipment shall be met.
F.
Plant materials list. Plant materials recommended by the Borough Shade Tree Commission and approved by resolution of Newtown Borough Council are acceptable for street tree plantings and buffer plantings. Minimum sizes of trees to be planted are specified. Borough Council, upon the advice of the Shade Tree Commission, may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit. All planting material shall meet the standards of the American Association of Nurserymen.
§ 550-21 Outdoor lighting.
A.
General standards. Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.
(1)
No use shall produce glare off the premises by illumination originating on the premises. Glare is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which cause annoyance, discomfort or loss in visual performance or visibility for any period of time, no matter how short in duration.
(2)
No bare or direct light source shall be visible beyond the lot lines. All lights shall have a full cutoff fixture, which is defined as a light fixture with light distribution pattern that results on no light being projected at or above a horizontal plane located at the bottom of the fixture. This applies to all pole-mounted lights, building-mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to holiday lights that are temporarily displayed during holiday seasons.
B.
Types of pole-mounted lights permitted. Lighting shall be provided by fixtures with a height not more than 18 feet above finished grade outside the Historic District and shall be limited to no more than 14 feet within the Historic District. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be fully shielded fixtures where the light source is not visible from the property line. Borough Council may consider other types of light fixtures, provided that the intent of the ordinance is met.
C.
Lighting plan required. Any outdoor lighting, such as pole-mounted, building, sign, canopy, or sidewalk illumination, and driveway lights, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow.
D.
Light at the property line. Illumination from light originating on the site shall not exceed 0.5 footcandle at the lot line. Overhead light pollution caused by unshielded or bright lights shall not be permitted.
E.
Maximum lighting levels. The maximum lighting level at areas within each Borough property shall not exceed five footcandles at building entrances and three footcandles elsewhere on the lot.
F.
The type of illumination employed shall be of a type and design appropriate to the lighting application and subject to the approval of Newtown Borough Council.
[Amended 10-9-2012 by Ord. No. 727]
§ 550-22 Environmental protection standards.
A.
Resource protection land. All uses shall meet the following standards for protecting lands with natural resource restrictions. Site alterations, regrading, filling or clearing of vegetation prior to the submission of plans for development shall be a violation of this chapter.
B.
Floodplains. All lands shown on the Flood Insurance Rate Maps (FIRMs) for Newtown Borough as being special flood hazard areas shall be protected from disturbance, clearing or grading, except as permitted by § 550-24, Floodplain District, of this chapter.
[Amended 2-10-2015 by Ord. No. 742]
C.
Steep slopes. On lands with steep slopes that exceed an area of 100 square feet, the following standards shall apply:
D.
Woodlands. No more than 50% of any woodland may be cleared or developed. The remaining 50% shall be protected.
E.
Wetlands. Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either: 1) The United States Army Corps of Engineers Wetlands Delineation Manual; or 2) The Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this chapter "most restrictive criteria" shall mean the criteria that cause the preservation of the most extensive area of wetlands. No wetland areas may be graded, filled, developed, or in any way disturbed.
F.
Streams, waters of the commonwealth, and watercourses. No development, filling, disturbing, piping, or diverting shall be permitted in streams, watercourses, wetlands or waters of the commonwealth.
G.
Riparian buffer. A riparian buffer shall be established along Newtown Creek. The buffer shall be 20 feet in width measured from the top of bank of the stream and extending on both sides of the stream. The area of the riparian buffer shall be counted as part of the minimum lot area. Within the riparian buffer, there shall be no grading, paving, or removal of vegetation, except to provide for a public walkway along the creek and connections from the public walkway to individual properties abutting the creek. The purpose of the buffer is to protect the water quality, prevent erosion and sedimentation, and to prevent flooding.
§ 550-23 Protection of areas with natural resource restrictions.
A.
Areas with natural resource restrictions due to slopes, woodlands, wetlands, floodplains, streams, watercourses, and riparian buffer areas shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, parking areas, or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by natural resources as defined above.
B.
Areas outside of the building envelope of the lot (the area of the lot excluding all required yard areas, setbacks and easements) may contain natural resources as defined herein, provided that those areas so affected must be identified on the recorded plans for the subdivision or land development or on the building permit application and shall be subject to a deed restriction to prevent any disturbance or development of these areas.
§ 550-24 Floodplain District.
[Amended 2-10-2015 by Ord. No. 742; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
See Chapter 300, Floodplain Management, for current floodplain regulations that apply to land disturbance activity in the Borough.
§ 550-25 Nuisance standards.
[Amended 8-13-2024 by Ord. No. 801]
A.
Requirements for all uses. No use shall be permitted which is noxious or offensive to surrounding properties by reasons of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard by fire or explosion. No use shall create any objectionable condition on any other property that would endanger public health or safety or be detrimental to the use of any other properties. All applicable standards of the Bucks County Department of Health, the Pennsylvania Department of Environmental Protection, and the U.S. Environmental Protection Agency, and any other agency with jurisdiction regarding pollution or contaminants shall be adhered to by all uses in the Borough. This applies to fugitive contaminants, particulate matter emissions, sulfur compound emissions, toxic materials, and any other air contaminants regulated by the state and federal authorities; noise, vibration, toxic materials; discharges into watercourses or into the ground; odors; fire or explosive hazards; and storage of chemicals or fuels. The most stringent standards shall apply.
B.
Smoke, ash, dust, fumes, vapors, and gases.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, or gases that violate the Pennsylvania Air Pollution Control Laws[1] or other regulations of the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Administration. There shall be no emission of odorous gases or other odorous material in such quantities as to be detectable at any lot line.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.
(2)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any soiling of persons or property at any point beyond the lot line of the use creating the emission is prohibited.
C.
Noise.
(1)
The sound level of any operation (other than the operation of motor vehicles or other ground transportation facilities on public highways, emergency alarm signals or time signals) shall not exceed the levels designated below. The sound-pressure level shall be measured by a device meeting the most recent specifications as published by the American National Standards Institute (ANSI). ANSI-approved equipment shall also be used to calibrate any device with which the readings are taken.
(2)
Sound-pressure levels in decibels, as measured at or beyond the property line upon which the emission occurs shall not exceed the levels listed below for smooth and continuous noise. For pulsating or repetitive sounds the permissible levels shall be reduced by five decibels in each octave band.
Octave Band (in HZ Cycles per Second) | Along Property Lines Zoned for: | |
|---|---|---|
Residential | Nonresidential | |
(Decibels) | ||
63 | 60 | 72 |
125 | 54 | 67 |
250 | 47 | 59 |
500 | 41 | 52 |
1,000 | 37 | 46 |
2,000 | 34 | 40 |
4,000 | 31 | 34 |
8,000 | 28 | 32 |
(a)
Measurements can also be taken with approved equipment in weighted terms, with limits as shown below, as long as none of the levels listed for each frequency band listed above are exceeded, with the same provisions applicable for pulsating or repetitive sounds.
DBA | 46 | 56 |
D.
Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind an adequate shielding in such a manner as not to create a nuisance to those working or living in the area. Lighting standards shall be met to prevent glare from light fixtures.
E.
Radioactivity or electrical disturbance. There shall be no activities that emit radioactivity at any point. There shall be no electrical disturbance permitted which affects any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection Rules and Regulations.
F.
Environmental protection standards. All uses and activities, including waste disposal, discharges, storage, sewage disposal, fuel storage, and other use, storage or disposal of materials that can cause damage to the air, water, soil, or property shall comply with all Building and Fire Code requirements as well as all requirements of the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency, as well as any other local ordinances and requirements.
G.
Odors. No use or activity shall provide odor detectable at the property line. All food and/or beverage service establishments shall be equipped and designed so that food or cooking odors are not released in a way that affects neighboring properties. All refuse and trash shall be stored so that it does not emit odors.
H.
Liquids; waste disposal. No nonresidential use or activity shall emit any liquid for cleaning, washing, cooking, fuel, cooling or any other purpose related to the use onto any other property or onto the streets or public places of Newtown Borough. All such material must be completely stored and captured, and transported from the property by an approved transporting entity.
I.
Keeping of chickens as accessory to single-family dwelling.
It is recognized that keeping chickens can have positive benefits for residents in the form of food production and companionship when done well using best practices. The purpose of this subsection is to establish certain requirements for noncommercial keeping of chickens within certain residentially zoned areas. The keeping of chickens is permitted as an accessory use to single-family detached and single-family semi-attached (twin) dwellings in the BR-1, BR-2, BR-3, BR-4, V-1, and V-2 Zoning Districts, subject to the following requirements:
(1)
Type and number of chickens.
(a)
Only the keeping of hens/female chickens is permitted. The keeping of roosters/male chickens is strictly prohibited. Roosters that are present on a property as of the effective date of this subsection shall be permitted to remain, subject to the requirement that they be kept in such a manner as to not be a nuisance to neighboring properties. No new roosters shall be permitted.
(b)
A minimum net lot area of 5,000 square feet is required to keep chickens.
(c)
No more than four hens/female chickens shall be permitted on properties with a net lot area between 5,000 square feet and 7,500 square feet.
(d)
No more than eight hens/female chickens shall be permitted on properties with a net lot area between 7,500 square feet and 10,000 square feet.
(e)
No more than 12 hens/female chickens shall be permitted on any property.
(f)
Any chickens in excess of the permitted number of chickens permitted on any one property, as provided herein, which are in existence prior to the effective date of this subsection shall be permitted to remain in excess of such limitation until the demise or other permanent removal of any such chicken from the property. No chicken in excess of such limitation shall be permitted to be replaced.
(2)
Permitting and inspection.
(a)
Any resident desiring to keep chickens shall apply for and obtain a chicken keeping permit from the Borough, on a form available from the Code Enforcement Officer. The fee for a chicken keeping permit shall be set by resolution of Borough Council. Permits shall be for a period of no more than one year and shall be renewed on an annual basis.
(b)
Chicken coops, chicken runs, and fences are not permitted to be installed before submitting a complete permit application to the Borough and receiving approval from the Borough Code Enforcement Officer.
(c)
If a tenant should wish to keep chickens on rented property, then the tenant must secure written authorization from the property owner, in a form acceptable to the Borough Code Enforcement Officer, as well as conform to all other requirements as enumerated in this section. Both tenant and landowner shall be jointly and severally responsible for compliance with the provisions of this section.
(d)
The Code Enforcement Officer and/or their designee(s) shall have the right to inspect any chicken coop, chicken run, and fencing between 8:00 a.m. and 5:00 p.m. (Monday through Friday). The inspector shall issue any order deemed necessary to comply with any and all federal, state, county, and municipal codes. Twenty-four hours' notice shall be given to the property owner where practicable.
(3)
Keeping of chickens.
(a)
All chickens shall be kept in a sanitary and humane manner and in such a way as to not be a nuisance to adjoining property owners, as defined herein. All chicken waste shall be cleaned and disposed in a sanitary manner. The Borough shall use the standards set forth at https://extension.psu.edu/small-scale-poultry-housing as a general guideline for determining whether chickens are being kept in a sanitary and humane manner. The Borough encourages chicken owners within the Borough to utilize the practices referenced therein.
(b)
All chickens shall be housed within a secure, fully enclosed, chicken coop which is contained within a fenced chicken run.
(c)
There shall be at least four square feet (4 ft2) of space for each chicken within the coop and an additional 10 square feet (10 ft2) of space per chicken within the chicken run.
(d)
The chicken run fence shall be made of durable materials, such as wood and wire mesh, extending underground for at least one foot and have an aboveground height of at least four feet and shall be of semi-permanent construction. The chicken run shall also have a roof made of either wire mesh or aviary netting to protect against predators or a more permanent roof structure. The height of the chicken coop and chicken run shall not exceed six feet.
(e)
It shall be unlawful to let any chicken roam freely outside of the areas of the chicken coop and chicken run.
(f)
Chicken coops, chicken runs, and fencing shall be located in the rear yard only and shall be no closer to any property line than permitted for an accessory structure within the applicable zoning district and no closer than 15 feet to any dwelling.
(g)
In the event a property owner elects to install a fence to shield the keeping of chickens from surrounding properties, all perimeter fences, but not the enclosed chicken coops and chicken runs, shall comply with all applicable HARB and/or other requirements under the Code.
(h)
All chicken-related materials and feed must be kept in a secure enclosed structure on the premises so as to prevent vermin and any nuisance to surrounding neighbors.
(i)
All chicken waste must be cleaned up and stored in an insect-proof container. All chicken waste must be disposed of regularly in a sanitary way acceptable to the Borough.
(j)
Vacant chicken coops shall be removed within 30 days of the last chicken being removed from the coop. Vacant chicken coops existing at the time of the enactment of this subsection shall be removed within 30 days of the effective date.
(5)
The sale of chickens or chicken eggs for commercial purposes is prohibited. De minimus egg sales are permitted, as determined by the Code Enforcement Officer in their sole discretion, subject to the regulations of other agencies, where applicable.
(6)
It shall be unlawful and shall constitute a nuisance if any chicken, chicken coop/run, or fenced area produces odors, excessive noise, at and beyond the property lines or attracts vermin, or is kept in an unsanitary condition and/or is otherwise a concern to public health in the discretion of the Code Enforcement Officer.
(7)
The keeping of chickens shall not be permitted as an accessory use on a property where such use is prohibited by a covenant, restriction, rule or regulation of a homeowners' or other association which includes the property. Permit applications for properties located in communities subject to a homeowners' association or other association shall include written approval from the appropriate authority authorizing permission to keep chickens, for the number of chickens permitted, and for the location and size of the chicken coop and run.
§ 550-26 Layout standards for required open space.
Open space whose purpose or resulting effect is to enhance the private yards of individual lots shall not be considered to meet this chapter's requirements for open space and shall not be counted in the calculation of minimum required open space. Narrow or irregular pieces of land which serve no public open space function or which are remnants leftover after the lots, streets and parking areas have been laid out shall not be considered to meet this chapter's requirements for open space and shall not be counted in the calculation of minimum required open space.
§ 550-27 Water supply; sewage disposal systems; wells.
[Amended 5-8-2007 by Ord. No. 681]
A.
Private water supplies are prohibited in Newtown Borough for any purpose. All proposed public water connections shall meet the applicable minimum requirements set forth this chapter and in Article VI of Chapter 486, Subdivision and Land Development, as amended, for all public water supply connections.
B.
Private sewage or community sewage disposal systems are prohibited in Newtown Borough. All proposed public sanitary sewer connections shall meet the applicable minimum requirements set forth in this chapter and in Article VI of Chapter 486, Subdivision and Land Development, as amended, for all public sanitary sewer connections.
C.
Unless specifically permitted elsewhere in this chapter, private wells are prohibited in Newtown Borough for any use or purposes.