Upper Makefield Township
City Zoning Code
City Zoning Code
ARTICLE II
Definitions
§ 200 General.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Unless a contrary intention clearly appears, the following words and phrases shall have for the purposes of this Ordinance the meanings given in the following clauses.
For the purpose of this Ordinance, words and terms used herein shall be interpreted as follows:
Words used in the present tense include the future.
The singular includes the plural.
The word "person" includes a corporation, partnership, and association, as well as the individual.
The word "lot" includes the word "plot" or "parcel."
The term "shall" is mandatory.
The words "used" and "occupied" as applied to any land or structure shall be construed to include the words "intended, arranged, or designed to be occupied."
The phrase "Joint Municipal Planning Commission" always means the Joint Municipal Planning Commission for the three participating municipalities: Newtown Township, Upper Makefield Township, and Wrightstown Township.
The phrases "municipal planning commission" and "local planning commission" mean any of the Newtown Township Planning Commission, the Upper Makefield Township Planning Commission, or the Wrightstown Township Planning Commission.
The words "municipality," "participating municipality," "governing body," or "participating governing body" mean any of Newtown Township Board of Supervisors, Upper Makefield Township Board of Supervisors, or Wrightstown Township Board of Supervisors, whichever has jurisdiction.
The phrase "Joint Zoning Council" always means the Joint Zoning Council for the three participating municipalities: Newtown Township, Upper Makefield Township, and Wrightstown Township.
The phrase "Local Zoning Hearing Board" (hereinafter designated "LZHB") shall mean a zoning hearing board separately established by each participating municipality in accordance with Article XV.
The phrase "Joint Municipal Region" and the word "Region" always means the area comprising the participating municipalities: Newtown Township, Upper Makefield Township and Wrightstown Township.
§ 201 Definitions designated.
[Amended effective 6/23/2024 by JMZO Ord. No. 2024-02, adopted 6/18/2024.[1]]
A subordinate structure, the use of which is customarily incidental to that of the principal structure and which is located at the same lot as the principal structure.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A way for vehicular and foot traffic leading from any street.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An acre is 43,560 square feet.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The Pennsylvania Municipalities Planning Code of July 31, 1968, P.L. 53 P.S. § 10101 et seq. (Act No. 247) as supplemented and amended from time to time.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Soils classified in the Soil Survey of Bucks County, Pennsylvania, U.S. Department of Agriculture, Natural Resources Conservation Service, 2002 (as revised) as "Prime Farmland" and "Statewide Important Farmland," and soils referred to in the 1975 Soil Survey as Class I, II, or III soils.
[Amended effective 5/2/2005 by JMZO Ord. 2005-01, § I, adopted 4/27/2005. Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Alterations include, but are not limited to the following:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
All incidental changes or replacement in the non-structural parts of a building or other structure;
Minor changes or replacements in the structural parts of a building or other structure, including, but not limited to, the following examples:
Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby;
Alteration of interior partitions in all other types of buildings or other structures;
Constructing windows or doors in exterior walls;
Strengthening the load bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.
Animals that exist wholly or partly on naturally growing pastures which usually consist of true grasses, together with other forage species such as legumes.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4, adopted 5/2/2007.]
One horse, cow or mule; or two donkeys; or four alpaca; or five sheep; or six goats; or one of any other grazing animal not listed. Suckling offspring are included within the same animal unit as the mother until weaned.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4, adopted 5/2/2007.]
Animals that exist in confined pens, cages, buildings or feed lots on feeds typically harvested and fed to the animals.
[Added effective 5/7/2007 by JMZO Ord. 2006-04, § 4, adopted 5/2/2007.]
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.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
The openings between vertical and/or horizontal fascia boards on the same side of a fence.
[Added effective 11/18/2013 by JMZO Ord. 2013-05, adopted 11/13/2013.]
The total area of a sign including all borders and trim but not structural elements.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
See Site Area, Base.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An enclosed area partly or completely below grade. It shall be considered a building story if more than 1/3 of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is equal to at least 10% of the enclosed floor area.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
See Outdoor Advertising Sign.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A person 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 week or more at a time to the owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than one week at a time shall be classified for purposes of this Ordinance not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A strip of required yard space adjacent to the boundary of a property, district, road, street, or highway, not less in width than is designated in this Ordinance, and on which is placed year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and to give maximum protection and immediate screening to an abutting property or district. A buffer yard may include a wall or fence or a solid wall or fence, provided that such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting district.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Building. A structure under roof, used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.
Building, Accessory. A subordinate building located on the same lot as a principal building and which is clearly incidental and subordinate to the principal building. Any portion of a principal building used or devoted to any accessory use is not an accessory building.
Building, Principal. A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
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.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The line parallel to the proposed 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; provided that, in the case of a lot where the side lines are not parallel, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street than the required front yard.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The term used to describe the size of buildings or other structures and their relationship to each other, to open areas such as yards, and to lot lines, and therefore includes:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A story, partly underground, and having more than 1/3 of its height (measured from floor to ceiling) below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or square footage, nor shall it be used for dwelling purposes.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A place for the burial or interment of the dead. This term does not include crematoriums when used in this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
As it pertains to wireless communications facilities, the mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility or light pole.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
As defined within the Uniform Condominium Act No. 82 of 1980, real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the included interest in the common elements are vested in the unit owners.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Contiguous shall mean immediately adjacent, abutting, bordering, and/or sharing a common property line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot fronting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points within the lot or at the points of intersection of the side lot lines within the street line intersect at an angle of less than 135°. Front yards are required on both streets, the remaining yards are to be side yards.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The number of dwelling units per unit of area. Density is used to determine the permitted number of dwelling units as applied in § 902, Site Capacity Calculations.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, and the subdivision of land. "Development" includes the erection or construction upon any lot or tract of any structure, any impervious surface, or any parking or loading area (whether or not covered by an impervious surface).
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A network of spatially separated antenna sites connected to a common source that provides wireless communications service within a geographic area or structure.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A facility that links various DAS antennas used by wireless providers to transmit wireless signals throughout a localized coverage area. Typically, these facilities contain head-end equipment, such as equipment for wireless service providers, a neutral host cabinet, and electrical equipment.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A private strip of land, generally graded, usually hard surfaced, intended for use as a means of vehicular or pedestrian access to an individual lot.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Single-family detached dwellings, i.e., buildings designed for or occupied as a dwelling for one family;
Two-family dwellings, i.e., buildings designed for or occupied as two dwellings for two families; and
Single-family attached dwellings, i.e., buildings designed for, occupied, or used for dwelling purposes by three to eight families living independent of one another.
Multi-family dwellings, i.e., buildings designed for, occupied, or used for dwelling purposes by six or more families living independently of one another.
One or more rooms for living purposes, together with cooking and sanitary facilities, which are used or intended to be used by one or more persons living together and maintaining a common household. Each shall be accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The lowest horizontal line of a sloping roof.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Standardized indicators of electrical force or voltage, at which an electric vehicle's battery is recharged. The terms Level 1, Level 2, and Level 3 are the most common charging levels, and include the following specifications:
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Level 1 is considered slow charging and operates with a voltage range from 0 to 120.
Level 2 is considered medium charging and operates with a voltage range from 120 to 240.
Level 3 is considered fast or rapid charging and operates with a voltage range over 240. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
General Use. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
Private Restricted Use. An electric vehicle charging station that is not available for use by the general public. Examples include electric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas.
Public Use. An electric vehicle charging station that is accessible to and available for use by the public.
A condition that:
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full- or part-time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The zoning officer, building inspector, or other individual appointed by the municipality to enforce this Ordinance within the jurisdiction of the municipality.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An addition to the floor area of an existing building, an increase in size of another structure, or an increase in that portion of a tract of land occupied by an existing use.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Federal Communications Commission.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
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 or parapet of the facades.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A single housekeeping unit intended to provide a stable, permanent and functional lifestyle including one or more persons related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants 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 unit and maintaining a common household with single cooking facilities. A roomer, boarder, or lodger shall not be considered a member of the family. The limit of not more than five persons unrelated by blood, foster relationship, marriage, or adoption shall not apply to persons protected under the Federal Fair Housing Amendments Act, 42 U.S.C. § 3601 et seq., or the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
[Amended effective 6/10/2006 by JMZO Ord. 2006-01, § I; adopted 6/5/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Added effective 7/23/2007 by JMZO Ord. 2006-20, § 1; adopted 7/18/2007. Amended effective 12/9/2018 by JMZO Ord. No. 2018-01, adopted 12/4/2018.]
Consumer Fireworks. As defined in Pennsylvania law, "Fireworks, Definitions," the term "consumer fireworks" shall mean and include any combustible or explosive composition or any substance or combination of substances which is intended to produce visible or audible effects by combustion and which is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard. The term does not include devices as "ground and hand-held sparkling devices," "novelties" and "toy caps" in APA Standard 87-1 or any successor standard.
Display Fireworks. As defined in Pennsylvania law, "Fireworks, Definitions," the term "display fireworks" shall mean large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than two grains (130 mg) of explosive materials, aerial shells containing more than 60 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks under UN0333 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).
Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as defined in APA Standard 87-1.
The sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from centerlines of walls separating two buildings. In particular, floor area includes, but is not limited to, the following:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Basement space, if it meets the requirements of a building story;
Elevator shafts, stairwells, and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more;
Roofed terraces, exterior balconies, breezeways, or porches, provided that over 50% of the perimeter of these is enclosed;
Any other floor space used for dwelling purposes, no matter where located within building;
Accessory buildings, excluding space used parking or loading berths;
Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The management of forests and timberlands when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes, which does not involve any land development.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A machine at a fueling station that is used to pump gasoline or diesel into vehicles or other permitted receptacles allowed by the State of Pennsylvania. The dispenser shall be sized where only one vehicle on each side is allowed, but more than one hose with different types of gasoline or diesel fuels are allowed on each side of the dispenser.
[Added effective 9/23/2020 by JMZO Ord. No. 2020-02, adopted 9/23/2020.]
An accessory building used for the storage of any number of motor vehicles, which may include commercial vehicles owned and used by the owners or tenant of the premises.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The vertical distance measured from the average level of the finished grade along all the exterior walls of a building to:
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The highest point of the roof, in the case of a flat roof;
The mean height between the eaves and the ridge, in the case of a pitched roof;
The highest point of any accessory structure or other irregularity which rises wholly or partly above the general or average roofline, and whose area equals or exceeds 10% of the ground floor area of the building which supports it.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Impervious Surfaces. Impervious surfaces are those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the municipal engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
Impervious Surface Ratio. The impervious surface ratio is a measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the base site area.
Buildings for public or quasi-public use grading, paving, street lights and signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts, monuments, retaining walls, and shade trees; as proposed or required, and intended for dedication to the municipality.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The municipalities of Newtown Township, Bucks County, Pennsylvania; Upper Makefield Township, Bucks County, Pennsylvania; and Wrightstown Township, Bucks County, Pennsylvania.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Natural or artificial bodies of water which retain water year round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the high water level. Lakes are bodies of water two or more acres in extent. Ponds are any water bodies less than two acres in extent.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An area abutting the building especially designated for the loading and unloading of vehicles and which has convenient access to a storage location for the goods loaded or unloaded, such access being furnished by an elevated floor, a recessed vehicle parking area, a ramp, or other facility of like purpose.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A parcel of land in single and separate ownership described by metes and bounds or in some other manner either by the written word or by a plan or drawing, the description of which shall be recorded in the Office of the Recorder of Deeds of Bucks County by a deed description, or described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Bucks County.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Lot Area. The area contained within the property lines of a lot (as shown on the development plan), excluding space within an existing or ultimate street right-of-way and within all permanent drainage easements, but including the areas of all other easements assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this Ordinance shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.
Lot Area per Dwelling Unit, Average (Minimum). The minimum lot area which is expressed as an average of all lots for a single type of dwelling unit.
Lot Depth. The mean distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.
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 line.
Lot Line, Front. See Street Line.
Lot Line, Rear. Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
Any lot line which is not a street line or a rear lot line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
Mobile Home. A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly which is contained in one unit, or in units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without a permanent foundation.
Mobile Home Lot. A parcel of land in a mobile home park which is improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home and which is leased by the park owner to the occupants of the mobile home erected on the lot.
obile Home Park. A parcel of land in a performance subdivision which has been planned and improved for the placement of mobile homes for nontransient use and which consists of two or more mobile home lots.
A generally standard construction dwelling unit in which some or all of the structural skin or service units (kitchens, baths) are manufactured off-site in a factory, transported to the site and tied in and erected on foundation and prepared on-site. The term includes "module," "prefab," "factory-built," "panel-built," etc. The completed unit must meet the standards of the municipal building code, and the unit is considered real property.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A wireless communications facility 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.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Components of a wireless communications facility other than wireless support structures.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
The legal occupant of a building or premises licensed to engage in a business, residence, or profession, or exempt from license due to governmental, educational, religious, or other privileged status.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A parcel or parcels of land or a combination of land and lakes, ponds and streams within a development site used for recreation, farmland preservation or resource protection which shall remain undeveloped and is protected from future development by the provisions of this Ordinance and the township Subdivision and Land Development Ordinance. Open space shall be designed and intended for the use or enjoyment of the residents of the residential development, except where open space is approved by the governing body for agricultural uses or to be included in fee-simple lots under the provisions of the § 1005.C.3 and .4. In nonresidential development, open space is undeveloped area as determined under § 902, "Site Capacity Calculations."
Required minimum open space area shall not include land occupied by roads; road rights-of-way; the yards or minimum lot areas of dwelling units; minimum separation distances between dwellings; driveways; parking areas; stormwater management areas, including basins regardless of depth, or any lands or uses or activities which are specifically prohibited in open space by the terms of this Ordinance except where the governing body, determines that it's in the best interest of health, safety, and welfare to allow in the open space access ways and parking areas accessory to and necessary for agricultural, recreational or cultural public facilities permitted pursuant to JMZO § 1005.A.1. For the purpose of the JMZO, open space shall not include areas preserved by public entities or not for profit foundations through fee simple acquisition or the purchase of conservation easements ("preserved property"). The uses of and activities on preserved property shall be governed by the deed of acquisition or conservation easement which preserved the property. [Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-05, § I; adopted 12/3/2008.] |
The top of a building or wall or facade which is raised above the roof.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A land development in which mixed residential types are encouraged in order to promote sound land planning and to provide a variety of housing choices. Such subdivisions cluster housing to provide open space.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
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 or other state or federal law, provided that "person" does not include or apply to the Township or to any department or agency of the Township.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Any business establishment which contains four or more pool or billiard tables which furnishes said tables to the public for rent on a timed basis.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any tax parcel within a municipality.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Notice published once a week for two successive weeks in a newspaper or general circulation in the municipality. 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 less than seven days from the date of the hearing.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any building or structure or extension thereof used, or to be used, by a public utility, corporation, or authority for public utility purposes.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
An excavation, or other place, from which stone, slate, limestone, or other minerals are removed by cutting, digging, blasting, or other methods; and which includes, but is not limited to, those related operations of crushing, sorting, sizing, or stockpiling of all quarried material, overburden, and topsoil; and which includes, but is not limited to, those related facilities of settlement basins, equipment maintenance, and parking.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Resource Protection Land. Resource protection lands include that portion of lands in floodplain, floodplain soils, lakes or ponds, wetlands, shorelines, steep slopes, various woodland associations, agricultural soils, and aquifer recharge areas that must remain undeveloped as determined by the resource protection ratio.
Resource Protection Ratio. A measurement of the development constraints of a natural resource. Development may encroach upon a portion of the total area of some natural resources. The extent of that encroachment is determined by dividing the area of the encroachment by the resource protection land.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Right-of-Way. Land set aside as right-of-way for use as a street, alley, means of travel or public utility and for which a deed of easement, right-of-way or other dedication for such use is now or hereafter a matter of public record.
Existing Right-of-Way. The legal right-of-way as established by the Commonwealth or other appropriate governing authority and currently in existence.
Ultimate Right-of-Way. The right-of-way deemed necessary by the Joint Municipal Comprehensive Plan for Newtown Township, Upper Makefield Township, and Wrightstown Township and shown on the Highway Classification Map in this Ordinance in order to provide adequate width for future street improvements.
The classification of roads as described in the Joint Municipal Comprehensive Plan for Newtown Township, Upper Makefield Township and Wrightstown Township and shown on the Highway Classification Map included in this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
The highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line, or the highest line common to one or more principal slopes of the roof. On a flat roof, the roof line is the highest continuous line of the roof.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any municipally- or privately-owned sewer system in which sewage is collected from several buildings on a single property or from several lots and treated at a common plant. The design, operation, and location of the sewer plant shall be in accordance with the waste water policies of the Joint Municipal Comprehensive Plan and the Act 537 Plan of the participating municipality where the building or development is proposed. For the purposes of this Ordinance, community sewage systems shall be defined in accordance with Chapter 71.7(7), Administration of Sewage Facilities Program, Pennsylvania Sewage Facilities Act (Act of January 24, 1966), P.L. 1535, as amended, 35 P.S. § 750.1 et seq.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any letter, number, symbol, figure, light or configuration of lights character, mark, plane, design, picture, stroke, stripe, trademark, or combination of these which is constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever; which is used to attract the public to any place, subject, person, firm, corporation, public performance, product, article, or merchandise; and which is displayed in any manner whatsoever so that it can be seen from the right-of-way. Definitions of types of signs are found in § 1101 of this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 10/11/2008 by JMZO Ord. 2008-07, § 01; adopted 10/6/2008.]
The ownership of a lot, tract, or parcel of land by one or more persons, partnerships, corporations, or other legal entities, which is separate and distinct from the ownership of any abutting or adjoining lot, tract, or parcel. "Separate and distinct" means that the lot, tract, or parcel owned does not abut or adjoin any other lot, tract, or parcel of land under the ownership or control of the same one or more persons, partnerships, corporations, or other legal entities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Site Area, Base. The remainder of the gross site area after subtracting all lands identified in § 902.B.1.b.
Site Area, Gross. All land area within the site as defined in the deed. Area shall be determined from an actual site survey rather than from a deed description.
Site Area, Net Buildable. That part of the base site area remaining for development after the amount of open space necessary for resource protection and recreation has been calculated.
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, and light poles.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Areas where the average slope exceeds 15% and which, because of this slope, are subject to high rates of stormwater run-off and therefore erosion.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
That part of a building located between the surface of any floor and the floor or roof next above. The first story of a building is the lowest story having 2/3 or more of its area above grade level or having the floor at the level of the exterior grade on one or more sides. A half story is a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. Also see "Basement," herein.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
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 and space for public utilities. Streets are further defined and classified as follows:
The specific classification for each street is shown on the "Highway Classification Map," which accompanies and is hereby made a part of this Ordinance.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Thoroughfares.
Expressway, designed for large volumes of and highspeed traffic and with access limited to grade-separated intersections;
Principal Arterial Road, a continuous route having trip length and travel density characteristics indicative of substantial statewide or interstate travel.
Minor Arterial Road, a route providing interstate and service.
Scenic Road, a route with limited access that maintains a narrow cartway for scenic travel and not intended to provide a level of service for intercounty or interstate transportation.
Major Collector Road, a route which should link places of traffic generation with nearby larger towns or with more important intracounty corridors.
Minor Collector Road, a route which is provided at intervals, consistent with population density, to collect traffic from local streets.
Local Streets.
Feeder Street, designed to function as an intersector and intratownship facility, serving as a feeder to the arterial system and also serving intertownship route to travel.
Commercial Street, designed to serve the properties in older, established commercial areas.
Local Street, designed to serve the properties fronting thereon, generally to discourage through traffic.
Alley, a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Driveway, generally a private way for vehicular and pedestrian access between a public street and a parking area within a lot or property.
Cul-de-Sac, a local street intersecting another street at one end and terminating in a vehicular turn-around at the other end.
Half (Partial) Street, a street generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for movement and use of the street.
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way; provided that where an ultimate right-of-way width for a road or street has been established, that width shall determine the location of the street line.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-05, § II; adopted 12/3/2008.]
As it pertains to wireless communications facilities:
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Swimming Pool, Permanent. A pool which by the nature of its construction attaches to and becomes part of the realty upon which it is constructed, regardless of whether it is below ground, partially above the ground surface, or completely above the ground surface. All artificial bodies of water will fall within this classification if their construction normally requires excavation.
Swimming Pool, Semi-permanent. A pool which by the nature of its construction is erected above ground level and is reasonably capable of being dismantled on a seasonal basis. A pool capable of being filled to a depth of more than 36 inches at the deepest or lowest point, is not within the classification of permanent swimming pool.
An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Primary Tower-Based WCF. Any structure exceeding 35 feet in height 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 designed for the attachment of antennas of one or more wireless communications providers.
Secondary Tower-Based WCF. Any structure 35 feet or less in height that is used for the purpose of supporting one or more antennas, including, but not limited to, poles used to support DAS facilities, utility poles and light poles.
DAS hub facilities are considered to be tower-based WCFs. Buildings which have been constructed for the shelter or enclosure of persons, animals or property other than wireless communications facilities are not tower-based wireless communications facilities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Use. Any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
Use, Accessory. A use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
Use, Principal. The main use on a lot.
Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles, and the like).
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any vehicle that operates exclusively on electrical energy from an offboard source that is stored in the vehicle's batteries and produces zero tailpipe emissions or pollution when stationary or operating.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Any vehicle that is licensed and registered for operation on public and private highways, roads and streets; either partially or exclusively, on electrical energy from the grid, or an off-board source that is stored onboard via a battery for motive purpose. This includes both a battery electric vehicle and a plug-in hybrid electric vehicle.
Any motor vehicle that does not meet the definition of "Electrical Vehicle."
An electric vehicle that contains an internal combustion engine and allows power to be delivered to drive wheels by an electric motor; charges its battery primarily by connecting to the grid or other off-board electrical source; may additionally be able to sustain battery charge using an on-board internal combustion-driven generator; and has the ability to travel powered by electricity.
A coin-operated machine, mechanical machine, or electronic machine, which operates or may be operated as a game or contest of skill or amusement of any kind or description.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Any business establishment which contains four or more Video Gaming/Pinball Devices as defined in this Ordinance
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Ground planted with grapevines cultivated for the purpose of producing wine. A vineyard is an agricultural use where grapes and/or other wine-producing crops are grown. A vineyard used exclusively for the production of grapes and/or other wine-producing crops shall be considered an A-1 Agriculture and Horticulture Use.
[Added effective 7/23/2007 by JMZO Ord. 2006-06, § 1, adopted 7/18/2007.]
Any stream of water, river, brook, creek or swale in which water flows in a definite direction or course, either continuously or intermittently, and has a defined bed and banks.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article II; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
All watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of the Commonwealth of Pennsylvania.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-04, § I; adopted 12/3/2008.]
Wetlands. Areas of hydric soils that are inundated or saturated by surface or ground water 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.
Wetland Transition Area. An area extending from the outer limit of the wetland. Transition areas are an integral part of the wetlands ecosystem that provide habitat for plants and animals and serve as buffers to minimize the adverse impacts of human activities on wetlands.
A place where wine is produced and bottled. A winery processes grapes and other fruit products or vegetables, to produce wine or similar spirits. Processing includes crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery, warehousing and wholesale sales. A use which is solely a winery or a winery in conjunction with a vineyard is an A-1 Agricultural Use.
[Added effective 7/23/2007, by JMZO Ord. 2006-06, § 1; adopted 7/18/2007.]
Transmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
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.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned land or property.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A freestanding structure, such as a tower-based wireless communications facility, buildings which have been constructed for the shelter or enclosure of persons, animals or property other than wireless communications facilities, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
[Added effective 3/7/2015 by JMZO Ord. 2015-01, adopted 3/2/2015.]
A wooded lot is any area with more than 10 trees greater than six inches in caliper measured at a point four feet above grade on any half acre of a subdivided lot for single-family detached dwelling.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Areas, groves, or stands of mature or largely mature trees (i.e., greater than six inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acres; or groves of mature trees (greater than 12 inches caliper as measured at a point four feet above grade) consisting of more than 10 individual trees per acre.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
Yard. An open space unobstructed from the ground up, on the same lot with a structure, and extending along a lot line or street line inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
Yard, Front. A yard between a structure and a street line and extending the entire length of the street line. In the case of a lot that fronts on more than one street, the yards extending along all streets are front yards.
Yard, Rear. A yard between a structure and a rear lot line and extending the entire length of the rear lot line.
Yard, Side. A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a 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.