The purpose of these subdivision and land regulations is to
regulate and control the division and development of the land within
the Township in order to preserve, so far as possible, agricultural
lands, scenic areas, historical sites and water resource lands, thereby
promoting the public health, morals and general welfare of the community.
[Amended 4-6-1983 by Ord.
No. 102]
It is the general of these subdivision regulations to regulate
the division and development of land so as to:
B.
Regulate the flow of traffic in the streets and highways.
C.
Further the orderly and appropriate use of land.
D.
Secure safety from fire, panic and other damages.
E.
Facilitate adequate provision for transportation, water, sewerage,
schools, parks, playgrounds and other public facilities.
F.
Assure sites suitable for building purposes and human habitation,
and to provide for the harmonious development of the Township.
G.
Coordinate existing streets with proposed streets, parks or other
features of the Township.
H.
Insure adequate open space for traffic, recreation, light, air and
effective drainage.
I.
Provide proper distribution for population.
J.
Give effect to the policies and proposals of the Comprehensive Plan for the Township and implement the requirements of Chapter 27, Zoning.
K.
Insure acquisition, development and maintenance of adequate recreational
areas and facilities to serve the people that live and work in the
Township.
This chapter may be cited as the "Upper Makefield Township Subdivision
and Land Development Regulations" or just "Subdivision Regulations."
[Added 1-5-1981 by Ord.
No. 75]
The provisions of this chapter are intended to conform to the
provisions of Act 247 of 1968, P.L. 805, as amended (being the Pennsylvania
Municipalities Planning Code, as amended).[1] If any of the provisions, or portions thereof, of this
chapter conflict with any of the provisions of Act 247, as amended,
then, in such an event, the provisions of this chapter inconsistent
with Act 247, as amended, is hereby substituted therefor.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
For the purpose of this chapter, words and terms used herein
shall be interpreted as follows:
A.
Words used in the present tense include the future.
B.
The singular includes the plural.
C.
The word "person" includes a corporation, firm, partnership and association,
as well as an individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The word "Commission" and the words "Planning Commission" always
mean the Upper Makefield Township Planning Commission.
F.
The word "Supervisor" and the words "Board of Supervisors" always
mean the Upper Makefield Township Board of Supervisors.
[Amended 8-8-1978 by Ord.
No. 59; 1-5-1981 by Ord. No. 75; 4-6-1983 by Ord. No. 102; 6-25-1984 by Ord. No. 107; 10-17-1984 by Ord. No. 110; 5-7-1986 by Ord. No. 123; 8-16-1989 by Ord. No. 150; 12-20-2006 by Ord. No. 271-1]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who submits to the Board of Supervisors subdivision
or land development plans for the purpose of obtaining approval thereof.
"Applicant" also means owner.
The submission to the Township Secretary of the required
number of plans, application forms and other required materials, together
with the remittance of the required deposit.
An area divided in lots and usually bounded by streets.
A strip of required yard space adjacent to the boundary of
a property, district, road, street or highway on which is placed year-round
shrubbery, hedges, evergreens or other suitable plantings of sufficient
height and density to constitute an effective screen and give maximum
protection and immediate screening to an abutting property or district;
a buffer area 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.
Any combination of materials to form a permanent structure
having walls or a roof, including all mobile homes and trailers.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, including sun parlors, foyers, porches,
breezeways, carports, bay windows not extending more than one story
and not projecting more than five feet, steps and balconies excluding
cornices, eaves, gutters or chimneys projecting not more than 18 inches.
It shall not include parking lots, sidewalks or other non-building
areas.
A building subordinate to the principal building on a lot,
used for purposes customarily incidental to those of the principal
building.
A building on which is conducted the principal use of the
lot on which it is situated.
The rear line of the minimum required front yards. The building
setback line shall be measured from the street line.
The portion of a street or road intended for vehicular use.
The maps, charts and descriptive matter officially adopted
by the Board of Supervisors, showing, among other things, objectives
appearing to be for the most appropriate use of land, for the most
desirable density of population, for a system of thoroughfares, parkways
and streets, for parks and recreation areas, for the general location
and extent of facilities for water, sewer, light and power, and for
the general location, character and extent of community facilities.
A street with access at one end and terminated at the other
by a paved vehicular turnaround.
The total number of dwelling units divided by the total number
of acres in the tract including, but not limited to, any residential
streets to be built in conjunction with the development and including
any land to be set aside and/or dedicated as public and/or private
open space.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land and/or land development.
Areas of a lot or tract on which development is permitted,
the size of which is computed by multiplying the maximum density permitted
under the Zoning Ordinance[1] for the tract to be developed, by the maximum lot size permitted by the Zoning Ordinance for a planned preservation development, and the location of which is determined in accordance with the provisions of Chapter 27, Zoning.
Any ditch, pipe, culvert, storm sewer or structure designed,
intended or constructed for the purposes of diverting surface water
from, or carrying surface waters off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision or land development.
A building designed for and occupied for residential purposes,
excluding hotels, institutional homes, motor courts and the like and
including, but not limited to, the following:
Single-family dwellings, i.e., buildings designed for occupied
as dwellings for one family.
Two-family dwellings, i.e., buildings designed for or occupied
as a dwelling for two families.
Multiple dwellings, i.e., buildings designed for, occupied or used for dwelling purposes by three or more families living independently from one another in units commonly called apartments, townhouses or dwelling units, or a group of three or more buildings designed, occupied or used for such purposes which are located so as to violate the lot area or yard requirements of Chapter 27, Zoning.
A grant of the use of a parcel of land to the use of the
public, a corporation or person, for a specified purpose.
For the purpose of clearly identifying the extent of the
Township Engineer's responsibility in the review of subdivisions and
land development, the following engineering considerations are defined.
The Engineer shall make recommendations indicating approval or disapproval
of the proposed subdivision or land development based upon, but not
limited to, the following various engineering considerations as they
are reflected in the submitted plans:
Dimensions of lots or parcels.
Soil conditions.
Surface and subsurface drainage conditions and plans.
Lighting plans.
Utility plans.
Location and design of entrance and exit accessways.
Road specifications, cross-sections and profiles.
Profiles.
Sewage disposal.
Conformance of the plans with Chapter 27, Zoning.
Improvements required, i.e., materials, construction methods
and workmanship.[2]
Any areas of Upper Makefield Township, classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2014,
and issued by the Federal Emergency Management Agency (FEMA) or the
most recent revision thereof, including all digital data developed
as part of the FIS and areas abutting streams and watercourses where
the base flood elevation has not been delineated by an FIS but is
inundated by the base flood.
[Amended 9-23-2015 by Ord. No. 309[3]]
Those physical additions, installations and changes, such
as streets, curbs, sidewalks, sewers, drainage facilities, public
utilities and other appropriate items required to render land suitable
for the proposed use.
A plan filed with the Township for the same parcel of land
which proposes a use or layout of the property which is inconsistent
with a pending plan. Indicia of an inconsistent plan include, but
are not limited to, a different use or use classification, a different
road configuration than the pending plan, a different manner of sewage
service, a different layout of lots, different layout of utilities,
different amounts or configuration of open space, or such other changes,
which in combination create an inconsistent plan.
[Amended 8-15-2007 by Ord. No. 278]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following shall not be considered a land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this exemption, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until the initial plans for the expanded
area have been approved by the Township.
The improvement of a lot, parcel or tract of land with grass
and shrubs and/or trees. Landscaping may include, but is not limited
to, pedestrian walks, flower beds, ornamental objects such as fountains,
statuary and other similar natural objects designed and arranged to
produce an aesthetically pleasing effect.
A space, accessible from a street or roadway, in a building
or on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials, but not to be used for storage.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total horizontal (ground) area of the lot lying within
the lot lines; provided that no area of land lying within any street
or legal right-of-way line shall be deemed a portion of any lot area.
The area of any lot abutting a street shall be measured to the street
line only.
A property line of any lot held in single and separate ownership,
except that, in the case of any lot abutting a street, the lot line
for such portion of the lot as abuts the street shall be deemed to
be the same as the street line and shall not be the center line of
the street, legal right-of-way or any other line within the street
line, even though such may be the property boundary line.
The adjustment or relocation of an existing boundary line
between two adjacent lots or the shifting of boundary lines to increase
the area of an existing lot; provided, that the lot line change results
in the same number or fewer lots as existed prior to the lot line
change.
A parcel or parcels of land, or parts thereof, or an area
of water or a combination of land and water restricted against development
and designed and intended for the use, enjoyment or benefit (by maintenance
of open space or otherwise) of the residents of the development (including
lands and water held in individual ownership and restricted against
development as a part of a subdivision or land development plan),
not including streets, off-street parking areas, paved areas and areas
set aside for public facilities.
A person who is the registered owner of real estate to be
subdivided and/or developed in accordance with the provisions of this
chapter. "Owner" also means applicant.
All areas, excluding buildings, surfaced with concrete, paving
brick, bituminous or other materials which create a surface for parking
areas, drives, roadways and sidewalks.
A plan that replaces the originally submitted plan.
A planned development of two or more dwellings or other structures
utilized for purposes permitted in the zoning district in which the
lot sizes have been modified to provide for the protection, preservation
and the permanent retention of the balance of the premises, or portion
thereof, as open space.
Any municipally or privately owned water system established
for the distribution or sale of water, in accordance with the regulations
of the Pennsylvania Department of Environmental Protection, and the
laws of the commonwealth.
Any municipally or privately owned sewerage system in which
sewage is collected and piped to a sewage disposal plant or central
septic tank disposal system and approved by the Pennsylvania Department
of Environmental Protection.
Includes, but are not limited to, walkways, curbs, gutters,
streetlights, street signs, traffic control signs, fire hydrants,
shade trees, water mains, sanitary sewers, storm drains, drainage
facilities, streets and roads and all other improvements or facilities
which service or benefit more than one lot.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure.
ACTIVE RECREATIONAny activity that requires some physical exertion on the part of the participant, such as athletics.
ACTIVE RECREATION AREAAny area developed in such a manner as to be conducive to those activities that fall within the range of active recreation, such as athletic fields, hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas and apparatus areas.
PASSIVE RECREATIONAny activity that requires little or no physical exertion on the part of the participants, such as arts and crafts, nature study and board games.
PASSIVE RECREATION AREAAny area developed in such a manner as to be conducive to those activities that fall within the range of passive recreation, such as nature areas, craft areas, meeting areas, sitting areas, walkways, sunbathing areas, ponds and lakes, and picnicking areas.
The one-hundred-year flood elevation, plus a freeboard safety
factor.
A strip of land occupied or intended to be occupied by a
street, alley, crosswalk, sanitary or storm sewer, stream, drainage
ditch or for another special use. A right-of-way is to be separate
and distinct from lots or parcels adjoining such right-of-way, and
not included with the dimensions or areas of such lots or parcels.
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:
Rural sector roads, designed to function as intersector or intra-Township
facilities, serving as feeder routs to the arterial system and also
serving inter-Township travel with minimum right-of-way widths of
50 feet.
Residential streets designed to serve the properties fronting
thereon and generally designed to discourage through traffic with
minimum right-of-way widths of 50 feet.
Alleys, 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, a private minor vehicular access between one street
and one parking area or garage within one lot or one property.
SINGLE ACCESS STREETAny street or roadway or network of streets or roadways, having access to an existing public street or roadway at only one point. Single access streets shall include, but are not limited to, culs-de-sac, dead-end streets, stub streets, whether so designed temporarily or permanently, and loop streets.
The dividing line between a lot and the outside boundary
or ultimate right-of-way line of a public street legally opened or
officially plotted, or between a lot and a privately owned street
over which the owner or tenants of two or more lots held in single
and separate ownership have the right-of-way.
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring or
other protection against the forces of the elements.
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts, parcels or other divisions of land,
including changes in existing lot lines for the purpose, whether immediate
or future, of lease, partition by the court for distribution to heirs
or devises, transfer of ownership or building or lot development.
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
This chapter.
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land.
Land which consists of any of the soil types designated as
poorly drained, very poorly drained, alluvial and floodplain by the
National Cooperative Soil Survey, as amended from time to time, of
the Natural Resources Conservation Service of the United States Department
of Agriculture.
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky, except for vegetation.
A yard extending the full width of the lot along the front
lot line and extending in depth from the front line to the nearest
point of any structure on the lot.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any structure on the lot.
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any structure on the lot.
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on
file in the Township offices and is accessible via the Township website.
[2]
Editor's Note: Former definitions "flood fringe" and "flood,
one-hundred-year," which immediately followed this definition, were
repealed 9-23-2015 by Ord. No. 309.
[3]
Editor's Note: This ordinance also repealed former definitions
"floodplain district, designated" and "floodway," which immediately
followed this definition.
