[Ord. 8-14-1995, § 2100]
The lot or yard requirements 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. No required
lot or area shall include any property, the ownership of which has
been transferred subsequent to the effective date of this chapter,
if such property was a part of the area required for compliance with
the dimensional requirements applicable to the lot from which such
transfer was made.
[Ord. 8-14-1995, § 2101;
as amended by Ord. No. 2020-11-04, 11/16/2020]
a.
Where a minimum lot area is specified in this chapter, no primary
building or use shall be erected or established on any lot of lesser
size.
b.
Any real property within New Britain Township which is the subject
of a restriction against reduction of lot area, whether by notation
or inclusion on a subdivision plan and/or by a deed restriction, or
similar instrument or restriction, shall not be reduced in size, or
otherwise modified, when such reduction or modification would violate
the restriction regardless of the minimum lot areas established within
this chapter.
c.
No lot or site shall be reduced in such a way or to such an extent
that the area of the lot or the dimensions of required open spaces
become smaller than or nonconforming with the applicable requirements
set forth in this chapter.
d.
The lot or yard requirements 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 nor include any
portion of the lot under separate ownership.
[Ord. 8-14-1995, § 2102;
as amended by Ord. 03-04-02, 4/28/2003, § V; and by Ord. No. 2020-11-04, 11/16/2020]
a.
The provisions of this chapter shall not prevent the construction
of a single-family detached dwelling on any lot that was lawful when
created and which, prior to November 21, 2020 (the effective date
of this section), was in single and separate ownership duly recorded
by plan or deed, and provided that:
1.
Such lot is not less than one acre in the C/R and WS Districts and
not less than 80% of the minimum lot area in all other districts.
2.
Those lots not served by public water and sewers shall meet all requirements
of the Bucks County Department of Health.
3.
The percentage of lot area covered by the detached dwelling shall
not exceed 15% of the area of the lot.
4.
The front and rear yards shall aggregate at least 60% of the total
lot depth or meet the normal requirements of the district in which
the lot is located, but in no case shall either the front yard or
the rear yard be less than 30 feet.
5.
The side yards shall aggregate at least 40% of the total lot width
or meet the normal requirements of the district in which the lot is
located, but in no case shall either side yard be less than 15 feet.
6.
The building coverage on the lot shall not exceed 20% of the area
of the lot, and impervious surface coverage on the lot shall not exceed
35% of the area of the lot; unless a higher building coverage limitation
or impervious surface limitation for a single-family detached dwelling
is allowed in the zoning district in which the lot is located.
7.
The lot is located in a residential zoning district.
b.
A nonconforming lot which is located in a nonresidential zoning district
must obtain the necessary variances to be developed.
c.
As of or subsequent to November 21, 2020 (the effective date of this
provision), where two or more adjacent lots, one or more of which
is nonconforming based on lot size or lot width, are concurrently
owned by the same owner, these adjacent lots shall be merged to minimize
the nonconformity. The term "same owner," as used in this subsection,
includes, in addition to a single person or entity, multiple persons
with familial relationships and multiple parties with common ownership,
business, and/or financial interests. Corporations, partnerships,
or other for-profit or nonprofit entities organized or used for the
purpose of avoiding adjacent lots being owned by the "same owner"
are not recognized as separate owners for the purposes of this subsection.
[Ord. 8-14-1995, § 2103]
No principal building shall be erected on any part of a lot
which has a width less than that specified in Parts 3 through 20.
[Ord. 8-14-1995, § 2104;
as amended by Ord. 2016-05-01, 5/16/2016]
Subject to the following criteria, lane lots may be permitted
as an exception to the minimum lot width requirement at the building
setback line as defined in this chapter. A lane lot is a parcel of
land which does not have the required minimum lot width at the minimum
front yard line but has direct access to a public street through a
narrow strip of land (the lane) which is part of the same lot. The
lot lines of the lane shall be parallel or nearly parallel.
a.
Residential Lane Lots.
1.
A lane lot shall only be improved with one single-family detached
dwelling and related residential accessory uses.
2.
Each lot must have a separate lane, and each lane lot must contain
at least 10 acres.
3.
Lane lots may not be used in a subdivision of lots containing any
new streets.
4.
If the proposed lane lot is not large enough to further subdivide
under the zoning requirements at the time the subdivision is proposed,
then the "lane" shall have a minimum width of 25 feet at the street
line of a public street and shall not narrow to a lesser dimension.
However, if the proposed lot is large enough to further subdivide
under the zoning requirements at the time the subdivision is proposed,
then the minimum lane width shall be equal to 25 feet for each principal
lot at the street line and shall not narrow to a lesser dimension;
provided, however, that should the property owner agree by plan notation
and recorded document that the lot will not be further subdivided,
then a lane of 25 feet in width shall be sufficient.
5.
The area of the lane shall not be included in the calculation of
the minimum lot area.
6.
Only one tier of lane lots will be permitted on a site.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
7.
The front yard setback for a lane lot shall be a distance equal to
the front yard requirements for the zoning district in which the lot
is located and shall be measured from the point where the lot first
meets the minimum lot width requirement.
8.
The lane shall be limited to a maximum length of 1,000 feet.
b.
Nonresidential Lane Lots.
1.
A lane lot shall only contain a single commercial or industrial use/entity
and related accessory uses. C - Institutional Uses, D - Educational
Uses, E - Recreational Uses, J - Retail and Service Uses, F4 - Places
of Worship, F6/F7 - Business and Commercial Campuses, G2 - Terminals,
I1/I2 - Medical and Veterinary Offices, K6 - Truck Terminals, and
K15 - Industrial Parks are specifically prohibited.
2.
Each lot shall have a separate lane of at least 50 feet in width,
and the drive within the lane shall be set back at least 10 feet from
the side boundary lines of the lane. The lane shall be limited to
a maximum length of 1,500 feet.
3.
Each lane lot must contain at least 25 acres, and the area of the
lane shall not be included in the calculation of this minimum lot
area.
4.
Lane lots may not be used in a subdivision of lots containing any
new streets.
5.
Only one tier of lane lots will be permitted on a site.
6.
The front yard setback for a lane lot shall be a distance equal to
the front yard requirements for the zoning district in which the lot
is located and shall be measured from the point where the lot first
meets the minimum lot width requirement.
[Ord. 8-14-1995, § 2105]
No portion of a building or structure shall be built within
the minimum depths of front, side, or rear yards as specified in Parts
3 through 20.
a.
Driveways shall be permitted to encroach into front, rear and side
setback areas, subject to all other township regulations for same.
b.
Single story decks, roofed porches, patios, or other similar single
story accessory additions to residential dwelling units, as approved
by the zoning officer, may encroach into the required rear setback
area by a maximum of 1/3 of the required rear yard setback or 15 feet,
whichever is a lesser distance or more restrictive requirement.
[Ord. 8-14-1995, § 2106]
A proposed building may be constructed nearer to the street
than the required minimum front yard depth only if all of the following
conditions are satisfied:
a.
There shall be existing buildings on the lots on either side of the
lot which would contain the proposed building.
b.
The proposed building would front on the same side of the same street
in the same block as the existing buildings on lots on either side.
c.
The existing buildings on the lots on either side would be no greater
than 50 feet from the proposed building.
d.
The proposed building may be constructed at a front yard depth that
is not less than the average of the front yard setbacks of the existing
buildings on the lots on either side.
e.
In no case shall the front yard depth of the proposed building be
less than 20 feet.
[Ord. 8-14-1995, § 2107]
Ground-story bays, porches and chimney flues may project into
required yard areas no more than four feet. Such projections into
the required minimum yard areas shall not occupy more than 1/3 the
length of the building wall. Cornices and gutters may project not
more than two feet over a required yard. Fire escapes may be permitted
in accordance with this section in side or rear yards only.
[Ord. No. 2018-10-04, 10/1/2018]
This bifurcation is the reservation or setting aside of land
and/or space within a development or upon a lot to be used at a later
date to meet certain zoning or land use standards or requirements.
It is imposed to ensure that purchasers of new residential dwellings
have the ability to further improve their newly purchased property
without having to obtain variances and requires that developers of
such properties comply with greater setback and dimensional restrictions
than their purchasers. As such, all new residential construction (not
including repairs or additions) shall be designed and built in compliance
with the following:
a.
The developer must comply with the following increased restrictions
applicable to the site and every lot within the site when developing
the site: the maximum site impervious surface requirement shall be
reduced by two percentage points; the maximum building coverage requirement
shall be reduced by three percentage points; the maximum lot impervious
surface requirement shall be reduced by four percentage points; and
the required rear yard setback shall be increased an additional 10
feet.
b.
These increased restrictions do not apply to the purchaser of the
new dwelling who subsequently resides within this new dwelling, and
the land freed from these additional restrictions may be used to construct
further improvements upon the property or lot after the new construction
has been completed and the property or lot has been transferred to
the purchaser.
c.
The increase in the area of the required rear yard setback does not
apply to uses that do not have a minimum rear yard requirement.
d.
These increased restrictions only apply to lots that are one acre
in lot area or less, and do not apply to the B6 Multifamily and B7
Apartment uses, if such buildings are owned by a single person or
entity and the individual units are rented out to tenants.
e.
The developer shall install stormwater facilities for the site that
are designed for the maximum impervious surface coverage permitted
for the site without the increased restrictions or the combined maximum
impervious surface coverage without the increased restrictions permitted
upon all the lots being created out of the site, whichever is greater.
f.
For example, these increased restrictions apply to residential uses
as follows:
1.
SR-1 Suburban Residential District:
|
Resi-dential Use
|
Maximum Site Impervious
|
Maximum Building Coverage
|
Maximum Lot Impervious
|
Rear Yard Setback
| ||||
|---|---|---|---|---|---|---|---|---|
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
| |
|
B1 Single-Family Detached Dwelling
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
75 feet
|
85 feet
|
|
B2 Cluster Sub-division (public water and sewer)
|
25%
|
23%
|
20%
|
17%
|
30%
|
26%
|
40 feet
|
50 feet
|
|
B2 Cluster Sub-division (public water or sewer)
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
40 feet
|
50 feet
|
|
B2 Cluster Sub-division (to public water or sewer)
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
40 feet
|
50 feet
|
|
B10 Village House Dev-elopment
|
70%
|
68%
|
40%
|
37%
|
55%
|
51%
|
8 feet
|
18 feet
|
2.
SR-2 Suburban Residential District:
|
Resi-dential Use
|
Site Impervious
|
Building coverage
|
Lot Impervious
|
Rear Yard Setback
| ||||
|---|---|---|---|---|---|---|---|---|
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
| |
|
B1 Single-Family Detached Dwelling
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
75 feet
|
85 feet
|
|
B2 Cluster Sub-division
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
75 feet
|
85 feet
|
3.
RR Residential District:
|
Res-idential Use
|
Site Impervious
|
Building Coverage
|
Lot Impervious
|
Rear Yard Setback
| ||||
|---|---|---|---|---|---|---|---|---|
|
Pur-chaser /Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
| |
|
B1 Single-Family Detached Dwelling
|
20%
|
18%
|
15%
|
12%
|
25%
|
21%
|
75 feet
|
85 feet
|
|
B2 Cluster Sub-division (public water and sewer)
|
30%
|
28%
|
20%
|
17%
|
35%
|
31%
|
40 feet
|
50 feet
|
|
B2 Cluster Sub-division (public water or sewer)
|
30%
|
28%
|
15%
|
12%
|
35%
|
31%
|
40 feet
|
50 feet
|
|
B2 Cluster Sub-division (no public water or sewer)
|
30%
|
28%
|
15%
|
12%
|
35%
|
31%
|
75 feet
|
85 feet
|
|
B3 Single-Family Semi-detached Dwelling
|
25%
|
23%
|
15%
|
12%
|
30%
|
26%
|
50 feet
|
60 feet
|
|
B4 Two-Family Detached Dwelling
|
25%
|
23%
|
15%
|
12%
|
30%
|
26%
|
50 feet
|
60 feet
|
4.
VR Village Residential District:
|
Resi-dential Use
|
Site Impervious
|
Building Coverage
|
Lot Impervious
|
Rear Yard Setback
| ||||
|---|---|---|---|---|---|---|---|---|
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
|
Pur-chaser/ Resident
|
Dev-eloper/ Applicant
| |
|
B1 Single-Family Detached Dwelling
|
25%
|
23%
|
20%
|
17%
|
30%
|
26%
|
75 feet
|
85 feet
|
|
B2 Cluster Sub-division
|
30%
|
28%
|
20%
|
17%
|
35%
|
31%
|
30 feet
|
40 feet
|
|
B3 Single-Family Semi-detached Dwelling
|
40%
|
38%
|
35%
|
32%
|
45%
|
41%
|
40 feet
|
50 feet
|
|
B4 Two-Family Detached Dwelling
|
40%
|
38%
|
35%
|
32%
|
45%
|
41%
|
40 feet
|
50 feet
|
|
B6 Single-Family Attached
|
40%
|
38%
|
35%
|
32%
|
45%
|
41%
|
30 feet
|
40 feet
|
|
B6 Multi-family
|
25%
|
23%
|
25%
|
22%
|
30%
|
26%
|
40 feet
|
50 feet
|
|
B7 Apartment Building
|
60%
|
58%
|
40%
|
37%
|
50%
|
46%
|
50 feet
|
60 feet
|
[1]
Editor's Note: Former § 27-2108, Accessory Buildings
in Yards, as amended, was repealed 1/23/2017 by Ord. 2017-01-03.
[Ord. 8-14-1995, § 2109;
as amended by Ord. No. 2018-10-04, 10/1/2018]
a.
The provisions of § 27-2105 shall not apply to fences, hedges or walls less than six feet high above the natural grade in the required yard, nor to terraces, steps, or uncovered unenclosed porches, nor to other similar features less than three feet above the level of the floor of the ground story.
b.
Structures such as fences, walls, or signs shall be built, constructed,
and/or installed so that the front or "good side" of the structure
faces outward from the lot.
[Ord. 8-14-1995, § 2110;
as amended by Ord. 2011-09-02, 9/19/2011, Art. II]
a.
The height of buildings shall be regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building or structure shall exceed a height of 35 feet, except church spires, belfries, and chimneys, unless a different height is specifically allowed under § 27-305, Use Definitions and Regulations.
b.
Any other building or structure exceeding 35 feet such as silos,
water towers, smokestacks, solar panels, wind generator towers, antennas,
television towers, masts, aerials or flagpoles shall be permitted
by special exception provided they are not used for human occupancy
and are set back 1.5 times their height (from ground level to the
top of the structure) from a building or property line.
[Ord. 8-14-1995, § 2111]
a.
In all districts, no structure, fence, planting or other obstruction
shall be maintained between a vertical plane two feet above curb level
and a plane seven feet above curb level so as to interfere with traffic
visibility across the corner within that part of the required front
or side yard which is within a horizontal clear-sight triangle boundary
by the two street lines and a straight line drawn between points on
each such line 75 feet from the intersection of said lines or extension
thereof.
|
When one or both streets which form the intersection are classified
as collector or arterial highways, the clear-sight triangle bounded
by the two street lines and a straight line drawn between points on
such line shall be 100 feet from the intersection of said lines or
extension thereof.
|
b.
At each point where a private accessway intersects a public street
or road, a clear-sight triangle of 50 feet measured from the point
of intersection of the street line and the edge of the accessway,
shall be maintained, within which vegetation and other visual obstructions
shall be limited to a height of not more than two feet above the street
grade.
[Ord. 8-14-1995, § 2112]
Any open space and/or recreation areas within New Britain Township
which are the subject of a restriction against reduction of area,
subdivision, or development, whether by notation or inclusion on a
subdivision and/or land development plan, by a deed restriction, or
by a similar instrument or restriction, shall not be revised, or otherwise
modified, when the revision or modification would violate the restriction
regardless of the permitted uses or performance standards within this
chapter.
[Ord. 8-14-1995, § 2113]
a.
The building envelope for any new lot shall not include any part
of a lot that is required to comply with requirements of this chapter.
b.
Where a minimum building envelope is specified in this chapter, no
primary building or use shall be erected or established and no lot
shall be created where a lesser size envelope will result.
[Added by Ord. 2007-10-01, 10/22/2007]
a.
Notwithstanding the front, side or rear yard requirements for the
F1 Municipal Building Use or the F2 Emergency Service Center Use,
the required setbacks and/or buffer yards for each of these uses may
be either increased or decreased in an amount not to exceed 75% upon
approval of the Board of Supervisors, provided that any such request
for an F2 Use shall be subject to conditional use approval.
b.
The modified setback requirements provided for in this section are
permissible provided that the proposed use is either owned or operated
by New Britain Township or is located upon land owned and/or leased
by New Britain Township to a nonprofit organization.
[Ord. 8-14-1995; as added
by Ord. 2009-01-01, 1/26/2009]
No portion of an on-lot septic system or any of its components,
including the toe of slope of the berm, shall be installed closer
than 10 feet to a property line or ultimate right-of-way, or located
within an existing easement, or located in a manner that would block
any stormwater drainage or swales, or flow of stormwater from any
lot. On-lot septic systems are both individual and community sewage
systems, including, but not limited to, conventional in-ground systems,
individual residential spray irrigation systems, drip irrigation systems,
sand mounds, and any other alternate or experimental systems approved
by the Pennsylvania Department of Environmental Protection.
[Ord. 8-14-1995; as added
by Ord. 2010-11-01, 11/22/2010]
a.
All declaration of condominiums as of the date of this section which
are proposed to be amended shall require the submission of a condominium
plan to the Township in order to document existing and/or proposed
uses of existing condominium plans of record. In the event that any
proposed amended declaration proposes to change the type of use or
increase the number of uses currently occurring or shown on the condominium
plan of record, the declarant, owner or developer shall provide for
sufficient parking spaces to accommodate all present and proposed
uses.
b.
All new proposed condominium plans shall file a land development plan with New Britain Township and shall meet all stormwater, parking, and other requirements of this chapter and Subdivision and Land Development Ordinance [Chapter 22], except that front, side and rear yard requirements, and other lot line requirements, shall not be required for the interior individual condominium units or lots created by a proposed new condominium plan.
[Added by Ord. 2017-06-07, 6/5/2017]
a.
Minimum Room Widths. A habitable room, other than a kitchen, must
have a minimum width of seven feet in any dimension. Kitchens shall
have a minimum clear passageway of three feet between counters/cabinets,
appliances, and/or walls.
b.
Minimum Ceiling Heights. Habitable spaces, hallways, corridors, laundry
areas, bathrooms, and habitable basement areas shall have a minimum
clear ceiling height of seven feet, except for the following:
1.
Rooms occupied exclusively for sleeping, study, or similar purposes
and having a sloped ceiling over all or part of the room shall have
a minimum clear ceiling height of seven feet over a minimum of 1/3
of the required minimum floor area for that type of room.
2.
Basement areas in one- and two-family dwellings occupied exclusively
for laundry, study, or recreation purposes shall have a minimum ceiling
height of six feet eight inches and a minimum clear height of six
feet four inches under beams, girders, ducts, and similar obstructions.
c.
Minimum Room Areas. The following rooms/areas shall contain, at a
minimum, the amount of open floor space listed below. These minimum
required areas cannot overlap, and every dwelling (other than an efficiency)
shall contain a living area, a dining area, and a separate sleeping
area. Kitchens and nonhabitable spaces shall not be used as sleeping
areas.
d.
Bedroom Accessibility. Except in a dwelling unit with only one bedroom,
bedrooms shall not constitute the only means of access to other bedrooms
or habitable spaces and shall not serve as the only means of egress
from other habitable spaces.
e.
Bathroom Accessibility. Every bedroom shall have access to at least
one bathroom without passing through another bedroom. Every bedroom
shall have access to at least one bathroom located in the same story
or an adjacent story as that bedroom.
f.
Food Preparation. All spaces to be occupied for food preparation
purposes shall contain suitable space and equipment to store, prepare,
and serve foods in a sanitary manner.
g.
Efficiency Unit. An efficiency living unit shall meet the following
requirements:
1.
A unit occupied by not more than one occupant shall have a minimum
clear floor area of 120 square feet. A unit occupied by not more than
two occupants shall have a minimum clear floor area of 220 square
feet. A unit occupied by three occupants shall have a minimum clear
floor area of 320 square feet. These required areas shall be exclusive
of the areas required by Subsection g.2 and g.3 listed below.
2.
The unit shall have a kitchen sink, and cooking and refrigeration
facilities, each having a minimum clear working space of 30 inches
in front.
3.
The unit shall have a separate bathroom, containing a toilet, sink,
and bathtub or shower.
4.
The maximum number of occupants of a unit shall be three.
[Ord. No. 2018-10-04, 10/1/2018]
Within the Butler Avenue Corridor Overlay District, where work on a nonresidential building or a residential building containing more than two dwelling units requires a zoning or building permit, such work shall conform with all of the applicable requirements set forth in § 22-722 of Chapter 22, Subdivision and Land Development, of the Township Code, unless waived by the Board of Supervisors at a public meeting.
