Township of Northampton, PA Part 2 DEFINITIONS

§ 27-201 Definitions and General Terminology.

[Ord. 160, 4/6/1977; as amended by Ord. 177, 8/1/1979; by Ord. 179, 2/13/1980; by Ord. 189, 11/19/1980; by Ord. 201, 7/20/1983; by Ord. 210, 5/9/1984; by Ord. 221, 1/23/1985; by Ord. 237, 8/13/1986; by Ord. 262, 1/20/1988; by Ord. 265, 2/24/1988; by Ord. 295, 8/9/1989; by Ord. 297, 9/13/1989; by Ord. 298, 9/13/1989; by Ord. 300, 10/11/1989; by Ord. 309, 6/27/1990; by Ord. 339, 11/13/1991; by Ord. 340, 11/13/1991; by Ord. 341, 11/13/1991; by Ord. 362, 6/9/1993; by Ord. 370, 10/13/1993; by Ord. 371, 10/13/1993; by Ord. 405, 1/24/1996; by Ord. 411, 9/25/1996; by Ord. 413, 10/9/1996; by Ord. 438, 7/8/1998; by Ord. 441, 12/9/1998; by Ord. 450, 5/12/1999; by Ord. 473, 4/11/2001; by Ord. 481, 4/24/2002; by Ord. 488, 1/22/2003; by Ord. 497, 9/22/2004; by Ord. 500, 12/4/2004; by Ord. 522, 12/12/2007; by Ord. 523, 12/12/2007; by Ord. 534, 12/17/2008; by Ord. 561, 4/25/2012; by Ord. 564, 8/22/2012, §§ 1, 2; by Ord. 565, 2/27/2013, § III; by Ord. 577, 1/28/2015; by Ord. 586, 11/16/2016; and by Ord. 587, 11/16/2016]

1. Captions. The captions used in this chapter are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this chapter.

2. Whenever a defined term is used, whether with initial capitalization or not, it shall be deemed to be used as defined in this chapter.

3. Word Usage. As used in this chapter, the present tense includes the future; the singular number includes the plural, and the plural, the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed, arranged or intended to be used"; the word "person" includes any individual or group of individuals, partnership, firm, association, corporation or organization; the word "occupied" includes the words "designed or intended to be occupied"; and the word "shall" is always mandatory. The word "Township" means Northampton Township, Bucks County, Pennsylvania; the term "Board of Supervisors" means the Board of Supervisors of said Township; the term "Zoning Hearing Board" means the Zoning Hearing Board of said Township.

4. Definitions. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this Part:

[1]ACCESSORY BUILDING OR STRUCTURE

A subordinate building or structure to the principal building on a lot which is customarily incidental to the principal building and utilized as an accessory use on the lot occupied by the principal building.

ACCESSORY USE

A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of land or of the building or structure on a lot.

ACTIVE OPEN SPACE (see also OPEN SPACE)

Includes areas devoted to planned recreation uses such as ballfields, basketball courts, tennis courts, swim clubs, playgrounds, tot lots, etc., which are provided for active recreational activity. Such spaces shall be designed to be used by the various segments of the community, be located conveniently and designed to be safely used.

ADULT USES

A. ADULT COMMERCIAL STORE, ESTABLISHMENT OR SHOP any establishment having as a substantial or significant portion of its stock-in-trade obscene matter for publication, display or exhibition or for sale, distribution, rental or viewing on premises by use of motion-picture devices or any other coin-operated means, or any establishment with a segment or section thereof devoted to the publication, display, exhibition, sale, rental, distribution or viewing on premises of obscene matter, to which access is limited to persons 18 years of age or older.

B. ADULT ENTERTAINMENT CABARET A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators or similar entertainers, or a similar establishment, to which access is limited to persons 18 years of age or older.

C. ADULT MOVIE HOUSE An enclosed building used regularly and routinely for presenting, displaying or exhibiting obscene matter for observation by patrons therein, or a similar establishment, to which access is limited to persons 18 years of age or older.

D. OTHER ADULT USE Any business, activity or use similar to or of the same general nature as the uses listed above.

AGRICULTURE or AGRICULTURAL

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry and animal husbandry in accordance with the rights and privileges established by the Commonwealth of Pennsylvania.

ALTERATIONS

See "structural alterations."

ANTENNA

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.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

BASEMENT

Any story or level of a building having its floor below ground level on all sides.

BLOCK

An area of land divided into lots and bounded by three or more streets.

BOARDINGHOUSE

A building or portion thereof containing not more than one dwelling unit, if any, where meals and lodging are provided for persons not residing in the dwelling unit.

BUFFER AREA

A strip of land, a mound or berm planted and maintained in shrubs, bushes, trees, grass or other ground cover material within which no structure or building shall be authorized except a wall or fence which meets Township requirements as contained in this chapter.

BUILDING

Any structure having enclosing walls and roof and permanently located on the land.

A. PRINCIPAL BUILDING The main building on a lot or any building that is not an accessory building.

B. ACCESSORY BUILDING See "accessory building."

C. BUILDING SETBACK LINE A line parallel to the lot line a distance measured perpendicular therefrom as prescribed by this chapter for a required yard.

D. BUILDING COVERAGE That percentage of the plot or lot area that can be covered by buildings and/or structures, with the exception of the following: parking areas, driveways, roads, sidewalks, swimming pools, and any areas in concrete or asphalt that are constructed on grade.

E. BUILDING AREA The area of a lot within the building lines, bounded by the required front, side and rear yards.

BUILDING SITE OR LOT

A single parcel of land occupied or intended to be occupied by a building or structure; a "building site" shall be synonymous with lot or parcel of land. Under certain provisions of this chapter, a building site can be considered to contain more than one building or structure depending upon ownership and tract development.

CARTWAY or PAVEMENT

The improved portion or paved portion of a street or high-way, located between the right-of-way lines and generally used for vehicles.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at intersections defined by lines of sight between points at a given distance from the intersection of street center lines.

CLUB

A voluntary, nonprofit incorporated or unincorporated association or an organization or association of persons who meet or live together for a purpose of a social, literary, scientific or political nature or some other common object, such as the pursuit of good fellowship.

CLUSTER-DESIGNED SUBDIVISION

A method of developing land for residential use utilizing certain performance standards including, but not limited to, provision for an open space ratio, density, impervious surface ratio and other standards as set forth in this chapter, in addition to certain dimensional requirements as set forth in this chapter. "Cluster-designed subdivisions" allow the grouping or clustering of dwelling units, permitting more flexible designs. The subdivision as a whole must meet all prescribed standards for open space, density, impervious surfaces and other requirements of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].

CO-LOCATION

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

COMMERCIAL VEHICLE

Any means of conveyance as defined as such in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 102, as amended: bus, combination, farm vehicle, limousine, semitrailer, special mobile equipment, taxi, trailer, truck and wrecker. Commercial vehicles are classified as follows:

A. Type I. Commercial vehicles that are 25 feet in length or less, possess a registered gross vehicle weight rating of 14,000 pounds or less and have two axles or fewer. Trailers having a registered gross vehicle weight rating of 10,000 pounds or less also shall be considered Type I commercial vehicles.

B. Type II. Commercial vehicles that are greater than 25 feet in length, exceed a registered gross vehicle weight rating of 14,000 pounds or have more than two axles. A trailer having a registered gross vehicle weight rating of more than 10,000 pounds shall be included in this classification.

COMPREHENSIVE PLAN

The Comprehensive Plan of 2018 of Northampton Township, as amended, as prepared in accordance with the Pennsylvania Municipalities Planning Code requirements.

[Amended by Ord. No. 611, 8/25/2021]

CONDITIONAL USE

A use permitted in a particular zoning district by the Board of Supervisors, subject to specific standards and criteria established in Part 9 of this chapter and pursuant to the provisions of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.

CUT

An excavation; the difference in vertical elevation between a point on the surface of original ground and a point on the final grade; the material removed in excavation.

DAY CAMP

A facility used for vacationers and/or children with organized and supervised recreational facilities such as swimming, horseback riding, etc., with no boarding of patrons.

DECK

A flat roofless platform used for recreational purposes, resembling the flooring of a ship, constructed of wood or similar materials, that adjoins a building; sometimes referred to as a "sun deck."

DENSITY

A measure of the intensity of use of a parcel of land. It shall be expressed in dwelling units per acre. The measure is arrived at by dividing the number of dwelling units by the net site area.

DEPARTMENT OF HEALTH

The Department of Health of the Commonwealth of Pennsylvania.

DEVELOPER

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 or a land development.

DEVELOPMENT

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 or drilling operations, the subdivision of land and the storage of materials or equipment.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

DISTURBANCE OF VEGETATIVE GROUND COVER

The removal, destruction or damaging of plants, including trees, grasses, shrubs and flowers, by methods including, but not limited to, cutting, grading, filling, bulldozing, plowing, regrading, digging or widespread use of herbicides.

DRAINAGE FACILITY

Any ditch, gutter, pipe, culvert, swale, storm sewer or other structure designed, intended or constructed for the purpose of diverting surface waters from, or carrying surface waters off, streets, public rights-of-way, parks, recreational areas or any part of any subdivision, land area or contiguous land area.

DRIVEWAY

An improved surface for vehicular access to a lot or parcel of land.

DWELLING

Any building or portion thereof which is designed for and occupied in whole or in part as a residence for one or more persons. It shall not be deemed to include hotels, boarding or rooming houses, tourist homes, institutional homes, residential clubs, motor courts and the like.

A. APARTMENT A multiple dwelling with separate or common outside access contained in a building having no less than three or more than 20 dwelling units.

B. ATRIUM HOUSE A single-family attached dwelling with two or more of the building walls set on the side and rear lot lines and with walls set on the remaining side and rear lot lines to form a private outdoor enclosure.

C. DUPLEX A detached building containing two dwelling units, one above the other, each having a separate entrance.

D. MULTIPLE DWELLING Any building designed or occupied for dwelling purposes by three or more families, without regard to the proprietorship of the building or the lot containing the building.

E. MULTIPLEX A multiple dwelling within a building having yards on all sides and containing three to six dwelling units, with each dwelling unit being located upon and having separate outside access at ground level, with no building exceeding two stories.

F. PATIO HOUSE A single-family detached or semidetached dwelling with one of the building walls set on one of the side lot lines and with additional walls or fences set on the remaining side and rear lot lines to form a private outdoor enclosure.

G. SINGLE-FAMILY ATTACHED DWELLING A single-family dwelling attached, side by side, by an unpierced party wall to another such dwelling and having separate outside access at ground level.

H. SINGLE-FAMILY DETACHED DWELLING A single-family dwelling on an individual lot, having no party walls.

I. SINGLE-FAMILY DWELLING A building designed for and occupied exclusively as a dwelling for one family.

J. SINGLE-FAMILY SEMIDETACHED DWELLING A single-family dwelling containing two dwelling units, each with separate outside access.

K. TOWNHOUSE A single-family attached or semidetached dwelling within a multiple dwelling building, with only one dwelling unit from ground to roof and no more than two walls of each dwelling unit in common with other such dwelling units.

L. TWIN HOUSE A single-family semidetached dwelling within a two-family dwelling building, with only one wall in common.

M. TWO-FAMILY DWELLING A building designed for and occupied exclusively as a dwelling for two families.

N. ZERO LOT LINE HOUSE A single-family detached dwelling which has a wall, located on or along a side lot line, containing neither doors nor windows.

O. SENIOR CITIZEN COTTAGE A zero lot line dwelling with a height not to exceed 25 feet and which may include no more than 500 square feet of floor area within its second story and with no restrictions on the placement and/or location of doors or windows along the outside walls.

DWELLING UNIT

Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or are intended for living, sleeping, cooking or eating by one family.

EASEMENT

A right-of-way granted for the use of private land for a public or private purpose.

EMERGENCY

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

ENGINEER

A registered professional engineer licensed as such by the Commonwealth of Pennsylvania.

FAMILY

One person, or two 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, nonprofit and nontransient dwelling unit and maintain a common household with single cooking facilities. A roomer, boarder, lodger, or other transient person shall not be considered a member of the family.

FARM OR AGRICULTURAL RETAIL SALES

The sale of farm products, produce, meat products, seed and similar farm production items within the Agricultural-Residential (A-R) Zoning District, provided that the following conditions apply: it is an accessory use to an existing farm or agricultural use; it is operated and maintained by the owners of the property; it has been approved as part of a conditional use application or it is has been classified as a preexisting nonconforming use; and it meets the general criteria specified under § 27-302, Subsection 1B(1), of this chapter.

FARM or FARM UNIT

A tract or parcel of ground not less than five acres in size which is used for agriculture, tilling of the soil, raising of livestock, horses or poultry, for landscape nursery stock, tree farms and similar traditional farming operations.

FARM STAND

A roadside display area utilized for farm or agricultural sales, which may include the sale of farm products, produce, meat products, seed and similar farm production items. All such facilities shall be typically utilized as a temporary or portable structure, which shall be operated and maintained by the owners of the property.

FCC

Federal Communications Commission.

FENCE

A barrier constructed of materials other than shrubbery and erected for the purpose of protection, confinement, enclosure or privacy.

FILL

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, including the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the material used to make a fill.

FLOOR AREA

The sum of the area(s) of a floor or the several floors of the building or structure, including areas used for human occupancy or use, basements and attics, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment.

FLOOR AREA RATIO

Determined by dividing the floor area(s) of a building by the building area and expressed as a decimal.

FOREST

Areas, groves or stands of 10 or more largely mature trees with a continuous canopy and covering an area of 3/4 of one acre or larger. Mature trees are those which are greater than six inches caliper, except for dogwoods and other small species which shall be considered mature when the caliper is two inches or more. The forest area shall be measured from the dripline of the outer trees and shall encompass the associated intermediate layers in these areas, including the understory shrubs and smaller trees, the ground layer of herbaceous plants and the forest floor.

FORESTRY

The clearing, cutting or harvesting of timber resources within forested or wooded areas, including commercial logging operations, and coordinated with a reforestation program. Forestry does not include authorized clearing in accordance with plans approved pursuant to this chapter, the issuance of a building permit nor removal of sick or dead trees.

FRATERNITY OR SORORITY HOUSE

A building or portion thereof containing not more than one dwelling unit, if any, where lodging is provided, with or without meals, for a student organization formed chiefly for social purposes having secret rites and a name consisting of Greek letters.

GARAGE, NONRESIDENTIAL

An attached or detached building or structure designed and intended for the storage or parking of vehicles or for the storage of equipment, machinery, boats, airplanes and/or other accessory components of the principal non-residential use.

GARAGE, RESIDENTIAL

An attached or detached building or structure for the storage or parking of vehicles or for the storage of equipment, machinery, boats and/or other accessory components of the principal residential use.

GRADE, EXISTING

The average grade of the ground surface prior to any disturbing of the soil.

GRADE, FINAL

The resulting fixed level of the finished plane of ground along any building facade or structure, habitable or otherwise. The average final grade is determined by the average finished ground level abutting the building or structure at all exterior walls. When the finished ground level slopes away from the exterior walls, the average final grade shall be established by the lowest points within the area between the building or structure and the perimeter line six feet from the building or structure.

GUESTHOUSE (BED-AND-BREAKFAST)

A detached dwelling where, in addition to its use as a single-family residence, its use is permitted for the accommodation of transient guests. Guests are provided with a room with sleeping accommodations and may be provided with breakfast. Such an establishment is not a motel, motor hotel or rooming house as enumerated in § 27-502, Subsection 2B(3), of this chapter.

HEIGHT OF BUILDING

The vertical distance from the average final grade to the top of the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof on a building. Any additional nonhabitable structure placed, constructed or erected on top of a building or attached thereto shall be subject to the height of structure limitation of this chapter. Farm silos, farm grain elevators, church spires, chimneys, skylights, air-treatment or similar equipment, elevator shafts, belfries and cupolas are not subject to the height limitations of a building, but shall be subject to the height limitations of a structure.

HEIGHT OF STRUCTURE

Freestanding or otherwise, shall be measured from the lowest, final exterior grade immediately abutting said structure to the highest vertical point of said structure.

HELIPORT

Any landing area used exclusively for the takeoff and landing, storage, maintenance and general operation of rotary-winged aircraft, but excluding all fixed-wing aircraft and all lightweight aircraft, such as ultralights. A heliport is permitted only when approved as a conditional use within the I-1 Planned Industrial/Office District.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

C. Individually listed on the Commonwealth of Pennsylvania inventory of historic places, pursuant to an historic preservation program which has been approved by the Secretary of the Interior.

D. Individually listed on the Township of Northampton inventory of historic places, pursuant to an historic preservation program which has been certified by either:

(1) An approved program of the Commonwealth of Pennsylvania as determined by the Secretary of the Interior.

(2) The Secretary of the Interior directly.

HOME OCCUPATION

An occupation conducted within a room or rooms of a single family detached dwelling which is clearly secondary and customarily incidental to the residential use. Such occupation shall be limited to attorneys, accountants, architects, engineers, physicians, psychologists, psychiatrists, dentists, teachers, artists, musicians, telephone calling services, residential day-care home.

HOUSE TRAILER

A vehicle designed for human habitation, not equipped with running water or bath facilities or flush toilet or appropriate sanitary connections.

IMPERVIOUS SURFACE

A surface that does not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces. The surface area of pools shall not be considered for the purpose of impervious surface calculation.

IMPERVIOUS SURFACE RATIO

A measure of the intensity of use of a parcel of land. It is measured by dividing the total area of all impervious surfaces within the site by the net site area.

IMPROVEMENT

Those physical additions, installations and changes required, such as streets, curbs, sidewalks, parking areas, water mains, streetlights, sewers, drainage facilities, public utilities, recreational areas and any other physical changes deemed appropriate by the Township, to render land suitable for the use proposed.

JUNKYARD

An area of land, less than five acres, with or without buildings, used for the storage outside of a completely enclosed building of used, salvaged or discarded materials, house furnishings, machinery, vehicles or parts thereof, with or without dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation or of two or more wrecked or broken vehicles or the major parts of two or more such vehicles shall be deemed to make the lot a junkyard.

LAKES AND PONDS

Natural or artificial bodies of water 1/4 acre or larger 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 spillway crest elevation, rather than permanent pool, if there is any difference.

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) 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. Said group shall not include the addition of a residential accessory building or a farm building on a lot or lots subordinate to an existing principal building.

(2) 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.

B. A subdivision of land.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.

LESSOR

Any person who grants a lease for the use of his real estate or portion thereof, who owns and/or operates a transient dwelling, and/or who otherwise permits the use of his real estate or portion thereof.

LIVESTOCK

One or more animals commonly raised on farms in this area, such as horses, fowl, poultry, fur-bearing animals, cows, steers, sheep, goats and pigs and grazing animals. "Grazing animals" shall include animals such as buffalo, llamas and camels.

LOT

Any tract or parcel of land held in single or separate ownership which is or may be occupied by a main building or buildings and its accessory uses or buildings, if any, together with the open space required by this chapter. No part of a lot which is also a part of any public or private street, or public or private street right-of-way, shall be included in determining the area of the lot. A lot, for the purpose of this chapter, may or may not coincide with the lot of record. For any permanent flag lot, as defined herein, the access strip of flag stem connecting the main portion of the lot with any public or private street or right-of-way shall not be included in determining the area of the lot.

A. CORNER LOT A lot abutting upon two or more streets at their points of intersection or a lot with two or more connected sides which abut upon a street or streets, the interior angle being not more than 135°. In all districts, for all uses, including cluster-designed subdivisions, corner lots shall have full front building setback lines from both streets and shall not be less than 120 feet along any building setback line.

B. INTERIOR LOT A lot with side lines which do not abut a street.

C. FLAG LOT An interior, unconventional lot for a single-family detached dwelling which has direct access to a public or private street by way of a minimum thirty-foot-wide simple access strip. No part of the flag stem or access strip shall be included in determining the area of the flag lot. No building or structure shall be permitted in any portion of the flag stem or access strip. The front building setback line of the required front line shall be measured only from the interior front line and not from the street line or right-of-way line. A flag stem or access strip providing access to a flag lot may not exceed 300 feet in length as measured from the street right-of-way to the interior front lot line.

LOT (MULTI-ROAD FRONTAGE)

For a lot which has three or more road frontages, two frontages will be considered front yards for the purposes of setback calculations, and additional frontages will be calculated as specified in the definition for "lot, reverse frontage," below.

LOT AREA

The area contained within the property lines within the individual parcels of land shown on a subdivision plan or required by this chapter, excluding any area required as open space under this chapter and including the area of any easements. No portion of a flag lot stem or access strip shall be included in determining the area of any flag lot or such type of a lot as permanent. "Lot area" shall not include any area designated as right-of-way. (See definition of "flag lot.")

LOT AREA AVERAGE

The average lot area for all lots within a cluster subdivision, determined by dividing the aggregate lot areas by the total number of proposed dwelling units. (See definition of "flag lot.")

LOT AREA PER DWELLING UNIT

The quotient obtained by dividing the total lot area by the total number of dwelling units to be located on such lot; it shall be calculated to the nearest whole number.

LOT DEPTH

The horizontal distance between the front lot line and the rear lot line, measured along the median of the side lot lines.

LOT LINE, FRONT

The line abutting the street; in the case of lots abutting more than one street in any of residential districts only, dwellings shall front the minor or lesser street. Before a lot can be considered to abut a street, it must have at least 30 feet of frontage on said street as set forth in Figure 27-2-1 of this Part. The front lot line for a flag lot shall be the interior front lot line and not the street line.

LOT LINE, REAR

A lot line which is opposite and most distant from the front lot line or, in the case of irregular or triangular lots, a line at least 20 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot boundary line not a front lot line or a rear lot line.

LOT WIDTH

The horizontal distance between side lot lines as set forth in Figure 27-2-1 of this Part.

LOT, BUILDABLE AREA OF

The portion of a lot bounded by required yards as set forth in Figure 27-2-1 of this Part.

LOT, REVERSE FRONTAGE

Any lot in which both the front lot line and rear lot line abut upon streets or State highways; a through lot. In any such case, the rear building line shall be established 75 feet from the center line of the roadway and parallel to that center line.

MAJOR SUBDIVISION

See "subdivision."

MATTER

Any book, magazine, pamphlet, newspaper, story paper, comic book or other printed or written material or any picture, drawing, photograph, film, slide, movie, motion picture, videocassette or other visual representation, image or pictorial representation, or any statue or other figure, or any record, cassette tape, reel-to-reel tape or compact disc, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, paraphernalia, equipment, machines or materials.

MEDICAL MARIJUANA ACT

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

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is registered by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is registered by the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

MINOR SUBDIVISION

The division of a single lot, tract or parcel of land into two lots, tracts or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots, tracts or parcels of land thereby created have frontage on an improved public street or streets; and, provided further, that there is not created by the subdivision any new street or streets, the need for required improvements, easements of access or the need therefor.

MIXED DWELLING DEVELOPMENT

A subdivision or land development in which mixed residential dwelling types are encouraged in order to promote sound land planning and to provide a mixture of housing choices.

MOBILE HOME

A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which has been approved and certified at the factory by the International Code Council, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For floodplain management purposes, the term includes park trailers, travel trailers, recreational vehicles and other vehicles which are placed on a site for more than 180 consecutive days.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home dwelling.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

MONOPOLE

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

MUNICIPAL USE

Municipal Township buildings, recreation buildings, municipal use by the Township of Northampton and the Northampton, Bucks County, Municipal Authority including, but not limited to, retention basins, water and sewer systems, including wells, pump houses, standpipes, treatment plants and ancillary structures.

NET SITE AREA

See "site area, net."

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

B. The business shall employ no employees other than family members residing in the dwelling.

C. There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

D. There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.

E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

H. The business may not involve any illegal activity.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including, but not limited to, antennae and related equipment. Non-tower WCF shall not include support structures for antennae and related equipment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use of land or a structure which does not comply with the applicable use provisions of this chapter or any amendment to such chapter hereafter enacted, where such use was in lawful existence prior to the adoption of this chapter.

OBSCENE MATTER

Any matter:

A. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interests.

B. Which explicitly depicts or describes patently offensive representations or descriptions of:

(1) Ultimate sexual acts, normal or perverted, actual or simulated.

(2) Masturbation, fellatio, cunnilingus, beastiality, excretory functions or lewd exhibition of the genitals or genital area.

(3) Violent or destructive sexual acts including, but not limited to, human or animal mutilation, dismemberment, rape or torture.

C. Which, when considered as a whole, lacks serious literary, artistic, political, educational or scientific value.

OPEN SPACE

A contiguous area of land, containing at least two acres, used for recreation, resource protection, amenities or buffers, which is freely accessible to all residents of a particular development or subdivision or, if dedicated, is accessible to the public, as protected by the provisions of this chapter and the Subdivision and Land Development Ordinance [Chapter 22], to ensure that it remains in such uses and is protected from future development. Such open space may include improvements and impervious surface coverage to the extent that such is an element of the particular open space use and serves a related function, whether as parking, tennis courts or service roads. "Open space" does not include.

A. Nonrecreational structures, streets or street rights-of-way.

B. Improvements or impervious surface coverage except where such specifically serves the open space used as noted.

C. The required yards, minimum separation distances between buildings or lots of dwelling units.

D. No more than 10% of the area to be used for permanent erosion, sedimentation control and stormwater management facilities.

E. Open space shall include a public or private golf course. In the case of private courses, the open space use and restrictions shall be in accordance with plan approval by the Board of Supervisors.

[Added by Ord. No. 599, 10/24/2018]

OPEN SPACE RATIO

A measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the site area.

PARKING

The temporary storage of a vehicle for a continuous period of time not exceeding 72 hours. Continuity of a single period shall not be considered broken or terminated unless the vehicle shall have been removed from a lot for a period of at least 24 consecutive hours.

PARTY WALL

A fire wall used or adopted for joint service between two buildings or portions thereof.

PASSIVE OPEN SPACE

Includes all open space used as buffers, parks, picnic areas, conserved woodlands, open areas or stream valley, lakes, ponds, bicycle, hiking or nature trails and areas, and site area not devoted to planned recreation, subject to the exclusions contained in the definition of "open space." Required yard areas for any use shall not be counted as passive open space.

PATIO

A recreation area that adjoins a building which is often paved and especially adapted for outdoor dining.

PERSONS

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided, that "person" does not include or apply to the Township or to any department or agency of the Township.

PLAN or PLANS

Refer to Northampton Township Subdivision and Land Development Ordinance [Chapter 22] for description of plans, including sketch, preliminary, final and record plans.

PRESERVED AREA

Land used for one or more of the following uses in the Agricultural-Residential District:

A. Agriculture, including tilling of the soil, raising of livestock, horses or poultry, nursery and/or tree farm.

B. Commercial greenhouses, mushroom houses, feed lots, confinement of livestock or poultry operations taking place in structures or enclosed pens, riding academies, livery or boarding stables or kennels, subject to the limitations of the Code of Northampton Township, and provided that such uses are situated not less than 200 feet from any street line or property line.

C. Farm and/or agricultural retail sales at roadside stands, subject to the limitations of the Code of Northampton Township.

D. Single-family detached dwelling for the sole use of the property owner, immediate family members of the property owner and persons engaged in agricultural employment on the property. Immediate family members shall be limited to parents, grandparents, siblings, sons, daughters, grandsons and granddaughters, subject to the limitations of the Code of Northampton Township.

E. Passive or active recreation; provided, however, that any form of active recreational use shall be on a nonprofit basis unless said preserved area is dedicated to Northampton Township.

PRURIENT INTEREST

That which appeals to a shameful or morbid interest in sex.

PUBLIC

Of or pertaining to any building, structure, use or activity belonging to or affecting any duly authorized governmental body.

PUBLIC NOTICE

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

QUASI-PUBLIC

Churches, Sunday schools, parsonages and other related functions, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.

RECREATIONAL VEHICLE

A licensed vehicular unit primarily designed as temporary living quarters for recreational, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle including a camping trailer, travel trailer, house trailer, slid-in camper and motor home. House cars with a length of less than 20 feet shall not be included within this definition.

RESIDENTIAL DAY-CARE HOME

A facility licensed by the Commonwealth of Pennsylvania in which care is provided for one or more children at any one time where the child-care areas are being used as a family residence.

RESTAURANT

A place of business wherein food is prepared, processed and consumed within a structure on the premises or where food products sold within said structure are to be taken from the premises for consumption elsewhere.

RIGHT-OF-WAY or ROW

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

ROOMING HOUSE

A building or portion thereof containing not more than one dwelling unit, if any, where lodging is provided without meals for persons not residing in the dwelling unit.

SANITARY SEWAGE DISPOSAL, PUBLIC

A sanitary sewage collection system managed and operated by a public authority in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.

SCHOOL, PRIVATE

A privately administered institution or school whose curriculum is licensed and/or approved by the Pennsylvania Department of Education.

SCHOOL, PUBLIC

A school maintained at public expense for the education of the general citizenry of the community or district as part of the system of public education.

SENIOR CITIZEN HOUSING

A multiple dwelling containing units designed for independent living and occupied by families with one or more individuals who shall be at least 55 years of age. This use shall not include a convalescent or nursing home.

SHALLOW BEDROCK

Areas where existing public records or field surveys indicate bedrock at depths of four feet or less below natural grade.

SHOPPING CENTER

A group of five or more commercial establishments with an aggregate of more than 10,000 square feet of floor area that is planned, managed and operated as a single property with on-site parking. Not less than 60% of the total floor area shall be used for retail stores and outlets, general merchandise stores and personal service uses.

SITE

A parcel or parcels of land being considered or to be considered for subdivision or land development purposes or for purposes of zoning, upon which one or more buildings are intended.

SITE AREA

All land area within the site as defined in the deed or deeds. Actual area shall be from a survey rather than from a deed description. Site area shall not include any previously dedicated public right-of-way.

SITE AREA, NET

The site area less the area of any existing streets.

SLOPE

The face of an embankment, fill or cut section; any ground surface which makes an angle with the plane of the horizon. Slope is expressed as a percentage, based upon the vertical difference in feet per 100 feet of horizontal distance.

SPACE BETWEEN BUILDINGS

The shortest distance between two buildings regardless of orientation, unless otherwise defined as to orientation in the regulations for specific types of structures.

SPECIAL EVENT

Any gathering of people, held outdoors or in a temporary building or structure; conducted by a person or other recognized legal entity for common or collective use, amusement or benefit; including, but not limited to, a carnival, sideshow, fair, flea market, exhibition, traveling show, parade, fireworks display, lecture, religious ceremony or similar educational, recreational or sporting event. The following uses and activities shall not be included under this definition:

A. Noncommercial recreational uses or events customarily incidental and subordinate to a permitted use, such as intramural or interscholastic sports at a school.

B. Garage or yard sales, or similar commercial activities for private gain.

C. Private social functions not exceeding 500 persons.

D. Activities otherwise protected under the Constitution of the United States.

SPECIAL EXCEPTION

See Part 14.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennae 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 antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.

STEEP SLOPES

Areas where the average ground slope exceeds 15% and which, because of this slope, are subject to high rates of stormwater runoff and therefore erosion.

STORAGE

The placement of a vehicle or other item on a lot for a continuous period of time exceeding 72 hours.

STORM DRAINAGE

See "drainage facility."

STREET

A public or private right-of-way, deeded or dedicated for public use, 50 feet or more in width, which provides a means of access for vehicles or pedestrians. The term street shall include "road," "highway" and "thoroughfare." Existing streets of less than 50 feet in width which existed prior to this chapter shall be recognized as a legal street.

A. STREET, MAJOR One of two streets on which the majority of existing buildings or existing dwellings front, designed to carry a greater amount of vehicular traffic than the other street.

B. STREET, MINOR One of two streets on which the minority of existing buildings or existing dwellings front, designed to carry the lesser amount of vehicular traffic than the other street.

C. STREET, MAJOR ARTERIAL A street or route specifically designed to accommodate high traffic flow and generally carrying a high percentage of through traffic.

D. STREET, MAJOR COLLECTOR A street or route which serves as a connecting facility usually between two major arterial routes and having two or more moving lanes.

E. STREET, LOCAL MINOR COLLECTOR A street which serves the function of moving locally generated traffic from the interiors of neighborhood areas to the major collector streets and arterial streets.

F. STREET, RESIDENTIAL A street designed to serve individual residential parcels and not generally carrying through traffic.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. (See Township Building Code [Chapter 5, Part 1].)

STRUCTURE

Anything built, constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.

STRUCTURE, DECORATIVE

A structure not regulated herein and not intended for human occupancy or use, not to be placed in the right-of-way or in easements; decorative structure shall include birdbaths, trellises, doghouses; driveway markers or property markers, not in excess of 10 feet in length in any one direction, nor higher than five feet.

SUBDIVISION

A. MAJOR The division of a lot, tract or parcel of land or part thereof 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 devisees, 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. A two-lot subdivision is a major subdivision when it does not meet the stipulations of a minor subdivision.

B. MINOR The division of a single lot, tract or parcel of land or part thereof into two lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the proposed lots, tracts or parcels of land thereby created have frontage on an approved public street; and provided, further, that there is not created by the subdivision any new street or the need for required improvements, easement of access or the need therefor.

C. CLUSTER-DESIGNED A method of developing land for residential use utilizing certain performance standards, including but not limited to provision for an open space ratio, density, impervious surface ratio and other standards, in addition to certain dimensional requirements as set forth in this chapter.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 20% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 20% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. This term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the code enforcement officials and which are the minimum necessary to assure living conditions.

B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's designation as an historic structure.

SUBSTANTIALLY CHANGE

(1) 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 (2) 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.

SURVEYOR

A registered surveyor licensed as such by the Commonwealth of Pennsylvania.

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

TELECOMMUNICATIONS EQUIPMENT BUILDING

The building in which electronic receiving, relay or transmitting equipment for a telecommunications facility is housed.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

TOWNSHIP

Northampton Township, Bucks County, Pennsylvania.

TRANSIENT DWELLING

A dwelling unit in which between six and 16 persons who are not considered a family live together and maintain a common household with single cooking facilities.

UNDEVELOPABLE

Land or property which is not suitable for building purposes due to but not limited to flooding, a persistent high water table, steep slopes, erodible soil, floodplain soil, marsh area, shallow bedrock, poorly drained soils or for other reasons.

UNIFORM CONDOMINIUM ACT

An Act of the Commonwealth of Pennsylvania adopted July 2, 1980, by P.L. 286, No. 82, Section 1, 68 Pa.C.S.A. § 3101 et seq.

UTILITY TRAILER

A trailer defined as a Type I commercial vehicle associated with the hauling of a boat or other conveyance.

VARIANCE

See Part 14.

WATER DISTRIBUTION SYSTEM, PUBLIC

A system for supplying and distributing water from a common source to dwellings and other buildings, but generally not confined to one neighborhood.

WATERCOURSE

Storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water.

WAY/LANE

A deeded or dedicated public or private right-of-way sometimes used as a secondary vehicular access to land or lot.

WETLANDS

An area inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted to life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and wetland areas designated by a river basin commission.

WIRELESS

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

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennae, 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.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

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.

WIRELESS SUPPORT STRUCTURE

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

YARD

An open space at grade between a yard line and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. (See Figure 27-2-1 of this Part.)

A. REQUIRED YARD A yard between the lot line and the building line of the dimensions required by this chapter.

B. REQUIRED FRONT YARD A yard across the full width of the lot, extending from the front lot line to the front building line as prescribed in this chapter.

C. REQUIRED SIDE YARD A yard between the required front and rear yards, extending from the side line of the lot to the side building lines as prescribed in this chapter.

D. REQUIRED REAR YARD A yard across the full width of the lot, extending from the rear lot line to the rear building line as prescribed in this chapter.

Figure 27-2-1

[1] Editor's Note: The former definitions of "accessible parking space" and "accessible route," which immediately preceded this defintion, were repealed by Ord. No. 617, 2/28/2024.