Final

Amendments Included: Ordinance #655 Ordinance #681 Ordinance #694 Ordinance #705

Ordinance #711

NEWTOWN BOROUGH ZONING ORDINANCE

TABLE OF CONTENTS Page

ARTICLE 1

ARTICLE 2

ARTICLE 3

ARTICLE 4

ARTICLE 5

ARTICLE 6

TITLE. PURPOSES. AND JURISDICTION 5100 Title ........................................................................................................................ 1 5101 Short Title .............................................................................................................. 1 5102 Purposes and Community Development Objectives .......................................... 1 5103 Interpretation ........................................................................................................ 2 5104 Separability ........................................................................................................... -3

DEFINITIONS 5200 General .................................................................................................................. 5 5201 Definitions ............................................................................................................. 5

ESTBLISHMENT OF DISTRICTS 5300 Establishment of Districts ................................................................................... 15 5301 Classes of Districts ....................................................................................... 1 5 5302 Historic District and Map ................................................................................... 15 5303 Zoning Map ......................................................................................................... 15 9304 District Boundaries ............................................................................................. 16

USE REGULATIONS ............................................................................... §400 Applicability of Regulations 17

................................................................................................. #01 Uses Regulations 18 §402 Prohibition on Outdoor Sales from Temporary

................................................................................................ Vending Vehicles 60

GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS 5500 Area and Dimensional Requirements ............................................................... 61 5501 Clear Sight Triangle ............................................................................................ 62 5502 Parking Standards ............................................................................................... 62 5503 Parking Requirements for Permitted Uses ........................................................ 66 5504 Buffer and Landscape Requirements ................................................................ 70 5505 Outdoor Lighting ................................................................................................ 71 5506 Environmental Protection Standards ................................................................. 72 5507 Protection of Areas with Natural Resource Restrictions .................................. 73

. 5508 Floodplain District .............................................................................................. 73 5509 Nuisance Standards ............................................................................................ 79 5510 Open Space . Layout Standards for Required Open Space ............................. 81 551 1 Water Supply; Sewage Disposal Systems ......................................................... -81

DISTRICTS SO0 BR-I Borough Residential District . 1 ............................................................... 83 SO1 BR-2 Borough Residential District . 2 ............................................................... 85

............................................................... $602 BR-3 Borough Residential District . 3 87

............................................................... . SO3 BR-4 Borough Residential District 4 89 ...................................................... $604 BPS Borough Professional Service District 92

TABLE OF CONTENTS . cont'd Page

ARTICLE 6 (cont'd) §605 TC Town Center ................................................................................................ 94 5606 Village Conservation (V-1) ................................................................................. 96 #07 Village Gateway (V-2) ........................................................................................ 98

.................................................................................... 5608 Business Gateway (B-1) 100 5609 Borough Mixed Use (8-2) ............................................................................... 103

ARTICLE 7 SIGNS 9700 Definition of Sign Types ................................................................................... 105 5701 Procedures ......................................................................................................... 105 5702 General Sign Regulations ............................................................................. 106 3703 Exempt Signs ..................................................................................................... 108

................................................................................................ 5704 Prohibited Signs 110 §705 Temporary Signs Requiring a Permit ......................................................... 112 5706 Permanent Signs Requiring a Permit ............................................................... 112

....................................................................................... 5707 Nonconforming Signs 119

ARTICLE 8 NONCONFORMXTES ......................................................................................................... 5800 Definitions 121

5801 Continuation ..................................................................................................... 121 5802 Alteration or Extension .................................................................................... 121

.................................................................................................. 5803 Reconstruction 122 5804 Discontinued Use ............................................................................................. 122

............................................................................................................. 5805 Changes 123 ................................................................................................... 5806 Displacement 123

ARTICLE 9 ADMINISTRATION 5900 Zoning Officer ................................................................................................... 125 5901 Zoning Permit Required ................................................................................... 126 5902 Expiration of Special Exceptions and Variances ............................................. 134 5903 Fees .................................................................................................................... 134 5904 Conditional Uses ............................................................................................... 134

ARTICLE 10 ZONING HEARING BOARD 51001 Establishment and Membership .................................................................... 139 51002 Organization of the Zoning Hearing Board ................................................. 139 51003 Persons Entitled to Initiate Action before the

Board and Jurisdiction .................................................................................... 140 51004 Manner of Initiating Action before the Board ......................................... 141 51005 Time Limitations ............................................................................................. 141 51006 Hearings .......................................................................................................... 141

......................................................................................................... 51007 Variances 144 51008 Special Exceptions ........................................................................................... 144 91009 Additional Factors to be Considered ............................................................. 144 §I010 Validity of Ordinance; Substantive Questions .............................................. 145

TABLE OF CONTENTS -- cont'd Page ARTICLE 11 AMENDMENTS AND APPEALS

§1100 Power of Amendment .......................................................................... 147 §1101 Public Hearings Prior to Amendment ................................................. 147 §1102 Submission to the Borough Planning Commission and

and Bucks County Planning Commission ............................................147 §1103 Proposals by Curative Amendments.................................................. 148 §1104 Private Petition for Amendment ............................................................148 §1105 Appeals to Court .................................................................................. 149

ARTICLE 12 ENFORCEMENT §1200 Enforcement Remedies ...........................................................................151 §1201 Causes of Action.......................................................................................151 §1202 Complaints of Violations .....................................................................151 §1203 Enforcement Notices ................................................................................ 152

ARTICLE 13 EFFECTIVE DATE §1300 Effective Date ............................................................................................ 153

INDEX ............................................................................................................................................. A - G APPENDIX 1 ........................................................................ Amendments: Ordinance #655 Ordinance #681 Ordinance #694 Ordinance #705 Ordinance #711 APPENDIX 2 ....................................................................... Map of Newtown Borough

iii

Article 1 TITLE, PURPOSES, AND JURISDICTION

§I00 Title

A zoning ordinance regulating the location, height, bulk, erection, construction, alteration, razing, removal, and size of structures; the percentage of lot which may be occupied; the size of yards, courts, and other open spaces; the density and distribution of population; the intensity of use of land and bodies of water for commerce, industry, residence, recreation, public activities, and other purposes; the protection of natural features; the protection of historic resources; and the uses of land for agriculture, water supply, conservation, and other purposes in all portions of Newtown Borough.

§I01 Short Title

This Ordinance shall be known as and may be cited as the "Newtown Borough Zoning Ordinance."

§I02 Purposes and Community Development Objectives

This ordinance is enacted in accordance with the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) to implement the following community objectives and purposes:

1. Preserve the residential character of the borough and continue to accommodate a variety of housing types.

2. Fully respect the natural features of the Borough in all development.

3. Encourage preservation of historic structures and areas.

4. Ensure a safe and efficient transportation network for pedestrians, automobiles, and public transportation.

5. Support the existing nonresidential development and minimize the conflicts between the nonresidential activities and surrounding residential areas through the implementation of use regulations, opportunities for reuse, and standards on intensity and location.

6. Provide adequate parking for residences and businesses.

7. Regulate signs in a way that protects the Borough historic appearance and aesthetics while providing adequate information to patrons of the commercial areas.

8. Continue to foster a mix of retail, service, office, and food service uses in the commercial districts.

ARTICLE 1

9. To promote, protect and facilitate all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations; the provision of adequate light and air, access to incident solar energy; police protection; vehicle parking and loading space; transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.

10. To prevent the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.

11. To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.

Recognize legal and existing nonconforming uses and protect rights for continued operation.

To implement the objectives of the Newtown Borough Comprehensive Plan, as adopted in November, 1999 as amended from time to time.

To comply with the requirements of the Pennsylvania Municipalities Planning Code which requires that all municipalities allow for commercial forestry and no-impact home-based businesses as permitted uses in all zoning districts.

To regulate the bulk, scale, and dimensions of land uses to be consistent with the historic development pattern of Newtown Borough.

To encourage trahtional neighborhood development as permitted by Article VII- A of the Pennsylvania Municipalities Planning Code, which permits each municipality to fix standards and conhtions for traditional neighborhood development.

5103 Interpretation

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare of the Borough. Where this Ordinance imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribes larger open spaces than are required by the provisions of another ordinance, enactment, rule, regulation or permit, then the provisions of this Ordinance shall control. The most restrictive standard or requirement shall apply in case of conflict between this ordinance and other borough ordinances.

ARTICLE 1

This ordinance does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinance, except those specifically or impliedly repealed by this Ordinance, or any private restriction placed upon property by covenant, deed, or other agreement .

5104 Separability

If a court of competent jurisdiction declares any provision of this Ordinance to be invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of this Ordinance shall continue to be separately and fully effective.

If a court of competent jurisdiction should find the application of any provision or provisions of this Ordinance to any lot, building, tract of land, or other structure to be invalid in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the decision, and the application of any such provision to other persons, property or situations shall not be affected.

ARTICLE 1

ARTICLE 1

Article 2 DEFINITIONS

$200 General

A. Unless a contrary intention clearly appears, the following words and phrases shall have for the purposes of this Ordinance the meanings given in the following clauses.

B. For the purpose of this Ordinance, words and terms used herein shall be interpreted as follows:

1. Words used in the present tense include the future.

2. The singular includes the plural

3. The word "person" includes a corpora tion, partnership, and association as well as an individual.

4. The word "lot" includes the words "plot" and "parcel."

5. The term "shall" is mandatory.

6. The words "used or occupied" as applied to any land or structure shall be construed to include the words "intended, arranged, or designed to be occupied."

7. The words "Planning Commission" always refer to the Newtown Borough Planning Commission.

8. The words "Borough Council" or "governing body" always refer to the Newtown Borough Council.

9. The words "municipality" or "Borough always mean the Borough of Newtown.

10. The words "Zoning Hearing Board" always refer to the Zoning Hearing Board of Newtown Borough.

5201 Definitions

Accessory Structure - A structure subordinate to the principal use or structure on a lot and used for purposes customarily incidental to those of the principal use or structure.

Accessoly Use - A use subordinate to the principal use of land or a building on the same lot with the principal building or use and customarily incidental thereto.

Act - The Pennsylvania Municipalities Planning Code of July 31, 1968, P.L. 53 P.S. (Act 247, as amended).

ARTICLE 2

Adjacent - Adjacent properties shall mean properties that are contiguous, as defined herein, as well as properties that are separated only by a street or alley and not by intervening proper ties.

Alley - a public or private way permanently reserved as a secondary means of access to the rear or side of two (2) or more abutting properties.

Alterations - Any change in supporting members of a building such as bearing walls, columns. beams, or girders; any addition to a building; any change in use from one use classification to another; or removal of a building from one location to another.

Base Site Area - Area within the lot lines of a lot but excluding the area of land within the street right-of-way and excluding the area of land restricted from development by covenants or easements or other development restrictions.

Boarder - A person occupying a room or rooms used or intended to be used for living and sleeping but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to the owner of the room or rooms.

Buffer Yard - A strip of required yard space adjacent to the boundary of a property or district of a width not less than that designated by this Ordinance, and on which is placed shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to meet the requirements of borough ordinances and to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district.

Building - A structure having a roof that is used or intended to be used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof.

Building Area - The aggregate of the 1l1aximu111 horizontal cross-section areas of buildings on a lot, taken at t heir greatest outside diluei~siol~s on the ground floor, including all attached and detached structures, except steps, terraces, con~ices, eaves and gutters, hu t including roofed porches, roofed bi-eezebvay s and roofed carports. Ordbza?zcc GSI, udoytcd &lay 8, 2007.

Building Covei-age - the ratio of the total building area of all buildings on a lot to the net buildable site area of the lot 011 which they are located. Ordi~za~zcc 681, adopted Aduy S, 2007.

Building Envelope - The portion of a lot on which the principal building or structure can be placed and which excludes all front, side, and rear yard areas as well as all rights-of- way. easements, areas with environmental protection restrictions, and any other areas protected by the terms of this ordinance.

ARTICLE 2

ZONING ORDINANCE Revision approved July 13,2004

ADDENDUM

Ordinance 655, adopted 10/12/2004 Pertaining to set-backs for various accessory structures

Article 4, Section 401 .C(2)a Article 4, Section 40.1 .C(~)C Article 4, Section 4oi.C(5) Article 4, Section 401 .C(5)a Article 4, Section 401 .C(5)b Article 4, Section 40i.C(5)d Article 5, Section 502A(6)

2. Ordinance 681, adopted 5/8/2007 Pertaining to:

the installation of geo-thermal systems Article 4, Section 401(C)1 subsection 15 Article 5, Section 511, subsection C Article 6, subsection (A)I of each Section 600-609

establishment of maximum building coverage ratios for lots in all zoning districts Article 2, Section 200 Article 6, Section 600, Subsection B Article 6, Section 601, Subsection B Article 6, Section 602, Subsection B Article 6, Section 603, Subsection B, C and D Article 6, Section 604, Subsection B Article 6, Section 605, Subsection B Article 6, Section 606, Subsection B and C Article 6, Section 607, Subsection B and C Article 6, Section 608, Subsection B Article 6, Section 609, Subsection B

Complete ordinances included at the back of this document.

Building Scale - the relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width and depth.

Building Setback LineBuilding Line - The line parallel to the street right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.

Build-To Line - A line parallel to the street right-of-way that establishes the maximum distance that a building or principal structure may be set back from the street right-of-way.

Consistency - an agreement or correspondence between matters being compared which denotes a reasonable, rational, similar, connection or relationship.

Contiguous - Contiguous shall mean immediately abutting and sharing a common property line.

Comer lot - A lot which has an interior angle of less than 135 degrees at the intersection of two street lines; or a lot fronting on a curved street if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.

Decision - Final adjudication of any board or other body granted jurisdiction under this ordinance or the Pennsylvania Municipalities Planning Code to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Bucks County and the judicial district wherein the Borough lies.

Determination - Final action by an officer, body or agency charged with the administration of this ordinance or applications thereunder, except the Borough Council and Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

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 or other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land; the erection or construction of any structure, any impervious surface, or any parking or loading area, whether or not covered by an impervious surface.

Driveway - A private strip of land intended as a means of vehicular access to a lot.

Dwelling - A building designed and occupied for residential purposes and not including hotel, motel, boarding house, tourist home, institutional or Nursing Home, Personal Care Facility, guesthouses, bed and breakfast, or residential clubs. See Article 4 for definitions of specific dwelling types.

Dwelling Unit - One or more rooms for living purposes, together with cooking and sanitary facilities, which are used by one or more persons living together as a single family and maintaining a common household.

7 ARTICLE 2

Easement - A right-of-way granted for limited use of land or a restriction placed on land for specific purposes. Easement areas will affect the use of land and calculation of land available for development under the terms of this ordinance.

Eaves - The lowest horizontal line of a sloping (i-e. gable, hip, gambrel) roof.

Employee - An employee, assistant or associate, agent, contractor, or representative who acts in interest or profits from a business, industry, home office or occupation, or other enterprise.

Enforcement Officer - The zoning officer, building inspector, or other individual appointed by the Borough to enforce this Ordinance within the jurisdiction of the Borough.

Expansion - An addition to the floor area of an existing building, an increase in size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

Faqade - The exterior wall, face, or plane of a building.

Facade, area of - The area of the facade is computed by multiplying the distance between the corners of the facade by the distance from the average level of the finished grade of the ground to the eaves of the roof or top of the facade.

Family - A group of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on a structured organization. This is distinguished from a group occupying a hotel, club, personal care facility, or boarding home.

Fence - A man-made construction of any material or combination of materials erected to enclose or screen areas of land, including a wall.

Floor Area - The sum of the areas of the several floors of a building measured from the outside face of the exterior walls or from the centerlines of walls separating two buildings and including space below the level of the ground if it is used for dwelling or a specific use other than storage and utilities; accessory buildings; enclosed porches or patios, but excluding floor area used for off-street parking and loading berths.

Floor area ratio - The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.

Garage - An attached or detached building used or designed to be used for the storage of vehicles, including carriage houses and Quaker sheds.

Hearing - An administrative proceeding conducted by the Borough Council or the Zoning Hearing Board pursuant to t h s ordinance.

ARTICLE 2

-?eight of Building or Structure - A vertical h tance measured from the mean level of the elevation of the finished grade of the budding or structure abutting the front elevation, measured from a point six (6) feet from the building or structure wall, to the following points:

a. for flat roofs (defined as any roof with a pitch less than 8:12), to the highest point of the burlding or structure;

b. for mansard roofs and any other roof greater than 16:12 pitch, to the deck hnes (defined as the point of intersection between the sloping and flat roof portions);

c. for gable, hip or gambrel roofs, to the mean height between the eaves and ridge/peak, in which case the roof pitch shall not be less than 8:12 and shall not exceed 16:12; or

d. for all other roof types, to the highest point of the building or structure.

Historic District - The official historic district established by the borough under the authority of Act 167.

Historic Resource - Any structure or site listed on or eligible to be listed on the National Register of Historic Places or which has been designated to be of historic or architectural significance by the Borough Council, following recommendations from the Newtown Borough Historic Architectural Review Board and/or the Newtown Joint Historic Commission.

Impervious Surface - Surface that does not absorb water, including all buildings, parking areas, driveways, roads, sidewalks, and any areas of concrete, asphalt, and packed stone, and any other areas determined to be impervious by the Borough Engineer. All decks are impervious surfaces.

Impervious Surface Ratio - The total area of all impervious surfaces within a lot divided by the lot area.

Junk Yard - An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to waste paper, rags, metal building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to make a junk yard.

Lot - A designated parcel, tract or area of land established by a plat or subdivision plan approved by Newtown Borough and recorded in the Bucks County Recorder of Deeds Office, or by a condominium plan, planned community, or other plan creating unit ownership.

Lot Area - The area contained within the property lines of a lot, excluding space within an existing or future right-of-way and within permanent drainage or stormwater management easements but including the areas of all other easements.

9 ARTICLE 2

Lot Width - The distance measured between the side lot lines at the required building setback line or build-to line where a build-to line is required, and the street line; or, where there is only one side lot line, the distance between the side lot line and the opposite rear lot line or street line.

Lot Line, Front - See Street Line

Lot Line, Rear - Any lot line which is parallel to or within 45 degrees of being parallel to a street line which is farthest from the street line.

Lot Line, Side - Any lot line which is not a front or rear lot line.

Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles, which are placed on a site for more than one hundred eighty (180) consecutive days.

New Construction - Structures for which the start of construction commenced on or after December 18,1979, and includes and subsequent improvements thereto.

Nonconforming Lot - A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

Nonconforming Structure - A structure or part of a structure which does not comply with the applicable area, setback, yard, building height, location, size, or impervious surface provisions of this Zoning Ordinance or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of this ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.

Nonconforming Use - A use, whether of land or of structure, which does not comply with the applicable use provisions in this ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment.

Open Space - That area of land and/or water to be restricted from future development for the purpose of protecting natural features, providing buffers, or for recreational purposes. Open space does not include land occupied by structures, roads, road rights-of-way, parking lots, land reserved for future parking lots, stormwater detentionhetention basins or facilities, or areas of public facilities such as community septic systems, nor does it include any portion of the minimum lot area as required by this Ordinance.

Premises - Any lot or tax parcel or if in a condominium form of ownership, any structure or building regardless of the number of units within the building or structure.

ARTICLE 2

Preservation or Protection - Means to conserve and safeguard natural and historic resources from wasteful or destructive use.

Principal Use - The main use of a lot, not including an accessory use.

Public Hearing - A formal meeting held pursuant to public notice by the Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance.

Public Meeting - A forum held pursuant to notice under 65 Pa. C.S. CH 7, as amended.

Public Notice - Notice published once a week for two successive weeks in a newspaper of general circulation in the Borough. 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 the hearing.

Report - Any letter, review, memorandum compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received, or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

Resource Protection Land - Property with environmental resources including floodplain, floodplain soils, wetlands, Waters of the Commonwealth, steep slopes, woodlands, and tree protection areas, to the extent protected by this Ordinance.

Right-of-way - A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary sewer or stormwater management facility, stream, drainage ditch, or for any other use, including that area deemed necessary by Borough ordinance to accommodate future street improvements.

Sign - Any Letter, nameplate, identification, poster, billboard, public display, object, or illustration, structure or device used for visual communication which is affixed, painted, projected, or placed upon a building, post, sidewalk, or other surface, whether inside or outside, for the purpose of bringing any subject to the attention of the public, or which advertises or identifies a business, commodity, service, product, or structure.

Single and Separate Ownership - The ownership of a lot, tract, or parcel of land by one or more persons, partnerships, corporations, or other legal entities, whtch is separate and distinct in ownership from the ownership of any abutting or adjoining lot, tract, or parcel; also, separate and distinct ownership shall have the same meaning.

ARTICLE 2

Site Area, Net Buildable - The part of the base site area remaining for development after the land area required for resource protection under the terms of this ordinance has been deducted.

Special Exception - A use to be granted or denied on the basis of standards and criteria specified in this ordinance for the use in question and upon the general standards included in this Ordinance. Special exceptions may not be granted for uses other than those expressly stated in this Ordinance as subject to special exception by the Zoning Hearing Board.

Steep Slopes - Areas where the average slope equals or exceeds fifteen percent.

Story - That part of a building located between the surface of any floor and the flmr or roof next above.

Street - 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.

Street Line - The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line or, where established by Ordinance or other means, the future right-of-way line.

Structure - A man-made object or improvement having an ascertainable stationary location on land or in the water, whether or not affixed to the land, but not including poles with basketball backboards and hoop, swing sets with two (2) or fewer seats and one (1) or fewer slides, poles with clotheslines (including umbrella types), poles with bird feeders, flagpoles, awnings with pole supports, and mail box posts only.

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 fifty percent (50%) 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 fifty percent (50%) 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. The term does not, however, include either of the following:

1. 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 local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. any alteration of a "historic structure" (as that phrase is defined in the Newtown Borough Historic District Ordinance) provided that the alteration will not preclude the structure's continued designation as a "historic structure."

ARTICLE 2

Swimming Pool - Any pool which is used or intended to be used for swimming, wading or bathing. either over eighteen (18) inches in depth or with a surface area of one hundred fifty (150) square feet or more. For the purposes of this Ordinance, a swimming pool, whether above or below grade level, is considered an accessory structure.

Tree Protection Area - An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection area shall be fifteen feet from the trunk of the tree to be protected, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees, the tree protection area shall be the aggregate of the protection areas for individual trees.

Use - Any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a lot.

Use, Permitted - A use allowed subject to the provisions of this ordinance, exclusive of any nonconforming or illegal use.

Video Gaminwinball Devices - A currency-operated machine, mechanical machine or electronic machine, which operates as a game or contest of skill or amusement.

Wastewater Facility - Any sanitary sewer, sewage system, sewage treatment or parts thereof designed, intended, or constructed for the collection, treatment, and satisfactory disposal of wastewater.

Watercourse - Any intermittent or perennial, natural or man-made channel, canal, millrace, creek, stream, ditch, dry run, spring, river, swale or any other natural or man-made feature conveyrng water.

Waters of the Commonwealth - Any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.

Wetlands - Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either 1) The United States Army Corps of Engineers Wetlands Delineation Manual; or 2) The Pennsylvania Department of Environmental Resources Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations.

Woodlands - Areas, groves or stands of trees covering an area of one quarter acre or greater.

Yard - A space open to the sky on the same lot with a building or structure which is unoccupied except for accessory uses or structures to the extent specifically permitted by this Ordinance, and extending along a lot line or a street line inward to the principal

ARTICLE 2

use or structure. The size of the required yard shall be measured at the shortest distance between any part of the structure and a lot line or street line.

Front Yard - The open unoccupied space between the front building line and the street right-of-way line for the full width of the lot.

Side Yard - The open unoccupied space extending from the front yard to the rear yard between the side building line and the side lot line.

Rear Yard - The open unoccupied space between the rear building line and the rear lot line for the full width of the lot.

ARTICLE 2

Article 3 ESTABLISHMENT OF DISTRICTS

§300 Establishment of Districts

Newtown Borough is hereby divided into districts of different types, each type being of such number, shape, kind, and area and of common unity of purpose and adaptability of use that are deemed suitable to carry out the purposes of this Ordinance.

5301 Classes of Districts

Newtown Borough is hereby divided into districts as follows:

BR-1 BR-2 BR-3 BR-4 BPS TC v-1 v-2 B-1 B-2

Borough Residential Borough Residential Borough Residential Borough Residential/Multi-family Borough Professional Service Town Center Village Conservation Village Gateway Business Gateway BusinessNixed Use

5302 Historic District and Map

As governed by Act 167 (1961) P.O. 282, Number 167, the Newtown Borough Historic District Ordinance has been provided as Attachment A to the Ordinance and the Historic District shown on the Historic District Map. As provided within the Historic District Ordinance, no building permit for projects requiring a Certificate of Appropriateness shall be issued for any structure, building or sign within an Historic District until a Certificate of Appropriateness has been granted by the Borough.

9303 Zoning Map

The boundaries of zoning districts shall be as shown upon the map attached to and made a part of this Ordinance, which shall be designated the "Newtown Borough Zoning Map." The map and all notations, references and other data shown thereon are hereby incorporated by reference into this Ordinance and shall be as much a part of this Ordinance as if all were fully described herein. The Floodplain Districts shall be as shown on the Flood Insurance Rate Map of the 100-year floodplain prepared by the Federal Insurance Administration for Newtown Borough, Community Number 420196, dated December 18, 1979, amended in May, 1999, and made a part of this Ordinance, which map shall be known as the "Newtown Borough Floodplain District Map."

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9304 District Boundaries

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately coinciding with the center lines of roads, creeks, streams, or railroad rights-of-way, such centerlines shall be construed to be such boundaries. Where district boundaries are so indicated that they are approximately parallel to centerlines of roads, creeks, streams, or railroad rights-of- way, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning district map.

B. Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries.

C. Where district boundaries divide a lot, the location of such boundaries shall be determined by use of the scale shown on the Zoning Map unless the boundaries are indicated by dimensions.

D. In case any further uncertainty exists, the Zoning Hearing Board shall interpret the intent of the map as to location of district boundaries.

ARTICLE 3

Article 4 USE REGULATIONS

$400 Applicability of Regulations

A. No building, structure, or land shall be used or occupied except in accordance with these regulations. All uses permitted by right, by conditional use, or by special exception shall be subject to yard, lot area, lot width, height, depth, impervious surface, buffer, off-street parking, and other requirements of this and other articles of this ordinance.

B. A use listed in Article 6 as a use permitted by right is permitted by right subject to such requirements as may be specified in Section 401 for that use, in addition to the requirements of Article 6. A use listed in Article 6 as a Special Exception may be permitted as a Special Exception provided the Zoning Hearing Board grant approval, subject to the requirements of Section 401, Article 6, approval of subdivision or land development, and such further restrictions as said Board may establish. Any buffer requirements statement herein may be modified upon consideration by the Council of an application for Conditional Use approval; a variance application will not be required in requesting the modification of buffer requirements.

C. A use listed as a use permitted by Conditional Use may be permitted as a Conditional Use provided the Council, having received comments from the planning commission, grants the conditional use subject to the expressed standards set forth in this ordinance, and after approval has been granted subject to the requirements of the Subdivision/Land Development Ordinance if applicable, and such further conditions that the council may impose to insure the protection of adjacent uses, and the health, safety, or general welfare.

D. A use, accessory use, or accessory structure not listed as being permitted by right, special exception, or conditional use in a particular zoning district is not permitted in that zoning district.

E. Except as specifically permitted by this Ordinance, on any property, lot, tax parcel or tract of land, only one (1) principal use shall be permitted unless the property, lot, tax parcel, or tract has been divided by leaseholds or condominium agreements, in which case no more than one single use may occupy a single leasehold or condominium unit. Each principal use must separately satisfy all dimensional, yard, parking and specific use criteria of this ordinance.

In the case of a residential use, a single use shall be defined as a dwelling unit. In the case of nonresidential uses, a single use shall be defined as a single business. Each proposed single use shall provide a taxpayer identification number with the zoning permit application. This subsection shall not prohibit permitted accessory uses from occupying the same lot as a principal use.

F. Land Development and/or Subdivision Approval Required - Land development and/or subdivision application and approval shall be required, and condominium, planned

17 ARTICLE 4

community, or any other form of unit ownership designation shall be required, in addition to zoning approval, in accordance with the requirements of the Pennsylvania Municipalities Planning Code and the Newtown Borough SubdivisionLand Development Ordinance.

G. All uses permitted in the borough shall be subject, in addition to these ordinance regulations, to all other applicable borough, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, wastewater disposal requirements, water supply regulations, soil erosion and sedimentation control requirements, floodplain regulations, state road regulations, and fire protection requirements. Remedies and enforcement of these other requirements shall be by means of the applicable regulations and statutes, and relief cannot be granted to these regulations by the Borough Zoning Hearing Board, which has no jurisdiction.

H. A use not specifically permitted in the zoning district by right, special exception or conditional use, or not provided for in this Ordinance, is prohibited.

§401 Uses Regulations

A. Residential Uses

1. Single-family detached dwelling - A building designed and occupied exclusively as a residence for one family with yards on all sides.

2. Two-family dwelling (twin or duplex dwelling) - A building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell. Dwellings having a party wall in common must be erected at the same time.

3. Multifamily Dwelling - Apartment-Style Dwelling A mu1 tifamily dwelling type containing 3 or more dwelling units, including apartments, flats or garden apartments, where individual dwelling units may share a common outside access or have individual outside access. Garden apartment or flat-type development refers to dwellings within a building that may be above, side by side, or back to back with other dwellings.

a. No more than 12 dwelling units shall be contained in one single building.

b. Dwelling units shall be arranged in groups or clusters rather than in parallel rows.

c. Maximum length of a single structure - 120 feet.

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d. Unless modified pursuant to a traditional neighborhood development plan approved by Newtown Borough Council, a buffer shall be provided along all side and rear property lines, with a width of ten (10) feet and which shall be planted in accordance with Section 504 of this Ordinance.

e. Where specifically allowed by this Ordinance, existing buildings and/or structures deemed to have historic value by Newtown Borough Council may be converted into multi-family dwellings - apartment style dwellings if permitted by conditional use. If permitted, the requirements of a., b., c. and d. are not required to the extent compliance with these provisions cannot be met.

4. Townhouse/Attached Dwelling - A multifamily dwelling type including townhouses or attached dwellings with one dwelling unit from the ground to the roof and no more than two walls of each dwelling in common with other such dwellings, where each unit has its own outside access.

a. An average of three (3) dwelling units in a row shall be permitted, with no more than five (5) dwelling units in a group.

b. To create architectural interest in the layout and character of housing fronting the streets, variations in setbacks, materials and design shall be required, unless modified pursuant to a traditional neighborhood development plan approved by Newtown Borough Council. A maximum of thirty (30) inches variation in setback shall occur between every dwelling.

5. Traditional Neighborhood Development - A combination of single-family detached dwellings, two-family dwellings, multi-family dwelling - apartment style dwellings, townhouse - single family attached style dwellings, and/or residential conversions designed to promote a mixture of housing types in a traditional neighborhood development style.

a. The purpose of a traditional neighborhood development is to allow the optional development and redevelopment of land in Newtown Borough consis tent with the design principles of traditional neighborhoods. A traditional neighborhood is compact; designed for the human scale; provides a mix of housing styles, types, and sizes; incorporates a system of streets and sidewalks with existing streets and sidewalks if possible that offer multiple routes for motorists, pedestrians, and bicyclists; retains existing buildings with historical features or architectural features that enhance the visual character of Newtown Borough; incorporates significant environmental features into the design; and is consistent with Newtown Borough's Comprehensive Plan.

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b. The traditional neighborhood development use is an alternative set of standards for development within Newtown Borough for new or infill development of a minimum amount of contiguous land.

c. A traditional neighborhood development is permitted by conditional use only as specified in Article 6 hereof. An application for a traditional neighborhood development shall include a plan with the contents required by this Ordinance and the Newtown Borough Subdivision and Land Development Ordinance. The final plan shall be recorded with the Bucks County Recorder of Deeds Office and all conditions required by the approval of the traditional neighborhood development shall be complied with before any building permits are issued.

d. At least ten percent (10%) of the gross acreage of the traditional neighborhood development must be open space. The amount of required open space may be reduced by the area of existing buildings or structures deemed to have historic value by Newtown Borough Council that are converted into multi-family dwellings, not to exceed twenty percent (20%) of the required open space. At least fifty percent (50%) of the required open space shall be centrally located as a community green and be within a five (5) minute walk from at least 50% of the lots.

e. Setbacks for all dwelling types shall respect the adjacent buildings and structures, and shall reflect the goals and principles of a traditional neighborhood design.

f. Unless approved by Newtown Borough Council upon a showing of undue hardship, dwelling units in a traditional neighborhood development shall be serviced by a rear or side alley, and have attached or detached garages (residential accessory structures) located to the rear of the dwelling unit. The setback provisions of Article 401.C.2.b.4 shall not apply to a garage serviced by an alley, and the residential accessory structure may be located as close to or on the lot line as necessary to permit the alley to service the garage. Appropriate easements, in a form approved by Newtown Borough Council, shall be recorded for all lots to permit access and/or maintenance to the garages.

g- No portion of the front facade of any dwelling unit in a traditional neighborhood development shall be occupied by a garage door, unless the dwelling unit is created in an existing building or structure. On-lot parking spaces are prohibited in the front of any dwelling unit, and on- lot parking spaces are prohibited to the side of any dwelling unit unless approved by Newtown Borough Council upon a showing of undue hardship.

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h. Cul-de-sac streets and reverse frontage lots (i.e. a lot with its rear yard toward a public or private street) are prohibited in a traditional neighborhood development.

i. Architectural Standards. All structures within a traditional neighborhood development shall be designed to protect and preserve the character of the area. A variety of architectural features and building materials are required to give each building or group of buildings a distinct character, unless otherwise approved by Newtown Borough Council. New and existing structures should follow complementary designs. The proposed architectural styles, building scale, design, materials of the buildings and structures with proposed building elevations and pictures (including dimensions of building height and width, and facade treatment) shall be submitted. Newtown Borough Council may direct an applicant to meet informally with an ad-hoc committee comprised of members of various Newtown Borough boards and/or commissions and/or other community members to review and make recommendations on the proposed architectural standards.

j- A traditional neighborhood development proposal shall be subject to covenants, conservation easements, restrictions or agreements that will influence use and maintenance of the proposed traditional neighborhood development. All such provisions shall be approved by the Newtown Borough Council and shall be recorded in the Bucks County Recorder of Deeds Office.

k. Use of existing historic buildings for dwellings in a traditional neighborhood development - Newtown Borough encourages the adaptive re-use of existing buildings and/or structures deemed by Newtown Borough Council to have historic value for conversion to dwelling purposes.

1. When more than two (2) dwelling units are connected side-by-side in one (1) structure, they should have staggered building front faqade setbacks between the dwelling units. The staggering of the setbacks shall not exceed 30 inches.

m. Table of Regulations.

Minimum site area1 5 acres

Maximum density of net buildable site area (per acre)

7.5 units

Minimum lot area - single family detached 3000 square feet

Site area can include contiguous areas split by existing streets; otherwise the site must be a whole or single parcel.

21 ARTICLE 4

dwelling

Minimum lot area - two-family dwelling per unit

Minimum lot area - townhouse - single family attached style dwelling per unit

2000 square feet

2000 square feet

Minimum lot area - multi-family dwelling - 2000 square feet per apartment style dwelling dwelling unit

Minimum open space required (a) 10% of site

Maximum impervious ratio per site 60%

Maximum impervious ratio per lot 70%

Minimum lot width per dwelling at building setback line

Maximum building height Any principal residential dwelling Any residential accessory structure

Minimum Yards (setback) Front yard (b) Side - single family detached dwelling (c) Side - two-family; multi-family (all types)

Rear

25 feet

35 feet 20 feet

4 feet 10 feet

10 (at end of row units only)

20 feet

(a) The amount of required open space may be reduced as provided in subparagraph d. above.

(b) Front facades of residential structures in a traditional neighborhood development shall be close to the sidewalks. The front facade of any principal residence shall be no further than ten (10) feet from the area designated for the sidewalk.

(c) One (1) side yard setback for a single family detached dwelling may be reduced to five (5) feet provided that a reciprocal access easement is recorded for both lots.

6. Residential Conversion - The alteration of an existing principal residential structure to create within it one additional self-contained dwelling unit as an accessory use to the principal residence; or the change in use of an accessory building by creating within it a new self- contained dwelling unit, in accordance with the following regulations.

ARTICLE 4

a. The minimum lot area for each of the dwelling units: (1) shall not be less than 3,000 square feet in the BR-4 district; and (2) shall not less than the minimum lot area required for a single family detached dwelling in all other districts.

b. Conversions are permitted only within buildings, which were in existence prior to January 1,1983.

c. Each dwelling unit shall have a safe and convenient means of ingress and egress. No conversion which requires the addition of an outside stairway or a fire escape on the front or side of the building shall be permitted.

d. No new building additions may be constructed and no increase in floor area is permitted in order to accommodate a residential conversion.

e. Two off-street parking spaces must be provided for each new dwelling unit created.

f. No more than one additional dwelling unit may be created per lot.

g- No residential conversions are permitted in the BR-1 zoning district.

7. 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 being again separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that unit may be used without a permanent foundation.

a. A mobile home located outside of a mobile home park shall meet the area and dimensional requirements for single family detached dwellings for the district in which the mobile home is located.

b. A mobile home shall meet the requirements of 8.c., d., and e. under Mobile Home Park.

8. Mobile Home Park - A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Mobile home lots need not be separately owned or subdivided.

a. Area and Dimensional Requirements

ARTICLE 4

(1) Minimum lot area for a mobile home park - 3 acres

(2) Maximum density - 6 units per acre of base site area

(3) Required open space - 10% of base site area

(4) Maximum Impervious surface ratio - 60%

Mobile Home Parks shall have a planted buffer 10 feet in width along all side and rear property lines. The buffer shall meet the planting requirements of Section 504 of this Ordinance.

No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad.

Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six (6) inches, and shall have installed in it a minimum of six (6) tie down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line.

All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be compatible in design with the mobile home to which it is attached and shall provide ventilation to. inhibit decay and deterioration of the structure. Skirting shall be constructed of materials designed and commonly used for exterior building surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself.

There shall be a minimum distance of thirty (30) feet between an individual mobile home, including accessory structures associated therewith, and other mobile homes, adjoining pavement of a mobile home park street, or common parking area or other common areas or structures.

No mobile home, parking, loading or service area or service use shall be located less than fifty (50) feet from a street ultimate right-of-way or other property line.

All utilities shall be placed underground within the mobile home park.

Park Areas for Non-residential Service Uses - No part of any mobile home park shall be used for non-residential purposes except such uses that are required for direct servicing, management or maintenance of the park and its residents. A maximum of ten percent (10%) of the total lot area may be used for service activities. All services structures or buildings shall comply with the buffering and setback requirements for the park as a whole.

ARTICLE 4

B. Nonresidential Uses

1. Adult Commercial - Adult commercial stores consist of stores and shops with more than fifteen (15) square feet of floor area devoted to the display and selling of pornographic materials which are pictures, drawings, photographs or other depictions or matter and paraphernalia, which, if sold or displayed knowingly to a child under eighteen (18) years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the time of such sale or display. The following provisions shall apply:

a. The building or structure of such use shall be located no less than five hundred (500) feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional, or educational use.

b. No such use shall be located within two thousand (2,000) feet of another adult commercial use.

c. No materials sold within shall be visible from any window, door, or exterior of the building.

d. No person under the age of eighteen (18) years of age shall be permitted within an adult commercial store or sold any pornographic material.

2. Automobile Sales - Establishments for the sale or lease of new or used cars, boats, motorcycles, trucks, trailers, farm machinery, or travel campers.

a. All preparation, lubrication, repair and storage of parts shall be accessory to the principal use and shall be conducted within a building.

b. Storage or display of automobiles, trucks, boats, and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 20 feet and shall be separated from the right-of-way by a landscaped strip, planted in accordance with Section 504 and which shall be interrupted only for vehicular exits and entrances.

c. There shall be a buffer 12 feet in width and planted in accordance with Section 504 of this Ordinance along all side and rear property lines.

3. Cemetery - A burial place or graveyard.

a. Minimum lot area - 2 acres

b. Minimum yards (Front, side and rear yards) for all accessory buildings, mausoleums, offices, maintenance buildings, or other structures other than fences and burial markers- 20 feet

ARTICLE 4

c. Maximum height of any structure - 15 feet

4. Commercial or Trade School - Trade or commercial school providing instruction in a trade, in the arts, or other activities; this does not include a public or private school as defined by this Ordinance or a day care center.

5. Commercial Recreation and Entertainment - An indoor or outdoor recreational facility operated as a commercial venture with galnes, courts, fields, including theaters, video gaming or pinball devices or arcades, billiard or pool halls, batting cages, miniature golf. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 12 feet, planted in accordance with Section 504 of this Ordinance.

6 . Community Center - A community center is an educational, social or recreational center operated by an educational, philanthropic, governmental, political or religious institution, which is not conducted as a commercial enterprise and which is not a use which is customarily carried on as a business and which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 12 feet, planted in accordance with Section 504 of this Ordinance.

7. Contracting - Offices and supply shops for contractors providing the following services: building, electric, heating, plumbing, air conditioning, masonry, painting, roofing, carpentry, landscaping, and printing.

a. All outside storage must comply with the provisions of Section 40'1 .C(6) hereof.

b. Hours of operation for all outdoor activities are limited to 7:30 a.m. to 6:00 p.m. h4onday through Saturday. These outdoor activities are prohibited on Sunday.

8. Convenience Store - A retail store offering primarily groceries, prepared food items, and other small consunlcr itenls intended for quick car~y-out trade. A convenience store should be designed to be compatible with the scale, design, and appearance of the borough's existing retail/service businesses. No convcr7ience store shall excecd 5,000 square feet of first f loo~ area. The following conditions must be met:

a. Minimum lot area: 25,000 square feet

h. No drive-up windows or drive-through facilities or- windows arc permitted.

ARTICLE 4

c. Trash receptacles for customers shall be provided outside. Trash storage collection for the premises shall be located inside the building.

d. No sale of gasoline or motor fuels is permitted as a principal or accessory use.

e. All buildings shall be a minimum of 100 feet from any residential use or residential district.

f. Parking areas shall be arranged so that no more than 50 percent of the required or the provided parking shall be in front of the building, and the remaining fifty percent shall be located to the side and rear of the building.

9. Day Care Service - Day care service for more than six (6) children, providing out-of-home care for part of a 24hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services.

a. The facility shall be designed to meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division.

b. Buffer yards of a minimum width of ten (10) feet planted in accordance with Section 504 of this ordinance shall be provided if the use is located adjacent to or contiguous to a residential use or residential district.

10. Emergency Services - Fire station, ambulance, or rescue squad station for emergency services serving Newtown Borough.

11. Financial Establishment - A bank, savings and loan association, or credit union for consumer use. If a drivethrough facility is provided, a stacking area to accommodate at least eight (8) vehicles shall be provided for each drive- through window. The stackindwaiting area must be separate from other circulation lanes. Requirements for drive-through facilities set forth in this ordinance must be met.

12- ForestryiTimber Harvesting - The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest or woodlands for development, building. subdivision, or any other land use change is not forestn.

a. Applicability. A zoning pem~it shall be required for all forestq~itimber harvesting activities, however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home

maintenance and upkeep, and the following activities are specifically exempted:

1. Ren~oval of diseased or dead trees.

2. Removal of trees, which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

b. Forestry plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this Ordinance. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the borough upon request.

c. Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

. d. Contents of the Forestrybogging Plan.

1. Design, construction, maintenance of the access system, including haul roads, skid roads, slud trails and landings;

Design, construction and maintenance of stream and wetland crossings; and

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.

4. Copies of all required permits shall be submitted.

5. Proof of current general liability and/or worker's compensation insurance

6 . Proof of PennDOT Highway Occupancy Permit or borough Driveway Permit for temporary access, as applicable.

7. Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.

8. Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will

ARTICLE 4

take place and the boundaries of the proposed harvest area within that property;

9. Significant topographic features related to potential environmental problems;

10. Location of all earth disturbance activities such as roads, landings and water control measures and structures;

11. Location of all crossings of streams or waters of the Commonwealth.

e. Compliance with all Laws. The forestflogging plan shall address and comply with the requirements of all applicable federal, state and borough laws and regulations including, but not limited to, the following:

1. Erosion and sedlmentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. 55 691.1, et seq.);

2. Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. §§ 693.1, et seq.); and

3. Stormwater management plans and regulations issued pursuant to the' Stormwater Management Act (32 P.S. 55 680.1, et seq.)

4. Compliance with Federal Law/Regulations. The forestflogging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the Best Management Practices (BMPs).

5. Compliance with Borough Ordinances. The forestry/logging plan shall comply with the requirements Section 506.D of this ordinance, which limits removal of trees to 50 percent of the wooded area.

f. Forest practices. The following requirements shall apply to all forestryltimber harvesting operations.

1. Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the borough or the Pennsylvania Department of Transportation, whichever 1s responsible for maintenance of the th~roughfare.

ARTICLE 4

No forestry refuse shall be left on or within twenty-five (25) feet of any public thoroughfare.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Any soil, stones and/or debris carried onto public roadways must be removed immediately.

No forestryfiogging use shall be permitted within areas with slopes of fifteen percent or greater.

When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable groundcover.

7. A "No Logging" buffer zone with a width of twenty-five feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "No Logging" buffer zone except as necessary for access to site from the street.

8. A "No Logging" riparian buffer zone with a width of fifty feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a "No Logging" riparian buffer zone.

13. Fuel Oil Storage and Distribution - Facility for the storage, distribution, sale, of oil; this use does not include motor vehicle gasoline station as defined by this Ordinance.

a. Minimum lot area - 3 acres

b. Storage of materials shall be screened along all property lines by a buffer 12 feet wide in accordance with Section 504 of this Ordinance.

14. Funeral Home - A mortuary and facility for funerals.

a. The facility must be operated by a licensed funeral director.

ARTICLE 4

b. The facility must meet all state licensing requirements.

15. Inn - A building or group of buildings containing rooms for rent for the accommodation of transient guests and which may include a restaurant, provided that the inn is located in a zoning district that permits restaurants. A tea room or coffee shop is permitted provided there are no more than 12 seats. This use does not include other residential uses specifically provided for in this Ordinance nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.

16. Kennel - The training keeping or boarding of domesticated animals during daytime and/or nighttime for a fee shall constitute a kennel. In addition to the principal use as a boarding facility, the kennel may include as accessory uses training, grooming, limited breeding, or dog day care. The following requirements shall be met.

a. Minimum lot area: 2 acres

b. Maximum number of dogs: 3 animals per acre of lot area

c. No animal shelter or run shall be located closer than two hundred (200) feet to any lot line.

d. All animals shall be maintained in enclosed buildings and runs enclosed by fences designed and constructed so as to prohibit the animals from escaping from the fenced area.

All areas used for training of animals shall be enclosed by a fence not less than 6 feet in height. The fence shall be no closer than 12 feet from any property line.

f . All training shall be under adult supervision and animals shall be kept under physical control by the trainer.

g The kennel shall be screened from adjoining residential uses by evergreen plantings, which serve to screen noise and create a visual and physical barrier.

h. All dogs must be kept indoors between 10:OO p.m. and 7:00 a.m.

i. No animals being trained, kept or boarded shall be housed in any residential dwelling unit.

1- All kennels shall be Licensed under the Dog Law Act of 1982, P.L. 784 - 255, as amended.

ARTICLE 4

17. Library or Museum - A cultural or educational facility open to the public or accessory to a permitted educational use.

18. Light Manufacturing - Facilities for the production, processing, cleaning, testing of materials, goods, and products. No light manufacturing facility shall create any noise, vibration, or emissions outside the building in which the use is permitted. All applications for zoning permits and land developments shall include information about the nature of the proposed manufacturing to demonstrate that the standards in Sections 505 and 507 of this ordinance will be met.

19. Limited Village Retail /Service Use - Use limited to art galleries, antique stores, handicraft stores, flower shops, boutiques, tea rooms, and coffee shops, subject to the following:

a. Maximum store size 5,000 sq. ft.

b. Use must be located in an existing building.

c. Use shall maintain the character of the existing building and streetscape by maintaining setbacks, building materials, fenestration, and entrance features.

d. Limited food service in tea rooms or coffee shops shall be permitted where the number of seats is limited to 12.

e. Provisions shall be made for odor control on any cooking facilities and for screening of any outdoor trash collection areas.

20. Lumber Yard and Planing Mill - Facilities for the processing and sale of wood and custom wood products. This use does not include a home improvement center; area devoted to retail sales of items other than lumber and wood products shall not exceed 5000 square feet.

21. Motor Vehicle Fuel Station - Motor vehicle fuel station is a facility whose function is the sale of gasoline and other fuels for motor vehicles. Minor automobile accessories and food and beverage items may also be sold, subject to the limitations of this Ordinance. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include a Motor Vehicle Service Centerl'epair Shop where automobile parts and accessories are sold and installed within the facility but where there is no sale of fuels. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a Motor Vehicle Gasoline Station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.

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a. Minimum Lot area - 40,000 square feet

b. Minimum lot width at front building setback line - 200 feet

c. All repair, storage of parts, and other activities except for fuel sales shall be performed within an enclosed building. All refuse shall be stored within an enclosed building or screened by a structure with landscaping in the manner provided in Section 504.C. of this Ordinance.

d. Sale or rental of automobiles is not permitted. No trailer rentals are permitted.

e. Vehicles awaiting repairs shall not be stored outdoors for more than 5 days.

No junk vehicles or vehicles without a valid registration shall be stored in the open at any time unless awaiting repairs.

Minimum distance between any building and any residential use shall be a 100 feet. Minimum distance between the gasoline pumps and the right-of-way line shall be at least 30 feet.

22. Motor Vehicle Service CenterIRepair Shop - An establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraylng and body and fender work. The following requirements shall be met:

a. All repair, installation of parts, and paint work shall be performed within an enclosed building.

b. All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties in accordance with the Buffer requirements (Section 504.C.) of this ordinance;

c. No vehicle shall be stored in the open awaiting repairs for a period exceeding five (5) consecutive days. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight (8) feet in height. Any vehicles on the property more than 5 days shall be within the screened area.

d. Dimensional Requirements: Minimum lot area 40,000 square feet Minimum lot width along all streets 200 feet Minimum distance between all buildings and

structures and any residential district or use 100 feet

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e. No sale of fuel to retail customers is permitted. There shall be no fuel pumps.

f. Junk vehicles or unlicensed vehicles may not be stored in the open at any time.

23. Municipal Building - A Borough administration building, police station, road maintenance facility, parking lot, or a municipal authority building.

24. Nursing Home - A care facility licensed and approved by the Commonwealth of Pennsylvania to provide nursing care, intermediate care, or full-time convalescent or chronic care to individuals who require such care. Nursing homes must be licensed by the Pennsylvania Department of Health, and must meet all state requirements.

25. Office, Business or Professional - Offices for business or professional use, including offices providing legal, engineering, design, insurance, brokerage, or other similar services, and which do not include retail activities and which are distinct from home offices. No accessory outside storage is permitted and all activities must take place within an enclosed building.

26. Office, Medical - Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto.

27. Personal Care Boarding Home - A care facility licensed and approved by the Pennsylvania Department of Welfare to provide personal care and assisted living facilities (as opposed to nursing, intermediate, or chronic care).

28. Place of Worship - Any structure(s) used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity except for place of worship-sponsored functions.

29. Private Club - A private club is a nonprofit association which is supported by dues or fees imposed on all members and paid at least in part for membership status rather than for periodic use of the club's facilities; includes but is not limited to: fraternal, school, athletic, or other associations, with rules, by-laws, charter or local or national affiliation; is based on membership of persons with common interests, pursuits or purposes; which is not conducted as a commercial enterprise and which is not a use which is customarily carried on as a business. The use shall be for members and their authorized guests only.

Public Recreation Facility - A park, playground, field, or other indoor or outdoor recreational facility owned, leased or licensed by Newtown Borough.

Public Utility - A transformer station, pumping station, wastewater treatment facility, or other operation station or facility necessary to provide electrical, water supply, or wastewater conveyance or treatment services.

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A planted buffer yard shall be provided along all lot lines.

This use does not include broadcast towers, relay towers, cellular phone towers, telecommunications facilities, communications antenna, communications equipment building, or communications tower, or any other structure, which exceeds 35 feet in height.

32. Repair Shop - A business for the repair of items including but not limited to home appliances, lawn mowers, bicycles, furniture, or other household or personal items, but specifically excluding automobile, vehicle, or motorcycle repairs. No facility shall be permitted which constitutes a danger to the community because of combustible, chemical, radioactive, or other hazardous materials.

33. Research - Scientific, biomedical, or industrial research, testing or experimental laboratory or similar establishment for research or product development. No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical, radioactive, or other hazardous materials.

34. Restaurant - Any place for the sale and consumption of food and beverages without drive-through, drive-up, or walk-up window service, which are prohibited. Outdoor eating and food service is permitted as a use accessory to a restaurant use only when permitted as a special exception and only where the requirements set forth in this article for Outdoor Eating as Accessory to a Restaurant are met.

a. All trash disposal areas shall be enclosed so as not to be visible from nearby residences and shall be closed to control odors.

Exhaust systems shall be equipped with filters and directed away from residences or residential districts so that fumes and odors cannot be detected at nearby residences.

35. Restaurant with Drive-Through Service - Eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises with drive-through window service:

a. Minimum lot size - 30,000 square feet

b. Where a drive-through window is proposed, all requirements for drive- through facilities of this ordinance shall be met.

Trash receptacles shall be provided outside the restaurant for patron use. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

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d. A planted buffer 10 feet in width shall be provided along all property lines.

e. The use must have direct access to an arterial street.

f. There shall be only one point of ingress and only one point of egress per collector or arterial street.

g- No children's play area or playgrounds are permitted. No outdoor entertainment or music is permitted.

h. No lights shall be placed on the roof of the structure.

36. School - A private school, religious or non-religious, or a public school, which is licensed under the proper governmental authority to provide education for kindergarten through grade twelve.

a. The minimum lot area for elementary schools, junior high schools, middle schools, or high schools shall meet the guidelines of the Pennsylvania State Board of Education.

b. Minimum yards: 100 feet for front, side and rear yards.

37. Terminal - A railway or bus station. Parking associated with a terminal shall have a buffer planting strip 10 feet in width wherever it abuts a residential use or residential district, planted in accordance with Section 504 of this Ordinance.

38. Veterinary Office - A place where animals are given medical or surgical treatment. Use as a kennel shall be prohibited except for animals or pets undergoing medical or surgical treatment; use of the facility for boarding is prohibited.

39. Village Retail or Service Business - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her apparel. Such use does not include an eating place or restaurant, motor vehicle gasoline station, or other use specifically designated in this Ordinance as a separate use. Village retail or service should be designed to be compatible with the scale, design, and appearance of the borough's existing retail/service businesses. No individual business establishment shall exceed 5,000 square feet of first floor area.

a. As an accessory activity, a retail or service business may sell food or beverages to be consumed on the premises without table service, provided that such sales are subordinate to and incidental to the principal use or business, and that no more than four (4) tables with

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four (4) chairs at each table shall be devoted to the consumption of food or beverages on the premises. This accessory use is not intended to allow for a Restaurant or Restaurant with Drive-through or walk-up service, in which the principal use is the preparation, service, and consumption of food. All requirements of the Bucks County Health Department for food and beverage service shall be met.

b. No accessory food or beverage service shall occupy any part of the street right-of-way. No accessory food or beverage service shall occupy any part of the sidewalk area.

c. No retail or service business shall contain a drive-through or drive-up window.

40. Warehousing and Distribution - Terminal facilities operated for a specific commercial establishment or group of establishments for the storage of goods and materials and reshipping of goods and materials.

a. Storage of materials shall be screened along all property lines by a buffer 12 feet wide in accordance with Section 504 of this Ordinance.

b. Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings for storage. These shall be loaded or unloaded within 48 hours and shall not remain on the lot beyond this period of time.

41. Telecommunications Antenna - A device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas. In addition to all other requirements for a conditional use, the applicant shall demonstrate compliance with all of the following criteria:

a. Building mounted Telecommunications Antennas shall not be located on any residential dwelling.

b. Building mounted Telecommunications Antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than twenty (20) feet.

c. Omnidirectional or whip Telecommunications Antennas shall not exceed twenty (20) feet in height and seven (7) inches in diameter.

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Directional or panel Telecommunications Antennas shall not exceed five (5) feet in height and three (3) feet in width.

Any applicant proposing Telecommunications Antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing Telecommunications Antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the appropriate Borough official(s), with the Borough building code and other applicable law.

Any applicant proposing Telecommunications Antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas can be accomplished.

The applicant shall establish, by competent evidence, including engineering data, under seal where appropriate, that the proposed Antennas comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic fields and/or radiation.

The owner or operator of the Antenna shall either exhibit a license issued by the Federal Communications Commission to operate such or demonstrate why such license is not required. The applicant shall also provide the Borough with a true and correct copy of a construction permit issued by the Federal Communications Commission prior to the issuance of a Borough building permit.

An Antenna shall not cause radio frequency interference with any other communications facilities located in Newtown Borough.

The applicant shall provide engineering data as to the type, quantity, operating frequencies, gain and radiated power for the Antennas, location on the mounting building or structure, and quantity and types of transmitters and receivers proposed to be installed on the site.

Any applicant proposing Antennas to be mounted on a building or other structure shall employ all means, and present substantial evidence of same, to blend and integrate the proposed Communications Antenna into the fabric and background of the building or other structure and surrounding buildings, structures or

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properties to give the appearance that the Communications Antenna is a natural part or extension of the building or structure.

m. An applicant for a telecommunications tower, facility or antenna shall submit a study indicating that the facility will provide telecommunications service in an area that is not served by any telecommunications system or carrier at the time of the application. No telecommunications or communications facility will be permitted to be erected if service or coverage is available through another provider.

n. Historic Properties, Lots, Buildings and/or Structures. - No Communications tower, antenna, facility, or building is permitted in the Newtown Borough Historic District.

42. Telecommunications Equipment Building - The unmanned building or cabinet containing communications equipment required for the operation of telecommunications Antennas and covering an area on the ground not greater than 250 feet. A Telecommunications Equipment Building shall always be accessory to a Telecommunications Antenna or a Telecommunications Tower, and shall be restricted to maintenance personnel only. In addition to all other requirements for a conditional use, the applicant shall demonstrate compliance with all of the following criteria:

a. A Telecommunications Equipment Building shall be subject to the height, setback and yard requirements of the applicable zoning district for a nonresidential accessory structure.

b. The location of the Equipment Building shall comply with all natural resource protection standards of this ordinance.

c. The applicant shall provide reasonable access to the Equipment Building. Where feasible, access shall be taken over existing driveways and easements. The applicant shall maintain the access and shall insure that no mud or dirt is conveyed onto public roads.

d. All Equipment Buildings shall be surrounded by a security fence of not less than eight (8) feet in height to limit accessibility by the general public.

e. All Equipment Buildings shall have buffer planting located around the perimeter of the security fence consisting of an evergreen screen of either a hedge (minimum four (4) feet height), planted three (3) feet on center maximum, or a row of evergreen trees (minimum six (6) feet height planted ten (10) feet on maximum. Existing vegetation shall be preserved to the fullest extent possible.

f. One (1) off-street parking space shall be provided for each Equipment Building.

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S- An applicant for a communications tower, facility or antenna shall submit a study indicating that the facility will provide telecon~munications service in an area that is not served by any telecommunications system or carrier at the time of the application. No telecommunications or communications facility will be permitted to be erected if service or coverage is available through another provider.

h. Historic Properties, Lots, Buildings and/or Structures. - No Communications tower, antenna, facility, or building is permitted in the Newtown Borough Historic District.

Telecommunications Tower - A structure other than a building used or intended to be used to support Telecommunications Antennas. Examples of such structures include monopoles, lattice construction steel structures, and self-supporting or guyed towers. In addition to all other requirements for a conditional use, the applicant shall demonstrate compliance with all of the following criteria:

a. Applicants erecting a new Telecommunications Tower shall agree to permit co-locations on the towers at usual and customary rates for co- locations. Owners of existing Telecommunications Towers shall permit co-locations of additional Telecommunications Antennas if structurally and technically possible.

b. The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a Communications Tower and, if applicable, an Antenna. The applicant shall further demonstrate that it has registered its Telecommunications Tower with the Federal Communications Commission.

c. The applicant shall demonstrate that the proposed Telecommunications Tower and Antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic fields and/or radiation.

d. The applicant shall demonstrate that the proposed Tower complies with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

e. Any applicant proposing construction of a new Telecommunications Tower shall demonstrate that a good faith effort has been made to obtain permission to mount the Antennas on an existing building, structure or Communications Tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half (112) mile radius of the proposed Communications Tower site be contacted

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and that one (1) or more of the following reasons for not selecting such structure apply:

1. The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

2. The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

3. Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

4. The addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation and/or fields.

5. A commercially reasonable agreement could not be reached with the owner of such structures. Applicant shall provide written reports or evidence that a good faith effort was made and that co-location was not possible.

The applicant shall provide reasonable access to the Tower. Where feasible, access shall be taken over existing driveways and easements. The applicant shall maintain the access and shall ensure that no mud or dirt is conveyed onto public roads.

A Tower may be located on a lot occupied by other principal structures or buildings and may occupy a leased parcel within a lot meeting minimum lot size requirements for the zoning district.

The applicant shall demonstrate that the proposed height of the Tower is the minimum height necessary to perform its function. The Borough Council shall have the right to impose a condition on any approval that the Tower be constructed in such a way that its height can be extended to accommodate other users.

The maximum height of any Tower including antennas attached thereto shall not exceed two hundred (200) feet.

The foundations and base of any Tower shall be set back from any property line at least one hundred (100) feet.

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The base of a Tower shall be landscaped so as to screen the foundation and base and Communications Equipment Building, if any, from abutting properties.

The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed Tower will be designed and constructed in accordance with the current structural standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/T.elecommunications Industry Association and applicable requirements of the Borough's building code.

The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the Tower; and a Certificate of Insurance evidencing general liability coverage in the minimum amount of $1,000,000.00 per occurrence and property damage coverage in the minimum amount of $1,000,000.00 per occurrence covering the Telecommunications Tower, Telecommunications Antennas and Telecommunications Equipment Building, if any, naming the Borough of Newtown as an additional insured thereon.

All guy wires associated with guyed Telecommunications Towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

The site of a Tower shall be secured by a security fence with a maximum height of eight (8) feet to limit accessibility by the general public.

No signs or lights shall be mounted on a Tower, except as may be required by the Federal Communications Commission, Federal Aviation Administrations or other governmental agency which has jurisdiction.

Telecommunications Towers shall be protected and maintained in accordance with the requirements of Newtown Borough's building code, as amended.

If a Tower remains unused (i-e. no antenna mounted on the tower receives or transmits signals) for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the Tower within six (6) months of the expirations of such twelve (I 2) month period.

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s. At the time of filing a building permit application for a Tower, the applicant shall post a bond to cover the cost of dismantling the Tower if such dismantling is, at any time, necessary.

t. Following a final determination that a Tower is in violation of the applicable Newtown Borough building, fire prevention, property maintenance or other applicable code or ordinance, the Borough, following ninety (90) days prior written notice to the applicant, may use and/or call the bond posted pursuant to subsection (s) above, to dismantle the Tower.

u. One (1) off-street parking space shall be provided within or outside the fenced area.

v. Any applicant proposing a new Tower shall employ all means, and present substantial evidence of same, to disguise the proposed Tower to give the appearance of a tree, windmill or other structure which in the opinion of Newtown Borough Council, is most appropriate for the proposed location.

w. An applicant for a communications tower, facility or antenna shall submit a study indicating that the facility will provide telecommunications service in an area that is not served by any telecommunications system or carrier at the time of the application. No telecommunications or communications facility will be permitted to be erected if service or coverage is available through another provider.

x. Historic Properties, Lots, Buildings and/or Structures. - No telecommunications tower, antenna, facility, or building is permitted in the Newtown Borough Historic District.

C. Accessory Uses

Home Occupations Type 1 - 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. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home office resides and may be permitted where it meets the following regulations.

a. The home office shall be accessory to a residence and carried on wholly indoors. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

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b. There shall be no use of show windows, display, or advertising visible outside the premises; there shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

C. There shall be no exterior storage of materials or parking of commercial vehicles.

d. The appearance of the residential structure shall not be altered. The home occupation must be conducted in a manner which does not cause the premises to differ from the residential character by the use of colors, materials, construction, lighting. parking, show windows or advertising visible outside the premises to attract customers or clients.

e. The home office shall be operated only by members of the immediate family residing in the dwelling in which the home office is located.

f. The floor area devoted to a home office shall not be more than twenty- five percent (25%) of the floor area of the habitable floor area of the principal residential structure.

g- The use shall not include the following: animal hospital; commercial stable and kennel; funeral parlor and undertalung establishment; restaurant; rooming, boarding, and lodging house; clinic or hospital, beauty shop or barber shop, Nursing Home/Personal Care Facility or any retail activity.

h. No equipment or process shall be used in such employment or occupation which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radro or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot. The business may not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use.

1. No home office shall be located in an area needed to meet the off-street parking requirements of the principal residence.

J- No signs are permitted, other than what would be allowed for a residential use.

k. The business may not involve any illegal activity.

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Type 2 - Accessory Office - Accessory office of a medical professional, counselor, lawyer, engineer, architect, accountant, salesman, or other profession of the same character and which may involve visits by clients is permitted provided that:

a. The regulations listed for Type 1 - Home Business shall be met, except as modified below.

b. In addition to the members of the immediate family residing in the dwelling, no more than one (1) employee may be employed in an accessory office at any one time.

Hours of operation shall be limited to 8:00 am to 690 pm, Monday through Saturday.

An accessory office shall be permitted only by Special Exception.

Parking areas shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a 5- foot wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with section 504 of this ordinance.

Type 3 - Traditional Home Business - Type 3 home occupation is defined as a traditional home business of a resident who provides (1) instruction to individual students in music or art or other academic subjects or (2) dress making or millinery services, artists, or craftsmen, or (3) clergymen, and which does not use any employees on the premises and which does not involve any display of merchandise on the property. This use does not include pet day care or pet sitting. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and may be permitted in conformance with the following regulations.

a. The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto and such area, together with any area devoted to any other home occupation permitted under this section, shall be equivalent to not more than twenty-five percent (25%) of the total floor area contained in the operator's dwelling. excluding the floor area covered by an attached garage or such other similar building.

Persons engaged in a permitted home occupation shall be limited to the members of the household of the operator residing on the premises.

A home occupation shall not in any way alter the residential character of the neighborhood.

There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no external indications that the property is used for other than residential use. There shall be no commodities sold or services

45 ARTICLE 4

rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

e. Total number of clients permitted at a single time - 3

Type 4 - Family Day Care - A "family day care use" is a facility operated for remuneration in which child day care is provided at any one time to up to six children, including relatives of the care-giver and non-relatives, and where the child care areas are part of a family residence wherein the caregiver resides, subject to conformance with the following additional regulations:

a. A "family day care use" shall only be permitted as an accessory use in a single family detached dwelling.

b. The owner and operator of a "family day care use" must obtain a registration certificate from or be licensed by the Pennsylvania Department of Public Welfare. Failure to maintain the registration or license as required shall result in a termination of the special exception approving the use, and it shall be the affirmative obligation of the owner and operator of a family day care use to provide, annually, proof to the borough that the registration certificate or license is valid for each year.

c. A "family day care use" must be located in a residence that has frontage on a public street and the operation of the "family day care use" must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the borough may require additional off-street parking and driveway area as a condition of the grant of any approvals.

d. Persons engaged in a family day care use shall be limited to the members of the household of the operator residing on the premises plus one additional employee.

e. The home occupation shall not in any way alter the character of the neighborhood.

f. There shall be no exterior display, no exterior sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building on the premises. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

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g. Off-street parking shall be provided for any employee. If a parking area is required, it shall be located only to the side or rear of the principal building and may not be located in any portion of the front yard, and shall be separated from adjacent properties by a 5- foot wide buffer yard planted with a combination of trees and shrubs so as to screen the view of the parking area from adjacent properties, planted in accordance with section 504 of this ordinance.

h. Outdoor play areas shall be defined and fenced.

2. Residential Accessory Structure - Those structures listed below which are incidental to a residential use.

a. Fences and Walls:

1. Maximum Height for any fence or wall or combination of a fence and wall - four (4) feet in any part of a front yard; 6 feet in side or rear yards.

2. No fences or walls may be placed in the right-of-way or in drainage easements or swales but may occupy required yard areas.

3. If there is an unfinished side to a fence, the finished side must face out toward adjoining properties or the street and the unfinished side must face inward toward the lot being fenced.

4. Minimum setback for fences is zero (0) feet; minimum setback for walls is zero (0) feet. (added by Ord. 655, Oct. 12, 2004)

b. Garages, storage sheds, greenhouses, barns, backyard play equipment, carports or other similar structures.

1. One detached garage or carport for the parking of motor vehicles is permitted per residential lot.

2. Required setbacks from lot lines for buildings or structures with a floor area 150 square feet or less:

Front - distance equal to front yard setback for principal building Side - 3 feet Rear - 3 feet

3. Required setbacks from lot lines for buildings or structures with a floor area of 151 - 400 square feet:

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Front - distance equal to front yard setback for principal building Side - 5 feet Rear - 10 feet

Required setbacks from lot lines for buildings or structures with a floor area of more than 400 square feet: same as the setback requirements for principal buildings in the district in which the building or structure is located, unless the access to the structure is provided via an alley pursuant to a Traditional Neighborhood Development pursuant to Section 401.A of this Ordinance, in which case the required setbacks shall be established pursuant to the traditional neighborhood development plan.

5. Maximum height of any accessory structure: 20 feet

c. Unenclosed porches. patios, decks, driveways, pads or other impervious surfaces - Unenclosed porches, patios, or decks attached to or immediately adjoining a dwelling unit shall not encroach more than ten (10) feet into a required rear yard and shall not be higher than 3 feet above the mean ground level at the rear of the dwelling. Enclosed porches shall meet the yard and setback requirements for a principal building. Driveways, pads or other impervious surfaces shall be setback from any side or rear property line by at least three (3) feet in the B-1 district, zero (0) feet in all other districts, and may encroach into the front yard only to access the street. (amended by Ord. 655, Oct. 12, 2004)

d. Swimming Pool - A swimming pool shall be permitted as an accessory to a residential use, provided the following requirements are met:

1. No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding eighteen (18) inches at the deepest or lowest point or exceeding a surface area of 150 square feet unless a permit is first obtained from the Borough and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools that do not exceed eighteen (18) inches in depth or a surface area of 150 square feet are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment, and appurtenances thereto. This ordinance shall also apply to public swimming pools used and maintained by

ARTICLE 4

an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests.

2. The building area restrictions as set forth for the pertinent zoning districts in this ordinance shall apply and in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall not be located closer to the street than the front building setback line and not closer than ten (10) feet to any other property line.

Building permits are required prior to the construction, alteration, remodeling, or additions to a swimming pool or other artificial water areas not specifically exempt from this ordinance. Application for a permit for the construction of a swimming pool shall be made to the Borough. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height, and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the zoning officer for compliance with this ordinance and the Borough Building Code.

4. Safety. Any pool or water area subject thereto shall be designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

5. Sanitary Quality of Water in Public Pools. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this ordinance.

6. Accessory Buildings. Locker rooms, bath houses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the borough ordinances, rules and regulations.

7. Construction and Maintenance. The construction and design of all pools shall be such that the pool can be maintained and

49 ARTICLE 4

operated as to be clean and sanitary at all times. The owners of every pool shall be responsible to maintain the pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.

Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into the interior of adjacent residential properties.

9. All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriters' laboratory regulations and must be inspected and certified by an electrical underwriters inspection agency prior to the issuance of a certificate of occupancy. In no event may said pool be used prior to such approval.

10. If pools are connected to any water, sewer, or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of twenty-five (25) feet shall be required between a swimming pool and any sewage disposal system.

11. Approved filtration systems and circulators must be provided for all pools except such exempt or non-exempt wading pools as are emptied on a daily basis as hereinafter provided.

12. In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. It shall be a violation of this ordinance to cause or allow drainage onto adjoining land, public or private.

13. No pool shall be located under any electric power lines (including service lines), and the pool must be located at least ten (10) feet (measured horizontally) from such power lines.

14. No water shall be placed in the pool until a fence, as required by this ordinance, has been completed.

15. All pools shall be constructed and secured with fencing in accordance with the building code, as amended, as most recentiy enacted by the Borough.

ARTICLE 4

16. Fencing - Permanent swimming pools above or below grade must be completely enclosed with a minimum four (4) foot high chain link, stockade, picket (not exceeding three inch spacing), solid wooden fence, building wall, or such other material as may be acceptable, at the discretion of the building inspector, to carry out the intent of this ordinance. All gates or doors opening through such enclosure shall be kept securely closed and locked at all times when the pool is not in actual use and locks or latches shall be placed so as to be inaccessible to children. All other BOCA Code requirements for the securing and fencing of pools shall be followed.

17. The owner of any swimming pools shall allow the Borough Building Inspector, Zoning Officer, or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this ordinance at all reasonable times.

3. Bed and Breakfast - A dwelling in any zoning district that has been designated as an Historic Resource by the Borough may be used for accommodating transient tourists for rent subject to the following conditions and restrictions. This use does not include an Inn or other residential uses specifically provided for in this Ordinance, nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program.

a. No more than four (4) guest rooms may be provided.

b. The minimum lot size shall not be less than that twice the minimum lot area required for single family detached dwellings in the zoning district in which the proposed bed and breakfast is located.

c. The off-street parking spaces shall be located either to the rear or side of the main dwelling and screened from the adjacent properties in accordance with the Buffer requirements in Section 504 by a buffer planting strip 5 feet in width. No parking areas are permitted closer to the street than the front yard setback line or the front of the building.

d. At least one (1) full bathroom shall be provided for each guest room, in addition to the full bathroom used by the owner-resident.

e. External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons.

f. The use shall be operated by members of the immediate family who must reside on the premises.

ARTICLE 4

8- There shall be no separate kitchen or cooking facilities in any guest room.

h. The maximum uninterrupted length of stay at a bed and breakfast shall be fourteen (14) days.

1. The use of any outside amenities provided by the bed and breakfast such as swimming pool or tennis courts shall be restricted in use to guests of the establishment and shall be open for use only between the hours of 9:00 am and 10:OO pm. The serving of meals shall be restricted to the guests of the establishment.

J- There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single sign, which complies with the Sign Regulations of this ordinance.

k. Weddings, Receptions, Special Events - A bed and breakfast may not be used for weddings, receptions, meetings, or other special events that involve people who are not guests at the bed and breakfast.

Boarding - Boarding shall mean the keeping of no more than two (2) roomers, boarders, or lodgers as an accessory use within a single family detached dwelling, in accordance with the following regulations.

a. The owners of the property shall be full-time residents of the property.

b. No additional rooms shall be constructed for the purpose of accommodating boarders.

c. No separate cooking facilities shall be created.

d. Boarding is permitted in principal dwellings only and not in buildings accessory to principal structures.

e. In addition to the parking requirements for the principal building, one additional off-street parking space shall be provided for each room used or intended to be used for boarding.

f. This use does not include residential facilities for chronically ill or other persons who need special care due to illness or who are part of a criminal justice program.

Nonresidential Accessory Structure - Limited to the following structures whose use is subordinate to and incidental to a permitted commercial or industrial use of the property: fences, walls, garages, storage sheds or containers, driveways, and pads or other impervious surfaces. (amended by Ord. 655, Oct. 12, 2004)

ARTICLE 4

a. Fences and Walls - No fences or walls may be placed in the right-of- way of a street or road or in drainage easements or swales. The maximum permissible height for transparent fences shall be eight (8) feet; for solid walls shall be four (4) feet; and for a combination of a four-foot wall topped with a transparent fence shall be eight (8) feet. The maximum height may be extended to no more than 10 feet if a higher fence is a requirement to meet regulations of a local, county, state or federal government. No barbed wire or razor wire is permitted. Minimum setback for fences is zero (0) feet; minimum setback for walls is zero (0) feet. (amended by Ord. 655, Oct. 12,2004)

b. Garages, sheds or containers. Only one (1) such detached accessory structure is permitted per lot. Required side and rear yard setbacks:

(amended by Ord. 655, Oct. 12, 2004)

Square footage 100 sq. feet or less 101 to 200 sq. feet

More than 200 sq. feet

c. No accessory structure shall be permitted in the front yard or closer to the street line than the principal building.

d. The maximum height of any garage, storage shed or storage container is 20 feet. (added by Ord. 655, Oct. 12,2004)

Side 5 feet 10 feet 15 feet

6. Outside Storage for Nonresidential Uses - Outside storage necessary but incidental to the normal operation of a principal nonresidential use is permitted subject to the following requirements:

Rear 5 feet 10 feet 15 feet

a. No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.

b. Outside storage areas shall occupy an area of less than 25 percent of the existing building coverage.

c. The storage of tractor trailers, panel trucks, vans, and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted provided that such vehicles shall be used by the establishment in the normal conduct of their business but shall not be used for storage on a permanent basis or for periods longer than 30 days three times during any calendar year.

ARTICLE 4

d. Where outside storage areas are adjacent to a residential use or a residential district, a planted buffer 10 feet in width and a landscaped fence shall be provided in accordance with Section 504.C. of this Ordinance.

Temporary Structure - A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a non- recurring nature, subject to the following provisions:

a. The time period of the initial permit shall be six (6) months. This permit may be renewed for three (3) month time periods. The total time period shall not exceed one year.

b. Such structure or use shall be removed completely within thirty days of the expiration of the permit without cost to the municipality.

c. No retail sales shall be permitted from a temporary structure or vehicle.

d. Tractor trailers, flatbed trailers, moving vans, and other large commercial vehicles are not permitted to be parked in residential, Village, or Town Center districts except for a period of time necessary for loading or unloading.

Car Wash - An automated facility for washing of motor vehicles, which shall be accessory to a motor vehicle fuel station.

a. The facility shall have a drainage system that ensures that water will not collect on driveways, sidewalks, or streets.

b. Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

c. A car wash is permitted only as an accessory use to a motor vehicle gasoline station.

Dwelling in combination with a Business - A dwelling unit is permitted as an accessory use to a principal commercial or office use. All building code requirements and parking requirements shall be met.

10. Microwave or Satellite Dish Antenna - A dish antenna or any other type of antenna, whether larger than or less than or equal to 18 inches in diameter, used to receive radio or television or electromagnetic waves from an overhead satellite or transmission tower shall be permitted as an accessory use in all districts, subject to the following regulations. This use shall not be construed to permit any equipment or facilities used or intended to be used for the propagation or transmission of telecommunication, radio or electromagnetic waves, such uses being permitted only as Telecommunications Antenna,

ARTICLE 4

Telecommunications Equipment Building, or Telecommunications Tower, as applicable.

a. All Residential Districts: A microwave or satellite dish antenna larger than 18 inches in diameter shall be a permitted accessory use subject to the following:

1. No antenna shall be located within a required front, side or rear yard, unless an acceptable signal is unobtainable elsewhere on the lot.

2. No antenna shall be permitted in the required front yard area or in front of the principal dwelling.

3. The diameter of the antenna shall not exceed nine (9) feet.

4. When separately supported the total height of the antenna shall not exceed ten (10) feet.

5. Roof mounting is not recommended. If roof mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot and shall not project above the ridge line of the roof. No roof-mounted antenna shall exceed three (3) feet in diameter.

6. No more than one dish antenna shall be permitted on any lot.

7. When not roof mounted, the antenna shall be screened by staggered plantings of evergreens that present a solid visual barrier to adjoining properties.

8. Historic District Requirements: In addition to the requirements (1) through (7), all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the historic district and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the District, homes, businesses, or other historic structures within the Historic District.

b. All other Districts - Antennas larger than 18 inches in diameter shall be a permitted accessory use in nonresidential districts subject to all the following regulations:

1. No antenna shall be located within a required front, side or rear yard.

ARTICLE 4

2. The diameter of a dish antenna shall not exceed nine (9) feet.

3. The maximum height of a ground-mounted antenna shall be 10 feet, and it shall be screened by staggered plantings of evergreens to present a solid visual barrier.

4. Roof-mounted dish antennas shall not exceed three (3) feet in diameter unless they are totally screened from view from surrounding properties and streets. Dish antennas shall not be mounted on chimneys.

5. Historic District Requirements: In addition to the requirements (1) through (4), all proposals for dish antennas within the Historic District shall demonstrate to the satisfaction of Borough Council, upon recommendation by the Historic Architectural Review Board, that the antenna will not be visible from any public street in the historic district and that its size, location, and type of screening will not be designed or located in such as way as to impinge on or diminish the historic values of the District, homes, businesses, or other historic structures within the Historic District.

All microwave or satellite dish antennas less than or equal to 18 inches in diameter. No permit shall be required for a satellite dish that is 18 inches or smaller in diameter. A satellite dish less than or equal to 18 inches in diameter is permitted in every zoning district by right. No use permit shall be required for a satellite dish that is 18 inches or smaller in diameter. However, any satellite dish 18 inches or smaller in diameter located in the Newtown Borough Historic District shall meet the Historic District criteria of this section depending on the location of the property, as well as all the criteria of the Newtown Borough Historic District Ordinance, as amended.

11. Outdoor Eating Accessory to a Restaurant. Outdoor eating and food service is permitted as a use accessory to a restaurant use subject to the following requirements:

a. The outdoor eating area shall be open to the sky with the exception that it may have a retractable awning or umbrella and may contain furniture including tables, chairs, and planters that are readily moveable.

b. The outdoor eating area may not occupy areas that are required by the establishment to meet the parking requirements of this ordinance.

c. Parking shall be provided for outdoor eating areas at a rate of one off- street parking space for every 2 seats and shall be in addition to the parking required to serve the indoor areas.

ARTICLE 4

d. Location of outdoor eating areas:

1. No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area.

2. All outdoor eating areas shall be located a minimum of 25 feet from a side or rear property line where the restaurant lot abuts or is adjacent to either a residential zoning district or a lot used as a residence, even if said lot is not located within a residential district; provided, however, that this requirement will not apply to a restaurant which abuts or is adjacent to the use identified "Dwelling in combination with a Business," as provided in Section 401.C of this Ordinance.

e. All outdoor eating areas shall be enclosed by a fence or wall with a minimum height of four feet. Where the lot on which outside eating is permitted abuts a residential use or a residential zoning district, a fence and planted buffer shall be installed that shall meet the standards set in Section 504.C. of this ordinance.

f . No outdoor service shall be provided before 10:OO AM or after 11:OO PM.

g- No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise limitations of Section 507.C. of this Zoning Ordinance.

h. Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 10 feet and light fixtures shall be focused downward with a shield, thereby preventing light from shining on adjacent properties.

1. The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.

J- No outdoor eating area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.

k. Outdoor food preparation is prohibited, and there shall be no outdoor bar for beverage service.

1. All trash shall be removed from the outdoor eating area and from the area surrounding the outdoor eating area on at least a daily basis.

12. Drive-through Facility - A drive-through facility shall be an accessory use and is defined as any facility through which a service is provided, or goods, food or beverage are sold to the operator of, or passengers in, a motor vehicle without

ARTICLE 4

the necessity of the operator or passengers disembarking from the vehicle. Drive-through facilities are permitted as accessory uses only for Restaurants with drive-through facilities and Financial Establishments and no others. All drive-through facilities shall meet the following requirements.

a. The following definitions shall apply.

(1) Drive-through canopy - Overhead structures intended to protect patrons from the weather while stationed at the drive- through service area/f acility .

(2) Drive-through lane - Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services .

(3) Bypass lanelescape lane - Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.

b. Requirements. A drive-through facility is subject to the following standards:

(1) The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

(2) Hours of operation shall be set as a condition of the land development approval to minimize the impacts of drive- through facilities located adjacent to residential uses.

(3) Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other uses that have substantial pedestrian traffic.

(4) Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

(5) Drive-through facilities shall abut only arterial streets, as defined in the Borough Subdivision/Land Development Ordinance, and access shall not be taken from local streets.

(6) The driveway entrance and exit lane of a drive-through facility must be setback at least 100 feet from any intersection.

(7) A bypass lanelescape lane shall be provided.

ARTICLE 4

(8) The design of a drive-through lane and bypass lane/escape lane shall minimize the blocking, crossing or passing through of off- street parking areas and minimize crossing of or the need to be crossed by pedestrian access ways for patrons.

(9) The drive-through lane shall not be the sole ingress and egress to the site.

(10) 'Drive-through lanes shall be marked by signs that indicate the entrance and exit for the drive-through lane. The direction of traffic flow for the drive-through lane and bypass lane/escape lane shall be marked clearly.

(11) Drive-through lanes are to be separated from the bypass lanelescape lane and parking aisles by painted lines.

(12) Lane separation-An on-site circulation pattern is to be provided for drive-through facility traffic that separates such traffic from that of walk-in patrons.

(13) A stacking area is to be provided for vehicles waiting for service in the drive-through lane that is separated from other traffic circulation on the site. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation. Stacking distance for each lane shall be at least 120 feet in length.

(14) The total height for any overhead drive-through canopy shall not exceed 15 feet.

13. Vending Machines

a. Vending and service machines are permitted as accessory uses in the following zoning districts only: TC, V-2, 8-1, and B-2. No vending or service machine shall be permitted outside a completely enclosed building, except as permitted below.

b. Only newspaper and news/sales material vending or distribution machines may be outside an enclosed building and only where the following conditions are met:

(1) A permit shall be required for all machines to be located outside a building;

(2) The machine shall be secured to a concrete pad or other suitable permanent and secure base. Chaining the machine to a post is not acceptable and does not meet this condition.

ARTICLE 4

c. The machine shall be located a minimum of 10 feet from the edge of the cartway of any road and shall not be located within the right-of-way of any roadway or within any sidewalk area.

d. The machine shall be located so that it does not interfere with clear sight distance and shall be located at least 100 feet from any intersection.

e. The machine shall not be located within any parking area that is needed to meet parking requirements.

f. The machine shall not interfere with safe pedestrian flow or access.

g. The machine must be properly maintained so that it is secured to its pad, operating properly, and free of debris, graffiti, and vandalism.

h. Bank service machines for the conduct of bank business shall be permitted to be on the outside of a building whose use is Financial Establishment.

No vending or service machines may be lighted except for the bank service machines.

If the proposed vending or service machine is in the Historic District, approval shall also be required under the Newtown Borough Historic District Ordmance.

k. No vending from temporary carts or stands is permitted.

14. Mechanical Equipment and Heating or Air Conditioning Equipment

All mechanical equipment, including HeatingNentilationlAir Conditioning units and window air conditioners shall be located to preserve the historic character of the streetscape and to protect neighboring residences from any noise or appearance of these facilities. All nonresidential equipment shall be fully screened from view with appropriate materials or plantings approved by Borough Council.

* See pages 60.001-60.005 for new subsection (Geothermal) added by Ordinance 681, adopted May 8,2007

5402 Prohibition on Outdoor Sales from Temporary Vending Vehicles

There shall be no selling or offering for sale of any goods, wares or merchandise outside an enclosed building from temporary vending vehicles, such as carts, or otherwise moveable stands, except as may be otherwise permitted by this Ordinance. Sales or distribution of items from other types of vending machines are subject to the Vending Machine regulations of this ordinance.

60 A-RTICLE 4

15. Closed Loop Geothermal System - a closed loop geothermal system shall be accessory use. I t is defined as any heating and/or cooling system that

utilizes the earth's thermal energy to heat and/or cool a building through the use of a series of underground pipes. Only closed loop geothermal sys terns are permitted. This use is permitted in all z011ing districts by right. All geothern~al systerns shall meet the following requirements.

a. For purposes of this subsection (15) only, the folIo.cvii7g definitions shall

apply:

(1) Closed loop geothermal system - a geother~nal system in which the same liquid is continuously run through piping in a closed circuit and 110 new liquid is i~~troduced to the system or used liquid discharged from the system.

(2) Open loop geothermal systein - a geothern~al system in which liquid is run through piping after being drarvn fro111 a source and is then discharged to that source or an alternate location.

( 3 ) Well - a drilled hole used in connection with a geothermal sys ten1 .

b. Only closed loop geothermal syste~.ns are permitted accessory uses. Open loop geotl~ermal systems are prohibited.

c. A drilling permit is required prio~: to the drilling or alteration of a kvell. Application for a permit for the drilling of a well shall be made to the Zoning Officer. The locatio~~ of the kvell on the property shall be s l ~ o ~ v r ~ . No permit for a well shall be used until the plans, specifications and site plans have bee11 approved by the Zoning Officer for co~npliance with this ordinance.

A site plan shall be submitted wit11 the applicatio~i and shall include the follo\ving:

(1) Property metes and bounds and adjoining property metes and bounds;

(2) Ail structures located on the property and the adjoining properties;

( 3 ) All owners of adjoinii~g lots shall be identified along with addresses and telephone numbers;

(4) Identify location and catalog all trees with a caliper of 6 inches or niore at a height of 4 feet above grade, along wit11 the current conditiol~ of each tree;

ARTICLE 4

A grading plan of the property including the direction and locatioli of water flow fro111 each well to be drilled;

A detail of the method o f controlling water runoff and sedjnie~i t;

Location of all iiiunicipal and private stortn water facilities on the property and \.vithin 500 feet of the property;

Indicate location and type of all underground utilities and all above groulid utilities with clearance to overhead obstructions;

Locatio~i of all proposed wells and alternake well locations, indicating distances to all structures and property lines;

Detail of turf and pavement (curb, sidewalk, driveway) protection methods;

Proposed method of ently and exit from the site tor drilling equipment;

Plans and details of erosion controls, along with approval from the Bucks County Conservation District;

Distance to Newtown Creek and Old Skunky;

Proposed set-up location s for drilling rig for each proposed well;

Detail of tree protection;

Site location map and proposed route of travel to the site of well drilling equipment including load limit of all bridges in or accessing Newtown Borough;

Location of all public and private easements and rights-of-way on or adjoining the property and all adjoining properties;

Location of all on-site utilities including without liniitation sewer and water laterals, gas, electric, cable and other communication lines and stormwater managemeiit facilities; Location o f all natural I.esources and other protected land, including but not liniited to required open space, steep slopcs, flood plain, woodlands and wetlands;

Uscs of adjoining properties; and

ARTICLE 4

(21) Locatioli of municipal or other public wells located within 500 feet of subject property.

e. T11e installation specifications and drawings for a geothermal system shall be submitted to and approved by tlie Borough as conforming to the International Ground Sources Heat P ~ ~ I I I ~ Association (JGSHPA) installation standards, as may be amended and updated fro111 time-to- time.

A vertical geotherlnal wvell(s) installation shall be made only by a Pel~nsylvania licensed well driller.

Prior to the activation of the geothel-ma1 system, the well driller and geothern~al systelm installer shall provide the Borough with the foIlo\Vi11g:

(1) as-built plans and related documentation for each systerm and well location;

(2) written documentation of the geothermal system testing and certification fro111 tlie nianufacturer, well driller and installer, as applicable;

( 3 ) a written plan for the operation of the geothennd system which shall contain the following, at a niinil~~um:

(a) any geothernlal system leaks or releases will be reported by the applicant (and subseque~it owners) to the borough and the Newtom Borough Police Department within twenty-four (24) hours of the discovery of same, and the applicant (and subsequent o\m~ers) covenants and agrees to take all appropriate action to minimize any fluid release to the ground and to p r o ~ ~ ~ p t l y repair any system leaks;

(b) in the event of the proposed discontinuance of the use of the geothen-ma1 system, a system closure plan will be prepared and submitted to the Borough for its approval prior to closure.

Wells shall not be permitted in a front yard. In any permitted yard, a kvell shall be setback at least 25 teet from all lot lines.

No geother~l~al system shall be located within one hundred (100) feet of ally existing drinking watet- wells or any planned drinking water wells.

No geothermal system shall be connected in any way to any sanitary sewer or stormwater disposal sys teni.

ARTICLE 4

The piping for geothem~al systeins must be made of polyethylene or polybutylenc. A substitute material shall be permitted only if i t is the functional equivale~it of polyethylene or polybutyle~~c and the i~iaterial is approved by the Borough.

Only water or potassium acetate may be used as the circulating fluid for geothel-ma1 systems, unless similar inert fluid is approved for use by the Ror~ough.

No well shall be permitted in any public legal or ultimate right of way of any street, road or highway.

No well shall be permitted within 25 feet of a cartway where the right- of-tvay is less t l~an 25 feet from tlie road centerline.

Well drilling shall occur only between the hours of 8:OO ail1 to noon and 1:00 pm to 5:00 pm Monday through Friday. No drilling shall be permitted on Saturday and Sunday or at any hour not perl~iitted undel- t 11is section.

Well casings in a side yard shall be properly buffered with a landscape buffer.

Wells shall riot be located inside the flood plain, in any steep slopes, within wet lands or tvi t11i11 cvoodlarids.

The top of the well casing shall be above the elevation of the 100 year flood line.

Well casings sealltop shall be located between 6 inches and 12 inches above grade.

All geothermal systems shall be properly maintained in accordance with ma~iufacturer's specifications, the installer's specifications, and any applicable Pennsylvania Department of Environmental protection or federal regulations.

Any person who owi s a lot upon which a geothermal system is installed and any person who occupies a structure which is served by a geothermal system shall be responsible for maintaining the geothermal system.

If a geothermal system malfunctions, the person responsible for the maintenance of the system shall take all action necessary to repair, 1110dify or alter the geotherl~ial system to elinlinate the malfunctio~~.

ARTICLE 4

kv. The owner of any property with a well shall allow the Borough Zoning Ofiicer or other authorized official access to the well for the purpose of inspection to ascertain compliance with this ordinance at all reasonable t i lnes.

Addcd by Ord. 682, hlay 8, -3007.

ARTICLE 4

Article 5 GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS

5500 Area and Dimensional Requirements

A. Lot Area and Yard Required - The lot and yards for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance.

B. Yard Requirements

1. No building or structure shall occupy any portion of a required front, side, or rear yard except as specifically provided in this Ordinance.

2. Front Yards Exceptions for existing alignment - If the location of existing buildings on either side of a lot and within a distance of 100 feet of the lot and area fronting on the same side of the street in the same block area nearer to the street than the required front yard setback, the required front yard setback for the lot shall be established as the average front yard setback of the existing buildings on either side of the lot. The average setback shall be the build-to line for any new or reconstructed buildings.

3. Corner Lot Yard Requirements - Corner lots shall have a front yard on both streets on which the lot has frontage in the BR-1 district, and shall meet any other specific requirements for corner lot yards for the district in which the corner lot is located. The remaining two yards shall be side yards. In all other zoning districts, there shall be a front yard on the street where the building facade is located. There shall be two side yards, one of which can be along the side street, except in the case of attached units or two-family units where there is no side yard where the units are joined. There shall be at least one rear yard.

C. Height.

1. The height limitations specified for each district in this Ordinance shall not apply to the following: church steeples, chimneys, belfries, cupolas, monuments, or flagpoles. The maximum height for these structures shall not exceed fifty (50) feet, and the minimum setback from the base of any such structure and any property line shall not be less than 50 feet.

2. The height limitations specified for each district in this Ordinance shall not apply to Telecommunications Towers, Equipment, or Antennas, which shall meet the regulations for these uses as set forth in Article 4 of this Ordinance.

3. Unless specifically permitted or limited by this Ordinance, the height (as defined in Article 2 hereof) of any building or structure shall not exceed 35 feet.

ARTICLE 5

D. Applicability of Lot Area, Dimensional Standards and Setbacks.

1. Where minimum lot areas, yards, setbacks, imperious surface limits, buffers, parking areas or building coverage limits per lot are required for any use, property or district, these shall be provided as required.

If any use and/or property is proposed to have a condominium form of ownership, either for the whole property or any part thereof, the minimum lot areas, yards, setbacks, imperious surface limits per lot, or building coverage limits per lot shall be met for each unit, building and use, even if individual lots are not created and sold separately. All required dimensional criteria for each unit, building and use shall be provided contiguously and proportionately to each unit, building and use, and all setbacks shall be measured from any road, street and/or alley, and from any building line and/or unit boundary, as appropriate.

9501 Clear Sight Triangle

On corner lots, no wall, fence or other structure shall be erected and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A Clear Sight Triangle of twenty-five (25) feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than two (2) feet above the street grade, except that tree branches may fall in the clear sight triangle provided that they are either lower than 2 feet or higher than 8 feet above grade level.

9502 Parking Standards

A. General Standards

1. Existing Parking: Structures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed. Any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

2. Change in Parking Requirements: Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of this Ordinance, parlung shall be required for the entire structure and use in accordance with the requirements of this Ordinance.

3. Conflict with Other Uses: No parking area shall be used in a way that interferes with its availability for the parking need it is required to serve.

4. Continuing Obligation: All required parking facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced except upon the approval of the Zoning Hearing Board based on proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors

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controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard, or an unreasonable impediment to traffic.

Maintenance of Parking Areas for Nonresidential Uses: For parking areas of three (3) or more vehicles, the area not landscaped shall be graded, surfaced with asphalt or other suitable material approved by the Borough Engineer, and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location.

Within the Town Center, Village Gateway and Business Gateway zoning districts, any use existing as of the effective date of this Ordinance which can be lawfully expanded, or any new use that cannot meet the parking requirements of this Ordinance within the lot lines of the principal use may meet the parking requirements of this Ordinance in one of three ways:

a. The applicant by providing an agreement in writing at intervals determined by Newtown Borough that the parking spaces are available and secured or developer shall provide proof of the availability of the required parking spaces which are not needed to meet the requirements of another use which can be used for parking purposes by the applicant; or,

b. The applicant or developer shall pay the Borough an annual fee-in-lieu for each required parking space, to be determined by a fee resolution of Borough Council for the acquisition, construction, and maintenance of public parking. This is permitted by conditional use only and may be used to meet up to 50 percent of the parking requirement.

c. If spaces are leased or licensed, the borough shall require proof of the leasing or licensing arrangement and use of the spaces to be kept on file. Proof of ongoing leases and use of the spaces will be required every year.

(amended by Ord. 655, Oct. 12, 2004)

Vehicle Parking In All Districts - One recreational vehicle per dwelling unit is permitted. Campers, recreational vehicles, travel trailers, and boats shall be stored on the lot by the occupant of the lot only. Storage must be in an enclosed building or in an area screened from view and behind the front building setback line. A recreational vehicle may, however, be parked anywhere on a residential lot for a period not to exceed twenty-four hours during loading and unloading. No recreational vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a lot or in any location not

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approved for such a use. Only one (1) unlicensed vehicle without tags and/or plates is permitted on any property, regardless of the use or type of vehicle.

B. Parking Design Standards (t i t le arne~rded by Ord. 681, May 8, 2007)

1. A parking stall is that area specifically designated for the temporary parking of one motor vehicle.

2. Design standards for parking stalls do not apply where the purpose is vehicle storage related to sales, service or other use.

3. Parking stalls shall conform to the following dimensional standards:

Conventional 10 feet wide by 18 feet deep

Handicapped 13 (8 foot parking space plus 5 foot access aisle) feet wide by 20 feet deep

4. Accessible parking spaces for disabled persons shall be provided in accordance with the Americans with Disabilities Act requirements. Accessible spaces shall be provided in locations that are convenient for disabled patrons or clients.

5. All dead-end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.

6. Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle, except for parking areas for single family detached dwellings.

C. Parking Lot Access and Traffic Control

1. In order to minimize traffic congestion and hazard, control street access in the interest of public safety, no off-street parking lot for motor vehicles shall abut directly a public street unless separated from the street by a raised curb and barrier planting strip, wall or other barrier except at access points.

2. lnternal drives and parking aisles shall be paved and provided proper drainage in conformance with the Borough Subdivision/L,and Development ordinance. If recommended by the borough engineer and approved by borough council, curbs will be required.

D. Shopping Cart Storage - Any establishment that furnishes carts as an adjunct to shopping shall provide marked areas for the return of carts. No carts shall be stored on sidewalk areas and all carts shall be stored inside the building when the business is closed.

E. Restriction on Vehicle Repair in require parking spaces - Required off-street parking facilities for multi-family and for nonresidential uses shall be solely for the parking of

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passenger vehicles of patrons, occupants, or employees. No vehicle repair work is permitted in parking lots except for emergency service.

F. Location of parking areas - All required off-street parking shall be provided on the lot with the principal use and within the confines of the lot, unless otherwise specifically permitted by this Ordinance.

1. No off-street parking shall be permitted within the minimum front yard setback in the following districts, nor shall parking be located closer to the front yard street line than the principal building is located:

TC Town Center V-1 Village Conservation V-2 Village Gateway B-1 Business Gateway B-2 Business/Mixed Use BPS Borough Professional Service districts

2. No parking spaces for nonresidential uses shall be located closer than 5 feet to a side and/or rear property line.

3. No parking areas shall be permitted in the front yard for residential uses and uses accessory to residential uses except in driveways. No area for vehicle parking shall directly abut the cartway of a public street, except for driveways, which shall not exceed a width of twelve (12) feet at the point where they abut the cartway.

G. Fraction of a Space - When off-street parlung requirement calculations result in a fraction of a space required, any fraction of one-half or less may be disregarded while any fraction of more than one-half shall be counted as one parking space.

H. Landscaping - Landscaping shall be provided in the interior of all nonresidential parking areas as required by this ordinance and the Subdivision/Land Development Ordinance. The purposes are to provide for traffic flow control, shade and green areas, and to accommodate and absorb run-off. No less than ten percent of a nonresidential parking area shall consist of landscaped islands within the parking area limits. For purposes of this section only, a landscaped island shall mean landscaping located entirely within the parking lot itself or landscaping which, in the opinion of the Borough, protrudes into the parking lot and is the functional equivalent of landscaping located entirely within the parking lot. It shall not include any landscaped area required as buffer or setback areas. For every 19 spaces for cars, there shall be an area equivalent to the size of one parking space devoted to plantings and landscaping.

I. Reduction of Non-Residential Parking Requirements

In order to prevent the establishment of greater number of parking spaces than is actually required to serve the needs of non-residential uses, Borough Council after consulting with the Planning Commission and Borough Engineer, may permit a conditional reduction of parlang

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space upon conditional use approval through either (1) joint use or (2) reservation of land for future parking.

Joint Use: Two (2) or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. The number of spaces required in a common parhng facility may be reduced below this total if it can be demonstrated that the hours or days of peak parking needed for the uses are different and that a lower total will provide adequately for uses served by the parking area. The total number of parking spaces shall not be less than 75 percent of what would be required under strict ordinance interpretation.

Reservation of Land for Future Parking.

a. The design of the parking lot, as indicated on the subdivision or land development plan, must designate sufficient space to meet the parking requirements of this Ordinance. The plan shall also illustrate the layout for the total number of parking spaces that must be in compliance with the impervious surface and yard requirements of this ordinance.

b. The balance of the parking area reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance. This parking area that is reserved shall be landscaped and shall be located so that it can be used for additional parking spaces if required.

c. The developer shall enter into a written agreement with Borough Council that, after one (1) year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined at the sole discretion of Borough Council that the required number of parking spaces are necessary to satisfy the need of the land development. The applicant shall establish an irrevocable letter of credit with adequate security to cover the cost of paving the additional spaces and shall enter into an agreement with the Borough to ensure that the paving will be provided by the current or any future owners when it is determined that the paving is needed.

5503 Parking Requirements for Permitted Uses

Uses permitted by right, by special exception, or by conditional approval shall meet the following off-street parking requirements. Whenever there is a change of use as defined by this ordinance (e.g. from light manufacturing to village retaillservice), the applicant for a certificate of occupancy shall provide documentation on the location and number of parking spaces available and shall provide this documentation to the borough prior to receiving a certificate of occupancy.

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Residential Uses: Two (2) off-street parking spaces per dwelling unit for the following dwelling types: single family detached, two-family dwelling and residential conversion. Two (2) off-street parking spaces per dwelling unit plus one (I) overflow space per dwelling unit for the following dwelling types: multi-family dwelling - apartment style dwelling, town house - attached style dwelling, and traditional neighborhood development use. Parking spaces provided within garages shall not be counted as meeting the off-street parking requirement, unless the garage is approved pursuant to a Traditional Neighborhood Development use pursuant to Section 401.A.5, in which case the garage size must be increased to accommodate parking two (2) vehicles and an additional twenty percent (20%) of storage space. Spaces that are stacked and require the moving of another vehicle in order to get access to the space shall not be counted toward the off-s treet parking requirement.

Home Occupation (Types 2 and 4 only): Three (3) off-street parking spaces in addition to spaces required for the residence, with no more than six (6) spaces permitted for the residence and the accessory office combined.

Adult Commercial: Three (3) off-street parking space for each one hundred (100) square feet of gross floor area used or intended to be used for servicing customers.

Automobile Sales: One (1) off-street parking space for each 500 square feet of interior sales area plus six (6) spaces for each repair service bay. Parking for customers and for service patrons shall be separated from display and storage spaces for vehicles offered for sale.

Bed and Breakfast: Two off-street parking spaces for the owner-resident, one for each guest room, and 1 space for every two employees.

Boarding: One off-street parking space for each boarder, in addition to the spaces required for the dwelling unit.

Cemetery: None

Commercial or Trade School: One off-street parking space per three (3) students plus one for each instructor.

Commercial Recreation and Entertainment: For indoor or outdoor athletic clubs with courts, one off-street parking space for each two persons of total capacity based on the number of courts. For exercise or fitness clubs, gyms, or dance studios, one space for each piece of exercise equipment and one space for every 125 square feet of area devoted to classes. For other uses, 1 space for every 50 square feet of floor area.

Community Center: One off-street parking space for each 150 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests, or members.

Contracting: One off-street parking space for every employee on the largest shift, plus one space for each company vehicle normally stored on the premises.

Convenience Store: One off-street parking space for every 150 square feet of gross floor area.

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Day Care Service: One off-street parking space for each teacher, administrator, and maintenance employee, plus off- street spaces equal to one space for every five (5) pupils to be picked up or dropped off at the same starting time or dismissal time.

Dwelling in combination with a business: One off-street parking space for each dwelling, in addition to those required for the business use.

Emergency Services: one off-street parking space for every employee on the two major shifts at maximum employment.

Financial Establishment: One off-street parking space for each 220 square feet of floor area used or intended to be used for servicing customers. If a drive-through window is provided, a stacking area to accommodate at least six (6) vehicles shall be provided for each drive-through window.

Forestrynimber Harvesting: none

Fuel Storage and Distribution: One off-street parking space for every employee on the largest shift, plus one (I) space for each company vehicle normally stored on the premises.

Funeral Home: One (1) off-street parking space for each four seats provided in the main assembly area.

No-Impact Home-Based Business: None in addition to those required for residential use.

Inn: One (1) off-street parking space for each rental room or suite, plus one (1) additional off- street parking space for each employee.

Kennel: One off-street parking space for each employee.

Library or Museum: One space per two hundred and fifty (250) square feet of floor area.

Limited Village RetailIService Use: One space per 400 square feet of floor area.

Lumber Yard/Planing Mill: One off-street parking space for every employee on the largest shift, plus one (1) space for each company vehicle normally stored on the premises.

Light Manufacturing: One off-street parking space for every employee on the largest shift, plus one (1) space for each company vehicle normally stored on the premises.

Motor Vehicle Fuel Station: Six (6) off-street parking spaces for each service bay plus 1 space for every 50 square feet of convenience shopping space.

Motor Vehicle Service Center/Repair Shop: One (1) off-street parking space for every 250 square feet of floor area.

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Office. Business or Professional: One (1) off-street parking space for each three hundred (300) square feet of floor area.

Office, Medical: One off-street parking space per 200 square feet of floor area.

Nursing Home or Personal Care Facility: One space for every three patient beds.

Place of Worship: One (1) off-street parking space for each three seats provided in the main assembly area.

Private Club: One off-street parking space for every five (5) members of maximum permitted club occupancy.

Public Recreation Facility: As determined to be necessary by Borough Council.

Public Utility: Two (2) off-street parking spaces, or one (1) space per employee, whichever requires the greater number of spaces.

Repair Shop: One (1) off-street parking space for each four hundred (400) square feet of floor area.

Research: One off-street parking space for every employee on the largest shift, plus one (1) space for each company vehicle normally stored on the premises.

Restaurant with Drive-through Service: One (1) off-street parking space for every two (2) seats. or one off-street parking space for every sixty (60) square feet of floor area devoted to patron service, whichever requires the greater number of off-street parlung spaces.

Restaurant: One (1) off-street parking space for each fifty (50) square feet of floor area devoted to patron service.

Village Retail Trade and Service Business: One off-street parking space for every 300 square feet of commercial floor area devoted to customer and client use.

School:

Kindergarten: One (1) off-street parking space-for each faculty member and employee plus two (2) additional spaces per classrvom

Elementary School: One (1) off-street parking space for each faculty member and employee plus one (1) space per two (2) classrooms and offices.

Junior High School: One (1) off-street parking space for each faculty member and employee plus one (1) space per two (2) classrooms and offices.

Senior High School: One (1) off-street parlung space per faculty member and employee plus one (1) space per ten (10) students of projected building capacity.

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Telecommunications Use: As required by Article 4, Section 401

Terminal: Off-street parking spaces as the Planning Commission and Borough Council shall determine adequate to service customers, patrons, visitors, employees and vehicles normally parked on the premises.

Veterinary Office: One off-street parking space per 200 square feet of floor area.

Warehousing and Distribution: One off-street parking space for every employee on the largest shift, plus one (I) space for each company vehicle normally stored on the premises.

5504 Buffer and Landscape Requirements

A. Shade Tree Requirements - All uses shall provide shade trees or street trees in accordance with the Borough Shade Tree Commission requirements, the Borough Subdivision/Land Development Ordinance, and the Master Tree Plan for the Borough.

B. Buffer - A completely planted visual barrier or landscape screen of sufficient density and height to constitute an effective screen shall be provided and maintained in the following locations:

1. between the BPS Borough Professional Service and any other residential district or residential use;

2. between the any nonresidential use in the B-1 or B-2 districts and any other residential district or residential use;

3. or for any other use required by Article 4, Use Regulations, to provide a buffer.

The buffer shall be planted along the side and rear property lines and may be located within the required side or rear yard setbacks. Additional plantings may not be required where existing planting, topography, or man-made structures are deemed acceptable for screening purposes by Borough Council.

C. Landscaped fencing required around uses - Notwithstanding the provisions of Section 401.C, a solid fence not exceeding six (6) feet in height shall be provided around uses that are required by Article 4 to have a separation from surrounding properties. A required fence shall have along the exterior perimeter a planting area containing trees and hedges designed to provide a year-round landscaped area to add to the visual screening. If there is an unfinished side to a fence, the finished side must face out toward adjoining properties or the street and the unfinished side must face inward toward the lot being fenced.

D. Any portion of a lot in nonresidential use which is not used for buildings, structures, parking, aisles, sidewalks, or designated storage areas shall be planted with an all- season ground cover and shall be landscaped according to an overall plan.

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E. All mechanical and electrical equipment not enclosed in a structure shall be fully screened from view from any point visible from a public street in a manner compatible with the architectural and landscaping style of the lot. The requirements of Article 4 for Mechanical Equipment shall be met.

F. Plant Materials List - Plant materials recommended by the Borough Shade Tree Commission and approved by resolution of Newtown Borough Council are acceptable for street tree plantings and buffer plantings. Minimum sizes of trees to be planted are specified. Borough Council, upon the advice of the Shade Tree Commission, may permit other plant types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit. All planting material shall meet the standards of the American Association of Nurserymen.

9505 Outdoor Lighting

A. General Standards - Outdoor lighting for all residential and nonresidential uses shall be designed to minimize undesirable off-premises effects.

1. No use shall produce glare off the premises by illumination originating on the premises. Glare is defined as the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted and which cause annoyance, discomfort, or loss in visual performance or visibility, for any period of time, no matter how short in duration.

2. No bare or direct light source shall be visible beyond the lot lines. All lights shall have a full cutoff fixture, which is defined as a light fixture with light distribution pattern that results on no light being projected at or above a horizontal plane located at the bottom of the fixture. This applies to all pole- mounted lights, building mounted lights, sign lights, walkway lights, and any other type of illumination. No light shall shine directly into windows or onto streets and driveways off the premises. These standards shall not apply to holiday lights that are temporarily displayed during holiday seasons.

B. Types of Pole-Mounted lights Permitted - Lighting shall be provided by fixtures with a height not more than 18 feet above finished grade outside the historic district and shall be limited to no more than 14 feet within the historic district. Height shall be measured from the ground to the uppermost point of the light fixture. Light fixtures shall be fully shielded fixtures where the light source is not visible from the property line. Borough Council may consider other type of light fixtures, provided that the intent of the ordinance is met.

C. Lighting Plan Required - Any outdoor lighting such as pole-mounted, building, sign, canopy, or sidewalk illumination, and driveway lights, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow.

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Light at the property line - Illumination from light originating on the site shall not exceed 0.5 foot candles at the lot line. Overhead light pollution caused by unshielded or bright lights shall not be permitted.

Maximum Lighting Levels- The maximum lighting level at areas w i t h each borough property shall not exceed 5 footcandles at bullding entrances and 3 footcandles elsewhere on the lot.

The following types of illumination are not permitted: high pressure sodium, low pressure sodium, and mercury vapor.

Environmental Protection Standards

Resource Protection Land - All uses shall meet the following standards for protecting lands with natural resource restrictions. Site alterations, regrading, filling, or clearing of vegetation prior to the submission of plans for development shall be a violation of this Ordinance.

Floodplains: All lands shown on the Flood Insurance Rate Map for Newtown Borough as being 100 year floodplain shall be protected from disturbance, clearing, or grading, except as permitted by Section 508 of this ordinance, Floodplain District.

Steep Slopes: On lands with steep slopes that exceed an area of 100 square feet, the following standards shall apply:

1. Slopes of 15-25%: no more than thirty (30) percent of such areas shall be developed and/or regraded or stripped of vegetation.

2. Slopes of 25% or more: no more than fifteen (15) percent of such areas shall be developed and/or regraded or stripped of vegetation.

Woodlands: No more than fifty (50) percent of any woodland may be cleared or developed. The remaining fifty (50) percent shall be protected.

Wetlands: Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soils conditions; or those areas of lands defined as wetlands in either 1) The United States Army Corp of Engineers Wetlands Delineation Manual; or 2) The Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this Ordinance most restrictive criteria shall mean the criteria that cause the preservation of the most extensive area of wetlands. No wetland areas may be graded, filled, developed, or in any way disturbed.

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F. Streams, Waters of the Commonwealth, and watercourses: No development, filling, disturbing, piping, or diverting shall be permitted in streams, watercourses, wetlands or waters of the Commonwealth.

G. Riparian Buffer - A riparian buffer shall be established along Newtown Creek. The buffer shall be 20 feet in width measured from the top of bank of the stream and extending on both sides of the stream. The area of the riparian buffer shall be counted as part of the minimum lot area. Within the riparian buffer, there shall be no grading, paving, or removal of vegetation, except to provide for a public walkway along the creek and connections from the public walkway to individual properties abutting the creek. The purpose of the buffer is to protect the water quality, prevent erosion and sedimentation, and to prevent flooding.

9507 Protection of Areas with Natural Resource Restrictions

A. Areas with natural resource restrictions due to slopes, woodlands, wetlands, floodplains, streams, watercourses, and riparian buffers areas shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, parking areas, or other improvements. No portion of the building envelope or yard areas in which parking or accessory structures are permitted shall be occupied by natural resources as defined above.

B. Areas outside of the building envelope of the lot (the area of the lot excluding all required yard areas, setbacks, and easements) may contain natural resources as defined herein, provided that those areas so affected must be identified on the recorded plans for the subdivision or land development or on the building permit application and shall be subject to a deed restriction to prevent any disturbance or development of these areas.

9508 Floodplain District

A. Purpose - The purpose of these provisions is to prevent threats to and loss of property, life, health, safety, commerce, and governmental services, and to minimize extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

1. regulating uses, activities, and development which acting along or in combination with other existing or future uses, activities, or developments, will cause unacceptable increases in flood heights, velocities and frequencies;

restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; and

requiring all those uses, activities, and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

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B. Applicability - These requirements shall apply to all lands within Newtown Borough shown as being located within the boundaries of the 100-year floodplain on the Flood Insurance Rate Map for Newtown Borough, prepared by the Federal Insurance Administration and dated December, 1979, or any more recent version.

C. Compliance - No structure or land shall be used, located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this and other applicable ordinances.

Warning and Disclaimer of Liability - The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes. Larger floods may occur. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Ordinance does not imply that areas outside the floodplain districts, or land uses permitted within such districts will be free from flooding or flood damage. Neither the Borough nor any officer or employee thereof shall be liable for flood damage that may result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

E. Zoning Map - The boundaries of the floodplain district are established as part of this Ordinance. A copy of the floodplain district map is on file at the Borough Office.

F. Overlay Concept

1. The Floodplain districts are an overlay on the existing underlyng zoning districts and shall supersede the zoning regulations for the district in which it is located.

2. Where there may be conflicts between the Floodplain District regulations and the zoning district regulations the more restrictive provisions shall apply.

3. A determination that any provision of the Floodplain district is invalid by any legislative, administrative or judicial body shall not affect the validity or applicability of the remaining provisions of the Floodplain District.

G. Definitions of Floodplain Terms - For the purposes of this Section 508, the term "manufactured home" shall have the definition ascribed to it in Section 201 hereof.

H. Establishment of Floodplain Zoning District

1. The Floodplain District shall include all areas subject to inundation of the one hundred year flood. The basis for establishing the zone shall be the one hundred (100) year flood elevations contained in the Flood Insurance Rate Map for Newtown Borough, prepared by the Federal Insurance Administration as most recently mapped.

2. Where the specific 100-year elevation has not been detailed on the Flood Insurance Study or Flood Insurance Rate Map, the flood plain soils shall govern unless the applicant for a proposed use, development andlor activity

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determines the floodplain elevation in accordance with hydrologic and hydraulic engineering techniques. A study for the 100-year flood prepared in accordance with the Federal Emergency Management Agency Flood Insurance Study requirements shall be submitted to the Borough for review.

Floodplain Boundary Changes - The delineation of the Flood Plain District Boundaries may be revised upon approval of Borough Council where, based on individual site analysis and other accepted engineering techniques, such change is review and approved by the Federal Insurance Administration (FIA). Procedures established by the Federal Emergency Management Agency must be followed for application, review and approval of any floodplain district boundaries or elevations.

Interpretations of the boundaries of the Flood Plain District shall be made as part of the preliminary subdivision or land development approval. For those instances where neither a preliminary subdivision nor land development approval is required, the Zoning Officer shall interpret the boundaries. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the determination based upon the evidence presented.

Uses permitted by Right - In the Floodplain district, the following uses and no others are permitted by right within the Flood Plain District provided they comply with the provisions of the underlyng zoning district, the Flood Plain District requirements and are not prohibited by any other Ordnance and do not require structures, fill, or storage of materials and equipment. No development, use or activity that would cause any increase in the 100-year flood shall be permitted.

1. Agricultural uses such as general farming. nurseries, horticulture and forestry.

2. Public and private recreational uses and activities such as parks, picnic grounds, golf courses, boat launchng, hiking, wildlife and nature preserves, hunting and fishing areas.

Yard areas, gardens, play areas, and pervious parking areas.

Other similar uses and activities provided they cause no increase in flood heights and/or velocities and do not create obstacles for the free flow of floodwaters.

Uses permitted by Special Exception - The following uses may be permitted by special exception, provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance.

1. Utilities, public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other related uses.

Uses, such as, marinas, docks, wharfs, or piers, which cannot perform their intended purpose unless located or carried out in lose proximity to water.

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3. Temporary uses such as circuses, carnivals, and uses of the same general character.

4. Storage of materials and equipment, provided that the materials and equipment are not buoyant, flammable, explosive, or polluting and are not subject to damage by flooding or to flotation or movement.

M. Expansion of Structures within the Floodplain

Structures or uses that lawfully exist as of the date of the initial enactment of a floodplain ordinance by Newtown Borough which <are not in conformity with the provisions of this Ordinance may be altered or extended upon approval by the Zoning Hearing Board subject to the following conditions:

1. No extension or alteration shall be permitted to any structure that would cause any increase in the 100-year flood level.

2. The alteration or extension must conform to all applicable regulations of this ordinance.

3. The alteration or extension shall not constitute a substantial improvement, as defined in this ordinance.

4. Any increase in volume or area shall not exceed an aggregate of more than 25 percent of such volume or area during the life of the structure.

5. Any extension or alteration shall be designed or modified so as to be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; constructed by methods and practices that minimize flood damages; and constructed with electrical, heating, ventilation, plumbing and air conditioning equipment that are designed and/or located so as to prevent water from entering or accumulating within components during conditions of flooding.

6. Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic forces on exterior walls.

N. Obstructions Posing a Special Hazard - In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Flood Plain Management Act, the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area:

1. The commencement of any of the following activities, or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:

a. hospitals (public or private)

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b. Nursing Home/Personal Care Facilities (public or private)

c. jails or prisons

The commencement of, or any construction of, a new mobile home or manufactured home park or mobile or manufactured home subdivision, or substantial improvement to an existing mobile home or manufactured home park or mobile home or manufactured home subdivision.

Any new or substantially improved structure which will be used for the storage or production of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises. This list shall be considered to be the minimum list of hazardous substances. Due consideration shall be given to any and all substances which may be hazardous or may cause pollution or danger to life or property and to any and all federal, state or county regulations of these or similar substances.

Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric acid Magnesium Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides (including insecticides, fungicides, rodenticides) Radioactive substances, insofar as such substances are not otherwise

regulated

0. Special Exceptions and Variances - In deciding applications for special exceptions or variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this ordinance and the following;

1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted that will cause any increase in flood levels during the one hundred (100) year flood in the floodplain district.

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The danger that materials may be swept on to other lands or downstream.

The danger of disease and contamination if water supply and sanitation systems are inundated.

The susceptibility of the proposed facility to flood damage and the effect of such damage on others if the facility is damaged or inundated by a flood.

The importance of the proposed services to the community.

The need of the facility to have a waterfront location.

The availability of alternative locations not subject to flooding for the proposed use.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

The relationship of the proposed use to the most recent Borough Comprehensive Plan and flood plain management program for the area.

The safe access to the property for ordinary and emergency vehicles during floods.

The expected heights. velocity, duration, rate of rise. and sediment transport of the floodwaters expected at the site.

Toxic or environmentally hazardous material.

Similar factors that may be unique to the application which are relevant to the purposes of this Ordinance.

The Zoning Hearing Board may seek expert testimony to assist in evaluating the project.

Special exceptions and variances shall only be granted after the Zoning Hearing Board has determined that the granting of such will not result in:

a. Increases in flood heights;

b. additional threats to public safety;

c. extraordinary public expense;

d. nuisances;

e. conflict with local laws or ordinances;

ARTICLE 5

f. modification greater than the minimum necessary to obtain relief.

16. Whenever a special exception or variance is granted, the borough shall notify the applicant that the granting of the special exception or variance may result in increased premium rates for flood insurance and may increase risks to life and property.

P. Notification, Compliance with Other Ordinances

1. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities and political subdivisions which may be affected by such action have been notified by the Zoning Officer and until all required permits or approvals have first been obtained from the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands. In addition, the Federal Emergency Management Agency and the Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.

2. Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this ordinance. Further, any structure or land subject to the provisions of this Section 508 shall be further subject to the applicable provisions of the Newtown Borough Building Code.

5509 Nuisance Standards

A. Requirements for all uses - No use shall be permitted which is noxious or offensive to surrounding properties by reasons of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard by fire or explosion. No use shall create any objectionable condition on any other property that would endanger public health or safety or be detrimental to the use of any other properties. All applicable standards of the Bucks County Department of Health, the Pennsylvania Department of Environmental Protection, and the U.S. Environmental Protection Agency, and any other agency with jurisdiction regarding pollution or contaminants shall be adhered to by all uses in the Borough. This applies to fugitive contaminants, particulate matter emissions, sulfur compound emissions, toxic materials, and any other air contaminants regulated by the state and federal authorities; noise, vibration, toxic materials; discharges into watercourses or into the ground; odors; fire or explosive hazards; and storage of chemicals or fuels. The most stringent standards shall apply.

B. Smoke, Ash, Dust, Fumes, Vapors, and Gases

1. There shall be no emission of smoke, ash, dust, fumes, vapors, or gases that violate the Pennsylvania Air Pollution Control Laws or other regulations of the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Administration. There shall be no emission of

79 ARTICLE 5

odorous gases or other odorous material in such quantities as to be detectable at any lot line.

2. The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any soiling of persons or property at any point beyond the lot line of the use creating the emission is prohibited.

C. Noise

1. The sound level of any operation (other than the operation of motor vehicles or other ground transportation facilities on public highways, emergency alarm signals or time signals) shall not exceed the levels designated below. The sound-pressure level shall be measured by a device meeting the most recent specifications as published by the American National Standards Institute (ANSI). ANSI-approved equipment shall also be used to calibrate any device with which the readings are taken.

2. Sound-pressure levels in decibels, as measured at or beyond the property line upon which the emission occurs shall not exceed the levels listed below for smooth and continuous noise. For pulsating or repetitive sounds the permissible levels shall be reduced by five decibels in each octave band.

Octave Band in HZ Cycles per second

Along property lines zoned for: Residential Nonresiden tiid

(Decibels) 60 72 54 67 47 59 41 52 37 46 34 40 31 34 28 32

Measurements can also be taken with approved equipment in weighted terms, with limits as shown below, as long as none of the levels listed for each frequency band listed above are exceeded, with the same provisions applicable for pulsating or repetitive sounds.

DBA 46 56

D. Glare and Heat - Any operation producing intense glare or heat shall be performed within an enclosed building or behind an adequate shielding in such a manner as not to create a nuisance to those working or living in the area. Lighting standards shall be met to prevent glare from light fixtures.

ARTICLE 5

E. Radioactivity or Electrical Disturbance - There shall be no activities that emit radioactivity at any point. There shall be no electrical disturbance permitted which affects any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection Rules and Regulations.

F. Environmental Protection Standards - All uses and activities, including waste disposal, discharges, storage, sewage disposal. fuel storage, and other use, storage or disposal of materials that can cause damage to the air, water, soil, or property shall comply with all building and fire code requirements as well as all requirements of the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency, as well as any other local ordinances and requirements.

G. Odors - No use or activity shall provide odor detectable at the property line. All food and/or beverage service establishments shall be equipped and designed so that food or cooking odors are not released in a way that affects neighboring properties. All refuse and trash shall be stored so that it does not emit odors.

H. Liquids; Waste Disposal - No non-residential use or activity shall emit any liquid for cleaning, washing, cooking. fuel, cooling or any other purpose related to the use onto any other property or onto the streets or public places of Newtown Borough. All such material must be completely stored and captured, and transported from the property by an approved transporting entity.

95510 Open Space - Layout Standards for Required Open Space

Open space whose purpose or resulting effect is to enhance the private yards of individual lots shall not be considered to meet the ordinance requirements for open space and shall not be counted in the calculation of minimum required open space. Narrow or irregular pieces of land which serve no public open space function or which are remnants leftover after the lots, streets, and parking areas have been laid out shall not be considered to meet the ordinance requirements for open space and shall not be counted in the calculation of minimum required open space.

§511 Water Supply; Sewage Disposal Systems; Wells ( a~ncnde~ i by Orri. 661, M a y 8, 2007)

A. Private water supplies are prohibited in Newtown Borough for any purpose. All proposed public water connections shall meet the applicable minimum requirements set forth this ordinance and in Article 6 of the Newtown Borough Subdivision and Land Development Ordinance, as amended, for all public water supply connections.

B. Private sewage or community sewage disposal systems are prohibited in Newtown Borough. All proposed public sanitary sewer connection shall meet the applicable minimum requirements set forth in this ordinance and in Article 6 of the Newtown Borough Subdivision and Land Development Ordinance, as amended, for all public sanitary sewer connections.

ARTICLE 5

C. Unless specifically pem~itted elsewhel-e in this ordinance, private wells are prohibited in Ne~,vtova~ Borough for any use or purposes. A~nnzrled by Ord. 651, udopicd AAay 8, 2007.

ARTICLE 5

Article 6 DISTRICTS

tj600 BR-I Borough Residential District - 1

Purpose - The purpose of the BR-I district is to recognize existing development in the northern and eastern sections of the borough where single-family development has occurred. Zoning regulations are designed to protect the character of the existing neighborhoods.

A. Uses Permitted - A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this Ordinance.

Uses by Right Single-f amily detached dwelling Cemetery Closed Loop System (uddcd by Ord. 651, M u y 8, 2007) Forestry Municipal building Public recreation facility Home Occupation - Types 1 (No impact home based business) and 3 Residential accessory structure Temporary structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Public Utility

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Telecommunications Antenna

B. Table of Dimensional Regulations for d l uses - All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply.

Minimum lot area (1) Maximum impervious surface coverage Maxil-t~um Buildiilg Coverage Ratio (added by Ord. 681, May 8, 2007) Minimum lot width at street line

15,000 sq. ft. 50% 20%

100 ft.

ARTICLE 6

Maximum building height Minimum yards (setbacks)

Front (2) Side (each) Rear

35 ft.

35 ft. 15 ft. 30 ft.

(1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. (2) For corner lots, one of the front yards may be reduced to a minimum of 30 feet.

ARTICLE 6

€$01 BR-2 Borough Residential District - 2

Purpose- The purpose of the BR-2 district is to recognize existing residential development in the core sections of the borough where residential development in a variety of forms has occurred. Zoning regulations are designed to protect the character of the existing neighborhoods and to allow for flexibility in accommodating development that is consistent with the character of these neighborhoods.

A. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and offstreet parking.

1. Uses by Right Single-f amily detached dwelling Two-family dwellings Cemetery Closed Loop System (a&dr7d l i j j Ord. 681, 1It1ay 8, 2007) Forestry Municipal buildlng Public recreation facility Home Occupation - Types 1 (No impact home based business) and 3 Residential Accessory Structures Temporary Structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Boarding - limited to no more than 2 boarders Nursing Home Personal Care Facility Place of Worship Public Utility Residential Conversion School Home Occupation, Type 2 - Accessory Office

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Telecommunications Antenna

Table of Dimensional Regulations for all uses - All uses shall comply with the area and dimensional requirements listed in t h s section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area (1) 6,000 sq. f t .

ARTICLE 6

601 Maximum impervious surface coverage 55% Maximum Building Coverage Ratio 301;'i,

!ad~It.u' b~ Ord. 681, hlmy S, 20071 Minimum lot width at street line 60 ft. Maximum building height 35 f t . Minimum yards (setbacks)

Front (2) 20 ft. Side 15 ft . total; minimum of 5 ft. Rear 25 ft.

Maximum front yard - Build-to h e 25 f e e t or the average of the setbacks o f existing development within the same block.

(1) If a minimum lot area is specified f o r a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. For residential uses, the minimum lot area per dwelling unit on any one lot shall be 6,000 square feet.

(2) For comer lots, one of the front yards may be reduced to a minimum of 10 feet.

ARTICLE 6

#02 BR-3 Borough Residential District - 3

Purpose - The purpose of the BR-3 &strict is to recognize existing residential development in the residential sections of the borough adjacent to the town center and adjacent to the industrial areas. Zoning regulations are designed to protect the character of the existing neighborhoods and to allow for flexibility in accommodating residential development and suitable institutional uses that are consistent with the character of these neighborhoods.

A. Uses Permitted - A buildmg may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

1. Uses by Right Single-f arnily detached dwelling Two family dwelling Boarding Cemetery Closed Loop System (udcled by Ord. 683, hilly 8, 2007) Forestry Municipal building .

Public recreation facility Home Occupation - Types 1 (No impact home based business) and 3 Residential accessory structures Temporary structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Home Occupation, Type 2, Accessory Office Library or Museum Nursing. Home Personal Care Fadi ty Place of Worship Public Utility Residential Conversion

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Microwave or satellite dish antenna Telecommunications Antenna

ARTICLE 6

B. Table of Dimensional Regulations for all uses - All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply.

Minimum lot area (1) 3,000 sq. ft. Maximum impervious surface coverage 60 % M a x ~ m u m Building Coverage Ratio 41%

(udded by Ord. 681, k l q 8, 20071 Minimum lot width at street line for detached dwellings 50 ft. (except t wo-f amily dwelling) Minimum lot width per dwelling unit of a two-family dwelling at the street line 30 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front (2) 20 ft. Side 15 ft. total; minimum of 5 ft. Rear 25 ft.

(1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no specific lot area is spedied, then the minimum lot area in this chart shall apply.

(2) For corner lots, one of the front yards may be reduced to a minimum of 10 feet. Front yards may be reduced to 10 feet if the predominant front yard setbacks is less than 20 feet on the block in which the building is located.

ARTICLE 6

9 3 3 BR-4 Borough Residential District - 4

Purpose - The purpose of the BR-4 district is to recognize existing multifamily and mixed use development and to set standards for new development that reflect the existing character of the borough's exceptional multifamily development, with appropriate provisions for office uses.

A. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance incluchg yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

Uses by Right Single-family detached dwelling Two family dwelling Multi-family dwelling - Apartment-style Townhouse/Attached dwelling Boarding Cemetery Closed Loop System iuiidcd by Ot-LI. 681, kfay 5, 2007) Forestry Municipal buildmg Place of worship Public recreation facility Home occupation - Types 1,3,4 Residential accessory structure Temporary structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Artide 10 and when all conditions of Article 4, Use Regulations are met.

Home occupation - Type 2 Bed and breakfast Business or Professional office Library or Museum Nursing Home Personal Care Facility Medical Office Public utility Residential conversion School

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Microwave or satellite dish antenna Mobile home park Traditional neighborhood development Telecommunications Antenna

ARTICLE 6

8. Table of Dimensional Regulations for single family detached dwellings and all nonresidential uses Minimum lot area (1) 4,000 sq. ft. Maximum impervious surface coverage 60 YO hhxi111un7 Building Covcsage Ratio j 5%

(~7ddcd by Ord. 657, hIuy 8, 2007! Minimum lot width at street line 50 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front (2) 20 ft. Side 15 ft. total; minimum of 5 ft. Rear 25 ft.

(1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is speafied, then the minimum lot area in this chart shall apply. (2) For corner lots, one of the front yards may be reduced to a minimum of 10 feet.

C. Table of Dimensional Regulations for two-family dwellings and residential conversions Minimum lot area per dwelling unit 3,000 sq. ft. Maximum impervious surface coverage 60 %

blaxi~mun~ Building Covel-a~e Ratio 35'3, (added by Ord. 691, h n j S, 3007,

Minimum lot width per dwelling at street line 30 ft. Maximum building coverage ratio 35 %

Maximum building height 35 ft. Minimum yards (setbacks)

Front (1) 20 ft. Side (2) 20 ft. Rear 25 ft.

(1) For corner lots, one of the front yards may be reduced to a minimum of 10 feet. (2) One side yard only is required for twin dwellings where the dwelling units are attached and side by side.

D. Table of Dimensional Regulations for Multi-family dwellings and Townhouse/attached dwellings: Maximum impervious surface coverage for the site 60 % Maximum impervious surface coverage per lot 70% hlaximum Building Covei-age Ratio 35%,

( a d d d b!y Ord. 681, hlay 8, 2007) Maximum building height 35 ft. Minimum tract size 3 acres

Additional Standards for Townhouse-type development: (1) Maximum density on net buildable site area 7.5 units per acre

ARTICLE 6

(2) Principal buildings may not be located closer than 30 feet to any perimeter lot or street line (does not apply to internal streets or to lot lines created by the subdivision)

(3) Yard requirements for individual units: Front 5 feet Side (at end of row of units only) 10 feet Rear 20 feet

(4) Minimum lot width at street line 24 feet (5) Minimum distance between enclosed garages and any lot line 5 feet (6) Minimum lot area per dwehng 3000 square feet

E. Traditional Neighborhood Development - Requirements of Section 401.A.5 for this use shall be met.

F. Mobile Home Park - All requirements of Article 4, §401.A.8 for Mobile Home Park shall be met.

ARTICLE 6

€$iO4 BPS Borough Professional Service District

Purpose - The purpose of the Borough Professional Service district is to regulate the limited office uses along Washington Avenue adjacent to the BR-1 district.

A. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other. provided that every use shall comply with all applicable regulations of this ordnance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

1. Uses by Right: Business and Professional Office CIosed Loop Systen~ (iiddcd by Old. 681, .%lu;j 8, 2007) Forestry Medical Office Muniapal Building ,

Veterinary Office Temporary Structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Public Utility

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough found in accordance with Artide 9.

Microwave or satellite &sh antenna Telecommunications Antenna

Table of Dimensional Regulations for dl uses - All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area (1) 15,000 sq. ft. Maximum impervious surf ace coverage 60 %

hlaxin~uim Building Co\re~'age Ratio &SC;L7 (added h/ Ord. 652, h f67y S , 2007)

Minimum lot width at street line 100 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front 25 ft. Side 25 ft. each Rear 50 ft.

(1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.

ARTICLE 6

604 C. Buffer Requirements

A planted buffer at least 20 feet in width shall be placed along the side and rear property lines where a use in the BPS districts abuts a residential use or district.

D. Parking All off-street parking shall be located in the rear yard and may occupy the 50 percent of the required rear yard setback that lies closest to the principal building and farthest from the rear property line.

ARTICLE 6

§605 TC Town Center

Purpose - The purpose of the TC district is to allow for growth and flexibility in the use and reuse of the commercial core along State Street. Primary uses are residences, dwellings in combination with businesses, and a variety of retail, service, office, restaurants, and recreational uses. A. Uses Permitted - A building may be erected or altered to be used either in whole or in

part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

Uses by Right: Single-f arnily detached dwelling Two-f amily dwelling Business or Professional Office Closed Loop System (udded by Oyd. 651, May 8, 2007) Commercial or Trade School Community Center Dwelling in Combination with a Business Emergency Services Financial Establishment Forestry Home occupations, Types 1,2 3, and 4 Inn Library or Museum Medical Office Municipal Building Place of Worship Private Club Public Recreation Facility Repair Shop Restaurant Retail and Service Business Nonresidential Accessory Structure Residential Accessory Structure Temporary Structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Residential Conversion Nursing Home Personal Care Facility Public Utility Outdoor eating as accessory to restaurant

ARTICLE 6

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Microwave or satellite dish antenna Telecommunications Antenna

B. Table of Dimensional Regulations for all Nonresidential uses - All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall

apply - Minimum lot area (1) 3,000 sq. ft. Maximum impervious surface coverage 75% Maximum Buildii~g Coverage Ratio (added by Ord. 681, 5/8/07) 60% Minimum lot width at street line Maximum building height

45 ft. 35 ft.

Minimum yards (setbacks) Front (2) 15 ft. Side (3) 6 ft. each Rear 20 ft.

Maximum setback (Build-to line) 20 A. (1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. (2) For corner lots one front yard may be reduced to a depth of not less than 10 feet. (3) Side yard shall be no less than 20 feet if it abuts a borough parking lot; however, this side yard may be reduced to 10 feet if public access is provided along the side yard to allow for pedestrian traffic to parking lot.

C. Table of Dimensional Regulations for permitted residential uses - All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area per dwelling unit 3,000 sq. ft. Maximum impervious surface coverage 65% Maximum Building Coverage Ratio 50% Minimum lot width for detached dwelling at street line 50 ft. Minimum lot width per dwelling unit of a two-family dwelling at the street line. 30 ft. Maximum building coverage ratio 50% Maximum building height 35 ft. Minimum yards (setbacks)

Front (1) 20 ft. Side (2) 10 ft. Rear 25 ft.

(1)For comer lots, one of the front yards may be reduced to a minimum of 10 feet. (2)One side yard only is required for twin dwellings where the dwelling units are attached and side-by-side.

95 ARTICLE 6

§(jO6 Village Conservation (V-1)

Purpose - The purpose of the Village Conservation District (V-1) is to preserve, maintain, and encourage the existence and feel and intensity of the existing limited nonresidential and professional uses while preserving the residential uses in the area along State Street between Greene Street and Jefferson Street.

A. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

1. Uses by Right: Single-family detached dwelling Two-f arnily dwelling Business or Professional Office Closed Loop System (Ordinance #681, udopted May 8, 2007) Dwelling in Combination with a Business Forestry Home occupations, Types 1,2,3, and 4 Medical Office Municipal Building Nonresiden tial Accessory Structure Residential Accessory Structure Temporary Structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Library or Museum Limited village retail/service use - with the following limitations: 1. Retaillservice uses are permitted only in buildings in existence

at the time of adoption of this ordinance; 2. Retail/service is permitted on the first floor only; 3. Existing building may be expanded by up to 20% of the first

floor area to accommodate additional retaii/service use. Residential Conversion Public Utility

Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Telecommunications antennas

ARTICLE 6

B. Table of Dimensional Regulations for all nonresidential uses - All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area (1) 4,000 sq. ft. Maximum lot area 10,000 sq. ft. Maximum impervious surface coverage 60% Maximum Building Coverage Ratio 45'yo

(added by Ord. 681, May 8, 2007) Minimum lot width at street line 45 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front (2) 15 ft. Side (3) 10 ft. each Rear 25 ft.

Maximum setback (build-to line) 25 ft. (1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. (2)For corner lots one front yard may be reduced to a depth of not less than 10 feet. (3) Side yard shall be no less than 20 feet if it abuts a borough parking lot.

Table of Dimensional Regulations for permitted residential uses - All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area per dwelling unit 4,000 sq. ft. Maximum lot size per principal use 10,000 sq. ft. Maximum impervious surface coverage 60% Maxin~uln Building Coverage liatio 45%

(uildcd by Ord. 681, May 8, 3007) Minimum lot width per single-family detached dwelling at street line 50 ft. Minimum lot width per dwelling unit of a two-family dwelling at the street line 30 ft. Maximum building coverage ratio 50% Maximum building height 35 ft. Minimum yards (setbacks)

Front (1) 20 ft. Side (2) 6 ft. Rear 25 ft.

Maximum setback (Build-to line) 25 ft. (1) For corner lots, one of the front yards may be reduced to a minimum of 10 feet. (2) One side yard only is required for two-family dwellings where the dwelling units are

attached and side by side.

ARTICLE 6

D. Design Standards for All Uses All structures shall be designed to reflect the historic and cultural style of Newtown Borough. The building styles, materials, colors, bulk, scale and placement on the lot shall be addressed in all development applications. The Historical Architectural Review Board guidelines shall be used in approving building applications for subdivisions, land development or zoning permits.

ARTICLE 6

9607 Village Gateway - V-2

Purpose - The purpose of the Village Gateway District (V-2) is to preserve, maintain, and encourage the existence and feel and intensity of the existing limited nonresidential and professional uses while preserving the residential uses in the area along State Street between Penn Street and Chancellor Street.

A. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

1. Uses by Right: Single-family detached dwelling Two-f amily dwelling Business or Professional Office Closed Loop System (added by Ord. 681, &Iuy 8,2007) Dwelling in Combination with a Business Forestry Funeral Home Home occupations, Types 1,2,3, and 4 Medical Office Municipal Building Nonresidential Accessory Structure Public Recreation Facility Residential Accessory Structure Temporary Structure

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Bed and Breakfast Library or Museum Limited village retail/service use - with the following limitations: 1. Retaillservice uses are permitted only in buildings in existence

at the time of adoption of this ordinance; 2. Retaillservice with accessory food service is permitted, with a

maximum floor area limit of 1000 square feet; 3. Existing building may be expanded by up to 20% of the first

floor area to accommodate additional retail/service use. Nursing Home Personal Care Facility Public Utility Residential Conversion

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

98 ARTICLE 6

Traditional neighborhood development Telecommunications antennas

B. Table of Dimensional Regulations for all Nonresidential Uses - All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the speufic use, in which case the requirements of Section 401 shall

apply - Minimum lot area (1) Maximum impervious surface coverage Maximum Building Cover-age Ratio

(uddcd by Ord. 881, Muy 9, 2007) Minimum lot width at street line Maximum building height Build-to line (maximum setback) Minimum yards (setbacks)

Front (2) Side (3) Rear

5,000 sq. ft.

45 ft. 35 ft. 25 ft.

15 ft. 6 ft. each

20 ft. (1) If a minimum lot area is specified for a specific use in Artide 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. (2) For corner lots one front yard may be reduced to a depth of not less than 10 feet. (3) Side yard shall be no less than 20 feet if it abuts a borough parking lot.

C. Table of Dimensional Regulations for permitted residential uses, except for traditional neighborhood development - All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area per dwelling unit 6,000 sq. ft. Maximum impervious surface coverage per lot 60% Maximum Building Coverage Ratio 45%

(added by Ord. 681, May 8, 2007) Minimum lot width per single-family detached dwelling

at street line 60 ft. Minimum lot width per dwelling unit of a two-f amily dwelling

at the street line 30 ft. Maximum building coverage ratio 50% Maximum building height 35 ft. Minimum yards (setbacks)

Front (1) 20 ft. Side (2) 10 ft. Rear 25 ft.

Build-to Line (maximum setback) 25 ft.

(1) For corner lots, one of the front yards may be reduced to a minimum of 10 feet.

(2) One side yard only is required for two-family dwellings where the dwelling units are attached and side by side.

D. Traditional Neighborhood Development - Regulations in Section 401.A.5 for Traditional Neighborhood Development shall apply.

ARTICLE 6

Business Gateway 03-1)

A. Purpose - The purpose of the Business Gateway District is to allow for industrial, commercial and residential uses to support the existing pattern of development. Uses should maintain the same scale and intensity of current development and allow for compatible coexistence of the residential and nonresidential uses.

B. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

Uses by Right: Single family detached dwelling Two-family dwelling Automobile Sales Public recreation facility Business and professional office Closed Loop Sys tern (uddcd by Ord. 681, May 5, 20071 Commercial entertainment Community center Contracting Day care center Dwelling in combination with a business Emergency services Financial establishment Forestry Fuel storage and distribution Home Occupations, Types 1,2,3,4 Kennel Medical Office Motor vehicle service station Municipal building Repair shop Restaurant Veterinary office Village retail and service business Warehousing and distribution Nonresidential accessory structure Residential accessory structure Temporary structure

Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Adult Commercial Convenience store

ARTICLE 6

Drive-through facility Motor vehicle gasoline station Outdoor eating as accessory to restaurant Public utility Residential conversion Restaurant with drive through service Tenninal

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Microwave and satellite dish antenna Telecommunications an temas Telecommunications equipment building Telecommunications tower Traditional Neighborhood Development

B. Table of Dimensional Regulations for all nonresidential uses - All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply.

Minimum lot area (1) 20,000 sq. ft. Maximum impervious surface coverage 60 %

hlaximum Building Coverage Ratio 45% (added by Ord. 681, MUIJ 8, 2007)

Minimum lot width at street line 80 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front 30 ft. Side 20 ft. each Rear 40 ft.

Maximum Setback (Build-to line) 30 ft.

(1) If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.

C. Table of Dimensional Regulations for permitted residential uses, except Traditional Neighborhood Development - All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply. Minimum lot area per dwelling unit 6,000 sq. ft. Maximum impervious surface coverage 60% Max imun~ Buildi~~g Coverage Ratio 45%

(udded by Ord. 681, A4ay 8, 2007) Minimum lot width per single family detached dwelling

at street line 50 ft. Minimum lot width per dwelling unit of a two-family dwelling

ARTICLE 6

at the street line Maximum building height Maximum setback (build-to line) Minimum yards (setbacks)

Front (1) Side (2) Rear

30 ft. 35 ft. 25 ft.

20 ft. 10 ft. 25 ft.

(1) For corner lots, one of the front yards may be reduced to a minimum of 10 feet. (2) One side yard only is required for twin dwellings where the dwelling units are attached and side-by-side.

D. Traditional Neighborhood Development - Requirements of Section 401.A.5 for this use shall apply.

E. Overlay District Standards - Gateway to Newtown Borough

The following general standards are in effect to create a unified and attractive gateway to Newtown Borough, as recommended by the Newtown Borough Comprehensive Plan.

1. Parking shall be located to the side or rear of properties.

2. Buffers shall be provided dong lot lines where nonresidential uses abut residential uses.

3. Street trees and uniform landscaping shall be provided along South State Street.

4. Historic resources shall be used rather than replaced.

5. Signs shall follow the guidelines for the historic district sign requirements and Historic District guidelines.

ARTICLE 6

@og Borough Mixed Use (B-2)

A. Purpose - To allow for the continuation of existing industrial uses and for the transition to mixed-use development, allowing for limited types of residential and nonresidential uses.

B. Uses Permitted - A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use shall comply with all applicable regulations of this ordinance including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.

1. Uses by Right: Business and professional office Public recreation facility Closed Loop System (added by Ord. 681, May 8, 2007) Community center Day care center Municipal building Medical Office Emergency services Temporary structure Research Light manufacturing Public Recreation Facility Accessory Village Retail or Service Business in accordance with the following additional regulations:

1. Sales must be accessory and incidental to a manufacturing use 2. Retails sales area shall not exceed 4000 square feet.

Lumber yard/Planing mill Forestry Home occupation - Type 1 (No impact home-based business)

2. Uses by Special Exception - The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article 10 and when all conditions of Article 4, Use Regulations are met.

Public Utility

3. Conditional Use - The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article 9.

Traditional neighborhood development Multifamily dwelling, limited to multifamily dwellings in an existing

historic building converted to residential use as part of a traditional neighborhood development

Telecommunications antenna

ARTICLE 6

C. Table of Dimensional Regulations for all nonresidential uses - AU nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Section 401, Use Regulations, for the specific use, in which case the requirements of Section 401 shall apply.

Minimum lot area (1) 20,000 sq. ft. Maximum impervious surface coverage 60% Maximum Building Coverage Iiatio 45%

(udded by Ord. b51, Muy 5, 2007) Minimum lot width at street line 80 ft. Maximum building height 35 ft. Minimum yards (setbacks)

Front 30 ft. Side 20 ft. each Rear 40 ft.

(1)If a minimum lot area is specified for a specific use in Article 4, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.

D. Regulations for Traditional Neighborhood Development

The requirements of Article 4, Section 401.A.5 shall be met.

ARTICLE 6

Article 7 SIGNS

5700 Definition of Sign Types

Sign letter, nameplate, identification, poster, billboard, public display, object, or illustration, structure or device used for visual communication which is affixed, painted, projected, or placed upon a building, post, sidewalk, or other surface, whether inside or outside, for the purpose of bringing any subject to the attention of the public, or which advertises or identifies a business, commodity, service, product, or structure.

A. Freestanding sign - A sign permanently supported by upright or uprights that are permanently anchored into the ground. This may have two display sides.

B. Wall sign - A sign mounted parallel to the face of a building or wall and not projecting above the eaves of the structure and not more than twelve inches from the plane or facade of the building or wall.

C. Window sign - A sign permanently affixed to a storefront window which can be seen through the window, containing only the name of the establishment and the type of establishment. A storefront window shall be defined as a ground floor or first story window which is located in the main door to an establishment or on the same side of the building where the main door to the establishment is located, or in the side of a building which faces a public street, right-of-way, or public parking lot.

D. Directory Sign - A sign advertising a group of establishments occupying one property or one building, with the name of the property or building and the names of the individual establishments located within the property or building.

E. Projecting Sign - A sign that is dependent on a building for support and which projects more than 12 inches from the building, including an Awning Sign. Whenever a canopy or awning is affixed with any lettering, design, symbol, or made from any special material that is intended to be or by its nature is an identification of a business, the applicable measurable area of the awning or canopy is a projecting sign.

F. Portable Sign - Any sign used or intended to be used for a short period of time and which is not affixed to a location on a building or structure or on the ground, including, but not limited to, sandwich boards, posters, signs on wheels, buntings, and A-frame signs.

§701 Procedures

A. The erection of a sign is regulated and requires a permit unless a sign is specifically exempt from regulation. The erection shall include any building, construction, attachment, hanging, suspension, alteration, repair, repainting, removal, relocation, and demolition of a sign of any type.

B. All signs in the Borough fall into one of the following categories:

ARTICLE 7

1. signs exempt from the provisions of this Article

2. prohibited signs

3. permitted signs

a. temporary permitted signs b. permanent permitted signs

C. The Borough Zoning Officer will provide applications for sign permits, fee information, inspection requirements, and application requirements dealing with submission of drawings and construction information.

9702 General Sign Regulations

A. Area of a sign 1. The area of a sign shall include all lettering, wording, and accompanying

designs and symbols, together with the background, whether open or enclosed, on which it is displayed but not to include any supporting framework, bracing, or decorative trim which is incidental to the copy content of the display itself. The height or other dimensions of the supporting framework, bracing or decorative trim shall not exceed the requirements of this ordinance, and the area of the supports, bracing or trim shall not increase the total sign size by more than 10 percent of the allowable sign area.

In the computation of square foot area of a double-faced sign, only one side shall be considered, provided all faces are identical in size and content and are parallel to each other. No signs with more than two faces are permitted.

In any case where a sign is supported by more than one means and could be construed as being more than one sign type (projecting. wall, freestanding, or window), the area and height restrictions for the most restricted type of sign shall apply.

B. Height of a sign 1. The maximum height to the top of a freestanding sign shall be measured from

the ground level where the sign is mounted. The height of an earth mound on which a sign is mounted shall be included in the allowable height.

2. No sign or part of a sign may extend above the eaves of a sloping roof or the rwf line of a flat roof or a mansard roof.

C. Location of Signs 1. No sign shall be placed in such a position as to endanger traffic on a street by

obscuring view or by interfering with official street signs or signals by virtue of position, color, or reflective surface.

ARTICLE 7

2. A sign located along the right-of-way of a state or federal highway shall comply with all requirements of the state or federal government relating, thereto, in addition to all requirements of this Ordinance.

3. No sign may interfere with a clear sight area, as defined by this Ordinance.

4. Projecting Signs - The lowest edge of a projecting sign shall not be less than seven and one-half feet above the sidewalk or ground level elevation.

5. Signs shall be placed no less than 4 feet from the front lot line and no less than 20 feet from a side lot line, except in the Town Center District where signs may be placed closer to front and side lot lines. Within the Town Center District signs shall be placed on the building side of the sidewalk and not on the street side of the sidewalk, except for official governmental or Borough signs.

D. Illumination of Signs

The only illumination permitted for signs shall be illumination from an external light focused on the sign. A light illuminating a sign shall be arranged so that the source of the light is not visible from any point off the lot and that only the sign is illuminated. No internally illuminated signs are permitted and no use of LED displays, diodes, or self-illuminating signs are permitted.

E. Construction of Signs

1. Supports for a sign or sign structure shall conform to the requirements set forth in the Borough Building Code.

2. Signs using electricity shall be installed in conformance with the latest Newtown Borough Electric Code.

3. Every sign permitted in the Ordinance must be constructed with durable materials and must be kept on good condition and repair or must be removed.

F. Window Signs

A window sign may be painted onto the interior or exterior of a storefront window and/or made of lettering material which is permanently affixed to a storefront window and shall be first reviewed for a recommendation by the Newtown Borough Board of Historical Architectural Review and for approval by Newtown Borough Council if located with the Historic District; or if the storefront window is not in the Historic District, the window sign shall be considered for approval by Borough Council.

G. Signs in the Historic District

In the Historic District, the following regulations shall apply in addition to all other regulations herein.

ARTICLE 7

1. A Certificate of Appropriateness shall be obtained from the Borough pursuant to the Historic District Ordinance for the use, erection, structural repair, alteration, moving, removal, repainting, or demolition of any sign for any use in the historic district.

2. Application shall be made to the COA Administrator and the application shall be reviewed by the Borough prior to the issuance of a sign permit.

9703 Exempt Signs

A. No sign permit for exempt signs is needed, but an application must be made pursuant to the Newtown Borough Historic District Ordinance for signs in the Historic District and a certificate of appropriateness is required.

B. The following signs, to the extent indicated, are exempt from the requirement of obtaining a sign permit but shall be erected only in accordance with the standards set for these signs.

1. Street Sign - Official highway sign, streets name, directional, or other traffic sign erected in accordance with the Pennsylvania Motor Vehicle Code.

No Trespassing Sign - A sign not exceeding two (2) square feet, indicate the prohibition or control of fishing, hunting, trespassing, etc. or a sign indicating a private road.

Residential Identification Sign - A sign, not exceeding two (2) square feet bearing only the property number, street address, and/or names of the occupants of the residence, or the name of the dwelling. The sign shall be unilluminated.

Governmental Flag or Insignia - Flags, other than those flown by local, state or federal governments, are permitted provided that they do not exceed a size of 6 feet by 10 feet and are affixed to a pole no higher than 25 feet.

Legal Notice, provided the Notice shall be removed immediately after the legal requirement is satisfied.

Information Sign - An information or public service sign indicating hours of operation, credit institutions, availability of a public telephone, or directions to an entrance or parking areas, is permitted provided that the sign area does not exceed one (1) square foot and that there shall be no more than two signs of this type per property. Permitted in TC, V-1, V-2, B-1 and 8-2 districts only.

Corners tone

Barber Pole - Revolving barber shop pole sign provided that is does not exceed thirty-six inches in height and that it is erected only in the TC Town Center district in conjunction with a barber shop.

ARTICLE 7

9. Temporary signs of mechanics, artisans, contractors, or architects - A temporary sign erected and maintained during the period any of the above is performing work on the property. No one sign shall exceed six square feet. Only one sign may be erected for each business or contractor. There shall be no more that four such signs displayed on the property at any one time. No illumination is permitted.

10. Temporary Window Sign - A sign or signs displayed on the inside surface of a window for the purpose of advertising a sale, grand opening, new products or services. Temporary window signs may have a total combined sign area of no more than four (4) square feet. A "grand opening" sign may be in place no longer than 15 days. The applicant shall inform the zoning officer of the time period during which the "grand opening" sign will be in place.

11. Yard Sale Sign - An on-site sign advertising a yard sale. Sign shall not exceed four (4) square feet in area and remain up only during the sale but in no case longer than seven (7) days. No more than two yard sale signs shall be permitted per year per property. One sign only shall be permitted per property. No illumination is permitted.

12. Official and governmental signs including safety signs, signs indicating points of interest, historical plaques, public parks or recreation facilities, private parks, signs identifying official borough buildings or facilities. Signs identifying borough buildings, police stations, or other borough facilities may be illuminated by exterior lights focused on the sign.

13. Decorative Flags - Flags that are decorative and contain designs marking seasons, holidays, or the general nature of a business are permitted provided that they contain no lettering, no advertising, no company or business logos, and no names of businesses. Flags may be no larger than three (3) feet by five (5) feet.

14. Political Signs - Temporary signs advertising political parties or candidates for public office may be erected or displayed and maintained, provided that:

a. The signs are erected or displayed by the owner or lessee of the parcel of real property on the parcel or by the candidate, political party or other authorized agent of either of them, with the express permission of the owner or lessee of the parcel of real property;

b. The size of any such sign is not in excess of six (6) square feet;

c. The signs shall not be erected or displayed earlier than sixty (60) days prior to the election to which they pertain;

d. Nothing contained herein shall be construed to permit the placing or erecting of any such signs within a street right-of-way or within or on

ARTICLE 7

any public alley, sidewalk, parking lot or other public place, which said placement is hereby prohibited;

e. The erection of temporary political signs permitted by this section by the owner or lessee of the parcel of real property, candidate, political party or other authorized agent shall not require a permit or other approval; provided, however, that it shall be unlawful for any such owner or lessee of the lot, candidate, political party or other authorized agent to permit such signs to remain erected more than three (3) days after the date of the election to which they relate and failure to remove such signs as required hereby shall subject such offenders to the penalties prescribed in this ordinance; and

f. No illumination is permitted.

15. Activity Signs for Community Groups - A sign advertising a civic, social, community or fund-raising gathering or activity, provided:

a. A sign may be erected no earlier than 30 days prior to the activity to which the sign relates.

b. The sign application shall specify sign locations.

c. The applicant shall obtain written permission to erect such signs from all property owners involved and from the Borough.

d. The size of any such sign shall not exceed twenty-four (24) square feet. In the historic district the size shall not exceed eight (8) square feet.

e. No more than one sign shall be permitted on a single property.

f. The sign shall be removed within 48 hours after conclusion of the event.

§704 Prohibited Signs

The following signs are prohibited:

1. Any sign that states that a property may be used for a non-permitted use.

2. Any sign which flashes, rotates, revolves or oscillates, with the exception of barber poles.

3. Any movable message signs or letters, or signs with internally generated messages or symbols. Any sign that is illuminated by the use of neon or any form of exposed tubes or bulbs or any other internal illumination.

ARTICLE 7

Any -novelty sign, including but not limited to an object (e.g. tire, automobile, food product, etc.), except that novelty signs may be permitted in the historic district provided that the applicant demonstrates to the HARB's satisfaction that such proposed novelty sign has qualities reflective of novelty signs utilized in this region historically.

Any roof sign, i.e. any sign placed above the roof line of a flat roof or the lowest point of eaves of a sloping and mansard roof.

Any sign placed or maintained in such a manner as to interfere with any electric light, power, telephone or cable wires or the supports thereof.

Any sign which imitates any official traffic sign, signal or device.

Any sign that interferes with an official highway sign.

Any banner sign (cloth or plastic or other flexible material sign which is suspended on a building, window, or other supports) except for a temporary activity community sign approved by the Borough Council to identify a borough community or public service event.

Any suspended or attached pennant which blows in the wind or a spinner which spins in the wind.

Any portable sign of any kind is prohibited, including any signs on wheels.

Any vehicle or trailer which is parked on a public right-of-way or on public or private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or on another property.

Except as provided in section 706.G of this Ordinance, any off-premises sign except governmental signs and directory signs for service organizations and places of worship and except temporary activity signs and political signs as permitted herein.

Any sign nailed or in any way attached to a tree or utility pole, except a banner may be attached to a light pole in the Town Center district provided that (a) the banner is permitted in accordance with the provisions of this Ordinance and all other applicable codes of Newtown Borough, (b) the proposed banner and related facilities do not violate any rules or regulations of any applicable utility, and (c) the Borough Council approves in advance the request and the method of installation. Borough Council may attach any reasonable conditions to any such approval, including without limitation the length of time the banner may be attached to the light pole, to ensure compliance with this Ordinance.

ARTICLE 7

5705 Temporary Signs Requiring a Permit

1. Sign for Property Sale or Rent - A sign advertising the sale or rental of a property upon which the sign has been erected or a sign indicating that the property has been sold or rented.

a. A sale or rent sign shall be erected only on the property to which it relates.

b. The area of the sign shall not exceed six (6) square feet.

c. No more than one sign shall be placed on any one property.

d. The sign shall be removed promptly upon settlement or upon execution of the lease.

e. Only one permit shall be required of a real estate agency within any one calendar year.

f. Signs advertising a development of more than one dwelling unit erected by a builder or developer or real estate agent may be erected provided that the sign is placed on the property to which it relates and that it does not exceed a size of twenty (20) square feet.

5706 Permanent Signs Requiring a Permit

A. Residential Uses

1. Individual Dwelling Unit - A sign that identifies an individual dwelling unit does not require a permit and shall be erected in accordance with the provisions of Exempt Signs - Residential Identification Sign.

2. Individual Buildings containing Multiple Dwelling Units - A sign that identifies an individual building containing multiple dwelling units. The sign may identify only the property number, street address and/or the name of the building for a multiple family dwelling development.

a. Number - No more than one sign shall be placed on any one building unless the building is located on a corner lot in which case a sign may be erected on each street frontage.

b. Type - Awning, freestanding, projecting, or wall.

c. Size - Maximum of 8 square feet

d. Height of freestanding sign - maximum of 5 feet

ARTICLE 7

B. Religious, Educational, Recreational, and Institutional Uses

Uses - An identification sign for the following uses is permitted: Place of worship School Library or Museum Public Recreation Facility or Private Park Nursing Home Personal Care Facility Cemetery Emergency Services

Number - No more than one sign except for corner properties where one sign is permitted along each street frontage.

Type - Freestanding, projecting, or wall

Size - 16 square feet maximum for buildings located 35 feet or more from the cartway of the street at the street line; 12 square feet maximum for buildings located less than 35 feet from the cartway of the street at the street line.

Height of freestanding sign - 5 feet maximum

Announcement Board - In addition to the provisions for signs above, one announcement board may be placed on the property for the purpose of announcing events. An announcement board is permitted for the following uses only: place of worship, school, library or museum, emergency services. Size shall not exceed 12 square feet.

C. Office, Retail, Service, and other Commercial Uses - Individual Use of Property

Uses - A sign that identifies an individual use that does not share occupancy of a property with any other use listed in this subsection and which does not share a common building entrance with any other use.

Office Medical Office Community Center Day Care Service Retail or Service Business Financial Establishment Commercial Recreation and Entertainment Restaurant Restaurant with Drive-Through Repair Shop Inn Motor Vehicle Service Station Motor Vehicle Repairs Funeral Home

ARTICLE 7

Sign Options for the Uses listed above - In addition to temporary window signs not requiring a permit (5703.10) and one information sign not requiring a permit (§703.6), only one of the following sign options is permitted:

a. One wall sign with a total sign area equal to no more than 1 square foot of sign area for each linear foot of building length measured along the front of the building, but not exceeding a maximum of 30 square feet.

or b. One wall sign + one projecting sign. The projecting sign shall not

exceed 12 square feet. The total area of both signs together shall not exceed a total of one square foot for each linear foot of building length measured along the front of the building. No wall sign shall exceed 30 square feet.

or c. One freestanding sign + one wall sign. The maximum area of a

freestanding sign is 12 square feet; maximum height of a freestanding sign is 5 feet. Maximum size of the wall sign under this option is 12 square feet.

or d. One freestanding sign + window sign. The maximum area of the

freestanding sign is 12 square feet; maximum height is 5 feet. Maximum size of a window sign or of two window signs combined if the window signs are split between two windows, is 12 square feet. Window signs shall be painted on the window and shall contain only the name of the establishment and type of establishment. The area devoted to window signs may be split evenly between two storefront windows.

or e. One projecting sign + window sign. The maximum size of a projecting

sign is 12 square feet. Maximum size of a window sign or of two window signs combined if the window signs are split between two windows, is 12 square feet. Window signs shall be painted on the window and shall contain only the name of the establishment and type of establishment. The area devoted to window signs may be split evenly between two storefront windows.

or f. One wall sign + window sign. No wall sign shall exceed 30 square feet.

The window sign shall not exceed 12 square feet. If window signage is split between two windows, the total square footage on both windows combined shall not exceed 12 square feet. The total area of all signs together shall not exceed a total of one square foot for each linear foot of building length measured along the front of the building. Window signs shall be painted on the window and shall contain only the name of the establishment and type of establishment. The area devoted to window signs may be split evenly between two storefront windows.

ARTICLE 7

3. If a property is on a corner lot or has frontage on a street and a public parking lot, one additional wall sign may be erected on the side street frontage or the building facade facing the parking lot. The size shall not exceed 12 square feet.

D. Office, Retail, Service, and other Commercial Uses - Joint Use of Property

1. Uses - A sign for a use listed below which shares occupancy of an individual property or combination of properties, but which does not have its own individual entrance directly to a public street, public right of way, or public parking lot, shall only be permitted to have a directory sign, as regulated by subsection 4. below and no other sign.

Office Medical Office Community Center Day Care Service Retail or Service Business Financial Establishment Commercial Recreation and Entertainment Restaurant Restaurant with Drive-Through Repair Shop Inn Motor Vehicle Service Center Motor Vehicle Repair Center Funeral Home

2. Sign Options for the Uses listed above - In addition to temporary window signs not requiring a permit (§703.10) and one information sign not requiring a permit (§703.6), only one of the following sign options is permitted:

a. One wall sign with a total sign area equal to no more than 1 square foot of sign area for each linear foot of building length measured along the front of the building, but not exceeding a maximum of 30 square feet.

or b. One wall sign + one projecting sign. The projecting sign shall not

exceed 12 square feet. The total area of both signs together shall not exceed a total of one square foot for each linear foot of building length measured along the front of the building. No wall sign shall exceed 30 square feet.

or c. One projecting sign + window sign. The maximum size of a projecting

sign is 12 square feet. The maximum size of a window sign or of two window signs combined if the window signs are split between two windows, is 12 square feet. Window signs shall be painted on the window and shall contain only the name of the establishment and type of establishment. The area devoted to window signs may be split evenly between two storefront windows.

or

ARTICLE 7

d. One wall sign + window sign. No wall sign shall exceed 30 square feet. The window sign shall not exceed 12 square feet. If window signage is split between two windows, the total square footage on both windows combined shall not exceed 12 square feet. The total area of all signs together shall not exceed a total of one square foot for each linear foot of building length measured along the front of the building. Window signs shall be painted on the window and shall contain only the name of the establishment and type of establishment. The area devoted to window signs may be split evenly between two storefront windows.

Directory Sign for Group of Establishments

a. Number - No more than one directory sign shall be placed for the joint use, unless it fronts on a corner lot or parking lot, in which case one additional sign may be erected on the public parking lot side.

b. Type - Freestanding or wall

c. Size - 20 square feet maximum for the sign, to be divided among the businesses occupying the building or property jointly .

d. Height of freestanding sign - 5 feet maximum

e. Uniformity - The dimensions of each of the establishments' directory listings shall be exactly the same as the dimensions of each of the other establishments' listings within the directory sign and shall be the same color and style.

E. Industrial, Automobile Sales, and Utility Uses - Individual Use of Property

1. Uses - A sign that identifies an individual use that does not share occupancy of a property with another use listed in this subsection.

Public Utility Automobile Sales Light manufacturing Research Contracting Lumber Yard and Planing Mill Warehousing and Distribution Fuel Storage and Distribution

Sign Options for the Uses listed above - In addition to temporary window signs not requiring a permit (5703.10) and one information sign not requiring a permit (§703.6), only one of the following sign options is permitted:

a. One wall sign with a total sign area equal to no more than 1 square foot of sign area for each linear foot of building length measured along the front of the building, but not exceeding a maximum of 40 square feet.

ARTICLE 7

or b. A combination of no more than two signs, the total combined area of

which does not exceed 1 square foot of sign area for each linear foot of building length measured along the front of the building, but not exceeding a maximum of 40 square feet.

(1) Types permitted - Freestanding, projecting, wall or window.

(2) Maximum size of any single sign is 20 square feet. Height of freestanding sign is 6 feet.

3 Where a use occupies a property more than 120 feet in width along the front of the lot, an additional sign area of 1 square foot for every 5 linear feet of lot width above 120 feet shall be permitted to be added to the total sign area permitted in a. and b. above.

Industrial, Automobile Sales, and Utility Uses - Joint Use of Property

Uses - A sign that identifies a combination of individual use which share occupancy of a property or combination of properties with other establishments or uses.

Public Utility Automobile Sales Light manufacturing Research Contracting Lumber Yard and Planing Mill Warehousing and Distribution Fuel Storage and Distribution

2. Directory Sign

a. Number - No more than one sign that identifies the complex shall be erected at each vehicular entrance along a public street; however, no more than 1 sign per street frontage shall be permitted.

b. Type - Freestanding or wall

c. Size - Total sign area shall not exceed 24 square feet. Each establishment shall have a sign area on the directory sign.

d. Maximum height of freestanding sign - 6 feet

e. Illumination - Signs may be illuminated except in the historic district where they shall be unilluminated.

Individual Establishment Signs

ARTICLE 7

a. Number - No more than one sign shall be erected for any establishment unless such establishment has a facade and an entrance on more than one street, in which case one sign may be erected for each street frontage.

b. Type - Projecting, wall or window

c. Size - Maximum size of 20 square feet

G. Off-Premises Signs

1. An off-premises sign is a sign that directs attention to an activity or use not conducted on the same premises. An off-premises advertising sign is an off- premises sign that advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot upon which the sign is located.

Except for off-premises signs permitted in sections 703 or 705 of this Ordinance, off-premises signs shall only be permitted in the B-1, Business Gateway, zoning district.

Off-premises signs may exist instead of, but not in addition to, another permitted freestanding sign on a given premises. Where a premise is allowed two or more freestanding signs, an off-premises sign may be used to substitute for one of the freestanding signs.

Only one (1) off-premises sign may be erected on any property.

Off-premises signs shall be non-illuminated signs; and shall be either freestanding, wall or window signs.

Placement of off-premises signs.

a. no off-premises sign shall be erected or maintained within twenty-five (25) feet of the future right-of-way of any public or private street.

b. no off-premises sign or any part thereof shall be erected or maintained within 50 feet of any side or rear property line.

c. no off-premises sign shall be erected within 250 feet of any other such sign or other freestanding sign or residential dwelling unit.

Area of off-premises signs. No off-premises sign, advertising or otherwise, shall be permitted to exceed a maximum area of twelve (12) square feet, including border but excluding supports and decorative trim which is not part of the copy content of the display.

8. Any off-premises sign shall not exceed a maximum height of five (5) feet.

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H. Accessory Uses

1. The following accessory uses and no others are permitted to have signs: Home Occupation - Type I1 Bed and Breakfast Car Wash

Number - No more than one sign shall be placed on a property containing an accessory office or a bed and breakfast, in addition to a permitted residential identification sign.

3. Type - Freestanding, projecting, or wall

4. Size - 3 square feet maximum

5. Maximum height of freestanding sign - 3 feet maximum

5707 Nonconforming Signs

The following regulations shall apply to signs legally existing at the time of passage of this Ordinance that do not conform in use, location, type, height or size with the regulations of the district in which the sign is located.

1. Any sign existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of the district in which the sign is located shall be considered a nonconforming sign and may continue in such use in its present location. Any replacement sign for the same use may be erected, upon issuance of a sign permit, so long as no changes are made to a nonconforming sign which would increase the extent of the nonconformity.

A sign not complying with this ordinance may continue if a building or structure is renovated. If a building or structure is demolished and rebuilt, signs must be made to conform to this ordinance.

ARTICLE 7

ARTICLE 7

Article 8 NONCONTORMITIES

§SO0 Definitions

NONCONFORMING LOT - See Definition in Article 2.

2. NONCONFORMING STRUCTURE - See Definition in Article 2.

NONCONFORMING USE - See Definition in Article 2.

5801 Continuation

The lawful nonconforming use of any structure or land existing at the effective date of this Ordinance may be continued, except as otherwise provided in this Article, even though such use does not conform with the provisions of this Ordinance. A nonconforming sign may not be replaced if destroyed.

5802 Alteration or Extension

A. Nonconforming Structures: Nonconforming structures may be altered, reconstructed, or enlarged provided that such alteration conforms with all the dimensional requirements of this Ordinance, except for the nonconforming requirement. Alteration shall not increase the extent of the nonconformity existing on the effective date of this Ordinance; however, the alteration may extend the nonconforming part of the structure along the same line, plane, or dimension as existed on the effective date of this ordinance for a distance not to exceed 16 linear feet. In the case of a nonconforming structure that is used by a nonconforming use, such alteration, extension, or enlargement shall also meet the requirements of paragraph C. of this Section.

8. Nonconforming Lots: No nonconforming lot shall be reduced in size, except as may be specifically permitted by this ordinance as part of flexible standards. The provisions of Article 6 which establish minimum lot size shall not prevent the construction of a structure on any lot that was lawful when created and which, prior to the effective date of this Ordinance, was in separate ownership duly recorded by plan or deed; and provided that:

1. The dimensions of the front and rear yards shall meet the normal requirements of the District in which the lot is located if possible.

2. The side yards shall meet the normal requirements of the District in which the lot is located, but in no case shall either side yard be less than five (5) feet.

3. The use of the nonconforming lot shall be required to conform to the permitted uses within the district in which the lot lies.

C. Nonconforming Uses: Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

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1. The alteration, reconstruction, extension or enlargement shall be only by special exception under the provisions of Article 10, Zoning Hearing Board.

2. The alteration, reconstruction, extension or enlargement shall be only upon the same lot held in single and separate ownership at the time the use became nonconforming, even if it became nonconforming as the result of a zoning ordinance enacted prior to this ordinance.

3. The proposed extension shall conform with the area, building height, parking, sign, impervious surface, and other requirements this Ordinance and of the district in which said extension is located.

4. A use that does not conform to the use regulations of the district in which it is located may not be expanded more than twenty-five (25%) percent in floor area, land area, and building volume devoted to such use existing at the time the use became nonconforming under this or previous ordinance, during the life of the nonconformity. The 25 percent limit shall apply to all three standards of measurement (floor area, land area, and building volume). Uses that have reached the maximum expansion permitted under this Ordinance and a . previous ordinances are not eligible for further expansion under this Ordinance. A structure that is nonconforming in terms of height shall not be extended to increase the height.

§SO3 Reconstruction

A. A non-conforming structure or structure occupied by a non-conforming use which has been damaged by fire or by other natural causes (as contrasted with deterioration due to time or neglect):

1. shall only be demolished in conformity with the demolition regulations of this Ordinances; and

2. shall only be reconstructed in the exact location of the original footprint of the structure, or so as to reduce the nonconformity, and in conformity with all regulations of this Ordinance.

B. Building permits must be obtained and work must be commenced on the reconstruction of the structure within one year after the demolition of the old structure, the reconstruction must be carried on without interruption, and the reconstructed structure shall not exceed the height, area or volume of the demolished structure. except as otherwise provided in Section 802.

$804 Discontinued Use

Whenever a nonconforming use has been discontinued for a period of two (2) years, the use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this Ordinance.

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$805 Changes

Once changed to a conforming use, no structure or use shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:

1. The change shall be permitted only by the Zoning Hearing Board, under the provisions of Article 10.

2. The applicant shall show that a nonconforming use cannot reasonably be changed to a permitted use in the district where such nonconforming use is located.

The applicant shall show that the proposed change will be less objectionable in external effects on the immelate area and the borough as a whole than the existing nonconforming use with respect to:

a. Traffic generation and congestion including truck, passenger car and pedestrian traffic.

b. Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration.

c. Storage and waste disposal

d. Lighting

e. Appearance and consistency with the borough's goals of preserving historic character and architecture.

4. The new use must comply with all applicable regulations for that use as set forth in this and all other borough ordinances.

5. All parking requirements for the use must be met.

9806 Displacement

No nonconforming use shall be extended to displace a conforming use.

ARTICLE 8

ARTICLE 8

Article 9 ADMINISTRATION

9900 Zoning Officer

The provisions of this ordinance shall be administered and enforced by the Zoning, Officer, with the aid of Borough Council and police department, and who shall be appointed by the Borough Council and shall hold no other office in the Borough. It shall be the duty of the Zoning Officer, and he/she is hereby given the power and authority, to:

A. Receive and examine all applications for zoning permits; and to require in the zoning officer's discretion, that any application be accompanied by a survey plan or other sealed plan related to the application.

B. Review zoning permit applications for compliance with the provisions of this ordinance, all other applicable ordinances and with all Federal, State, County, and local laws and regulations which are relevant to the subject property.

C. Process zoning permit applications for all permitted uses and issue permits only where there is compliance with the provisions of this Ordinance, with other Borough ordinance, and with the laws and regulations of the county, commonwealth and federal governments. Permits for construction of uses required a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits requiring approval by Borough Council shall be issued only after receipt of approval from Borough Council.

D. Receive applications for curative amendments and zoning changes, and forward them to Borough Council, the planning commission, or other appropriate bodies.

E. Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereon.

F. Following the refusal of a permit, to receive applications for interpretation, appeals, and variances and forward these applications to the Zoning Hearing Board for action thereon.

G. Conduct investigations to determine compliance or noncompliance with the terms of this Ordinance. The Zoning office or his/her representative may enter any borough property provided that the property owner receives prior notification, or seek permission from the appropriate governmental authorities for entry in accordance with subsection 0.

H. Enforce the provisions of this Ordinance by the issuance of stop, cease, or desist orders or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms, or corporations deemed by the zoning officers to Be violating the terms of this ordinance.

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Institute civil enforcement proceedings as a means of enforcement when acting with the approval or direction of Borough Council.

Maintain a map or maps showing the current zoning classifications of all land in the Borough.

Keep a permanent record of all plans and applications for permits and all permits issued with the notation as to special conditions attached thereto.

Revoke any order or zoning permit issued under mistake of fact or contrary to the law or the provisions of this Ordinance.

M. Enlist the assistance of other municipal agents and agencies in performing these responsibilities.

N. Present such facts, records, and any similar information to the Planning Commission, Zoning Hearing Board, or Borough Council upon their request.

0. The Newtown Borough Zoning Officer, and/or any duly authorized representative or agent thereof, shall have the power and duty to inspect and conduct surveys of all buildings, structures, premises, signs, lots, and parcels of land for the purposes of inspecting, determining compliance and/or enforcing the terms and conditions of this Ordinance. In carrying out such duties, the Zoning Officer or his/her representative may enter upon any land, building or structure with the consent of the owner or occupant thereof. In the event that access is denied, the Zoning Officer may apply to obtain an administrative search warrant in the time and manner prescribed by law to search the subject buildng, structure, premises, sign or lot for the purposes set forth in this Ordinance. In the event the Zoning Officer is denied access to any building, structure, premises, sign or lot following the proper issuance of an administrative search warrant, the Zoning Officer may institute any and all appropriate civil enforcement proceedings.

5901 Zoning Permit and Other Permits and Approvals Required

A. Subdivision and/or land development approval may be required before a use permit is issued. Certain uses may require approval from the Zoning Hearing Board as special exceptions or variances, or from Borough Council for conditional use, in which case the Zoning Hearing Board or Borough Council approval shall be received prior to the granting of a zoning use permit or subdivision/land development approval. The definition of "land development'' found in the Act and the Newtown Borough subdivision and land development ordinance shall be used in determining uses or changes that require land development approval.

B. Use Permits

1. Requirements of Use Permits - It shall be unlawful for any person to make any use of any building or other structure or land until a use permit has been duly issued therefor. Use permits shall be required prior to any of the following:

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Use of any building or other structure hereinafter erected, reconstructed, changed, improved, or enlarged for which a building permit or frontage improvement permit is required;

b. Change in use of any building or structure;

c. Use of land or change in the uses thereof, except that the placing of vacant land under cultivation shall not require a use or occupancy permii;

d. Change in use or expansion of a nonconforn~ing use.

2. Application for Use Pern~its - All applications for use permits shall be made to the zoning officer in writing on forms fiirnished bji the Borough and shall include all information necessary to enable the zoning officer to ascertain compliance with this Ordinance. Whenever the use of a premises involves a new building or structure or alterations to an existing structure, application for a use permit shall be made prior to application for a building permit. When no construction or alteration is involved, application for a use permit and an occupancy permit may be made simultaneously at any time prior to the use or occupancy of the structure or land.

3. Issuance of Use permits - No use permits shall be issued until the zoning officer has certified that the proposed use of land or existing or proposed building or structure complies with the provisions of the applicable zoning district and other provisions of this Ordinance. Issuance of a use permit does not permit occupancy; an occupancy permit is also required.

4. The zoning officer may require any of the following information to be provided:

a. Statement as to the proposed use of the building, structure or land;

b. A site layout showing the location, dimensions, and height of proposed buildings or uses and any existing buildings in relation to property and street lines;

The location, size, arrangement, and capacity of all areas to be used for motor vehicles access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas.

The location, dimensions, and arrangements of all open spaces, yards and buffer yards, including methods to be employed for any required screening.

e. Provisions to he made for treatment and disposal of sewage and industrial wastes, water supply, and storm drainage.

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f. The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density.

€5 A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards, and other safety hazards.

h. Wherever the topography and vegetation are to be disturbed, a plan for the control of erosion and sediment and grading is required. It shall be unlawful to pave, fill, strip or change the existing grade of any land; and it shall be unlawful to disturb, modify, divert, block, or affect the natural overland or subsurface flow of storm water within the Borough without first securing approval from the Bucks County Conservation District (if applicable), the borough engineer, land development approval (if applicable), and a zoning permit.

C. Frontage and Storm Drainage Improvement Permit; Impervious Surface Permits

1. Requirement of Frontage and Storm Drainage Improvement Permit - It shall be unlawful for any person to make any frontage or storm drainage improvement to any structure or lot until a frontage and storm drainage improvement permit has been duly issued therefor. A frontage and storm drainage improvement permit is required prior to any one of the following activities:

a. Installing, altering, constructing, repairing or replacing any existing or proposed curb.

b. Installing, altering, constructing, repairing or replacing any existing or proposed sidewalk.

c. Installing, altering, constructing, repairing or replacing any existing or proposed driveway apron from the street line to the right-of-way line.

d. Installing, altering, constructing, repairing or replacing any existing or proposed retaining wall wholly or partially within or adjacent to the right-of-way.

e. Installing, altering, constructing, repairing or replacing any storm drainage improvement, but not including gutters attached to a building or structure.

f. Installing or adding more than 300 square feet, whether initially or cumulatively, of new impervious surface to any lot.

Impervious Surface Permit - Except as provided in this Subsection (C), it shall be unlawful for any person to install or add up to 300 square feet of new impervious surface to any lot until an impervious surface permit has been duly issued therefore.

ARTICLE 9

a. An impervious surface permit is required prior to adding impervious surface for any purpose, including but not limited to, driveways, walkways, decks or other concrete slabs.

b. If any proposed activity requiring an impervious surface permit would also require a frontage and storm drainage permit, only a frontage and storm drainage permit is required; unless, in the zoning officer's discretion, the frontage and storm drainage improvement is clearly incidental to the proposed activity, in which case only an impervious surface permit is required.

3. Applications for Frontage and Storm Drainage Improvement Permits and Impervious Surface Permits.

a. All applications for frontage and storm drainage improvement permits and impervious surface permits shall be made to the zoning officer in writing on a form provided by the Newtown Borough; and shall be accompanied by the name and address of the contractor who is going to install the proposed improvements. The application shall include a plot plan of the property, showing in detail the improvements to be installed on the said property, including, but not limited to:

(1) The location, width, manner, and type of construction of the sidewalk, curb, retaining wall, driveway, walkway or any other similar improvement on the property and in front of the property where relevant.

(2) All storm drainage improvements, impoundments, pipe size, drainage swales, ditches, pipes, etc. including the size and type proposed to be put at any location on the property.

(3) The grading of the property.

b. The applicant shall submit four (4) copies of the application and plan, to be distributed as follows:

(1) For impervious surface permits, four (4) to the zoning officer.

(2) For frontage and storm drainage permits, one (1) to the zoning officer and three (3) to the Borough engineer.

c. For frontage and storm drainage improvement permits, after the borough engineer approves the plan, he shall return one (1) copy to the applicant and one (1) copy to the zoning officer.

4. Issuance of Permits.

ARTICLE 9

a. All frontage and storm drainage improvement permits shall be issued by the Borough engineer. All impervious surface permits, where required, shall be issued by the zoning officer. No occupancy permit shall be issued for any proposed activity until the work is approved by the borough engineer or zoning officer as applicable.

b. The improvements shall be inspected and approved by the borough engineer or zoning officer, where applicable. The applicant and/or contractor doing the work is required to notify the borough engineer and zoning officer at least forty-eight (48) hours before any work is started in connection with the installation of the improvements.

c. The zoning officer shall not issue an occupancy permit for the structure or use until he receives a letter or certificate from the borough engineer stating that the facilities have been completed and installed in a satisfactory manner in compliance with the terms of the application that has been filed.

Building Permits - All requirements of the Newtown Borough Building Code shall be followed.

1. Building without Permit Unlawful - No building permit shall be issued unless a use permit has been approved or issued or determined by the Zoning Officer not to be required. It shall be unlawful for any person to commence work for the erection, alteration, or enlargement of any building, structure, or portion thereof until a zoning review, use permit (if required) and a building permit has been duly issued.

Permits within the Historic District - For any erection, alteration, or enlargement of any building or other structure, or portion thereof, within the Historic District, the permit application shall first be processed in accordance with the provisions of Chapter 96, as amended, of the Newtown Borough Code of Ordinances pertaining to the Historic District prior to the issuance of a building permit .

Application for Building Permits - All applications for building permits shall be made to the Borough in writing on a form furnished by the Borough and shall be accompanied by a plot plan drawn accurately showing the exact size and location of any buildings or other structures existing on the lot in question within which the proposed building or other structure shall be erected, altered, or enlarged. There shall in addition be included with all applications such other plans, documents, and information as may be necessary to enable the building inspector to ascertain compliance with the Newtown Borough building code.

Issuance of Building Permits

a. A building permit shall not be issued until the building inspector and zoning officer have certified that the proposed building, structure,

ARTICLE 9

alteration or enlargement complies with the provisions of this ordinance, the building code, and other applicable codes and ordinances.

A building permit application for any new use or construction or for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of shall not be issued until a certificate of approval has been issued by the Newtown, Bucks County, Joint Municipal Authority.

Documentation of adequate capacity and hook-up for public water and sewer must be provided to the Borough before a building permit will be issued.

All applications for a building permit shall be acted upon by Newtown Borough within 90 days from the date a complete application with payment of all fees is received by Newtown Borough.

Upon completion of the erection, alteration or enlargement of any building. structure or portion thereof, authorized by any building permit obtained in compliance with this ordinance and prior to occupancy, the holder of such permit shall notify the building inspector of such completion. Until the inspector completes his inspection and approval, the building will not be considered complete and the zoning officer will not approve for occupancy, as hereinafter provided. A building permit that has not become vested in the applicant shall be valid only for a period of one year from the date of its issuance.

E. Occupancy Permits

1. Requirement of Occupancy Permits - It shall be unlawful for any person to occupy any building or other structure or land under any of the conditions listed below until an occupancy permit has been duly issued therefor. Occupancy permits shall be required prior to any of the following:

a. Initial occupancy of any building space or other structure intended for occupancy hereinafter erected, altered or enlarged for which a building permit is required.

b. Change in use of any building or structure.

c. Change in occupancy of any building or structure in any commercial or industrial building.

d. Change in use or expansion of a nonconforming use.

2. Application for Occupancy Permits - All applications for occupancy permits shall be made to the zoning officer in writing on forms furnished by the

131 ARTICLE 9

borough and shall include all information necessary to enable the zoning officer to ascertain compliance with this Ordinance. When use of premises involves a new building or structure, application for a use permit then a building permit shall be made prior to application for an occupancy permit.

3. Issuance of Occupancy Permits.

a. No land, or building or structure erected pursuant to obtaining a use permit and/or a building permit shall be occupied until inspected and certified as to compliance with all zoning, erosion and sedimentation control, final grading, construction, safety, and sanitary ordinances, codes, and regulations, and until an occupancy permit has been issued by the zoning officer. Prior to, and as a condition of, the issuance of an occupancy permit for new residential construction, the borough shall require that all conditions of any subdivision or land development, including but not limited to recording of all plans and easements, shall have been completed to the satisfaction of the borough.

b. An occupancy permit shall not be issued by the Zoning Officer until the Zoning Officer has received letters from authorized representatives of the Newtown Artesian Water Company, the Newtown, Bucks County, Joint Municipal Authority, and the Municipal Fire Inspector certifying compliance with all of their respective requirements and payment of all fees and costs for all necessary permits and inspections.

4. Issuance of Temporary Occupancy Permits - A temporary use or occupancy permit may be granted for a period not to exceed ninety (90) days prior to the completion of construction, provided that all structural work is completed, all permits relating to sewage and water have been obtained and filed with Newtown Borough and all permit fees have been paid; and provided further that the person seeking the temporary use and occupancy permit posts with Newtown Borough pursuant to an escrow agreement in a form satisfactory to the borough solicitor, sufficient funds to complete the construction, grading, and all other required improvements. The building inspector and zoning officer must approve all temporary occupancy permits.

F. Sign Permit - See Article 7 of this Ordinance.

G. Demolition Permit

1. Requirement for Demolition Permit - No building or other structure may be demolished without first securing a demolition permit. It shall be unlawful for any person to commence the demolition of any building, structure, or portion thereof until a permit has been duly issued therefor.

2. Application for Demolition Permit - An application for a demolition permit shall be made to the Borough Building Inspector, in writing, on a form furnished by the Borough. The borough shall send a copy of the demolition

132 ARTICLE 9

permit application to the Newtown Joint Historic Commission and, if required, to the Historic Architectural Review Board.

3. Issuance of Demolition Permit

a. The building inspector shall hold any application for a permit to demolish a building for a period not exceeding thirty (30) days from the date of the application. During the thirty (30) day period, the applicant shall permit Newtown Borough and/or its duly authorized Historic Commission and/or such consultants as are experts in the fields of architectural restoration, structural engineering, and like fields as the municipality or the Historic Commission sees fit, to enter upon and inspect the structure to be demolished to assess its historical significance. If the application is for a property which is found to be on the National Register of Historical Places or is found to be eligible for registration on the National Register of Historical Places, the application shall be held for an additional sixty (60) days to permit time to investigate how the property may be preserved.

b. If historically significant features are discovered, e.g. stairways, decorative trim paneling, beams, etc., during the period the application is held, the applicant shall cooperate with the municipality in permitting these features to be removed for preservation before the building is demolished. When used in this section, the word "demolish" or "demolition" shall mean to alter a structure by rendering it unfit for use to such an extent that repair is not feasible or is so costly as to be economically prohibited.

c. Emergency permits for demolition may be issued upon approval by the building inspector and borough engineer if a building must be demolished immediately for health or safety reasons.

H. Fence Permit

No fence may be constructed, altered, extended, or reconstructed without first securing a permit. Except as modified in this subsection, the application process shall be governed by the provisions of Section 901(B), pertaining to use permits, and the standards for any fences to be constructed, altered, extended or reconstructed shall be those standards for fences as set forth in this Ordinance. No fee is required for a fence permit. No fence permit is required for repairs or maintenance.

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5902 Expiration of Special Exceptions and Variances

A. A special exception or variance shall expire if the applicant fails to obtain a use permit within six (6) months of the date of the granting of the special exception or variance; provided, however, that:

1 If the subject matter of the use ultimately constitutes either a subdivision or land development, the special exception or variance shall expire if the applicant fails to file the required subdivision or land development plan within six months of the granting of the special exception or variance; provided, however. that the applicant shall have six (6) months after the final linen plans of the subdivision or land development are approved and recorded to obtain a use permit.

2. The Borough Council may grant one (1) extension of time if the landowner or his agent requests such an extension, and if good cause for the extension is shown; provided, however, that the extension shall be for no more than one (1) year.

5903 Fees

A. The fees for each permit shall be in accordance with the permit fee schedule adopted by resolution by the Borough Council from time to time.

B. In the event that an applicant shall commence construction, demolition, or any other action without first obtaining all required permits and all necessary Certificates of Appropriateness, the amounts of the permit fees, as otherwise established by the Fee Schedule adopted by Resolution of the Borough Council, shall be increased to the greater of: a) One Hundred Dollars ($100.00). or b) an amount equal to double the original application fees which were to have been paid for building permits and zoning permits, as required; plus any costs incurred by the Borough, including legal, engineering, and administrative costs, in securing compliance.

5904 Conditional Uses

A. Applicability - Borough Council has the power to approve or disapprove conditional uses when this Ordinance specifically requires the obtaining of such approval.

B. Conditions for Approval

1. In granting a conditional uses, the Borough Council shall make findings of fact consistent with the provisions of this Ordinance. The Borough Council shall not approve a conditional use except in conformance with the conditions and standards outlined in this ordinance.

2. Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all the following general

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requirements as well as any specific requirements and standards listed herein for the proposed use.

a. The proposed development shall be in accordance with the community objectives of the Borough and consistent with the purpose and intent of the applicable zoning district.

b. The proposal shall not be detrimental to the property in the immediate vicinity and which shall be in the best interests of the Borough, the benefit of the community, and the public welfare.

c. The proposal shall be suitable for the property in question and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

d. The proposal shall be in conformance with all applicable requirements of this ordinance and all other municipal ordinances.

e. The proposal shall not result in traffic congestion or traffic safety problems.

3. The burden of proof in a conditional use application shall be on the applicant to establish that all of the conditions are met and in keeping with the intent of this Ordinance.

4. Where an applicant requires subdivision or land development approval in addition to conditional use approval, the applicant has the option to file those applications simultaneously or to file the application for conditional use first and process it to conclusion without first filing subdivision or land development plans. Approval of both conditional use and subdivisionfland development and, where applicable, a Certificate of Appropriateness for uses in the Historic District, shall be required before the issuance of a use, building, occupancy or zoning permit.

C. Application Requirements

1. The applicant shall make a written request to the Borough Council, stating the use applied for.

2. The application shall be accompanied by site and building plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this Ordinance shall accompany the application.

3. Fees. The applicant for any hearing on a conditional use request before the Borough Council shall at the time of making application pay to the zoning officer, for the use of the borough, a fee in accordance with a fee schedule

135 ARTICLE 9

adopted by resolution of the Borough Council as may be amended from time to time.

4. The applicant shall provide written notification to all property owners within 300 feet of the property subject to the conditional use hearing and shall provide proof of such notice at the conditional use hearing.

D. Review Procedures

1. The Borough Council may impose whatever conditions it deems necessary to insure that any proposed development will comply substantially with the objectives of this Ordinance.

2. The Borough Council may request an advisory opinion from the borough planning commission and the Bucks County Planning Commission on any application for a conditional use. Any such advisory opinion, if requested by Council, shall be submitted prior to the date of the public hearing held by the Borough Council on the application.

3. The Borough Council shall hold a hearing upon the request, commencing not later than sixty (60) days after the request is filed, unless the applicant requests or consents in writing to an extension of time; and shall comply with any other time requirements imposed by the Act.

4. Public notice shall be given and written notice shall be given to the applicant, the zoning officer and to all persons who shall own property within 300 feet of any property which shall be the subject of an application before the Borough Council. The applicant shall provide proof that the notice to the property owners within 300 feet is received by the property owners at least one (1) week prior to the hearing.

5. Appeals to Court - Any person aggrieved by a decision of the Newtown Borough Council on a conditional use application may, within thirty (30) days after such decision by the Council, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Act.

E. Hearing. The Borough Council shall conduct hearings and make decisions in accordance with the following:

1. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record, and any other person including civic or community organizations permitted to appear by the Borough Council. The Borough Council may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.

ARTICLE 9

2. The President of Council or acting President shall have the power to administer oaths of witnesses.

3. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

4. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

5. The Borough at its discretion may require a stenographic record of the proceedings, and such transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

6. The Borough Council shall commence, conduct and complete the required hearing in the manner provided in Section 1006.C of this Ordinance and Section 908(1.2) of the Act. The Borough Council shall render a written decision on the application and communicate it to the applicant in the manner provided in Section 1006.K of this Ordinance and Section 913,2(b)(l) of the Act. Where the Borough Council fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in this subsection, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within ten (10) days from the last day it could have met to render a decision in the same manner as required by Section 1006.A of this Ordinance. If the Borough Council shall fail to provide such notice, the applicant may do so.

7. Appeals to Court - Any person aggrieved by a decision of the Newtown Borough Council on a conditional use application may, within thirty days after such decision, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Act.

5905 Historic Architectural Review Board - Uses or activities with the Historic District that are subject to review by the Newtown Borough Historic Architectural Review Board (HARB) shall receive a Certificate of Appropriateness from Council prior to receiving a zoning permit. Any use or activity that requires subdivision, land development, or zoning hearing board approval shall receive such approval prior to appearing before the HARB.

ARTICLE 9

ARTICLE 9

Article 10 ZONING HEARING BOARD

§1001 Establishment and Membership

A. A Zoning Hearing Board, consisting of three (3) members appointed by resolution by the Borough Council for overlapping terms of three (3) years each is established for the purposes of carrying out the functions of a Zoning Hearing Board as provided by law. Members of the Board shall be residents of the Borough and shall hold no other office in the Borough.

B. The Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Board. An alternate shall be entitled to participate in all proceedings and discussions of the board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings when designated as a voting alternate, and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the planning commission and zoning officer. Any alternate may participate in any proceeding or discussion of the board but shall not be entitled to vote as a member of the board nor be compensated unless designated as a voting alternate member.

C. Appointments to fill vacancies shall be only for the unexpired portion of the term.

D. Any board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of Borough Council taken after the member has received fifteen days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

91002 Organization of the Zoning Hearing Board

A. The Board shall elect a Chairman from its membership annually. For the conduct of any hearing and the taking of any action, the quorum shall be not less than a majority of all members of the Board, but the board may appoint a hearing officer from its membership to conduct any hearing on its behalf, in accordance with the Act, as amended.

B. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairman of the board shall designate from the officially appointed alternate members as many alternate members of the board to sit on the board as may be needed to provide a quorum. Any alternate member of the board shall continue to serve on the board in all proceedings involving the matter or case for which the alternate was initially appointed until the board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.

ARTICLE 10

C. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the Commonwealth. Within the limits of funds provided by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

D. Members of the board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council. Alternate members of the board may receive compensation, as may be fixed by the Borough Council, for the performance of their duties when designated as alternate members, but in no case shall such compensation exceed the rate of compensation authorized to be paid to members of the Borough Council.

51003 Persons Entitled to Initiate Action before the Board and Jurisdiction

A. Appeals under this section may be filed with the board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved. Requests for a variance and for a special exception may be filed with the board by any landowner or any tenant with the permission of such landowner.

8. The zoning hearing board shall have exclusive jurisdiction to hear and render final adjudication in the following matters:

1. Substantive challenges to the validity of any land use ordinance, except those brought before the Borough Council pursuant to this Ordinance.

Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of the ordinance.

Appeals from the determination of the zoning officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

Appeals from a determination by a municipal engineer or the zoning officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions within a land use ordinance.

Applications for variances from the terms of this Ordinance.

Applications for special exceptions under this Ordinance.

ARTICLE 10

7. Appeals from the zoning officer's determination under 5916.2 of the Act, as amended.

8. Appeals from the determination of the zoning officer or Borough engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relates to developments not involving applications for subdivisions or land developments, as defined by the Act, as amended.

51004 Manner of Initiating Action before the Board

All action before the Board shall be initiated by a written application for hearing that shall be .

filed with the Zoning Officer. All applications shall be made on forms specified by the Board, and no applications shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached. Once an application has been accepted by the Zoning Officer and distributed to one or more necessary recipients of the application, the application will not be permitted to be amended, except with special leave from the Board.

51005 Time Limitations

Time limitations and time frames for hearings and decisions shall be in accordance with the Act and this Ordinance.

51006 Hearings

The Board shall meet to hear and consider such matters that shall properly come before it. All such meetings shall be open to the public.

A. Notice - Public notice shall be given and written notice shall be given to the applicant, the zoning officer, and to all persons who shail own property within 300 feet of any property which shall be the subject of an application before the Board. The applicant shall provide proof that the notice to the property owners within 300 feet is received by the property owners at least one (1) week prior to the hearing. In addition to the notice provided herein, notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.

B. The Borough Council may prescribe reasonable fees with respect to hearings before the zoning hearing board. Fees for said hearings may include compensation for the secretary and members of the zoning hearing board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the zoning hearing board, expenses for engineering, architectural or other technical consultants or expert witness costs.

C. The first hearing before the Board or hearing officer shall be commenced within sixty (60) days from the date of receipt of the applicant's completed application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within forty-five (45) days of the prior

141 ARTICLE 10

hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of this case-in-chief within one hundred (100) days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven (7) hours of hearings within the one hundred (100) days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within one hundred (100) days of the first hearing held after the completion of the applicant's case- in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and Newtown Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

D. The hearings shall be conducted by the board or the board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the board, however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decisions or findings by the board and accept the decision or findings of the hearing officer as final.

E. The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the board, and any other person includng civic or community organizations permitted to appear by the board. The board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

F. The chairman or acting chairman shall having the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties.

G. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

H. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

I. The board or the hearing officer shall keep a stenographic record of the proceedings. The cost of the original transcript shall be paid by the board if the transcript is ordered by the board or hearing officer or shall be paid by the person appealing from the decision of the board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

J - The board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any

142 ARTICLE 10

communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. Board as used herein shall include the members of the board as well as any secretary, clerk, legal counsel, or consultant.

K. The Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty- five days after the last hearing before the board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Act, this Ordinance, or other rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusions are deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report of the hearing officer. Except for challenges filed under section 916.1 of the Act or Section 1010 of this Ordinance, where the Board fails to render the decision within the period required by this subsection K or fails to commence, conduct or complete the required hearing as provided in Section 1006.C, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinafter provided, the board shall give public notice of said decision within ten days from the last day it could have met to render a decision in the same manner as provided in 51006.L . of this Ordinance. If the board shall fail to provide such notice, the appellant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

L. A copy of the final decision, or where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision. To all other persons who have filed their name and address with the board not later than the last day of the hearing, the board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

M. Appeals to the Court - Any person aggrieved by any decisions of the Board may, within thirty days after such decisions of the Board, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Act, as amended.

ARTICLE 10

$1007 Variances

A. The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship on the applicant. The board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The board may grant a variance provided that all the following findings are made where relevant in a given case:

1. That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

That such unnecessary hardship has not been created by the appellant;

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

That the variance if authorized will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

B. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this Ordinance.

91008 Special Exceptions

Where this Ordinance has provided for stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance, as it may deem necessary to implement the purposes of this Or din ance.

91009 Additional Factors to be Considered

A. In passing upon applications for special exceptions and variances the Board shall consider all relevant factors and procedures specified in other sections of this Ordinance, including Article 4, Use Regulations. In the case of an application for a

ARTICLE 10

special exception or a variance to the provisions of the Flood Plain District, the Zoning Hearing Board shall consider the additional factors as specified in Section 508 of this Ordinance.

Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with local laws or ordinances.

Validity of Ordinance; Substantive Questions

A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the zoning hearing board in accordance with this Article or to the Borough Council together with a request for a curative amendment in accordance with the provisions of this Ordinance.

Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions thereof, who desires to challenge the validity on substantive grounds shall first submit their challenge to the zoning hearing board for a decision thereon.

The submissions referred to in sections A. and B. above shall be governed by the criteria set forth in Section 916.1 (c) of the Act, as amended.

The zoning hearing board shall commence its hearing within 60 days after the request is filed unless the landowner requests or consents to an extension of time and shall comply with any other time requirements of the Act, as amended.

Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public.

The challenge may be deemed denied under the conditions set forth in section 916.1 (f) of the Act, as amended.

Stay of Proceedings - Upon filing of any proceeding and during its pendency before the Board, all land developmentprsuant to any challenged ordinance, order or approval of the zoning officer or any agency or body, and all official action thereunder, shall be stayed in accordance with 5915.1 of the Act, as amended.

ARTICLE 10

ARTICLE 10

Article 11 AMENDMENTS AND APPEALS

§I100 Power of Amendment

A. The Borough Council may from time to time amend this Ordinance, including the Zoning Map.

C. Proposals for amendment, supplement, change, or modification or repeal may be initiated by the Borough Council on its own motion, the Borough Planning Commission, or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the Borough community development objectives and the Borough Comprehensive Plan.

§I101 Public Hearings Prior to Amendment

A. Before voting on the enactment of any amendment, the Borough Council shall hold a public hearing pursuant to public notice. Public Notice shall be notice published once for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of hearing, the particular nature of the matter to be considered at the hearing and the full text of the amendment or a brief summary setting forth the general provisions in reasonable detail. The first publication shall no more than 30 days and the second publication not less than seven (7) days from the date of the hearing. Procedures relating to the publication, advertisement, and availability of proposed amendments shall be in accordance with Section 610 of the Act, as amended. If the proposed amendment involves a zoning map change, notice of the public hearing shall be conspicuously posted by the Borough at points deemed sufficient to the Borough along the perimeter of the tract to notify potentially interested citizens, The affected tract or area shall be posted at least one (1) week prior to the date of the hearing. All notification requirements of the Act shall be met.

B. If, after any public hearing held upon an amendment, the proposed amendment changed substantially or is revised to include land previously not affected by it, the Borough Council shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Borough Council shall at least ten (10) days prior to enactment readvertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.

51102 Submission to the Borough Planning Commission and Bucks County Planning Commission

A. In case of an amendment other than one prepared by the Borough Planning Commission, the Borough Council shall submit each such amendment to the Borough Planning Commission at least thirty days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. At least 30 days

147 ARTICLE 11

prior to the hearing on the proposed amendment the Borough shall submit the proposed amendment to the Bucks County Planning Commission for recomrnenda tions.

B. Within thirty (30) days after enactment, a copy of the adopted amendment to the zoning ordinance shall be forwarded to the Bucks County Planning Commission.

§I103 Proposals by Curative Amendments

A. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Act, as amended. The Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the Act, as amended. The curative amendment and challenge shall be referred to the Borough Planning Commission and notice of the hearing thereon shall be given as provided by the Act, as amended.

B. Procedures for the public hearing as set forth on Section 609.1 of the Act, as amended, shall be followed.

C. If the Borough determines that its zoning ordinance or any portion thereof is substantially invalid, it shall follow the procedures as set forth in Section 609.2 of the Act, as amended.

91104 Private Petition for Amendment

Every application for amendment to the Zoning Ordinance shall first be presented to the Borough with the fee as set forth by the Borough Council by resolution, and shall set forth the following, where relevant:

1. The applicant's name and address and his representative and the interest of every person represented in the application.

2. A plan showing the extent of the area to be rezoned, streets bounding and intersecting the area, land use and zoning classification of abutting districts, and tax parcel numbers of the areas to be rezoned.

3. A statement of the circumstances in the proposed district and the abutting districts and any other factors on which the applicant relies as reasons for supporting the proposed rezoning.

4. Information and analysis of traffic and other impacts that may be needed by the Borough to evaluate the proposed amendment. The borough may require any other studies or impact assessments it deems necessary in order to evaluate the proposed zoning change.

ARTICLE 11

5. The proposed changes to the text of the zoning ordinance.

91105 Appeals to Court

The procedures set forth in Article X-A of the Act, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this ordinance or deemed to have been made under this Ordinance.

ARTICLE 11

ARTICLE 11

Article 12 ENFORCEMENT

51200 Enforcement Remedies

A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of the Ordinance shall be paid over to the Borough.

B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

51201 Causes of Action

In case any building, structure, landscaping, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any of the provisions of this Ordinance, the Borough Council, or with the approval of the Council, an officer of the Council, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or use of land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When such action is instituted by a landowner or tenant, notice of that action shall be served upon the Borough at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Borough Council. No such action may be maintained until such notice has been given.

51202 Complaints of Violations

Whenever a violation of this Ordinance occurs, any person may file a written complaint with the zoning officer in regard thereto. The zoning officer shall promptly investigate all complaints and make reports thereon to the Borough Council.

ARTICLE 12

51203 Enforcement Notices

A. If it appears to the Borough that a violation of this ordinance has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

8. The enforcement notice shall state at least the following:

1. The name of the owner of record and any other person against whom the Borough intends to take action.

2. The location of the property in violation.

3. The specific violation with a description of the requirements that have not been met, citing in each instance the applicable provisions of the ordinance.

4. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

That the recipient of the notice has the right to appeal to the zoning hearing board within a prescribed period of time in accordance with procedures set forth in the ordinance.

That failure to con~ply with the notice within the time specified, unless extended by appeal to the zoning hearing board, constitutes a violation.

ARTICLE 12

Article 13 EFFECTIVE DATE

§I300 Effective Date

A. This ordinance is a continuation of and amends the Newtown Borough Zoning Ordinance of 1993, enacted at Ordinance No. 503, effective January 1,1993, and all prior amendments thereto.

B. The effective date of all amendments to this ordinance shall be the effective date set forth in the respective amendment.

ARTICLE 13

INDEX

Page Seetion C.

Page Section

Accessory Structure, Definition 5 5201 Accessory Use, Definition 5 5201 Accessory Uses 43-60 5401(c) Act, Definition 5 5201 Adjacent, Definition 6 5201 Administration 125-137 Art. g Adult Commercial 25 5401(B)1 Alley, Definition 6 5201 Alterations 6 $201 Amendments & Appeals 147 Art. 11 Amendment - Private Petition 148 51104 Apartment Style Dwelling 18 540l(A)3 Appeak to Court 91105

149 5500 Area & Dimensional Reqts. 61 Ash 79 5509(B) Attached Dwelling (Townhouse) 18 540l(A)4 Automobile Sales 25 5401(B)2

B-I, Business Gateway loo-102§608 B-2, Borough Mixed Use 103-104§609 Base Site Area, Definition 6 9201 Bed & Breakfast 51-52 5401(~)3 Boarder, Definition 6 5201 Boarding 51-52 §401(c)4 Boundaries, District 16 5304 BPS 92-93 5604 BR-1 83-84 9600 BR-2 84-86 5601 BR-3 87-88 5602 BR-4 89-91 5603 Buffer, Conditional Use 17 54oo(B) Buffer & Landscape Reqmts 70 5504 Buffer Requirements 70 §504(B) Buffer (Riparian) 73 5506(G) Buffer Yard, Definition 6 5201 Building Area, Definition 6 5201 Building, Definition 6 5201 Building Coverage 6 5201 Building Envelope, Definition 6 5201 Building Permits 130-131 5901(D) Building Scale, Definition 7 5201 Building Setback Line, Defin 7 5201 Build-to Line, Definition 7 5201 Bus Station (Terminal) 36 5401(B)37 Business or Professional (Ofice)34 §401(B)25

Carports - Residential Carwash Cemetery Clear Sight Triangle Closed Loop Geothermal Syst. Commercial or Trade School Commercial Recreation &

Entertainment Community Center Complaints, Enforcement Compliance Required Conditional Uses Conditional Use, General Consistency, Definition Construction, New, Definition Container - Non-Residential Contiguous, Definition Contracting Convenience Store Corner Lot, Definition Curative Amendments

Day-Care Service Decision, Definition Decks - Residential Definitions Definitions, General Definitions, Specific Demolition Permit Determination, Definition Development, Definition Dimensional (&a) Reqts Dimensional Stds. - Appl. Districts District Boundaries Districts, Classes Districts, Fstablishment Drive-through Facility Driveway, Definition Driveways - Residential Duplex Dwelling Dust Dwelling, Definition Dwelling in Combination w/

Business Dwelling Unit, Definition

Page Section E.

Page Section

Easement, Definition 8 5201 Fumes Eaves, Definition 8 5201 Funeral Home Effective Date 153 Art- 13 Effective Date 153 51300 Electrical Disturbance 81 5509(E) Emergency Services 27 §401(B)10 G. Employee, Definition 8 5201 ~nfbr&ment 151-152 Art. 12 Enforcement Officer, Definition 8 5201 Enforcement,

Cause of Action 151 51201 Enforcement,

Complaints 151 51202 Enforcement,

Notices 152 51203 Enforcement Remedies 151 51200 Environmental Protection Std 72-73 5506 Environmental Protection Std

Nuisance 81 §509(F) Expansion, Definition 8 5201 Expiration, Special Exceptions

and Variances 134 $902

Facade, Definition 8 5201 Fapde, Area of, Definition 8 5201 Family, Definition 8 5201 Fees 134 5903 Fence, Definition 8 5201 Fence Permit El3 §901(H) Fences & Walls - Residential 47 §401(C)=ra Fences &Walls - Non-Res. 53 §401(C)ga Financial Establishment 27 §40l(B)11 Floodplain District 73-79 5508 Floodplain Boundary Changes 75 §508(I) Floodplain Expansion of Struct 76 §508(M) Floodplain Interpret ation 75 §508(5) Floodplain Obstructions 76-77 §508(N) Floodplain Spec Exceptions

Variances 7 -79 §508(o) Floodplain Use by Right 75 §508(K) Floodplain Use by Special Excep75-76 §508(L) Floodplains 72 5506(B) Floodplain Zoning District 74 §508(H) Floor Area, Definition 8 5201 Floor Area Ratio, Definition 8 9201 Forestry/Timber Harvesting 27-30 §401(B) 12 Frontage Improvement Permit 128-130§901(C) Fuel Storage & Distribution 30 5401(B)13

Garage, Definition Garages, carports - Residential Garage - Non-Residential Gas Station (Motor Vehicle

Fuel Station) Gasses Geothermal, Closed Loop Glare Ground Cover

HARB. 137 Hearing, Definition 8 Heat 80 Height (General) 61 Height of Bldg or Structure,

Definition 9 Historic District, Definition 9 Historic District & Map 15 Historic Resource, Definition g Home Occupations

Type I - No Impact 43-44 Type 11- A-ry off 44-45 Type 111 - Traditional

Home Office 45-46 Type TV - Family Day

Care 46-47 HVAC (Mechanical Equipment) 60

Impervious Surface, Definition 9 5201 Impervious Surface Permit 128-130§901(C) Impervious surfaces - Res. 47-48 5401(C)2~ Impervious Surface Ratio,

Definition 9 5201 Inn 31 5401(B)~ Interpret ation 2-3 $103

Page Section Page Section

Junk Yard, Definition 9 $201 Jurisdiction 1 $100

Kennel 31 §401(B)16

Landscape (& Buffer) Reqts. 70-71 Landscaped Fencing Reqts. 70 Library or Museum 32 Light Manufacturing 32 Limited Village Retail /

Service Use 32 Liquids, Nuisance 81 Lot, Definition 9 Lot Area, Definition 9 Lot Area & Yard Reqd. (General)61 Lot Width, Definition 10 Lot Line Front, Definition 10 Lot Line Rear, Definition 10 Lot Line Side, Definition 10

Lumber Yard / Planing Mill 32

Manufactured Home, Definition lo Mechanical / Electrical Screen 71 Mechanical Equipment (HVAC) 60 Medical Office 34 Microwave Antenna 54-56 Mobile Home 23 Mobile Home Park 23-24 Motor Vehicle Fuel Station 32-33 Motor Vehicle Service Center /

Repair Shop 34 Multi-Family, Apartment Dwell 18-19 Municipal Building 34 Museum (or Library) 31

Natural Resources Protection 73 5507 New Construction, Definition 10 5201 Noise 80 §509(c) Non-Conforming Lot, Definitionlo 5201 Non-Conforming Lots

Alterations, Extension 121 §802(B) Non-Conforming Structure,

Definition 10 5201 Non-Conforming Structures

Alterations, Extension 121 §802(A) Non-Conforming Use,

Definition 10 5201 Non-Conforming Uses

Alterations, Extension 121-122 §802(C) Non-Conformities 121-123 Art. 8 Non-Conformities,

Alterations or Extensioni21-122 8802 Non-Conformities,

Changes 123 5805 Non-Conformities,

Continuation 121 5801 Non-Conformities, Definition 121 $800 Non-Conformities,

Discontinued Use 122 3804 Non-Conformities,

Displacement 123 3806 Non-Conformities,

Reconstruction 122 5803 Non- Residential Accessory

Structure 52-53 §401(~)5 Non-Residential Uses 25-43 §401(B) Nuisance Standards 79-81 $509 Nursing Home 34 $400124

Occupancy Permit 131-132 §gol(E) Odors 81 §509(G) Office, Business or Professional 34 §401(B)25 Office, Medical 34 §401(B)26 Open Space 81 5510 Open Space, Definition 10 5201 Other Ordinances & Regulation 18 §4oo(G) Outdoor Eating Accessory to a

Restaurant 56-57 §401(C)ll Outdoor Lighting 71-72 5505

General Stds 71 §505(A) Pole Mounted 71 §505(B) Lighting Plan 71 §505(c)

Page Section Page Section

Light at Property Line 71 Max. Lighting Levels 72 Illumination not permit 72

Outside Storage, Non-Res. 53

Parking Design 64 Parking h t i o n s 65 Parking b t Access & Traffic 64 Parking lot Landscaping 65

Parking Requirements 62-70 Residential 67 Home Occupation 11, IV 67 Adult Commercial 67 Automobile Sales 67 Bed & Breakfast 67 Boarding 67 Cemetery 67 Commercial or Trade

School 67 Commercial Recreation 67 Community Center 67 Contracting 67 Convenience Store 67 Day Care Service 68 Dwelling in Comb w/

Business 68 Emergency Services 68 Financial Establishment68 Forestry/Timber 68 Fuel Storage & Dist. 68 Funeral Home 68 No-Impact Home Bus 68 Inn 68 Kennel 68 LibraryorMuseum 68 Ltd. Village Retail/Serv 68 Lumber Yd/Planing 68 Light Manufacturing 68 Motor Vehicle Fuel Sta 68 Motor Veh. Sew Station 68 Office, Bus or Prof. 69 Office, Medical 69 Nursing Home,

Personal Care 69 Place of Worship 69 Private Club 69 Public Recreation Facil 69 Public Utility 69 Repair Shop 69 Research 69

Restaurant w/drive-thru

Restaurant Village Retail Trade &

Service Bus. School Telemmmunications Terminal Veterinary Warehouse &

Distribution

Parking Requirements Reduction for Non-Res 65-66 &02(I)

Parking Space - Fraction 65 5502(G)

Parking Standards 62-64 General 62-64 Exist. Parking 62 Change in Parking Req 62 Conflict w/ other uses 62 Continuing Obligation 62-63 Maintenance (Non-res) 63 TC/B-i/V-2, special 63 Vehicle parking all dist 63-64

Patios - Residential 48 §401(C)2~ Permit Required 126 5901 Personal Care Boarding Home 34 5401(B)27 Pinball, Definition 13 5201 Place of Worship 34 5401(B)28 Planing Mill / Lumber Yard 32 5401(B)20 Plant Materials List 71 5504(F) Play equipment - Residential 47-48 5401(C)2b Porches - Residential 47-48 5401(c)2~ Premises, Definition lo 5201 Preservation, Definition 11 5201 Principal Use 17 540o(E) Principal Use, Definition 11 5201 Private Club 34 5401(B)29 Private Petition,

for Amendment 148-14951104 Professional (or Business Offce)34 5401(B)25 Protection, Definition lo g201 Public Hearings,

Amendments 147 51101 Public Hearing, Definition 11 5201 Public Meeting 11 5201 Public Notice, Definition 11 5201 Public Recreation Facility 34 5401(B)30 Public Utility 34-35 5401(B)31 Purpose 1,2 5102

Page Section Page Section

Radioactivity Railroad St ation(Termina1) Recreation Facility (Public) Regulations, Applicability Regulations, General-All Dist (Religious) Place of Worship Repair Shop Report, Definition Research

Residential Accessory Structure 46-52 §4oi(C)2 Fences & Walls 46-47 §40l(C)2a

Garages, storage sheds, greenhouses, barns, backyard play equipment, carports 48 §40i(C)2b

Unenclosed porches, patios, decks, driveways, pads or other impervious surfaces 47-48 §40i(C)2c

Swimming Pool 48-51 §401(C)2d

Residential Conversion 22-23 Residential Uses 18-24 Resource Protection Land,

Definition 11 Resource Protection Land 72 Resource Protection Standards 72-73 Restaurant 35 Restaurant, Outdoor Eating

Accessory to a 56-57 Restaurant w/Drive-thru 35-36 (Restaurant) DI-ive-thru Facility 57-59 Retail (Village) or Service

Business 36-37 Right-of-way, Definition 11 Riparian Buffer 73

Satellite Dish Antenna 54-56 §40l(C)lo School 36 §401(B)36 Screen, Mechanical / Electrjcal 71 5504(E) Separability 3 9 0 4 Service Business (Village

Retail or) 36-37 §401(B)39 Service Station (Motor Vehicle

Service Station) 33-34 §401(B)22 Sewage Disp. & Water Supply 81 5511 Sewage, Private 81 §511(B) Shade Tree Requirements 70 §504(A) Sheds 47-48 §40l(c)2b Sheds - Non-Residential 52-53 §401(C)5b Shopping Cart Storage 64 502(D) Sign, Area - General 106 §702(A) Sign, Construction 107 §702(E) Sign, Definition 11 5201 Sign, Height 106 §702(B) Sign, Illumination 107 §702(D) Sign, Location 106-107§702(C) Sign Permit 132 §90l(F) Sign, Permit Required 105 §701(A) Sign, Procedures 105-106§701 Signs 105-i2oArt. 7

Signs, Exempt 108 §703(A) Activity - Commun Grp 110 §703(B)15 Barber Pole 108 §703(B)8 Cornerstone 108 §703(B)7 Decorative Flags 109 §703(B) 13 Gov. Flag or Insignia 108 §703(B)4 Information 108 §703(B)6 Legal Notice 108 §703(B)5 No-Tresspassing 108 §703(B)2 Official & Government 109 §703(B)12 Political 109-110 §703(B)14 Res. Identification 108 §703(B)3 Street 108 §703(B)l Temporary Mechanics 109 §703(B)9 Temporary Window 109 §703(B)10 Yard Sale 109 §703(B)ll

Signs, Non-Conforming 119 5707

Signs, Permanent 112-119 8706 Accessory Uses 119 §706(H) Automobile Sales -

Indiv Use 116-117 §706(E) Automobile Sales -

Joint Use 117-118 706(F) Commercial - Indiv Useii3-115 §706(C)

Page Section Page Section

Commercial - Joint Use 113-115 §706(D) Educational 113 §706(B) Industrial - Indiv Use 116-117 §706(E) Industrial - Joint Use 117-118 §706(F) Institutional 113 §706(B) Office - Individual Use 113-115 §706(C) Office - Joint Use 115-116 §706(D) Off Premises 118 5706(G) Recreational 113 §706(B) Religious 113 §706(B) Residential 112 §706(A) Retail - Individual Use I--la 5706(C) Retail - Joint Use 115-116 §706(D) Service - Individual Useii3-115 §706(C) Service - Joint Use 114-116 §706(D) Utility - Individual Use 116-117 §706(E) Utility - Joint Use 117-118 §706(F)

Signs, Prohibited 110-111 5704 Signs, Temporary (permit reqd.) 112 5705

Property Sale or Rent 112 5705(i) Signs, Window - General 107 §702(F) Single Family Detached Dwelling

use 18 5401(A)1 Single and Separate Ownership,

Definition 11 5201 Single Use 17 §4oo(E) Site Area, Net Buildable,

D e h i tion 12 $201 Smoke 79-80 §509(B) Special Exception 144 51008 Special Exception, Definition 12 5201 Special Exception - Expiration 134 5902 Special Exception, General 17 §4oo(B) Steep Slopes 72 §506(C) Steep Slopes, Definition 12 5201 Storm Drainage Permit 128-13o§go1(C) Story, Definition 12 5201 Streams 72 §506(F) Street, Definition 12 5201 Street Line, Definition 12 5201 Structure, Definition 12 5201 Subdivision & land Development

Required 17-18 §400(F) Submission to:

Boro Planning Comm Bucks Planning Comm 147-1.48 51102

Substantial Damage, Definition 12 5201 Substantial Improvement,

Definition 12 5201 Swimming Pool, Definition 13 5201 Swimming Pool - Residential 48-51 §4oi(C)2d

TC - Town Center Dist. 94-95 Telecommunications Antenna 37-40 Telecommunications Equipment

Building 39-40 Telecommunications Tower 40-43 Temporary Structure, Non-Res. 54 Terminal (Bus/ Railroad Station)37 Timber Harvesting (Forestry) 27-30 Title 1 Title, Short 1 T.N.D. 19-22 Townhouse (Attached Dwelling) ig Trade School (or Commercial) 26 Traditional Neighborhood Dev 19-22 Tree Protection Area, Definition 13 Twin Dwelling 18 Two-Family Dwelling 18

Use by Right Use, Definition Use, Not Listed Use, Not Permitted Use Permit Application Use Permit App Information Use Permit Issuance Use Permit Required Use Permitted, Definition Use Regulations Uses Regulations

V-I, Village Conservation V-2, Village Gateway Vapors Variance, Expiration Variances Vehicle Repair in Parking,

Prohibited

17 §4oo(B) 13 5201 17 §4oo(D) 18 §400(H) 127 §901(B)2 127-128 §goi(B)4 127 §901(B)3 126-127 §goi(B)i 13 5201 16-60 Art. 4 18-60 5401

Vending Machines 59 §401(~)13 Vending Vehicles 60 $402

Page Section Page Section

Veterinary Office 36 §401(B)38 Video Gaming, Definition 13 5201 Village Retail or Service

Business 34-37 §401(B)39

Warehousing & Distribution Waste Disposal, Nuisance Wastewater Facility, Definition Watercourse, Definition Water, Private Water Supply & Sewage Disp. Waters ofthe Commonwealth,

Definition Wells Wetlands Wetlands, Definition Woodlands Woodlands, Definition

Yard, Definitions 13 $201 Yard Reqd. (Lot Area) (General) 61 §soo(A) Yard Requirements 61 §500(B)

Zoning Hearing Board 139-146Art. 10 Zoning Hearing Board,

Action, Initiation, Appl. 141 51004 Zoning Hearing Board,

Considerations 144-145 51009 Zoning Hearing Board,

Establishment & Membership 139 §lo01

Zoning Hearing Board, Hearings 14 l -w~ 51006

Zoning Hearing Board, Jurisdiction 140-141 51003

Zoning Hearing Board, Organization 139-140§1002

Zoning Hearing Board, Special Exception

Zoning Hearing Board, Time Limitations

Zoning Hearing Board, Va I-iances

Zoning Map Zoning Officer Zoning Ordinance,

Validity Zoning Permit Required

APPENDIX 1

Zoning Ordinance Amendments

Ordinance #655, Amendment date - October 12, 2004 Ordinance #681, Amendment date - May 8, 2007

Ordinance #694, Amendment date - April 14, 2009 Ordinance #705, Amendment date - July 27, 2010

Ordinance #711, Amendment date - February 12, 2011

ORDINANCE NO. (953 AN ORDINANCE OF THE BOROUGH OF NEWTOWN, BUCKS COUNTY, PENNSYLVANIA AMENDING TITE NEWTOW BOROUGH ZONING ORDINANCE TO ESTABLISH MINIMUM SETBACKS FOR RESIDENTIAL AND NON-RESIDENTIAL ACCESSORY FENCES AND WALLS; TO ESTABLISH A MAXIMUM NUMBER OF PERMITTED DETACHED NON-RESIDENTIAL ACCESSORY STRUCTUFUCS PER LOT; TO ESTABLISH MINIMUM SETBACKS FOR NON- IUESIDENTIAL ACCESSORY STRUCTURES OTHER THAN FENCES OR WALLS; TO ESTABLISH THE MAXIMUM HEIGHT OF ANY NON-RESIDENTIAL ACCESSORY STRUCTURE OTHER THAN FENCES OR WALLS; AND TO ALLOW USES WITHIN THE TOWN CENTER, VILLAGE GATEWAY AND BUSINESS GATEWAY ZONING DISTRICTS TO MEET PARKING REQUIREMENTS THROUGH OFF- SITE PARKING SPACES

I i B A C K G R O U N D :

.

C. Ordinance No. 653 was adopted without substantial amendments, but various items raised at the public hearing on the adoption of Ordinance no. 653 require further study by the Newtown Borough Planning Commission. These items include a limitation on the number of non-residential accessory structures permitted on any lot, setbacks for fences and walls, use of leased parking spaces in the commercial zoning districts, and a revision to the recently adopted zoning map.

A- By Ordinance No. 503, as further amended by Ordinance No. 653, Newtown Borough Council ("Council") has enacted a zoning ordinance (Toning Ordinance") pursuant to its statutory authority, the Pe~sylvania Municipalities Planning Code ("MPCY7), Act 247 of 1968, as amended (53 P.S. $10101 et seq.).

I

D. Through careful study, the Council, with the assistance of its committees, has recognized that certain provisions of the Zoning Ordinance and the zoning map should be amended to implement the items discussed at the public hearing on Ordinance No. 653.

B. On July 13, 2004, the Newtown Borough Council, by Ordinance No. 653, adopted a comprehensive zoning amendment to implement the provisions o f the Newtown Borough Comprehensive Plan of 1999 and adopted a revised zoning map for Newtown

E- The proposed amendments and zoning map change have been advertised, considered, posted and reviewed' in accordance with MPC Section 609 (53 P.S. f~ 10609).

NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby ENACTED AND ORDAINED by the Council of the Borough of Newtown, Bucks County,

I Pennsylvania, as follows:

Section 01: Section 401 .C(2)(a), Residential Accessory Structure, of the Zoning Ordinance is amended to include new subsection (4), which shall read in full as follows:

"4. Minimum setback for fences is zero (0) feet; minimum setback for walls is zero (0) feet."

Section 02: Section 40l.C(2)(c), Residential Accessow Structure, of the Zoning Ordinance is amended to include the following new sentence at the end of the section:

I

"Driveways, pads or other impervious surfaces shall be setback from any side or rear property line by at least three (3) feet in the B-1 district, zero (0) feet in all other districts, and may encroach into the front yard only to access the street."

"Limited to the following structures whose use is subordinate to and incidental to a permitted commercial or industrial use of the property: fences, walls, 1 garages, storage sheds or containers, driveways, and pads or other in~pervious surfaces."

I I I I

Section 04 : Section 40 1 .C(S)(a), Nonresidential Accessonr Structure, of the Zoning Ordinance is amended to include the following new sentence atthe end of the section:

Section 03: Section 401 .C(5), Nonresidential Accessow Structure, of the Zoning Ordinance is amended to delete the definitional sentence and replacc with the following sentence:

"4. Minimum setback for fences is zero (0) feet; minimum setback for walls is zero <0) feet."

Section 05: Section 401 .C(5)(b), Nonresidential Accessonr Structure, of the Zoning Ordinance I is amended in full to read as f~llows:

"b. Garages, sheds or containers. Only one (1) such detached accessory structure is permitted per lot. Required side and rear yard setbacks:

I I

Section 06: Section 40 1 .C(5), Nonresidential Accessory Structure, of the Zoning Ordinance is amended to include new subsection (d), which shall read in full as follows:

Rear 5 feet i 0 feet 15 feet

Square footage 100 sq. feet or less 101 to 200 sq. feet

More than 200 sq. feet

Side 5 feet 10 feet 15 feet

"d. The maximum height of any garage, storage shed or storage container is 20 feet."

Section 07: Section 502.A(6), Parkin Standards, of the Zoning Ordinance is amended to delete the introductory phrase "Within the Town Center zoning district," and insert the phrase "Within the Town Center, Village Gateway and Business Gateway zoning districts," in its place.

Section 08: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

Section 09: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this ordinance.

Section 10: This ordinance shall be effective immediatelv.

d ORDAINED and ENACTED this day of $&L , A.D., 2004.

NEWTOWN BOROUGH COUNCIL

I

t2-g. 4zLmyy rie E. ~ o r o n ~ d r e s i d e n t

APPROVED this day of - ,A.D.,2004. /

ORDINANCE NO. L. 52 1

AN ORDINANCE OF THE BOROUGH OF NEWTOWN, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE NEWTOWN BOROUGH ZONING ORDINANCE TO ADOPT REGULATIONS PERTAINING TO THE INSTALLATION OF GEO-THERMAL SYSTEMS; TO CONTINUE THE REGULATIONS PROHIBITING PRIVATE WELLS IN NEWOWN BOROUGH; TO DEFINE THE TERMS BUILDING AREA AND BUILDING COVERAGE; TO ESTABLISH MAXIMUM BUILDING COVERAGE RATIOS FOR LOTS IN ALL ZONING DISTRICTS; AND TO RETITLE THE PARKING DESIGN STANDARDS SECTION

B A C K G R O U N D :

A. By Ordinance No. 653, as amended, the Newtown Borough Council (the "Council") has enacted a zoning ordinance (the "Zoninp. Ordinance") for Newtown Borough pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code ("MPC"), Act 247 of 1968, as amended;

B. Through careful study, the Council, with the assistance of its committees, has recognized that certain provisions of the Zoning Ordinance should be amended;

C. Zoning Ordinance Section 51 1 currently prohibits private wells in Newtown Borough for any purpose. The Council wishes to continue this prohibition and clarify that private wells are not permitted in Newtown Borough;

D. However, Council wishes to make an exception to drilling a well-like system in Newtown Borough for energy efficient geo-thermal systems. These are systems that use the natural warmth and coolness of the earth to assist in heating and cooling residential and commercial buildings;

E. As installation of a geo-thermal system requires underground drilling, the Council requires various safeguards to protect the dense and historic nature of Newtown Borough; and also to protect against the many underground utilities (such as water and sewer) throughout Newtown Borough;

F. In addition, Newtown Borough has recently received several applications to greatly expand existing buildings on small lots;

G. Some building additions occupy almost the entire amount of permitted impervious surface and a large majority of the overall lot;

H. Council wishes to correct this omission by setting building coverage limits in all zoning districts; and

I. The proposed amendments have been advertised, considered and reviewed in accordance with MPC Section 609 (53 P.S. $10609).

NOW, THEREFORE, BE IT AND IT IS HEREBY ENACTED AND ORDAINED by the Council of the Borough of Newtown, Bucks County, Pennsylvania, and it is hereby ENACTED and ORDAINED by authority of same as follows:

Section 01: Article 4, Section 401(C), Accessow Uses, of the Zoning Ordinance is amended to add a new subsection 15, Closed Loop Geothermal System, and shall read in N1 as follows:

"15. Closed Loop Geothermal System - a closed loop geothermal system shall be an accessory use. It is defined as any heating and/or cooling system that utilizes the earth's thermal energy to heat and/or cool a building through the use of a series of underground pipes. Only closed loop geothermal systems are permitted. This use is permitted in all zoning districts by right. All geothermal systems shall meet the following requirements.

a. For purposes of this subsection (1 5) only, the following d e f ~ t i o n s shall apply:

(1) Closed loop geothermal system - a geothermal system in which the same liquid is continuously run through piping in a closed circuit and no new liquid is introduced to the system or used liquid discharged fkom the system.

(2) Open loop geothermal system - a geothermal system in which liquid is run through piping after being drawn from a source and is then discharged to that source or an alternate location.

(3) Well - a drilled hole used in connection with a geothermal system.

b. Only closed loop geothermal systems are permitted accessory uses. Open loop geothermal systems are prohibited.

c. A drilling pennit is required prior to the drilling or alteration of a well. Application for a permit for the drilling of a well shall be made to the Zoning Officer. The location of the well on the property shall be shown. No permit for a well shall be issued until the plans, specifications and site plans have been approved by the Zoning Officer for compliance with this ordinance.

d. A site plan shall be submitted with the application and shall include the following:

(1) property metes and bounds and adjoining property metes and bounds;

(2) all structures located on the property and the adjoining properties;

(3) all owners of adjoining lots shall be identified along with addresses and telephone numbers;

(4) identify location and catalog all trees with a caliper of 6 inches or more at a height of 4 feet above grade, along with the current condition of each tree;

(5) A grading plan of the property including the direction and location of water flow fiom each well to be drilled;

(6) A detail of the method of controlling water runoff and sediment;

(7) Location of all municipal and private storm water facilities on the property and within 500 feet of the property;

(8) Indicate location and type of all underground utilities and all above ground utilities with clearance to overhead obstructions;

(9) Location of all proposed wells and alternate well locations, indicating distances to all structures and property lines;

(10) Detail of turf and pavement (curb, sidewalk, driveway) protection methods;

(1 1) Proposed method of entry and exit from the site for drilling equipment;

(12) Plans and details of erosion controls, along with approval fiom the Bucks County Conservation District;

(13) Distance to Newtown Creek and Old Skunky;

(14) Proposed set-up locations for drilling rig for each proposed well;

(1 5 ) Detail of tree protection;

(16) Site location map and proposed route of travel to the site of well drilling equipment including load limit of all bridges in or accessing Newtown Borough;

(17) Location of all public and private easements and rights-of-way on or adjoining the property and all adjoining properties;

(18) Location of all on-site utilities including without limitation sewer and water laterals, gas, electric, cable and other communication lines and stormwater management facilities.

(19) Location of all natural resources and other protected land, including but not limited to required open space, steep slopes, flood plain, woodlands and wetlands;

(20) Uses of adjoining properties; and

(21) Location of municipal or other public wells located within 500 feet of subject property.

e. The installation specifications and drawings for a geothermal system shall be submitted to and approved by the Borough as conforming to the International Ground Source Heat Pump Association (IGSHPA) installation standards, as may be amended and updated fi-om time-to-time.

f. A vertical geothermal well(s) installation shall be made only by a Pennsylvania licensed well driller.

g. Prior to the activation of the geothermal system, the well driller and geothermal system installer shall provide the Borough with the following:

(1) as-built plans and related documentation for each system and well location;

(2) written documentation of the geothermal system testing and certification &om the manufacturer, well driller and installer, as applicable;

(3) a written plan for the operation of the geothermal system which shall contain the following, at a minimum:

(a) any geothermal system leaks or releases will be reported by the applicant (and subsequent owners) to the Borough and the Newtown Borough Police Department within twenty-four (24) hours of the discovery of same, and the applicant (and subsequent owners) covenants and agrees to take all appropriate action to minimize any fluid release to the ground and to promptly repair any system leaks;

(b) in the event of the proposed discontinuance of the use of the geothermal system, a system closure plan will be prepared and submitted to the Borough for its approval prior to closure.

h. Wells shall not be permitted in a front yard. In any permitted yard, a well shall be setback at least 25 feet fiom all lot lines.

1. No geothermal system shall be located within one hundred (100) feet of any existing drinking water wells or any planned drinking water wells.

No geothermal system shall be connected in any way to any sanitary sewer or stormwater disposal system.

The piping for geothermal systems must be made of polyethylene or polybutylene. A substitute material shall be permitted only if it is the fbnctional equivalent of polyethylene or polybutylene and the material is approved by the Borough.

Only water or potassium acetate may be used as the circulating fluid for geothermal systems, unless similar inert fluid is approved for use by the Borough.

No well shall be permitted in any public legal or ultimate right of way of any street, road or highway.

No well shall be permitted within 25 feet of a cartway where the right of way is less than 25 feet from the road centerline.

Well drilling shall occur only between the hours of 8:00 a.m to noon and 1:00 p.m. to 5:00 p.m. Monday through Friday. No drilling shall be permitted on Saturday and Sunday or at any hour not permitted under this section.

Well casings in a side yard shall be properly buffered with a landscape buffer.

Wells shall not be located inside the flood plain, in any steep slopes, within wetlands or within woodlands.

The top of the well casing shall be above the elevation of the 100 year flood line.

Well casings seal/top shall be located between 6 inches and 12 inches above grade.

All geothermal systems shall be properly maintained in accordance with manufacturer's specifications, the installer's specifications, and any applicable Pennsylvania Department of Environmental Protection or federal regulations.

Any person who owns a lot upon which a geothermal system is installed and any person who occupies a structure which is served by a geothermal system shall be responsible for maintaining the geothermal system.

If a geothermal system malfunctions, the person responsible for the maintenance of the system shall take all action necessary to repair, modify or alter the geothermal system to eliminate the malfunction.

w. The owner of any property with a well shall allow the Borough zoning officer or other authorized official access to the well for the purpose of inspection to ascertain compliance with this ordinance at all reasonable times."

Section 02: Article 5 Section 5 1 1, Water Supply; Sewage Disposal Systems, of the Zoning Ordinance is retitled "Water Supply; Sewape Disposal Systems; Wells" and is amended to include an new subsection C which shall read in full as follows:

"C. Unless specifically permitted elsewhere in this ordinance, private wells are prohibited in Newtown Borough for any use or purposes."

Section 03: The following subsections of Article 6 are amended to list Closed Loop Geothermal System as a use permitted by right: $600(A)(l), $601(A)(l), $602(A)(l), §603(A)(1), §604(A)(l), §605(A)(l), §606(A)(1), §607(A)(1), §608(A)(1) and §609(A)(1).

Section 04: Article 2, Section 201, Definitions, of the Zoning Ordinance is amended to include the following terms and definitions:

"Building Area - the aggregate of the maximum horizontal cross-section areas of buildings on a lot, taken at their greatest outside dimensions on the ground floor, including all attached and detached structures, except steps, terraces, cornices, eaves and gutters, but including roofed porches, roofed breezeways and roofed carports.

Building Coverage - the ratio of the total building area of all buildings on a lot to the net buildable site area of the lot on which they are located."

Section 05: Article 6, Subsection B of Section 600, BR-1 Borou* Residential District - 1, of the Zoning Ordinance is amended to include the following regulation: Maximum Building Coverage Ratio - 20%.

Section 06: Article 6, Subsection B of Section 601, BR-2 Borough Residential District - 2, of the Zoning Ordinance is amended to include the following regulation: Maximum Building Coverage Ratio - 30%.

Section 07: Article 6, Subsection B of Section 602, BR-3 Borough Residential District - 3, of the Zoning Ordinance is amended to include the following regulations: Maximum Building Coverage Ratio - 40%.

Section 08: Article 6, Subsections B, C and D of Section 603, BR-4 Borough Residential District - 4, of the Zoning Ordinance are each amended to include the following regulation: Maximum Building Coverage Ratio - 35%.

Section 09: Article 6, Subsection B of Section 604, BPS Borough Professional Service District, of the Zoning Ordinance is amended to include the following regulation: Maximum Building Coverage Ratio - 45%.

Section 10: Article 6, Subsection B of Section 605, TC Town Center District, of the Zoning Ordinance is amended to include the following regulation: Maximum Building Coverage Ratio - 60%.

Section 11: Article 6, Subsections B and C of Section 606, Village Conservation N-1) District, of the Zoning Ordinance are each amended to include the following regulation: Maximum Building Coverage Ratio - 45%.

Section 12: Article 6, Subsections B and C of Section 607, Village Gateway N-2) District, of the Zoning Ordinance are each amended to include the following regulation: Maximum Building Coverage Ratio - 45%.

Section 13: Article 6, Subsections B and C of Section 608, Business Gateway (B-1) District, of the Zoning Ordinance are each amended to include the following regulation: Maximum Building Coverage Ratio - 45%.

Section 14: Article 6, Subsection B of Section 609, Borough Mixed Use (B-2) District, of the Zoning Ordinance is amended to include the following regulation: Maximum Building Coverage Ratio - 45%.

Section 15: Article 5, Section 502.B, Parking Design Standards for Nonresidential Use, of the Zoning Ordinance is retitled to read "Parkina Design Standards."

Section 16: In addition, all inconsistent provisions of other ordinances or resolutions are repealed to the extent of the inconsistency. All other provisions of the ordinances of Newtown Borough shall remain in full force and effect.

Section 17: The provisions of this ordinance are declared to be severable. If any provision of this ordinance is declared to be invalid or unconstitutional by a court of competent jurisdiction, such determination shall have no effect on the remaining provisions of this ordinance.

Section 18: This ordinance shall be effective immediately.

ORDAINED and ENACTED this 8/ 2007.

&L&?m&d e E. Torongo, P

~ttest-- M. Marcia M. Scull, Secretary

g& day of . , A.D., 2007

. . . . .

ugh\Ordinances\Zoning\Geo-Thermal Wells\GeoThermal.Building Coverage.adoptedO5-08-2007.doc

BOROUGH OF NEWTOWN COUNTY OF BUCKS

COMMONWEALTH OF PENNSYLVANIA

AN ORDINANCE OF THE BOROUGH OF NEWTOWN, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE ZONING ORDINANCE OF THE BOROUGH OF

NEWTOWN BY PERMITTING A WALL TYPE SIGN FOR USE AS A MENU BOARD FOR RESTAURANTS ONLY

WHEREAS, the Council of the Borough of Newtown, County of Bucks, Commonwealth of Pennsylvania is empowered to enact, amend and repeal zoning ordinances pursuant to the Act of December 21, 1988, P.L. 1329, No. 170, Section 45,53 P.S. 10601 et. seq.; and

WHEREAS, the Council of the Borough of Newtown, County of Bucks, Commonwealth of Pennsylvania has determined that it is necessary and desirable to amend the Zoning Ordinance of the Borough of Newtown to permit restaurants to use a menu board located on an exterior wall.

NOW, THEREFORE, the Council of the Borough of Newtown, Bucks County, Pennsylvania, does hereby ordain and enact the following:

SECTION 1. Article 7, Section 706 of the Zoning Ordinance of the Borough of Newtown is hereby amended by Subsection 706 C. 4 as follows:

SECTION 706 C 4. Menu Board - One (1) additional wall sign shall be available only to restaurants that meet the definition of restaurant established in Section 401 .B.34 and shall be limited to only restaurants where food is cooked on the premises and sold to customers primarily for consumption on the premises. The wall sign may be affixed to a faqade of the building at a height whereby the top of the sign shall not be more than five (5) feet from grade. The total size of the menu board may not exceed four (4) square feet, shall not be illuminated internally, and shall be used to display only the restaurant's standard bill of fare, daily specials, special events on the premises, and features of the establishment.

SECTION 2. Article 7, Section 706 of the Zoning Ordinance of the Borough of Newtown is hereby amended by Subsection 706 D. 4 as follows:

SECTION 706 D 4. Menu Board - One (1) additional wall sign shall be available only to restaurants that meet the definition of restaurant established in Section 401 .B.34 and shall be limited

to only restaurants where food is cooked on the premises and sold to customers primarily for consumption on the premises. The wall sign may be affixed to a faqade of the building at a height whereby the top of the sign shall not be more than five (5) feet from grade. The total size of the menu board may not exceed four (4) square feet, shall not be illuminated internally, and shall be used to display only the restaurant's standard bill of fare, daily specials, special events on the premises, and features of the establishment.

SECTION 3. Whenever the requirements of this Ordinance are in conflict with other requirements of the Codified Ordina~lces of the Borough of Newtown, the most restrictive, or those imposing the higher standards shall govern.

SECTION 4. The provisions of this Ordinance are severable. If any court of competent jurisdiction thereof shall hold any section, clause, sentence, part or provision illegal, invalid or unconstitutional, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Council of the Borough of Newtown that this Ordinance would have been enacted if such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been included herein.

This Ordinance shall become effective on the date adopted by the Council of the Borough of Newtown.

ADOPTED by the Council of the Borough of Newtown on this day 2009.

ATTEST: NEWTOWN BOROUGH COUNCIL

~A7--kCz" Marcia M. Scull, Secretary

Date: /

BOROUGH OF NEWTOWN

AN ORDINANCE OF' THE BOROUGH OF KEWTOFVN, COUNTY OF BUCKS, COMMONWEALTH OF PENKSYLVANIA AMENDING THE NEWTOWN BOROUGH ZONING ORDINANCE TO CONTINUE THE APPLICABILITY OF DI&TENSIONAL REQUIREhIENTS TO COKDOMINIUM USES IN NEWTOlW BOROUGH AND ALLOWING THE IiYIPOSITION OF A FEE FOR THE ISSUANCE OF A FEKCE PERhIIT.

WHEREAS, by Ordinance No. 653, as amended, the Council of Newtown Borough, Bucks

Counry, Pennsylvania ("Councii") enacted a zoning ordinance ("Zoning Ordinance") pursuant to its

statutory authority, the Pennsylvania Municipalities Planning Code ("lMPC"), Act 247 of 1968, as

amended;

WHEREAS, through careful study and consideration, Council has determined that certain

provisions of the Zoning Ordinance should be amended;

WHEREIIS, the Zoning Ordinance requires that all uses in Newtown Borough satisfy all

dimensional criteria of the Zoning Ordinance, including any use with a condominium form of

ownership. Council wishes to clarify the applicability of dimensional requirements to condominium

uses; and

rVHEREAS, the Zoning Ordinance currently prohibits the imposition of a fee for the

obtaining of a fence permit. In consideration of the administrative costs in connectiog with the

issuance of such a permit, Council seeks to allow an applicant for a fence permit to be charged a

reasonable fee.

KOW, THEREFORE, the Council of Newtown Borough, Bucks County, Pennsylvania does

hereby enact and ordain the following:

SECTION 1. Article 5, Section 500(D)(2) of the Zoning Ordinance is deleted in its entirety

and replaced with the following:

2. If any use andlor property is proposed to have a condominium form of ownership, either for the whole property or any part thereof, all zoning requirements (including without limitation, dimensional, yard, parking and specific use criteria) applicable to the use or property shall be met for each unit, building and use, even if individual lots are not created and sold separately. All required dimensional criteria for each unit, building and use shall be provided contiguously and proportionately to each unit, building and use, and all setbacks shall be measured from any road, street andlor alley, and from any building line and/or unit boundary, as appropriate.

SECTION 2. Article 9, Section 901(H) of the Zoning Ordinance is deleted in its entirety

and repiaced with rhe foliowing:

No fence may be constructed, altered, extended, or reconstructed without first securing a permit. Except as modified in this subsection, the application process shall be governed by the provisions of Section 901(B), pertaining to use permits, and the standards for any fences to be constructed, altered, extended or reconstructed shall be those standards for fences as set forth in this Ordinance. No fence permit is required for repairs or maintenance.

SECTION 3. Whenever the requirements of this Ordinance are in conflict with other

requirements of the Codified Ordinances of the Borough of Newtown, the most restrictive, or those

imposing the higher standards shall govern.

SECTION 4. The provisions of this Ordinance are severable. If any court of competent

jurisdiction thereof shall hold any section, clause, sentence, part or provision illegal, invalid or

unconstitutional, such decisions of the court shall not affect or impair any of the remaining sections,

clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the

Council of the Borough of Newtown that this Ordinance would have been enacted if such illegal,

invalid or unconstitutional section, clause: sentence, part or provision had not been included herein.

SECTION 5. This Ordinance shall become effective after the adoption by the Council of

Newtown Borough.

ORDAINED AND ENACTED by the Council of the Borough of Newtown on this / 3

day of ,2010

NEWTOTVN BOROUGH COUNCIL

n \

By: julia Woidorf, ~re-

Marcia Scull? ~ e c r e t a j

Approved by JJennis OtBrien, Mayor

Dated: PO 27 2Q/ d '

~ 2 n n i s O'Brien: Mayor

BOROUGH OF NEWTO'CW

ORDINANCE NO. 7 I l

AN ORDINANCE OF NEWTOWN BOROUGH, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE NE\VTO\W BOROUGH ZONING ORDINANCE AND THE NEWOWN BOROUGH SUBDIVISION AND LAKD DEVELOPlMENT ORDINANCE BY ESTABLISHING AND ADOPTING PROCEDURES FOR THE REVIEIV OF A NEW TRADITIONAL NEIGHBORHOOD DEVELOPlMENT USE, AMENDING EXISTING PROVISIONS OF THE ZONING ORDINANCE ALLOWING FOR OTHER TRADITIONAL NEIGHBORHOOD DEVELOPlMENT USES, COORDINATING THE EXISTIXG ORDINANCES TO ACCOM34ODATE THE NEW PROVISIONS, ANID ADDING NEW DEFINITIOXS TO THE ZONING ORDINANCE.

WHEREAS, by Ordinance No. 653, as amended, the Council of Newtown Borough,

Bucks County, Pennsylvania ("Council") enacted a zoning ordinance ("Zoning Ordinance")

pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code, Act 247 of

1968, as amended ("MPC");

WHEREAS, by Ordinance No. 519. as amended, the Council of Newtown Borough,

Bucks County, Pennsylvania ("Council") enacted a Subdivision and Land Development

Ordinance ("SALDO") pursuant to its statutory authority, the MPC;

WHEREAS, the MPC provides for the establishment of a Traditional Neighborhood

Development use for the purpose of allowing a mix of different types of residential andlor non-

residential uses on a single tract of land;

M E R E A S , by prior ordinance, Council established a Traditional Neighborhood

Development allowing for a variety of residential uses;

WHEREAS, through carehl study and consideration, Council has determined that

certain provisions of the Zoning Ordinance and SALDO should be amended to establish a new

Page 1 of 21

Page 2 of 21

Traditional Neighborhood Use allowing for mixed residential and non-residential uses in certain

Zoning Districts located in the Borough;

WHEREAS, the new TND provisions adopted hereunder:

1. Permit, by Conditional Use, residential and non-residential uses to occur on

the same lot both horizontally and vertically.

2. Encourage pedestrian circulation, a diversity of building types, and integrated

open space.

3. Provide specific regulations and guidelines for open space; non-residential

building and dwelling types; streets, alleys, sidewalks; and parking.

4. Provide specific design guidelines, review procedures and requirements to

ensure that new development will be visually and functionally compatible with

surrounding areas.

5. Address Zoning Ordinance and SALDO content that is missing,

deficient, incorrect, or contradictory.

NOW, THEREFORE, the Council of Newtown Borough, Bucks County, Pennsylvania

does hereby enact and ordain the following:

SECTION 1. Article 2, Section 201 of the Zoning Ordinance is hereby amended by the addition

of the following definitions, each to be inserted in alphabetical order:

Green Space - A landscaped form of open space designated for walking, active and passive recreation, community gardens, civic events and other activities. Green space shall connect to public walkways and nearby parks and greenways wherever possible, and be designed to complement and enhance adjoining uses and the community. Infill Development - a form of development integrating new construction and new buildings into the existing pattern of structures and open spaces within a neighborhood and/or district by respecting the forms, widths, heights, vertical and horizontal modulations; the pattern and size of openings; the scale of existing structures; and the attributes and quality of neighboring open spaces.

Page 3 of 21

Mixed-Use Building - a building designed or renovated to accommodate two (2) or more residential and non-residential uses with at least one non-residential use at street level and a second permitted residential or non-residential use on the upper story or stories. Mixed-Use Development - a form of development where two (2) or more residential and non-residential uses are mixed either horizontally across multiple establishments within separate buildings, horizontally across multiple establishments within the same building, or vertically to create a mixed-use building or buildings. Parking Structure - a constructed parking facility with two (2) or more vertical levels used for short-term storage of automobiles and other light vehicles. A parking structure may be built above or below-ground, fully-enclosed or open-air, attached to or detached from an occupied building, and may be publicly or privately owned and managed. Traditional Neighborhood Development (TND) - an area of land developed for a compatible mixture of residential units for various housing types, and non-residential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings and facilities, parks, plazas, and open space are interwoven within the neighborhood so that all are within relatively close proximity to each other and surrounding existing uses. TND is compact, limited in size, and oriented toward pedestrian activity. Generally, there is a hierarchy of streets and sidewalks laid out in a network pattern interconnecting with each other and the existing travel ways at the periphery of the TND. These provide multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians, bicyclists, and motor vehicles equally.

SECTION 2. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the addition

of the following Section 401(D), to be located following the existing Section 401(C):

D. Traditional Neighborhood Development (TND-1) - Mixed Residential and Non residential

1. Purpose and Intent

A. TND-1 uses are permitted by Conditional Use only as specified in Article 6 and described in Article 9, Section 904, of the Newtown Borough Zoning Ordinance. TND-1 is consistent with the design principles of traditional neighborhoods, and uses an alternative set of standards for mixed-use development for new or infill construction on a minimum amount of contiguous land. TND-1 encourages and promotes: 1. A diversity of uses, dwelling unit types, lot sizes and

open spaces in a compact arrangement that promotes

Page 4 of 21

internal and external pedestrian circulation. 2. New development which respects the building types found

in Newtown Borough. 3. A quality for neighborhoods that enhances the identity of

Newtown Borough as an authentic and livable community. 4. A range of development intensities most appropriate to the

immediate neighborhood context, recognizing decreasing intensities and commercial activity that are more distant from the Borough's commercial core.

2. Applicability of Other Codes and Ordinances

A. A TND-1 use is considered land development in accordance with the Pennsylvania Municipalities Planning Code. An application for TND-1 use shall comply with all applicable requirements of the Pennsylvania Municipalities Planning Code and other applicable ordinances adopted by Newtown Borough.

B. Zoning Ordinance - unless otherwise allowed by this Subsection

401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Zoning Ordinance, including without limitation, all area and dimensional requirements listed for each of the specific zoning districts where TND-1 applies. If there is a conflict between the Zoning Ordinance requirements and provisions of this TND-1 Subsection 401.D., the provisions of this Subsection shall apply.

C. Subdivision and Land Development - unless otherwise permitted

by this Subsection 401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Subdivision and Land Development Ordinance, including without limitation, the submission of all required documents in accordance with the requirements of the Subdivision and Land Development Ordinance. If there is a conflict between the design standards of the Subdivision and Land Development Ordinance and those of this TND-1 Subsection 401.D., the provisions of this Subsection shall apply.

D. Storm Water Management - unless otherwise required by this Subsection 401.D., TND-1 shall comply with all applicable provisions of the Newtown Borough Storm Water Management Ordinance.

Page 5 of 21

E. Historic District Standards - TND-1, or portions thereof, located in the designated Historic District shall comply with all applicable provisions of Newtown Borough's Historic District Ordinance. The allowances set forth in Articles IV and VII of the Subdivision and Land Development Ordinance for submission requirements for concurrent review by the Borough's Historic Architectural Review Board during the formal application process shall apply.

3. Development Standards and Uses A. Uses Permitted 1. The following uses are permitted:

a. Single-family detached dwelling. b. Two-family detached dwelling (twin/duplex). c. Townhouse/attached dwelling. d. Multi-family dwelling (apartment-style unit). e. Residential conversion. f. Home occupation (types 1 - 4). g. Bed and Breakfast. h. Commercial or trade school. i. Business or professional office. j. Community center. k. Financial establishment. l. Inn. m. Library or museum. n. Medical office. o. Municipal office. p. Parking structure. q. Performing Arts Center. r. Repair shop. s. Restaurant (including accessory outdoor dining). t. Specialty convenience/retail. u. Village retail or service business. v. Non-residential accessory structure. w. Residential accessory structure.

B. The minimum tract area permitted for TND-1 is two (2) acres.

C. A minimum of twenty percent (20%) of the gross acreage of a

TND-1 site shall remain or be developed as open space. Open space may include natural steep slopes, wetlands, landscaped storm water management facilities (such as rain gardens, vegetated swales and berms, subsurface infiltration beds), parks, plazas,

Page 6 of 21

recreation areas and other formal and informal open-air areas for active and passive use by the public.

1. At least twenty percent (20%) of the minimum required

open space shall be contiguous and remain in natural condition or be developed as pervious surface.

2. No more than thirty percent (30%) of the minimum

required open space shall be developed as impervious surface.

3. At least twenty percent (20%) of the minimum required open

space shall meet the definition requirements for green space.

D. TND-1 shall incorporate mixed-use development and mixed-use buildings. Non-residential uses at the street level combined with dwelling units on upper floors are encouraged so that a diversified and coordinated arrangement of mixed uses can be provided.

1. TND-1 shall focus first on building type, and second, on uses

within the building.

2. Residential and non-residential use shall each comprise at least twenty percent (20%) of the gross tract acreage exclusive of the area of existing perimeter street rights-of-way.

3. The total street level floor area of non-residential

development hall not exceed fifty percent (50%) of the gross building area of a TND-1 site, excluding enclosed parking facilities.

E. When a Preliminary Plan for a TND-1 site is submitted, the lots

shall be configured and designated by use as either residential, listing all dwelling unit types; non-residential, including mixed-use development; or open space.

1. Any future development on an individual lot, and any future

use in an individual building, shall conform to the use designated on the approved Preliminary Plan.

2. No dwelling units shown on the approved Preliminary

Plan shall be converted to non-residential use.

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F. Table of Regulation - TND-1

1. The use regulations, dimensions, lot coverages and all other underlying zoning requirements of the Borough Zoning Ordinance shall apply, unless superceded by the following requirements for uses permitted in TND-1.

a. Minimum lot area - single-family detached and two-

family detached dwelling: 6,000 square feet per dwelling unit.

b. Minimum lot area - townhouse/attached dwelling:

3,000 square feet per dwelling unit. c. Minimum lot area - non-residential use: 10,000

square feet. d. Minimum lot area - multi-family dwelling: total area

of all dwelling units multiplied by 1.45. e. Maximum impervious surface coverage: 60% per

site. f. Maximum building coverage: 50% per site. g. Minimum lot width at street line - single-family

detached dwelling: 50 feet. h. Minimum lot width at street line - two-family

detached dwelling: 30 feet per dwelling unit. i. Minimum lot width at street line -

townhouse/attached dwelling: 25 feet per dwelling unit.

j. Minimum lot width at street line - multi-family

dwelling: 100 feet. k. Minimum lot width at street line - non-residential use:

50 feet. l. Maximum building height - all uses: 35 feet.

Exception: stair and elevator enclosures, light poles on upper deck of parking structures.

Page 8 of 21

m. Minimum front yard setback - single-family and two-family detached dwelling: 20 feet.

n. Minimum front yard setback - townhouse/attached

dwelling: 5 feet. o. Minimum front yard setback - multi-family dwelling:

20 feet. p. Minimum front yard setback - non-residential use: 20

feet. q. Minimum side yard setback - all uses: 10 feet. r. Minimum rear yard setback - single-family and two-

family detached dwelling: 25 feet. s. Minimum rear yard setback- townhouse/attached

dwelling: 20 feet. t. Minimum rear yard setback - multi-family dwelling:

20 feet. u. Minimum rear yard setback - non-residential use: 20

feet. v. Maximum front yard build-to-line - all uses: 25 feet. w. Minimum distance between buildings - multi-family

dwellings: 20 feet. x. Minimum distance between buildings - non-

residential uses: 20 feet. y. Maximum number of multi-family dwelling units per

building: 16 units. z. Maximum length of a single structure containing

multifamily dwellings: 120 feet.

G. Construction and Phasing

1. No construction or pre-construction site work may commence until a Final Land Development Plan is approved.

Page 9 of 21

2. If the development is to be constructed in phases, the entire development shall be fully described and defined on the approved Preliminary Land Development Plan. Each phase shall be so planned that all applicable requirements of this Subsection 401.D. shall be fully complied with at the completion of construction for that phase.

3. If the development is constructed in phases, the impervious

surface coverage and building coverage for each completed phase shall not exceed the amounts assigned to that phase on the approved Final Land Development Plan.

4. Upon completion of the full project, the total amount of

impervious surface coverage and building coverage for all phases shall not exceed the total as calculated and shown on the approved Final Land Development Plan.

4. Design Standards

A. General Buildings (residential, non-residential and mixed-use)

1. Design standards for residential and non-residential

structures specified in the Borough ordinances shall apply, unless superseded by this Subsection 401.D.

2. The front facade of any new structure facing a public street

shall not be occupied by a garage door. On-lot parking space(s) or on-lot driveway(s) are not permitted along the front of any structure. Garage entries, whether to internal, attached, or detached garages, shall be located at the rear of the principal structure.

3. New structures shall be context-sensitive and based on

existing Newtown Borough precedents. They shall incorporate size, height, scale, density, massing and setback consistent with existing buildings of Newtown Borough located within two hundred (200) feet of the proposed TND-1 site, or that are on other properties adjoining the TND.

4. Structures shall not be located within the required

minimum setback lines of the applicable zoning district, except as permitted by subparagraph 401.D.4.B.6.

5. A structure greater than one story shall clearly delineate the

level between each floor of the structure through belt

Page 10 of 21

courses, cornice lines, fenestration, or other similar architectural detailing.

6. Attached structures within the same block shall maintain

consistent cornice lines with other structures of the same height.

7. Doorways, windows and other openings in the facade of

a structure shall be proportioned to reflect pedestrian scale and movement, and to encourage interest at the street level. Windows and doors on the front facade of a structure should create lines of sight between the structure and the street.

8. Blank, windowless walls shall not be permitted along public

street frontages.

9. Where solid walls are required by building codes, the wall shall be articulated by providing minor recesses or projections in building surfaces intended to emulate window rhythm.

10. Building materials shall be similar to those of the

surrounding neighborhood structures or possess other characteristics such as scale, form, color and architectural detailing to establish compatibility.

11. Preservation and adaptive re-use of existing historic

structures are encouraged. 12. Areas for snow storage shall be provided, or the

applicant shall propose an acceptable snow removal plan and receives formal approval for its implementation from the Borough.

13. Bicycle racks and dedicated bicycle storage space shall be

provided.

B. Non-residential Buildings

1. The architectural features, materials and the articulation of a non-residential structure shall be continued on all sides visible from a public street. The front facade shall not be oriented to face directly toward a parking lot or parking structure.

Page 11 of 21

2. A non-residential or mixed-use building located within a mixed use development shall be similar in size, height, scale, density, massing and setback to those new and existing buildings near or adjacent to it.

3.. The facade of a structure shall be divided into distinct

modules no longer than seventy-five (75) feet. Divisions may be achieved through the use of pilasters, piers, panels, or other recesses and projections.

4. A non-residential structure shall provide window

openings, doors, or other treatments sufficiently transparent to provide visibility into its interior. These elements shall have a similar degree of transparency compared to other buildings within a two-block proximity of the proposed structure.

5. Automobile drive-up windows shall not be permitted

except for fee transactions within a parking structure. 6. Up to five percent (5%) of the total frontage of non-

residential structures may incorporate awnings, colonnades, arcades, pergolas and other non-fully-enclosing, post or column-supported cover structures which project over the sidewalk.

C. Residential Buildings

1. Except for multi-family dwellings, residential structures

shall have a covered front porch, portico or stoop on the front facade of the structure. Minimum width shall be four (4) feet. Minimum depth shall be six (6) feet for porches and porticos and four (4) feet for stoops.

2. The main entrance of a structure shall face the street and

be clearly articulated through the use of architectural detailing.

3. Placement of windows and door entrances shall optimize

privacy of residents and minimize infringement on the privacy of adjoining land uses.

4. Natural stone or brick walls not exceeding four (4) feet in

height may be used to connect dwelling units to garages at the ends (external portion) of a group of attached units so that a continuous wall is formed. Ornamental fencing not

Page 12 of 21

exceeding four (4) feet in height may be used to separate yard spaces of internal adjoining units to enhance privacy.

D. Streets, Alleys and Sidewalks

1. Unless otherwise provided by this Subsection 401.D.,

streets and sidewalks shall comply with all applicable provisions of the Newtown Borough Subdivision and Land Development Ordinance.

2. Alleys shall provide vehicular access to the side or rear of

two (2) or more properties.

a. Alleys serving two-way traffic shall have a cartway of eighteen (18) feet; increase width to twenty-six (26) feet to accommodate parallel parking on one side.

b. Alleys serving one-way traffic shall have a cartway

of fourteen (14) feet; increase width to twenty-two (22) feet to accommodate parallel parking on one side.

c. Minimum curb radii for alley-to-street and alley-to-

alley intersections shall be twenty (20) feet.

3. Closed street systems, cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard facing a public or private street) are prohibited.

4. The street network shall include sidewalks on both sides

of the street. Alleys facing public entrances to non-residential structures shall have sidewalks on at least one side.

E. Parking and Driveways

1. Parking shall be provided for private automobiles based on

safety, convenience, pedestrian and vehicular circulation and proximity of public parking and public transportation.

2. Parking facilities and driveways shall not be the dominant

feature of the site's design and/or the streetscape as viewed from the streets within and surrounding a TND.

Page 13 of 21

3. The overall parking plan may provide a combination of off-street and on-street spaces within a TND-1. On-street parking and effective arrangements for shared parking are encouraged.

4. A parking lot shall be located to the rear or side of a

structure. If located at the side, the parking shall be screened through the use of natural stone or brick walls, ornamental fencing, or landscaping. Walls, fencing, and landscaping shall not exceed four (4) feet in height.

5. Parking lots or parking structures shall provide an area

sufficient to allow not less than one bicycle parking space for every ten (10) motor vehicle parking spaces.

6. Garages shall be accessed from alleys or service drives; curb

cuts along streets shall not be permitted to directly access garages.

a. Where a paved non-parking apron is provided

perpendicular to an alley, the front of the garage shall be at least six (6) feet from the edge of the alley.

b. Where a paved parking apron is provided

perpendicular to an alley, the front of the garage shall be at least eighteen (18) feet from the edge of the alley.

c. Where a paved parking apron is provided parallel to

an alley, the front of the garage shall be at least eight (8) feet from the edge of the alley.

F. Off-street Loading and Trash Disposal

1. All non-residential loading areas and docks shall be

located to the rear of buildings. Loading docks shall not be visible from public streets. All loading areas and docks shall be recessed at least twenty-five (25) feet from residential property lines.

2. Outdoor stocking, storage or display of materials

shall not be permitted. 3. Trash storage/disposal areas for non-residential uses and

multi-family dwellings shall be located within buildings or a completely screened and secured exterior area located to

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the side or rear of the building. All such areas shall be recessed at least twenty-five (25) feet from residential property lines, and at least ten (10) feet from a perimeter property line of the site.

G. Streetscapes and Streetscape Amenities

1. Where blocks are created without streets, but where

buildings opposite each other face a pedestrian way, the typical width between building frontages shall be provided in the range from one hundred percent (100%) to two hundred percent (200%) of the building height of the highest building along that pedestrian way.

2. Amenities such as street furnishings, signs, cluster mailboxes,

lighting, and landscaping shall be designed and oriented to pedestrian use, and to create opportunities for interaction among neighbors in common pedestrian circulation areas.

3. Main gates, arches, monuments, marquee-type signs, or

other physical devices intended to visually separate or distinguish the TND-1 or any portion(s) thereof from the surrounding area shall be subject to approval of the Borough in accordance with Subparagraph 401.D.4.G.4 below.

4. A comprehensive sign program that establishes a consistent

sign theme shall be required for the entire TND-1 site. Signs shall share a common style (e.g., size, shape, material). In a mixed-use development, all signs shall be wall signs or projecting signs mounted perpendicular to the building face. Any other signage, such as main gates, arches, monuments, marquee-type signs, or other signage shall be consistent with the character of similar structures found in Newtown Borough.

5. Street lighting shall be provided along all streets and alleys.

Streetlights shall be installed on both sides of the street and at least one side of an alley at intervals recommended for the fixtures selected. Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society (IES) and are subject to review and approval by the Borough Engineer.

Page 15 of 21

H. Other Requirements

1. TND-1 sites shall be served by public water and sewer utilities.

2. Electric transformers, water and gas metering equipment,

communications and security equipment, and other utility or service equipment shall be installed in underground vaults or boxes or within a completely enclosed building.

SECTION 3. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the deletion

of Section 401(A)(4)(b) in its entirety and the addition of the following Section 401(A)(4)(b):

To create architectural interest in the layout and character of housing fronting the streets, variations in setbacks, materials and design shall be required. A maximum of thirty (30) inches variation in setback shall occur between every dwelling.

SECTION 4. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the addition

of the following sections to Section 401(B):

26.1. Parking structure. [to be placed following existing Section 401(B)(26) (“Office, Medical).]

26.2. Performing arts center - a building in which theatrical plays, music, dance, and

other live performances are held and where movies may be shown. [to be placed following the newly inserted Section 401(B)(26a) (“Parking Structure”).]

36.1. Specialty convenience/retail - a retail store offering primarily groceries

(including prepared food items) and/or other small consumer items intended for quick carry-out trade. The sale of gasoline or motor fuels is not permitted. [to be placed following existing Section 401(B)(36) (“School”).]

SECTION 5. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the

renumbering and relocation of existing Section 401(A)(5) to Section 401(E) and the re-titling of

said newly renumbered Section 401(E) to “Traditional Neighborhood Development (TND-2).”

This newly renumbered and relocated Section 401(E) is to be located following the newly added

Section 401(D). This newly renumbered and relocated Section 401(E) shall be further amended

by replacing the term “traditional neighborhood development” with “TND-2” throughout this

Page 16 of 21

Section (with the exception of the heading, which is to read as stated above). So as to avoid the

need to renumber other existing provisions, Section 401(A)(5) shall be retitled “Intentionally

Left Blank.”

SECTION 6. Article 4, Section 401 of the Zoning Ordinance is hereby amended by the deletion

of Section 401(C)(2)(b)(4) in its entirety and the addition of the following Section

401(C)(2)(b)(4):

Required setbacks from lot lines for buildings or structures with a floor area of more than 400 square feet shall be the same as the setback requirements for principal buildings in the district in which the building or structure is located.

SECTION 7. Article 5, Section 503 of the Zoning Ordinance is hereby amended by the deletion

of the unnumbered subparagraph entitled “Residential Uses” in its entirety and the addition of

the following unnumbered subparagraph in its place:

Residential Uses: Two (2) off-street parking spaces per dwelling unit for the following dwelling types: single family detached, two-family dwelling and residential conversion. Two (2) off-street parking spaces per dwelling unit plus one (1) overflow space per dwelling unit for the following dwelling types: multi-family dwelling - apartment style dwelling, and townhouse - attached style dwelling. Parking spaces provided within private garages and parking structures may be counted as meeting the off-street parking requirement for Traditional Neighborhood Development (TND-1) - Mixed Residential and Non-residential use pursuant to Subsection 401.D. Parking spaces provided within garages shall not be counted as meeting the off-street parking requirement, unless the garage is approved pursuant to a Traditional Neighborhood Development (TND-2) - Residential use pursuant to Subsection 401.E., in which case the garage size must be increased to accommodate parking two (2) vehicles and an additional twenty percent (20%) of storage space. Spaces that are stacked and require the moving of another vehicle in order to get access to the space shall not be counted toward the off-street parking requirement.

SECTION 8. Article 6, Section 603 of the Zoning Ordinance is hereby amended by the deletion

of the “Traditional neighborhood development” from Section 603(A)(3).

SECTION 9. Article 6, Section 603 of the Zoning Ordinance is hereby amended by the deletion

of Section 603(E) in its entirety and the renumbering of Section 603(F) to Section 603(E).

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SECTION 10. Article 6, Section 607 of the Zoning Ordinance is hereby amended by the

deletion of the words “except for traditional neighborhood development” from the introductory

paragraph of Section 607(C).

SECTION 11. Article 6, Section 607 of the Zoning Ordinance is hereby amended by the

deletion of Section 607(D) in its entirety and the addition of the following Section 607(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. shall apply."

SECTION 12. Article 6, Section 608 of the Zoning Ordinance is hereby amended by the

deletion of the words “except Traditional Neighborhood Development” from the introductory

paragraph of Section 608(C).

SECTION 13. Article 6, Section 608 of the Zoning Ordinance is hereby amended by the

deletion of Section 608(D) in its entirety and the addition of the following Section 608(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. shall apply."

SECTION 14. Article 6, Section 609 of the Zoning Ordinance is hereby amended by the

deletion of Section 609(D) in its entirety and the addition of the following Section 609(D):

"Traditional Neighborhood Development - The requirements of Subsection 401.D. and 401(E) shall apply."

SECTION 15. Article IV, Section 400 of the SALDO is hereby amended by the addition of the

following Section 400(D):

C. Optional Pre-application Procedures for Traditional Neighborhood Development (TND) Sketch Plan Review

1. The applicant schedules an initial pre-submission meeting with the

Borough to discuss the procedure for approval of a TND project including submittal requirements and design standards. A conceptual Sketch Plan is presented at this meeting for informal review by the Newtown Borough Planning Commission.

Page 18 of 21

2. Based on review of the conceptual Sketch Plan, and revisions resulting

from the initial meeting, a Detailed Sketch Plan is submitted. This plan may also be conceptual in detail, and should reflect all agreed-upon revisions and be accompanied by a reasonable projected schedule for implementation of the total development.

3. Based on its review and comments to the applicant regarding the Detailed Sketch Plan and projected schedule, the Planning Commission submits these documents with its comments and recommendations to Borough Council for its consideration and comment on the project concept.

4. Borough Council's support of a Detailed Sketch Plan may affirm that the plan presented conforms with the requirements of TND-1 contained in Subsection 401.D. or TND-2 contained in Subsection 401.E. of the Newtown Borough Zoning Ordinance, whichever is applicable. The plan shall be conditioned upon formal approval of preliminary and final land development plans in compliance with the Pennsylvania Municipalities Planning Code and Newtown Borough's Subdivision and Land Development Ordinance.

SECTION 16. Article IV, Section 402 of the SALDO is hereby amended by the addition of the

following two paragraphs to the end of the existing Section 402:

If approved by Borough Council, the Final Land Development Plan for the TND, as well as all other commitments and contractual agreements with the Borough, offered or required with regard to project value, character, and other factors pertinent to an assurance that the proposed development will be carried out as presented in the official submittal plans, shall be filed with Newtown Borough.

Formal documents for maintenance of public space shall be executed for streets, parks, plazas, open space, and other public areas within the TND based on private ownership or dedication to Newtown Borough.

SECTION 17. Article IV, Section 403 of the SALDO is hereby amended by the addition of the

following Sections 403(C), 403(D) and 403(E):

C. The Final Land Development Plan shall be filed with the office of the Recorder of Deeds for the County of Bucks in Doylestown, Pennsylvania along with such other documents as the Borough determines should be recorded.

D. Any subsequent change or addition to the recorded Final Land Development Plan

may constitute an alteration of that approved plan, and require submission of a revised Final Land Development Plan to the Borough.

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E. If, after approval and recordation of the Final Land Development Plan, any

portion or stage of the proposed TND is identified as not developed or constructed in compliance with the Final Land Development Plan, then the Borough may stop further construction of the development by posting appropriate notices at two (2) locations on the site and providing the applicant with written notice by certified mail. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the Final Land Development Plan as approved.

SECTION 18. Article VII, Section 701 of the SALDO is hereby amended by the addition of the

following Section 701(F):

F. Additional TND Preliminary Plan Requirements

1. A statement describing the general character of the intended development. 2. An accurate scaled map of the immediate project area including its

relationship to surrounding properties within one hundred (100) feet, existing topography, and key features within two hundred (200) feet of the project.

3. An open space plan showing and describing the location, size and

character of open space, green space and common areas. 4. A scaled plan of the full TND site indicating proposed locations of trash

storage/ disposal areas, snow storage areas, exterior cluster mailboxes, overhanging building elements (awnings, colonnades, pergolas, etc.), bicycle racks and storage areas, and on-site public transit stops/shelters, if applicable and planned for the development.

5. Preliminary architectural schematic elevations of the building exteriors

including basic information on materials. Include photographic evidence that accurately depicts, by graphic overlaying, the proposed structures in context with adjacent and immediately surrounding existing structures and site conditions to remain.

6. Information in schedule format indicating lengths, widths, and heights of

all proposed structures. 7. A utility feasibility study confirming availability and adequacy of required

utilities.

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8. General outline of intended organizational structure related to deed restrictions, and public/private management of common spaces and services.

9. A Fiscal Impact Analysis report may be required if Borough Council

determines that such a document is necessary to evaluate the proposed TND.

SECTION 19. Article VII, Section 702 of the SALDO is hereby amended by the addition of the

following Section 702(E):

E. Additional TND Final Plan Requirements

1. Formal graphic and written documentation proving compliance with all recommendations and modifications agreed upon resulting from the Preliminary Land Development Plan review process.

2. Final architectural schematic elevations of all building exteriors and forms

including notes, schedules and details describing exterior building materials; doors, windows and trim; roofing materials and styles; chimneys, dormers, porches, porticos, stoops; and other architectural elements shown to support the application's intent to achieve a context-sensitive and visual consistency with existing buildings of Newtown Borough. Include photographic evidence that accurately depicts, by graphic overlaying, the proposed structures in context with adjacent and immediately surrounding existing structures and site conditions to remain.

3. A detailed Open Space Design Plan showing the location and treatment of

open and green space areas and general landscape treatment, locations, size, and character of all common areas and hardscape types, including the provision for their maintenance.

4. A development schedule indicating:

a. The approximate date when construction of the project can be

expected to begin.

b. The phases in which the project will be built and the approximate date when construction of each phase can be expected to begin.

c. The approximate date when the development of each of the phases

is anticipated.

d. The area and location of open space that will be provided at each phase.

5. Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the TND and any of its common services, common open areas or other facilities.

SECTION 20. meneve r the requirements of this Ordinance are in conflict with other

requirements of the Ordinances of the Borough of Newtown, the most restrictive, or those

imposing the higher standards shall govem.

SECTION 21. The provisions of this Ordinance are severable. If any court of competent

jurisdiction thereof shall hold any section, clause, sentence, part or provision illegal, invalid or

unconstitutional, such decisions of the court shall not affect or impair any of the remaining

sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the

intent of the Council of the Borough of Newtown that this Ordinance would have been enacted if

such illegal, invalid or unconstitutional section, clause, sentence, part or provision had not been

included herein.

SECTION 22. This Ordinance shall become effective upon adoption by the Council of

Newtown Borough.

Dated: zh%-/// i .i

hJEWTO\VN BOROUGH COmTCIL

n

~ t t e s t - ~ - - a ~ , - Marcia Scull, Secretary

Approved by Dennis O'Brien, Mayor i ;

, I - / J

.! ,/ pvIhn7/8 ;,

,& ~enfr t i?b '~r ien, Mayor

Page 21 of 21

APPENDIX 2

Map of Newtown Borough