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Newtown Area Municipal Glossary

Welcome to the Newtown Area Municipal Glossary prepared by John Mack.This glossary is more than a simple list of terms and definitions relevant to Newtown Township municipal governance. It also includes links to related information and resources such as news summaries, blog posts, videos, podcasts, newsletter articles, etc. Simply click on a letter button below to jump to the section of the Glossary with terms that begin with that letter. 

A  B  C  D  E  F  G  H  I 

J  K  L  M  N  O  P  Q  R 

S  T  U  V  W  X  Y  Z

Send me terms you'd like to see added to this glossary: john@johnmacknewtown.info

A

Act 44: On September 18, 2009, the Pennsylvania General Assembly enacted Act 44 of 2009 which amended Act 205 (governing municipal pension plans). Section 702‐A of Act 44 requires that all municipal pension plans adopt procedures for selecting the most qualified person to enter into a professional services contract, including, but not limited to, advertisement for professional services, review of proposals, disclosures, conflicts of interest, public information, increases in the costs of professional services contracts, and notice and summary of factors that resulted in an award. Recommended reading: The Changing World of Public Pensions.

Act 209: In an era of increasing development and of a corresponding demand for municipal capital improvements, the purpose of Act 209 is to insure that the cost of needed capital improvements be applied to new developments in a manner that will allocate equitably the cost of those improvements among property owners and to respond to the increasing difficulty which municipalities are experiencing in developing revenue sources to fund new capital infrastructure from the public sector. Source: Act 209 text.

Act 511: Act 511 governs the taxes that school districts and municipalities are allowed to levy. Schools and cities must chose from a menu of 10 allowable taxes listed in Act 511. In some cases, a maximum allowable tax rate is also mandated by Act 511. For example, the maximum rate for earned income tax is one percent. If a school district and a municipality both levy the same tax, they must share the proceeds equally. The Act 511 taxes are referred to by critics as nuisance taxes, as they are felt to be a nuisance to collect and a nuisance to pay. Act 511 revenue includes per capita tax, real estate transfer tax Definition, earned income tax (EIT Definition), and local services tax (LST Definition).

Source: Article: What Are 511 Taxes?.

Act 537 (The Pennsylvania Sewer Facilities Act): Domestic sewage is treated and disposed of by various methods, ranging from large municipally-owned sewage treatment plants to community or individual on-lot disposal systems (OLDS), also called “septic systems.” Malfunctioning sewage disposal systems, regardless of type, pose a serious threat to public health and the environment. They can pollute public and private drinking water sources, often by discharging directly to the groundwater, and they can expose humans and animals to various bacteria, viruses, and parasites. Repairs to these systems often can lead to financial hardships for affected municipalities or homeowners.

On January 24, 1966, the Pennsylvania Sewage Facilities Act (Act 537) was enacted to address existing sewage disposal problems and prevent future problems. To meet these objectives, Act 537 requires proper planning of all types of sewage facilities, permitting of individual and community OLDS, as well as uniform standards for designing OLDS.

The Major Provisions of Act 537

• All municipalities must develop and implement a comprehensive official sewage facilities plan that addresses their present and future sewage disposal needs. These plans are modified when new land development projects are proposed or whenever a municipality’s sewage disposal needs change. DEP reviews and approves the official plans and any subsequent revisions.
• Local agencies are required to employ both primary and alternate Sewage Enforcement Officers (SEO). After successfully completing pre-certification training and being certified by the State Board for Certification of Sewage Enforcement Officers (the Board), an SEO can work for a local agency. The SEO is responsible for implementing the operation of that agency’s OLDS permitting program. SEOs are not DEP employees.
•  Local agencies, through their SEO, approve or deny permits for construction of on-lot sewage disposal systems prior to system installation.
• The Environmental Quality Board (EQB) must adopt regulations establishing standards for sewage disposal facilities. These regulations then apply throughout the state.
• The Sewage Advisory Committee (SAC) reviews existing and proposed rules, regulations, standards, and procedures and advises the Secretary of DEP. This advisory committee is comprised of members representing many sectors of the regulated community.

Source: PA Department of Environmental Protection.

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B

Berm: A permanent dike or berm is a ridge constructed of compacted soil, loose gravel, stone, or crushed rock that intercepts and prevents stormwater runoff from entering a sensitive area, and diverts or directs the water to a controlled or stabilized drainage outlet. Dikes or berms can be located or placed immediately along the top or bottom of cut or fill slopes, along the perimeter of an area, or adjacent to streams to prevent high stream flows from entering a site, or runoff from a site entering a stream or waterway. [Source: Pennsylvania BMP Manual, Section PC-5]

Best Managemnet Practices (BMP): Storm- water management includes controlling flooding, reducing erosion and improving water quality. This can be accomplished by implementing what are known as Best Management Practices (BMPs). BMPs are structural, vegetative or managerial practices used to treat, prevent or reduce water pollution. See the Pennsylvania BMP Manual.

Board of Supervisors (BOS): The Newtown Township Board of Supervisors (aka, BOS) is responsible for overseeing all aspects of township government including finance, administration, public works, police, emergency services, codes enforcement, parks and recreation, and planning. The BOS hires all professional consultants including legal, planning and engineering services. The BOS is responsible for reviewing and approving or denying all land development plans and zoning amendment changes.

Township supervisors fulfill their elected official duties by regularly attending, and actively participating in, meetings of the board of supervisors. Township supervisors should actively seek input from their residents and tax payers, ask thoughtful questions of staff and advisory boards, be open-minded to new ideas, and work with their fellow board members for the good of their township This may mean setting aside preconceived notions and sometimes taking an unpopular position that is in the best interests of the township as a whole.

According to to Section 602 of the Second Class Township Code, "An affirmative vote of a majority of the entire board of supervisors at a public meeting is necessary in order to transact any business." Thus for the Newtown BOS, which consists of 5 members, it takes 3 Supervisors to pass a motion. In a meeting with only a quorum of 3 members, all 3 must vote "aye" to pass a motion, otherwise the motion fails.

Bucks County Association of Township Officials (BCATO): The Bucks County Association of Township Officials was created in 1907 in accordance with Section 1401 of the Second Class Township Code and is comprised of 30 second-class townships and its supervisors, managers, tax collectors and auditors. County associations shall hold annual or semi-annual conventions at places determined by the association to consider and discuss questions and subjects pertaining to improvement of township government, assessment of property, collection of taxes and construction, improvement and maintenance of roads. The supervisors, auditors, tax collectors, managers, solicitors, engineers, treasurer and secretary of the board of supervisors shall attend the conventions when possible. Source: BCATO website.

Bucks County Planning Commission (BCPC): The Bucks County Association of Township Officials was created in 1907 in accordance with Section 1401 of the Second Class Township Code and is comprised of 30 second-class townships and its supervisors, managers, tax collectors and auditors. County associations shall hold annual or semi-annual conventions at places determined by the association to consider and discuss questions and subjects pertaining to improvement of township government, assessment of property, collection of taxes and construction, improvement and maintenance of roads. The supervisors, auditors, tax collectors, managers, solicitors, engineers, treasurer and secretary of the board of supervisors shall attend the conventions when possible.

The Bucks County Planning Commission assists the County Commissioners and all fifty-four constituent municipalities with the introduction, establishment and administration of sound land use practices and policies that serve to protect the health, safety and welfare of all County residents, equally, without prejudice, and in accordance with the Pennsylvania Municipalities Planning Code.
In accordance with the Pennsylvania Municipalities Code (Act 247, as amended), the BCPC reviews plans for all subdivision, land development, and municipal proposals (e.g., ordinance amendments, comprehensive plan updates, school construction or sale, street vacation, or sewage facility plan updates) proposed in the County’s fifty four municipalities. Source: BCATO website.

By-Right: The term "Use by Right" refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located. A "use by right" is a use permitted in a zoning district and is therefore not subject to special review and approval by a local government. For example, the operation of a book store on property zoned for commercial uses would be considered a "use by right". Other terms that may be substituted for "use by right" include, principal use, permitted use, or primary use. An accessory use (to a principal use) is also considered a "use by right". [Source: Permitted Uses, aka "Use by Right"] Also see "Use By Right."

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C

Catch Basin: A Catch Basin or storm drain is a curbside drain with the sole function of collecting rainwater from our properties and streets and transporting it to local waterways through a system of underground piping, culverts and/or drainage ditches.

Comprehensive Plan: The Comprehensive Plan is as a picture of how a community wants to look in the future, as determined by the board of supervisors after substantial public input. The preparation of a Comprehensive Plan is time intensive and requires considerable data collection and analysis, planning, and ample opportunity for public input. The comprehensive plan should provide a vision of the future and allow other ordinances, such as the zoning ordinance (JMZO Definition) and the subdivision and land development ordinance (SALDO Definition), to fill in the gaps and create the mechanisms to reach this desired goal. A township’s zoning ordinance must be generally consistent with its Comprehensive Plan and the county comprehensive plan. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

See 2009 Newtown Area Joint Comprehensive Plan. Compare this to the May 2024 Comprehensive Plan.

Conditional use: A Conditional Use is nothing more than a Special Exception Definition that falls within the jurisdiction of the governing body rather than the Zoning Hearing Board Definition Conditional Uses are optional; that is, conditional uses may be provided for in the zoning ordinance (JMZO Definition) if desired. The governing body must adhere to the express standards and criteria set forth in the ordinance, or else the conditional use approval or denial could be overturned in court. [Source: “Special Exceptions, Conditional Uses and Variances”]

Conditional Use Permit (CUP): Conditional use permits (often simply called CUPs) are uses permitted on a permanent basis within a district so long as the governing body’s conditions are met. Permitted conditional use permits are expressly listed for each district in the zoning ordinance (JMZO Definition). These uses require conditions because in their absence the use could negatively impact nearby properties. Conditional use permits are given at the discretion of the township. [source] Compare to Permitted Use.

Conservation Easement: A Conservation Easement limits certain uses on a property in order to advance specified conservation purposes while keeping the land in the owner’s ownership and control.

Conservation Easement is a tool to help landowners and conservation organizations or governments work in partnership to achieve conservation objectives. The objectives, and the means for achieving those objectives, will vary depending on the character of the particular property, the goals of the conservation organization and the needs of the landowners. For example, an easement’s objectives might include any one or more of the following:

• Maintain and improve water quality;
• Perpetuate and foster the growth of healthy woodland;
• Maintain and improve wildlife habitat and migration corridors;
• Protect scenic vistas visible from roads and other public areas; or
• Ensure that lands are managed so that they are always available for sustainable agriculture and forestry.

Source: conservationtools.org

Conservation Management (CM) District: The Conservation Management (CM) District, which was establish by the JMZO Definition, consists of valuable natural resources such as woodlands, agricultural soils, floodplains, wetlands, aquifer recharge areas, and areas of steep slopes. The Conservation Management District is dependent on groundwater as the primary water source.

Agriculture is a significant and an important use of land in the Conservation Management District. For these reasons, uses are permitted in both type and intensity, which provide the maximum opportunities for open space in order to protect the natural resources and encourage the continuation of farming activities. Single-family detached, single-family detached cluster, and Performance Subdivisions Definition are permitted, provided sewage disposal methods shall replenish the water table in accordance with the wastewater policies of the Joint Municipal Comprehensive Plan and the Sewage Facilities Plan (Act 537) of the participating municipality where building or development is proposed. The use and ownership of open space within residential developments shall be designed to achieve the purposes noted above and to be compatible with other uses in the Conservation Management District.

For details, see Article IV of the JMZO Definition: Residential Districts. Also see the Joint Municipal Zoning Map (pdf).

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D

Delaware Valley Regional Planning Commission (DVRPC): The Delaware Valley Regional Planning Commission is the federally designated Metropolitan Planning Organization for the Greater Philadelphia region. DVRPC provides services to member governments and others through planning analysis, data collection, and mapping services.

DVRPC’s Regional Street Lighting Procurement Program (RSLPP) pools the decision-making and purchasing power of municipalities so that they can confidently and cost effectively access the resources needed to complete an LED street and exterior lighting project. Municipal participants benefit from reduced product and labor pricing, a common step-by-step program timeline, access to financing, if needed, and technical and legal assistance in designing and implementing projects.

Department of Community and Economic Development (DCED): The Pennsylvania Department of Community and Economic Development is a cabinet-level state agency in Pennsylvania. The mission of the department is to enhance investment opportunities for businesses and to improve the quality of life for residents. The department works to attract outside corporations, spur expansion of existing local employers, and foster start-ups by providing tax incentives and technical assistance. Additionally, the agency provides grant funding to community groups and local governments for projects such as revitalizing "Main Street" infrastructure, enhancing low income housing availability, or improving access to technology.

Department of Conservation and Natural Resources (DCNR): Established on July 1, 1995, the Pennsylvania Department of Conservation and Natural Resources is charged with:

• Maintaining and protecting 121 state parks
• Managing 2.2 million acres of state forest land
• Providing information on the state's ecological and geologic resources
• Establishing community conservation partnerships with grants and technical assistance to benefit rivers, trails, greenways, local parks and recreation, regional heritage parks, open space, and natural areas.

Department of Environmental Protection (DEP): The Pennsylvania Department of Environmental Protection is the agency in the U.S. state of Pennsylvania responsible for protecting and preserving the land, air, water, and public health through enforcement of the state's environmental laws.

DEP's Office of Water Programs administers and oversees departmental programs involving surface and groundwater quantity and quality planning, and soil and water conservation. The office also coordinates policies, procedures, and regulations which influence public water supply withdrawals and quality, sewage facilities planning, point source municipal and industrial discharges, encroachments upon waterways and wetlands, dam safety, earth disturbance activities and control of storm water and non-point source pollution. In addition, the Office of Water Programs also coordinates the planning, design and construction of flood protection and stream improvement projects. See MS4 Definition and Environmental Issues (summary of actions by the Newtown BOS Definition).

Detention Basin: Detention basins are surface storage basins or facilities that provide flow control through attenuation of stormwater runoff. They also facilitate some settling of particulate pollutants. Detention basins are normally dry and in certain situations the land may also function as a recreational facility.

Dry detention ponds generally use a very small slope to divert water. The inlet needs to be not more than 15% higher than the outlet to ensure the correct amount of water flow through the system. The system works by allowing a large collection area, or basin, for the water. The water then slowly drains out through the outlet at the bottom of the structure. Compare to Retention Basin.

Villas of Newtown Detention Basin

This is the Villas of Newtown detention basin as seen on April 14, 2023. Detention basins are normally dry. The water is supposed to drain completely through the outlet. But as you see here, the outlet is too high, which means standing water is a more or less permanent condition here. Newtown Township has accepted bids to fix this problem by installing an underdrain and drain pipes through the berm. Residents at the April 12, 2023, Board of Supervisors meeting hoped this solution would work (see video of residents' comments) as this has been a problem for years.

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E

Early Intervention Program (EIP): The Governor’s Center for Local Government Services offers the Early Intervention Program (EIP) - renamed "Strategic Management Planning Program (SMTP)" - to provide guidance for municipalities interested in an improved fiscal position. Financial assistance is available for the development and implementation of multiyear financial management plans. The goal of the EIP is to promote management best practices to promote the financial stability of municipalities and ultimately avert fiscal distress. The EIP provides local governments with grants up to $200,000 for 50 percent of the total project costs to develop and implement multi-year financial management programs and strategies. Applicants must provide the remaining 50 percent match. To learn more about the Early Intervention Program [renamed "Strategic Management Planning Program (SMTP)", Click Here.

Easement: An Easement is a right-of-way or restriction granted for limited use of private land within which the owner of the property may be restricted from erecting permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

Earned Income Tax (EIT): In Newtown Township, EIT is a tax for general revenue purposes in the amount of 1% imposed on earned income including salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation received by residents of Newtown Township and by nonresidents of Newtown Township for work done or services performed or rendered in Newtown Township. This includes 1% of the net profits received from businesses, professions or other activities conducted by residents of Newtown Township and by nonresidents of Newtown Township.

NOTE: 0.5% of Resident EIT goes to the township and 0.5% goes to Council Rock School District. The full 1% of Non-resident EIT goes to the township.

Former Newtown Township Manager Kurt Ferguson suggested that Newtown is unique in that the lion share of its revenue sources depend upon “volatile taxes” such as Earned Income Taxes. His comments were made at the Newtown Township Board of Supervisors Meeting, January 10, 2018.

(See Act511 Taxes Definition).

Environmental Advisory Council (EAC): The Newtown Township Environmental Advisory Council (aka, EAC) was established to protect the natural resources within the Township and create community awareness. The seven EAC members work together to build an environmentally sustainable community by championing and promoting natural resource conservation, consideration of environmental impacts in decision-making, education and awareness of environmental issues in Newtown Township. The Council meets the second Monday of each month, 7:00 PM, in the Public Meeting Room in the township building. Its members serve a three-year term. For questions and comments please write to eac@twp.newtown.pa.us. Learn more about the EAC, including current members, here.

Equivalent Dwelling Unit (EDU): An equivalent dwelling unit (EDU) is a unit of measure for the sewage generated from particular buildings, structures or uses. One equivalent dwelling unit is equal to an approximation of the amount of sewage generated by an average single-family residence.

According to Subchapter A of Pennsylvania Sewage Facilities Act, An EDU is defined as "That part of a multiple family dwelling or commercial or industrial or institutional establishment with flows equal to 400 gallons per day (gpd). An EDU is to be used to:

• Define the size of a community sewage system in terms of serving an equivalent number of individual lots.
• Determine the number of lots in a subdivision, as it relates to the determination of planning exemptions and fees for planning module reviews under this part."

Euclidean Zoning: "Euclidean Zoning" is a system of zoning whereby a town or community - such as Newtown Township - is divided into areas in which specific uses of land are permitted (see the map below). The term is derived from Village of Euclid, Ohio et al. v. Ambler Realty Co., 272 U.S. 365 (1926), case in which the Supreme Court upheld the right of a locality to enforce such a system. Seth Shapiro, Harkins Builders, was a guest speaker at the April 1, 2021, Newtown Economic Committee Zoom where he focused on the problems of Euclidean Zoning. Watch his presentation.

Executive Session: Executive sessions, or meetings from which the public is excluded, maybe held by the Board of Supervisors (BOS Definition) only for the following strictly limited purposes: to discuss personnel matters, conduct strategy sessions and negotiations for collective bargaining agreements, discuss the purchase or lease of real estate, consult with the solicitor in connection with ongoing or pending litigation, or to discuss any issue that would violate a legal privilege or protected confidentiality if conducted in public These meetings are for discussion purposes only Any decision or official action based on discussions held in executive session must be made during a public meeting.

Executive sessions may be held during a public meeting or announced for some other time The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the Executive Session. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

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F

Fracking: "Fracking" is short for "hydraulic fracturing" — it's a process by which water, sand, and chemicals are injected underground at very high pressures to crack open rock layers and release the oil or gas trapped inside. At a March 28, 2018, public meeting, the Newtown Township Board of Supervisors approved Resolution 2018-R-10, which calls upon the Delaware River Basin Commission (DRBC) to “enact a complete and permanent ban on natural gas development and hydraulic fracturing and all related activities (including drilling, fracking, wastewater processing and discharges from and water withdrawals for drilling and fracking operations) throughout the basin” (read "Newtown Township Supports a Complete & Permanent Ban on Fracking and Related Activities").

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G

General Fund: (aka "Reserve Operating Fund"). Individual funds are created because of laws, grant requirements, or the desires of the governing body. All activity that has not been assigned to a specific individual fund is then accounted for in the General Fund (aka Reserve Fund). As a result, most people find the General Fund to be the most important fund. That is the fund that contains uncommitted resources that may be used for general purposes, including unforeseen expenses. [Source: Understanding Municipal Budgets & Financial Reports.]

General Fund Balance: The Government Finance Officers Association (GFOA) Best Practice recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less than two months (16%) of regular general fund operating revenues or regular general fund operating expenditures. [For Newtown with a 2019 budget of approximately $13 million, that would mean we should have a year-end fund balance of $2.17 million. The current projected GF year-end balance is about $1.3 million or about 10% of the operating budget.]

However, according to the GFOA, “The adequacy of unrestricted fund balance in the general fund should take into account each government’s own unique circumstances. For example, governments that may be vulnerable to natural disasters, more dependent on a volatile revenue source, or potentially subject to cuts in state aid and/or federal grants may need to maintain a [significantly] higher level in the unrestricted fund balance.” [Source: Fund Balance Guidelines for the General Fund]

Government Finance Officers Association (GFOA): The Government Finance Officers Association (GFOA), founded in 1906, represents public finance officials throughout the United States and Canada. The association's more than 19,400 members are federal, state/provincial, and local finance officials deeply involved in planning, financing, and implementing thousands of governmental operations in each of their jurisdictions. GFOA's mission is to advance excellence in state and local government financial management. GFOA has accepted the leadership challenge of public finance. To meet the many needs of its members, the organization provides best practice guidance, consulting, networking opportunities, publications including books, e-books, and periodicals, recognition programs, research, and training opportunities for those in the profession. Learn more about the GFOA, here.

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H

Historical Architectural Review Board (HARB): The Newtown HARB provides counsel to the Board of Supervisors regarding matters that are pertinent to the preservation of the historic aspect and nature of the structures located within the Township’s Historic District. Its mission is to protect the integrity of that district, characterized by structures of significant age and architectural importance, by reviewing the appropriateness of proposed changes to the exterior of buildings in the Historic District. The Board meets the second Wednesday of each month, 9:30 AM, in the Public Meeting Room of the township building. Its members serve a four-year term.

Home Owners Association (HOA): A Home Owners Association (HOA) is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property.

There are dozens of neighborhoods in Newtown (see list below). Many of them are managed by HOAs.

Brookside Cliveden Colonial Commons Country Bend Crown Pointe Delancey Court Devonshire Durham Lea Eagle Glen Eagle Ridge Eagleton Farms Eagleview at Cliveden Headley Trace

Hidden Valley Hidden Lake Hillhaven Kirkwood Knob Hill Lakeview Estates Liberty Square Linton Hill Chase Linton Hill Farms Mardot Village New Haven Newtown Crossing Newtown Estates

Newtown Gate Newtown Grant Newtown Meadows Newtown Ridge Estates Nob Hill Norwalk Penns Reserve Pheasant Pointe Pickering Chase Raintree Ridings Rosefield St. Andrew's Briar

St. Andrews Wood The Reserve Taylor Heights Twining Bridge Estates Tyler Walk Villas of Newtown Walnut Ridge Waterford Estates Wiltshire Walk Windermere Windrace Woods at Saxony Wrights Estates

Human Relations Commission (HRC): The Newtown Township Human Relations Commission was established by the Board of Supervisors of Newtown Township on November 28, 2018, by the enactment of the Newtown Township Anti-Discrimination Ordinance, in order to ensure that all persons, regardless of actual or perceived race, color, gender, religion, ancestry, genetic information, national origin, sexual orientation, gender identity, gender expression, familial status, marital status, age, mental or physical disability, use of guide or support animals and/or mechanical aids enjoy the full benefits of citizenship and are afforded equal opportunities for employment, housing and the use of public accommodations, and to have equal access to postsecondary educational institutions.

The Newtown Township Human Relations Commission shall consist of no fewer than three and no more than five members, appointed by the Board of Supervisors, who shall serve three year terms. Members shall be residents of the Township or individuals who work full-time within Newtown Township (learn more about the members here). No voting members shall hold any office in any political party.

Members of the Commission shall attend training and/or educational seminars or sessions as deemed necessary to serve on the commission, and to also familiarize themselves with the Pennsylvania Human Relations Act.

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I

Impervious Surface: An Impervious Surface is a surface that does not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the municipal engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

Impervious Surface Ratio: The impervious surface ratio is a measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the base site area.

Infiltration Trench: An Infiltration Trench is a linear stormwater BMP (Best Management Practice) consisting of a continuously perforated pipe at a minimum slope in a stone-filled trench (see figure). [Source: Remington-Vernick Engineer's "Stormwater Management Training"]

An example of an infiltration trench in Newtown is the "Dolington Deep Ditch" shown below. Obviously, this infiltration ditch was not properly constructed. For more on that, read “The “Dolington Deep Ditch” Must Be Repaired!”

Invasive Plant: An invasive plant is one which grows aggressively, spreads, displaces, other plants and has generally been introduced from other continents. Lacking natural predators, disease, or other natural controls, these plants can dominate large areas, diminish and/or limit biodiversity, are expensive to control and are directly responsible for the extinction and loss of natural plants that have evolved in communities with other plants, wildlife, insects, and other microorganisms. Lists of Invasive Plants are identified by the Pennsylvania Department of Agriculture and the Pennsylvania Department of Conservation & Natural Resources maintains a periodically updated list of Invasive Plants that is available to the general public.

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J

Joint Municipal Zoning Ordinance (JMZO): JMZO is an Ordinance Definition 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 or bodies of water for trade, industry, residence, recreation, public activities, or other purposes; and the uses of land for agriculture, water supply, conservation, or other purposes, in all portions of the Newtown Area Joint Municipal Planning Region ("Jointure" Definition), which comprises Newtown Township, Upper Makefield Township, and Wrightstown Township. Find the JMZO here. Also see the Joint Municipal Zoning Map (pdf).

Jointure: Newtown Township, Wrightstown Township and Upper Makefield Township determined, in 1982 that it is in the best interests of their residents to form an entity to adopt a joint municipal zoning ordinance and comprehensive plan in accordance with the provisions of the Pennsylvania Municipalities Planning Code. The resulting Jointure (aka "Newtown Area Jointure" Definition) was formed for the purposes of unified land use planning and zoning (see JMZO Definition). Before the Jointure, each municipality acted independently and was legally required to provide land for all uses in each township. The Jointure allows the three townships to provide for heavy residential, commercial and light development in one area, Newtown, while conserving Upper Makefield and Wrightstown for open space and farmland. This arrangement allows the municipalities to resist court challenges and maintain green space.

Because of urban sprawl, only two farms remain in Newtown Township. Without the protection of the Jointure, the population density of the three townships was projected to double. The Jointure, in effect, uses the expected (and accepted) growth of Newtown to stabilize the developmental impact on the other two municipalities. The area is now viewed as a healthy mix of urban, rural and suburban environments instead of three unrelated units.

Read "History of Jointure."

Joint Zoning Council (JZC): The Joint Zoning Council shall establish policy on matters of importance to the Jointure Definition. If requested by the Joint Zoning Council, the Joint Planning Commission shall offer input to Joint Zoning Council. The members of the governing body of each of the Participating Municipalities shall be members of the Joint Zoning Council, with the ability to attend and participate in all meetings of the Joint Zoning Council, provided that each municipality shall have no more than one vote only regardless of the number of representatives attending the meeting. The quorum for transaction of business by the Joint Zoning Council shall be at least one member of the governing body of each Participating Municipality.

The Joint Zoning Council shall have the responsibility of preparing a budget for the administration of the JMZO, including the operation of the Joint Planning Commission. The proposed budget shall be submitted by the Joint Zoning Council to the Participating· Municipalities at least ninety (90) days before the Participating Municipalities are required by law to adopt their budgets. [Source: Jointure Agreement]

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L

Level of Service (LOS): Level of Service (LOS) is the term used to denote the different operating conditions that occur on a given road segment under various traffic volume demands. LOS is a qualitative measure that considers a number of factors including road geometry, speed and travel delay. LOS provides an index to the operational qualities of a road segment or an intersection. LOS designations range from A to F, with LOS A representing the best operating conditions and LOS F representing the worst operating conditions.

For signalized intersections, LOS is based upon the average delay experienced by stopped vehicles and the operation is graded between A (least delay) and F (most delay). The following table describes the LOS gradation criteria for signalized intersections: 

Liquid Fuels Program: The Municipal Liquid Fuels Program funds a range of projects to support construction, reconstruction, maintenance and repair of public roads or streets. Funds are only available to municipalities who submit annual reports and make its deposits and payments or expenditures in compliance with the Liquid Fuels Tax Act.

The amount of a municipality's allocation is based on its population and miles of roads on their approved Liquid Fuels Inventory. To be placed on the system a road must have minimum of 33' right-of-way in a township and 16' in a borough. The "cartway" (drivable surface) must be a minimum width of 16', and the road must be a minimum of 250' in length. If the road is a dead end, it must have cul de sac (turnaround) at the end with a minimum 40' radius. To continue to receive Liquid Fuels funds, a road must be maintained in such a condition that it can be driven safely at 15 mph.

Local Economic Revitalization Tax Assistance Act (LERTA): An act authorizing local taxing authorities to provide for tax exemption for certain deteriorated industrial, commercial and other business property and for new construction in deteriorated areas of economically depressed communities. Certain qualifications apply. Access the ACT here.

Local Services Tax (LST): The Local Services Tax is a local tax payable by all individuals who hold a job or profession within a taxing jurisdiction (e.g., Newtown Township) imposing the tax. Currently, the assessment for LST in Newtown is $52 per year. According to the tax code, this tax may be used solely for the following purposes: emergency services, which shall include emergency medical services, police services and/or fire services; road construction and/or maintenance; reduction of property taxes.

(See Act511 Taxes Definition).

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M

Millage (Mill): The millage rate is the amount per $1,000 of property value that is used to calculate local property taxes. For example, the Newtown Township 8.49 mill tax (as of 2021) amounts to $370.16 yearly town tax on a home with a market value of $400,000 and an assessed value of $43,600 (the approximate average home market/assessed value in Newtown Township in 2018).

 

 

Source: Bucks County Millage Rates

MS4: MS4 stands for Municipal Separate Storm Sewer System. MS4s are conveyances or systems of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains that are owned or operated by a public entity, are designed or used for collecting or conveying StormWater Definition, and are not a combined sewer or part of a publicly owned treatment works. A municipality is bound by US Environmental Protection Agency (EPA) regulations for an MS4 when all or a portion of a municipality lies within an urbanized area (UA), as determined by the US Census Bureau. [Source: “Quick Resource Guide to the MS4 Program”;]

At the October 15, 2018, BOS meeting/2019 budget presentation, Supervisor Linda Bobrin asked about the budget item allocated to complying with this requirement. Township Manager Micah Lewis outlined a plan in the works to comply with the requirements without spending a huge sum of money. Part of that plan could eventually involve maintaining Catch Basins Definition owned by Home Owners Associations.

Multiproduct Fuel Dispenser (MPD): A dispenser that can deliver two or more products or product grades from the same side. An multi-product dispenser may be single hose (uni-hose) or multi-hose.

Municipal Assistance Program: The PA Municipal Assistance Program provides funding to assist local governments to plan for and efficiently implement a variety of services and improvements, and soundly manage development with an emphasis on intergovernmental approaches. Funding is available for three groups of activities: shared services, community planning and floodplain management. Grants of up to 50 percent of eligible costs.

Municipal Cure Amendment (aka "Municipal Cure"): A participating municipality of the Newtown Area Joint Zoning Jointure Definition, by formal action, may declare the Joint Municipal Zoning Ordinance or portions thereof substantially invalid and propose that the participating municipalities prepare a curative amendment to overcome such invalidity.

The declaration by a majority of the participating municipalities of the substantive invalidity of the Joint Municipal Zoning Ordinance shall be binding upon all the participating municipalities from the moment the initiating governing body declares the Joint Municipal Zoning Ordinance invalid, provided that the majority of all participating municipalities approves of the formal action within 30 days.

Within 180 days from the date of the declaration by the first participating municipality the municipalities shall enact a curative amendment to or reaffirm the validity of this to cure the declared invalidity of this Ordinance.

Upon the initiation of the procedures by the first governing body any participating governing body shall not be required to entertain or consider any landowner's curative amendment, nor shall the Local Zoning Hearing Board Definition be required to give a report requested.

Source: Article XVI, Newtown Area Zoning Jointure Code.

Municipalities Planning Code (MPC): The Pennsylvania MPC (Act of 1968, P.L.805, No.247) empowers counties and municipalities, individually or jointly, to plan their development and to govern the same by zoning, subdivision and land development (SALDO Definition) ordinances and additional tools.

Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD): The Manual on Uniform Traffic Control Devices for Streets and Highways, or MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public travel. The MUTCD, which has been administered by the FHWA since 1971, is a compilation of national standards for all traffic control devices, including road markings, highway signs, and traffic signals. It is updated periodically to accommodate the nation's changing transportation needs and address new safety technologies, traffic control tools, and traffic management techniques. More information and access to the manual...

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Native Plant: A Native Plant is one that occurs naturally in a region without human intervention and that was growing in the area prior to the time of European settlement. Such plants are adapted to the local climate and tend to be more drought resistant than introduced varieties and help preserve the balance and the beauty of natural ecosystems.

Net Position: The Statement of Net Position as in an audit, presents information on all of the city's assets, liabilities, and inflows and outflows of resources with the difference reported as net position. Over time, increases or decrease in net position may serve as an indicator of whether the financial position of the municipality is improving or deteriorating. According to the 2019 Newtown Township audit, the township's net position decreased each year from 2015 ($37,106,877) to 2019 ($31,955,572) - a 14% decrease.

Newtown Area Jointure: The Newtown Area Jointure (aka "Jointure" Definition) was formed in 1983 when Newtown Borough [1], Newtown Township, Wrightstown Township, and Upper Makefield Township determined that it was in the best interests of their residents to form an entity to adopt a joint municipal zoning ordinance and comprehensive plan in accordance with the provisions of the Pennsylvania Municipalities Planning Code. The resulting Jointure (Newtown Area Jointure) was formed for the purpose of unified land use planning and zoning.

Prior to the formation of the Jointure, each municipality acted independently and was legally required to provide land for all uses in each township. With the formation of the Jointure, the three townships are able to provide for heavy residential, commercial and light development in one area, while conserving others for open space and farmland. This arrangement allows the municipalities to make equitable land use decisions, while also maintaining green space.

[1] Newtown Borough pulled out of the Jointure in the mid 90's. At the time the Borough left the Jointure, the Borough did not see any advantage because it felt it was built out and not subject to any development or redevelopment pressures.

It was hoped that this arrangement would also allow the municipalities to resist court challenges and maintain green space. Before the Jointure, each municipality acted independently and was legally required to provide land for all uses in each township. The Jointure allows the three townships to provide for heavy residential, commercial and light development in one area, Newtown, while conserving Upper Makefield and Wrightstown for open space and farmland.



Because of urban sprawl, only two farms remain in Newtown Township. Without the protection of the Jointure, the population density of the three townships was projected to double. The Jointure, in effect, uses the expected (and accepted) growth of Newtown to stabilize the developmental impact on the other two municipalities. The area is now viewed as a healthy mix of urban, rural and suburban environments instead of three unrelated units.

NFPA Standard 3000: The National Fire Protection Association (NFPA) has released active shooter response standards called NFPA 3000 to help local governments improve resilience in preparing and managing hostile events. ... NFPA responded by establishing the NFPA Technical Committee on Cross Functional Emergency Preparedness and Response. The 46-member Technical Committee responsible for NFPA 3000 is NFPA’s largest startup Committee, to date, with representation from law enforcement, the fire service, emergency medical services, hospitals, emergency management, private security, private business, the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), the Department of Justice, and many more. Source: “NFPA Releases Active Shooter Response Standards.”

Nonconforming Lot: A nonconforming lot is one that, at the time of its establishment, met the minimum lots size requirements for the zone in which it is located but which, because of subsequent changes to the minimum lot size applicable to that zone, is now smaller than that minimum lot size.

Noxious Weed: A generally invasive plant that once declared Noxious by the Pennsylvania Department of Agriculture becomes illegal to sell, transport, plant, or otherwise propagate within the Commonwealth. Lists of noxious Weeds are periodically updated and are available from the Pennsylvania Department of Conservation and Natural Resources.

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Off-Premise Sign: An outdoor sign (aka “billboard”) whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a non-commercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located. Also referred to as a third-party sign, billboard, or outdoor advertising sign.

Office Research (OR) District: The intent of the Office Research District is to provide for special office and research, industrially related uses on large tracts of land, which will provide a major employment center for the Region while enhancing its open space characteristics and natural features. Design standards avoid adverse impacts and encourage high quality development which will relate compatibly to adjacent residential areas. However, due to the increased level of traffic and consideration of access and safety control, most uses are conditional. Interim low density uses such as various agricultural activities shall also be permitted.

For details, see Article V of the JMZO Definition: Residential Districts. Also see the Joint Municipal Zoning Map (pdf).

Open Space: Open Space refers to a parcel or parcels of land or a combination of land and lakes, ponds and streams within a development site used for recreation, farmland preservation or resource protection which shall remain undeveloped and is protected from future development by the provisions of JMZO Definition and the township Subdivision and Land Development Ordinance (SALDO Definition).

Required minimum open space area shall not include land occupied by roads; road rights-of-way; the yards or minimum lot areas of dwelling units; minimum separation distances between dwellings; driveways; parking areas; stormwater management areas, including basins regardless of depth, or any lands or uses or activities which are specifically prohibited in open space by the terms of the JMZO except where the governing body, determines that it's in the best interest of health, safety, and welfare to allow in the open space access ways and parking areas accessory to and necessary for agricultural, recreational or cultural public facilities permitted pursuant to JMZO.

For the purpose of the JMZO, open space shall not include areas preserved by public entities or not for profit foundations through fee simple acquisition or the purchase of conservation easements ("preserved property"). The uses of and activities on preserved property shall be governed by the deed of acquisition or conservation Easement Definition which preserved the property.

Ordinance: An ordinance is a law enacted by a municipal body, such as the Newtown Township Board of Supervisors (BOS Definition) or the Newtown Borough Council. Ordinances govern matters not already covered by state or federal laws such as zoning, safety and building regulations. Also see JMZO.

 

Overlay Zoning: Overlay Zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a specific resource or guide development within a special area.



Overlay districts can manage development in or near environmentally sensitive areas, such as groundwater recharge areas (e.g. to ensure water quality and quantity), special habitat (e.g. species or feature protection) or floodplains (e.g. prevent flood damage).

Common requirements may include building setbacks, density standards, lot sizes, impervious surface reduction and vegetation requirements. Structure requirements could include building floor height minimums and flood-proofing to high water level.

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Party Status: The parties to an official Zoning Hearing Board Definition hearing shall be the municipality, any person affected by the application who has made timely appearance of record before the board, and any other person including civic or community organizations permitted to appear by the board.  The board shall have 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. 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. [Source: 53 P.S. § 10908(3)]

Performance Subdivision: A Performance Subdivision is a land development in which mixed residential types are encouraged in order to promote sound land planning and to provide a variety of housing choices. Selected nonresidential uses or Conditional Uses Definition may be permitted in these subdivisions pursuant to an overall plan. Such subdivisions cluster housing to provide Open Space Definition.

Permitted Use: The term Permitted Use (aka "Use by Right") refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located. A ‘use by right’ is a use permitted in a zoning district and is therefore not subject to special review and approval by a local government. [source] Compare to Conditional Use.

PFOS/PFOA/PFAS: PFOS and PFOA stand for perfluorooctane sulfonate and perfluorooctanoic acid, respectively. Both are fluorinated organic chemicals, part of a larger family of compounds referred to as perfluoroalkyl substances (PFASs). PFAS consist of carbon chains of different lengths where the hydrogen atoms are completely (perfluorinated) or partly (polyfluorinated) substituted by fluorine atoms.

PFAS were widely used to make carpets, clothing, fabrics for furniture, paper packaging for food and other materials that are resistant to water, grease or stains. They were also used for firefighting at airfields and in a number of industrial processes.

PFOS and PFOA have the potential to be health concerns because they can stay in the environment and in the human body for long periods of time. Studies have found that these chemicals are present worldwide at very low levels in just about everyone’s blood. Higher blood levels have been found in community residents where local water supplies have been contaminated by PFOS and PFOA.

• Video: "Newtown Artesian Water Report on PFAS"
• Blog Post: "Levels of Perfluorinated Compounds in Newtown Township Water Are No Longer 'Nondectable'"

Planned Residential Development (PRD): According to the PA Municipalities Planning Code (MPC), PRDs are designed to encourage innovation and variety in development, provide better opportunities for housing, recreation, and open space, and better relate development design to the particular site. 

Planning Commission: The Board of Supervisors (BOS Definition) may create a Planning Commission and give the Commission the responsibility to create a Comprehensive Plan Definition for the township, to make recommendations for an official map, and to prepare zoning and subdivision and land development ordinances. Most planning commissions have an important role in reviewing proposed subdivision and land development (SALDO Definition) plans and making recommendations to the BOS for final approval. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

Working in conjunction with the Bucks County Planning Commission, the Township Planner, and other Township boards, commissions, committees and councils, the Newtown Township Planning Commission advises the Board of Supervisors on all planning, zoning and traffic matters, reviews Conditional Use Applications and Land Development Plans, and examines traffic impact issues. The Commission meets the first and third Tuesday of each month, 7:30 PM. Its members serve a four-year term.

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Real Estate Transfer Tax: Real Estate Transfer Tax is a tax assessed and imposed upon the transfer of real property or an interest in real property within the limits of Newtown Township, regardless of where the instruments making the transfers are made, executed or delivered or where the actual settlements on the transfer take place, at the rate of 1% of the amount of the value of said real property. This tax is split between the Township and the Council Rock School District.

(See Act511 Taxes Definition).

Real Property Tax: What’s often quoted as Newtown's “Real Estate” or “Real Property Tax” tax millage is actually composed several components dedicated to specific funds or projects. In 2021, these are (1) 4.5 Mills for General Purposes, (2) 1.875 Mills for debt services purposes (to pay off loans for road improvements, and other projects), (3) 1.00 Mills for fire protection (Fire Chief’s salary, health insurance, etc.), (4) 0.615 Mills for fire hydrant maintenance, and (5) 0.50 Mills for the Newtown Ambulance Squad. This adds up to 8.49 mills.

Retention Basin: Wet retention ponds/basins are a stormwater control structure that provides retention and treatment of contaminated stormwater runoff. By capturing and retaining stormwater runoff, wet retention ponds control stormwater quantity and quality. The ponds natural processes then work to remove pollutants. Retention ponds should be surrounded by natural vegetation to improve bank stability and improve aesthetic benefits.

Water is diverted to a wet retention pond by a network of underground pipes connecting storm drains to the pond. The system allows for large amounts of water to enter the pond, and the outlet lets out small amounts of water as needed to maintain the desired water level.

From a health standpoint, there is always a concern with standing water. This can be a drowning hazard, particularly with children. Ponds can also draw mosquitoes, which may contribute to the transmission of some diseases. Source: Stormwater Basins: How Detention and Retention Ponds Work. Compare to Detention Basin.

Regional Street Lighting Procurement Program (RSLPP): DVRPC’s Regional Street Lighting Procurement Program (RSLPP) pools the decision-making and purchasing power of municipalities so that they can confidently and cost effectively access the resources needed to complete an LED street and exterior lighting project. Municipal participants benefit from reduced product and labor pricing, a common step-by-step program timeline, access to financing, if needed, and technical and legal assistance in designing and implementing projects.

Reserve Fund (aka Operating Reserve Fund, General Fund): The board of supervisors shall have the power to create and maintain a separate operating reserve fund in order to minimize future revenue shortfalls and deficits, provide greater continuity and predictability in the funding of vital government services, minimize the need to increase taxes to balance the budget in times of fiscal distress, provide the capacity to undertake long-range financial planning and develop fiscal resources to meet long-term needs. [Source: Section 1508.1. of The Second Class Township Code (ACT 69).]

Resolution: A Resolution is a document adopted by the governing body to enact rules and procedures as well as to express an opinion rather than enacting a law. A Resolution is less formal than an ordinance. An example would be Newtown’s Gun Safety Resolution (Resolution 2018-R-17) and approved Resolution 2018-R-10, which supports a complete & permanent ban on fracking and related activities in the Delaware River Basin area.

Rezoning: A rezoning is an ordinance adopted by the municipality’s governing body (e.g., city council, borough council, township commissioners or township supervisors) amending the zoning map to re-designate one or several lots from one zoning district to another. For example, under the applicable statutory procedures, a municipality may rezone a property from a district that generally only allows for residential uses to one that permits commercial uses. Compare to Text Amendment Definition. [Source: "Rezoning and Text Amendments in Pennsylvania"; Pepper Hamilton LLP (2017).]

Right-of-Way: Land set aside as right-of-way for use as a street, alley, means of travel or public utility and for which a deed of easement, right-of-way or other dedication for such use is now or hereafter a matter of public record.

Right-to-Know (RTK) Law: The Right-to-Know (RTK) Law and Sunshine Act Definition are Pennsylvania’s primary public access laws. These laws guarantee the public’s right to access government information through public records and at public meetings, respectively. Public access to record and meetings is fundamental to the public’s ability to understand government actions and hold government officials accountable. PA Right-to-Know Law Quiz Results:

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SAFER Grant: The Staffing for Adequate Fire and Emergency Response Grants (SAFER) was created to provide funding directly to fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, "front line" firefighters available in their communities.



The goal of SAFER is to enhance the local fire departments' abilities to comply with staffing, response and operational standards established by the National Fire Protection Association. [source]

Signal Warrant: A signal warrant is a condition that an intersection must meet to justify a signal installation. The Manual on Uniform Traffic Control Devices (MUTCD) specifies eight "traffic control signal needs studies", known as warrants. However, "The satisfaction of a traffic signal warrant or warrants shall not in itself require the installation of a traffic control signal." The final decision is made based upon the traffic engineer's judgment.

The traffic engineer analyzes vehicle traffic volume, pedestrian activity, intersection crash history, and the physical environment in order to determine whether or not the intersection warrants a traffic control signal. [source]

Sketch Plan: A Sketch Plan is an optional submission which is offered to provide the applicant with the opportunity to discuss the proposed project with the Township on an informal basis. The applicant for a proposed major subdivision or land development is encouraged to submit a Sketch Plan before the preparation of the Preliminary Plan and formal application for approval. See Newtown Code of Ordinances.

Optional provisions can provide for a simple outline of the proposed project and will usually include such items as a location map, a property line map and general layout of the proposed subdivision or land development. Planning commissions or municipalities that encourage developers to voluntarily submit sketch plans afford an opportunity to both the developer and the community to discuss the proposed project on an informal basis.

[For an example of a Sketch Plan, read Toll Brothers Twining Bridge Road Proposal.]

Special Exception: A Special Exception is a permission or approval granted an applicant before the Zoning Hearing Board Definition to use land in a district for a purpose other than that generally permitted outright (“Use By Right” Definition) in that district. The permission or special exception is granted by the Zoning Hearing Board in accordance with the standards contained in the zoning ordinance, provided generally that the specific application of the use would not prove injurious to the public interest.

It is important to realize that the term special exception is a misnomer. It is neither special nor is it an exception. It is not a deviation from the zoning ordinance (JMZO Definition). An applicant for a Special Exception is following the zoning ordinance. A special exception is a use envisioned by the ordinance, and, if the express standards and criteria established by the ordinance are met, the use is one permitted by the ordinance.

[Source: “Special Exceptions, Conditional Uses and Variances”]

Spot Zoning: Spot-zoning occurs when a single parcel is zoned differently than surrounding uses for the sole benefit of the landowner. Such zoning is unlawful. Although property may lawfully be zoned differently than surrounding uses, pursuant to guiding planning documents (e.g., the comprehensive plan), policies and zoning ordinances, such varying uses are typically permitted only because they serve a public benefit or a useful purpose to the surrounding properties.

A simple test to determine if a rezoning is spot-zoning is to consider whether the rezoning complies with the comprehensive plan. If it does not, then it is spot-zoning. A fix for this scenario is to amend the plan and ordinance to allow for the proposed use before the rezoning occurs. [source]

Storm Water: Storm Water, also spelled Stormwater, is water that originates during precipitation events and snow/ice melt. Storm Water can soak into the soil, be held on the surface and evaporate, or runoff and end up in nearby streams, rivers, or other water bodies.

In natural landscapes such as forests, the soil absorbs much of the Storm Water and plants help hold Storm Water close to where it falls. In developed environments, unmanaged Storm Water can create two major issues: one related to the volume and timing of runoff water (flooding) and the other related to potential contaminants that the water is carrying (water pollution).

Storm Water Management: Storm Water Management is the effort to reduce runoff of rainwater or melted snow into streets, lawns and other sites and the improvement of water quality, according to the United States Environmental Protection Agency (EPA). Construction of Impervious Surfaces Definition, such as roofs, parking lots, and roadways, and the installation of storm sewer pipes which efficiently collect and discharge runoff, prevent the infiltration of rainfall into the soil.



In natural landscapes such as forests, the soil absorbs much of the Storm Water and plants help hold Storm Water close to where it falls. In developed environments, unmanaged Storm Water can create two major issues: one related to the volume and timing of runoff water (flooding) and the other related to potential contaminants that the water is carrying (water pollution).

Read about StormWater Management in Newtown Township.

Strategic Management Planning Program (SMTP): [Previously named "Early Intervention Program (EIP)"]. The Governor’s Center for Local Government Services offers the Strategic Management Planning Program (SMTP) to provide guidance for municipalities interested in an improved fiscal position. Financial assistance is available for the development and implementation of multiyear financial management plans. The goal of the SMTP is to promote management best practices to promote the financial stability of municipalities and ultimately avert fiscal distress. The SMTP provides local governments with grants up to $200,000 for 50 percent of the total project costs to develop and implement multi-year financial management programs and strategies. Applicants must provide the remaining 50 percent match. To learn more about the Strategic Management Planning Program, Click Here.

Subdivision and Land Development Ordinance (SALDO): A SALDO is a local law passed by either a municipality or county to regulate the subdividing and development of land. This ordinance protects against unwise, poorly planned growth. It also protects the property values of all land owners, as well as the interests of the developers.

An Ordinance establishing rules, regulations, and standards governing the subdivision and land development of land within the Township setting forth the procedures to be followed by the Board of Supervisors and Planning Commission and other authorized municipal personnel in administering these rules, regulations and standards, and setting forth the penalties for the violation thereof. See Newtown Code of Ordinances. Also see Subdivision and Land Development in Pennsylvania.

Substantive Validity Challenge: Under Pennsylvania law, the question of where certain uses are permitted to occur is fundamentally a local issue. By delegation of the police power through the Municipalities Planning Code, 53 P.S. §§10101 et seq., local governments are vested with the power to adopt zoning ordinances and zoning maps outlining what uses are allowed in what areas within their boundaries. Zoning ordinances are presumed to be valid, and the decision as to where specific uses are permitted is largely within the discretion of the local governing body.

A party challenging the substance of a zoning ordinance bears a heavy burden of proving the provisions are “arbitrary, and unreasonable, and have no substantial relationship to promoting its public health, safety, and welfare.” When reviewing these types of challenges, courts are required to balance the public interest to be served with the confiscatory or exclusionary impact of the ordinance on individual property rights. Although property owners frequently challenge the substantive validity of ordinances they feel are too confiscatory, objectors have also challenged ordinances for being too permissive of a certain use―alleging that they fail to have the required connection to public health, safety or welfare.

Source: "COMMONWEALTH COURT CONTINUES TO REJECT VALIDITY CHALLENGES TO ZONING ORDINANCES AUTHORIZING OIL AND GAS DEVELOPMENT"

Sunshine Act: The Sunshine Act and Right-to-Know Law Definition are Pennsylvania’s primary public access laws. These laws guarantee the public’s right to access government information at public meetings and through public records, respectively. Public access to meetings and records is fundamental to the public’s ability to understand government actions and hold government officials accountable.

Supervisor: The Newtown Township Board of Supervisors (aka BOS Definition) is comprised of 5 elected officials who serve their residents and taxpayers.

Township supervisors fulfill their elected official duties by regularly attending, and actively participating in, meetings of the board of supervisors. Township supervisors should actively seek input from their residents and tax payers, ask thoughtful questions of staff and advisory boards, be open-minded to new ideas, and work with their fellow board members for the good of their township This may mean setting aside preconceived notions and sometimes taking an unpopular position that is in the best interests of the township as a whole.

Read “A Month in the Life of a Newtown Supervisor: Meetings, Meetings, and More Meetings!”

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Tax Collection Committee (TCC): The Bucks County Tax Collection Committee is a consortium of local governments and school districts committed to improving the fiscal operations of the member entities. All meetings are open to the public and take place at 4:00pm at the Warwick Township Building, 1733 Township Greene, Jamison, PA 18929.

Text Amendment: A text amendment is an ordinance amending the text of a zoning Ordinance Definition without any facial effect on the zoning map. Text amendments can add or remove permitted uses within a zoning district or change the dimensional requirements applicable to buildings and other structures. Sometimes a rezoning and text amendment are done simultaneously to create an entirely new zoning district within a municipality to allow for a specific type of unique development in a certain location.

The process: "Following the initial request from a landowner or a developer, the governing body, if it chooses to proceed (which it is not required to do), must refer the proposed ordinance to the municipality’s planning commission and the county’s planning commission. The proposed ordinance may not be voted on and adopted by the municipality’s governing body until after the governing body has held a public hearing on the proposed ordinance. The public hearing may not occur before the municipality’s planning commission and the county’s planning commission have had at least 30 days to review and provide comments to the proposed ordinance, and the public hearing must be advertised two times in a newspaper of general circulation in the municipality. If a rezoning is being requested, notices of the public hearing must be sent to the owners of the property within the area being rezoned, and a notice of the public hearing must be conspicuously posted at points deemed sufficient by the municipality along the tract to notify potentially interested citizens. The Commonwealth Court of Pennsylvania has recently ruled that some text amendments must be noticed in a manner similar to rezonings when the proposed ordinance, while not amending any portion of the zoning map, clearly limits the practical effect of the ordinance to only one property or a small group of properties." [Source: "Rezoning and Text Amendments in Pennsylvania"; Pepper Hamilton LLP (2017).]

Compare to Rezoning Definition.

Township Engineer: The township engineer can be a valuable source of advice during road and bridge construction, site plan and subdivision reviews, and complex environmental issues The engineer also prepares plans, specifications, and estimates for proposed contracts and reviews bids to make sure they meet specifications. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

Township Solicitor: The Township Solicitor has control of the legal matters of the township including bonds, real estate transactions, review of ordinances, and actions in court. As in many professions, attorneys have specialties and not every attorney has a working knowledge of municipal law. In addition to the Township Solicitor, townships may appoint attorneys with specialties in land use law and labor law as special counsel. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

Traffic Impact Fee (aka Transportation Impact Fee): An Traffic Impact Fee is a charge or fee imposed by a municipality against new development in order to generate revenue for funding the costs of transportation capital improvements necessitated by and attributable to new development.

According to the PA “Transportation Impact Fees Handbook”, impact fees can be used for capacity improvements to accommodate traffic generated by new development, but not to address existing or anticipated deficiencies unrelated to the development.

“As a general rule,” according to the Handbook, “for impact fees to be an effective funding tool, potential should exist for development of at least 50 to 100 residential units per year and approximately 50,000 to 100,000 square feet of non-residential development per year for a minimum of five years. Municipalities that are near build-out or do not expect significant growth due to current zoning, economic conditions, environmental features, or preserved lands generally do not benefit from impact fees.”

Traffic Impact Fee Advisory Committee (TIFAC): A transportation capital improvements plan must be prepared and adopted by the governing body of the municipality (e.g., Newtown Township) prior to the enactment of any Impact Fee Definition Ordinance Definition.

This plan and calculation of the impact fees to be imposed to implement the plan is developed by a Traffic Impact Fee Advisory Committee (TIFAC) in accordance with the procedures, provisions and standards set forth in Act 209 Definition.

The TIFAC must be comprised of 7 to 15 members. Although an even number of members is permitted, an odd number is recommended to avoid tie votes on recommended actions to the governing body. A minimum of 40 percent of the TIFAC must be made up of real estate professionals, developers (commercial and/or residential), and building industry professionals that live or conduct business in the municipality. The remaining 60 percent must be residents.

If a municipality chooses, its planning commission may be appointed as the TIFAC, provided that the 40 percent requirement is met. If this cannot be met, appropriate people must be appointed to serve as ad hoc voting members of the advisory committee when the planning commission acts as the TIFAC.

It is desirable to have people with municipal planning experience serve on the committee, such as people who serve on the planning commission and/or other committees. However, municipal staff may not serve on the TIFAC.

Source: “Transportation Impact Fees Handbook”

During the 2019 Budget presentation before the Board of Supervisors (BOS) on October 15, 2018, former Newtown Township Manager Kurt Ferguson brought this issue to the forefront. He discussed the urgent need to form a Traffic Impact Fee Advisory Committee (TIFAC) in order to utilize the $1.6 million already collected from developers. See video:

Transportation Impact Study (TIS): a Transportation Impact Study (TIS) is an analyses of the impact of development conducted under the supervision of a Pennsylvania registered Professional Engineer to determine the full impact of proposed development on the transportation system. [Source: "Policies and Procedures for Transportation Impact Studies"] Example: "Wawa Newtown Bypass & Lower Silver Lake Road TIS"

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Use By Right: The term Use By Right (aka "Permitted Use") refers to a property owner’s use of property and structures in manners consistent with that which is listed as permissible in the zoning district in which his or her property is located. A Use By Right is a use permitted in a zoning district and is therefore not subject to special review and approval by a local government. [source] Compare to Conditional Use Permit.

Use by Special Exception: A Special Exception is a permission or approval granted an applicant before the Zoning Hearing Board Definition to use land in a district for a purpose other than that generally permitted outright (“Use By Right” Definition) in that district. The permission or special exception is granted by the Zoning Hearing Board in accordance with the standards contained in the zoning ordinance, provided generally that the specific application of the use would not prove injurious to the public interest.

It is important to realize that the term special exception is a misnomer. It is neither special nor is it an exception. It is not a deviation from the zoning ordinance (JMZO Definition). An applicant for a Special Exception is following the zoning ordinance. A special exception is a use envisioned by the ordinance, and, if the express standards and criteria established by the ordinance are met, the use is one permitted by the ordinance.

[Source: “Special Exceptions, Conditional Uses and Variances”]

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Variance: A variance is an administrative, discretionary, limited waiver or modification of a zoning requirement. It is applied in situations where the strict application of the requirement would result in a practical difficulty or unnecessary hardship for the landowner. Typically, the difficulty or hardship must be due to an unusual physical characteristic of the parcel. [source]

According to section 910.2 of the PA Municipal Planning Code (PA-MPC) regarding variances:

(a) The board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon 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 of 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.
2. 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.
3. That such unnecessary hardship has not been created by the appellant.
4. 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.
5. 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.
6. In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance.

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W

Watershed: A Watershed is an area of land where all of the water that is under it, or drains off of it collects into the same place (e.g. ... This water (including melted snow) eventually comes together (runoff) to form small streams which meet other streams further down and so forth until a river is formed.

Watersheds are important because the surface water features and stormwater runoff within a watershed ultimately drain to other bodies of water. Pollutants such as fertilizers and sediment wash directly into waterways carried by runoff from rain and snowmelt. These contaminants can infiltrate groundwater and concentrate in streams and rivers. It is essential to consider these downstream impacts when developing and implementing water quality protection and restoration actions. Everything upstream ends up downstream.

Work Session: In addition to the official biweekly Board of Supervisors (BOS Definition) public meetings required by law, the Newtown Township BOS holds public “Work Sessions” Definition – usually once per month. These are informal meeting during which Supervisors discuss various topics without making any official decisions; i.e., no motions are made and no votes taken. Often, developers are invited to Work Sessions to informally discuss Sketch Plans and get feedback from the BOS and the public. Other interested parties may also be invited to attend Work Sessions to make reports to the BOS. Whereas official biweekly Newtown BOS meetings are video recorded and telecast on Public Access Cable TV, Work Sessions are not, although minutes are recorded.

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Z

Zoning: Zoning is the process of dividing land in a municipality into zones (e.g. residential, industrial) in which certain land uses are permitted or prohibited. The type of zone determines whether planning permission for a given development is granted. Zoning may specify a variety of outright (“Use By Right” Definition) and Conditional Uses Definition of land. It may also indicate the size and dimensions of land area as well as the form and scale of buildings.

The primary purpose of zoning is to segregate uses that are thought to be incompatible. In practice, zoning also is used to prevent new development from interfering with existing uses and/or to preserve the "character" of a community.

See JMZO for a list of all zones and their uses in the Newtown Area, which includes Wrightstown and Upper Makefield Townships.

Zoning Hearing Board (ZHB): Townships that have enacted a zoning ordinance (e.g., Newtown Area JMZO Definition) are required to create a Zoning Hearing Board to hear appeals by applicants on the validity of the zoning ordinance or map or any decision of the zoning officer. In addition, the ZHB has the power to grant Variances Definition and Special Exceptions Definition to the zoning ordinance.

The Newtown ZHB is a five-member quasi-judicial board consisting of 5 residents of the township who may not hold any other elected or appointed township position. Members of the ZHB are appointed by the Board of Supervisors Definition.

The Zoning Hearing Board must appoint its own solicitor to assist it in deliberations, written decisions, and appeals. The township solicitor cannot also be the zoning hearing board solicitor since the opinions and decisions of the zoning hearing board may differ from the views of the supervisors In addition, the board of supervisors may, just as any affected citizen, appeal a decision of the zoning hearing board to the courts. [Source: Township Supervisors’ Handbook, 13th Edition (2018).]

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