ARTICLE
Section 100 Statement of Community Development
Objectives
It
shall be, and is hereby declared to be, the objective of Bedminster Township to
preserve prime agriculture and farmland and to provide for the orderly
development of the Community through its Zoning Ordinance and Subdivision
Regulations as presently in effect or hereafter amended in order to carry into
effect the purposes, plans, and guidelines as set forth in the Bedminster
Township Comprehensive Plan, which Plan is herein incorporated by reference.
Section 101 Title
An
Ordinance regulating and restricting the height of buildings and other
structures, the percentage of lot that may be occupied, the size of yards and
other open spaces, the density of population, and the location and use of
buildings, structures and land for agriculture, trade, industry, residence or
other purposes; creating districts and boundaries thereof; defining certain
terms used herein; and providing for the administration, enforcement, and
amendment of this Ordinance in accordance with the provisions of Pennsylvania
Municipalities Planning Code, as amended.
Section
102 Short Title
This Ordinance shall be known and may be cited as
"The Zoning Ordinance of the
Section 103 Purpose
This Ordinance is enacted in accordance with the
Pennsylvania Municipalities Planning Code, for the following purposes:
(1) To
promote, protect and facilitate one (1) or more of the following: the public
health, safety, morale, general welfare, coordinated and practical community
development, proper density of population, emergency management preparedness
and operations, airports, and national defense facilities, the provisions of
adequate light and air, 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 value
in the environment and the preservation of
forest, wetlands, aquifers and floodplains.
(2) To
prevent one (1) or more of the following: overcrowding of land, blight, danger
and congestion in travel and transportation, loss of health, life or property
from fire, panic or other dangers.
Zoning Ordinances shall be made in accordance with the spirit and intent
of the Comprehensive Plan, and with consideration for the character of the
municipality, its various parts and the suitability of the various parts of
particular uses and structures.
(3) To
preserve prime agriculture land and farmland considering topography, soil type
and classification, and present use.
(4) To
provide for the use of land within the municipality for residential housing of
various dwelling types encompassing all basic forms of housing, including
single-family and two-family dwellings, and a reasonable range of multi-family
dwellings in various arrangements, mobile homes and mobile home parks,
provided, however, that no Zoning Ordinance shall be deemed invalid for the
failure to provide for any other specific dwelling type.
(5) 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.
Section 104 Interpretation, Conflict and Other Laws
In
their interpretation and application, the provisions of this Ordinance shall be
held to be the minimum requirements adopted for the promotion of the public
health, safety, morals or the general welfare.
Wherever the requirements of this Ordinance are at variance with the
requirements of any lawfully adopted rules, regulations, or Ordinances
applicable to this Township or with one another, the most restrictive, or that
imposing the higher standards shall be controlling.
ARTICLE II. DEFINITIONS
Section
200 General
(1) Unless a contrary intention clearly appears,
the following words and phrases shall have for the purpose of this Ordinance
the meanings given in the following clauses.
(2) For
the purpose of this Ordinance words and terms used herein shall be interpreted
as follows:
a. Words used in the present tense include
the future.
b. The singular includes the plural.
c. The word "person" includes a
corporation, partnership, and association as well as the individual.
d. The word "lot" includes the
word "plot" or "parcel".
e. The term "shall" is always
mandatory.
f. The word "used" or
"occupied" as applied to any land or building shall be construed to
include the words: "intended, arranged or designed to be used or
occupied".
(3) Any
word or term not defined herein shall be used with a meaning of standard usage.
Section
201
A
building subordinate to the principal building on the same lot and used for
purposes customarily incidental to those of the principal building.
Section
202 Accessory Use
A use subordinate to the principal use of land or of a building on the same lot and customarily incidental thereto.
Section
202(a) Agricultural Operation
Those
operations, which include tilling, cultivation, and animal husbandry and which
qualify as earthmoving pursuant to Pennsylvania Department of Environmental
Protection (DEP) Chapter 102 Rules and Regulations.
Section 202(b) Agricultural
Structure
Any structure used in the production of agricultural, horticultural,
arboricultural, viticultural, apicultural, aquaculture, and dairy products,
and/or the keeping of livestock or poultry, including, but not limited to,
barns, sheds, silos, stables, corn bins, coops, runs, sties, pens, corrals,
manure pits/pools, hoop houses, and green houses. Structures used in conjunction with Industrial
Animal Production (Use A4), Commercial Kennels (Use A5), Noncommercial Kennels
(Use A6), and agricultural support businesses do not fall under this
definition.
Section
203 Alluvial Soil
Areas
which are subject to periodic flooding and are classified as being alluvial by
the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, Soil
Conservation Service, July 1975.
Section
204 Alterations
As
applied to a building or structure, a change or rearrangement in the structural
parts, or an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
Section
204(a) Animal Equivalent Unit
An Animal Equivalent Unit (AEU) is equal to one
thousand (1,000) pounds of live weight of livestock or poultry animals,
regardless of the actual numbers of animals.
Section 204(b) Banking
Banking is the reservation or
setting aside of land and/or space within a development or upon a lot to be
used at a later date to meet certain zoning or land use standards or
requirements.
Section
205 Buffer Yard
A
strip of required yard space adjacent to the boundary of a property or
District, not less in width than is designated in this Ordinance, and on which
is placed year-round shrubbery, hedges, evergreens, or other suitable
plantings. (See also Section 603).
Section 205(a) Buildable Area
The remainder of the Base
Site Area after subtracting the Protected Site Area (sum of natural resources
with Total and Partial Protection in all zoning districts, plus Recreation Land
in the R-3 Zoning District) or the Minimum Open Space area, whichever is
greater.
Section
206 Building
Any
structures, including a trailer, having a roof supported by columns, piers, or
walls used for the housing or enclosure of persons, animals or chattels.
(1) Detached. A building which has no party wall.
(2) Semi-detached. A building which has only one (1) party wall
in common with an adjacent building.
(3) Attached.
A building which has two (2) party walls
in common with adjacent buildings.
Section
207 Building Area
The
aggregate of the maximum horizontal cross-section area of all buildings on a
lot, excluding cornices, unroofed porches, paved terraces, steps, eaves, and
gutters.
Section
208 Building Coverage and
Building Line
Building
coverage means the percentage of the lot area covered by the building
area. The building line is an imaginary
line, parallel to the street, drawn the full width of the lot at the closest
point to the street of any building thereon.
Section
208(a) Building Envelope
The
building envelope is that area of a lot that has no development
restrictions. The building envelope
shall not include the area of any required setbacks, (except for driveways
which would cross yards), buffer yards, natural features with one hundred
percent (100%) protection standard and the portion of those natural features
that may not be developed or intruded upon as specified in Section 601
Environmental Performance Standards.
Section
209 Building Height
A
building's vertical measurement from the main level of the finished lot grade
in front of the building to the highest point in the roof line of a flat roof
or of a roof having a slope of less than fifteen (15) degrees from the
horizontal, and to a point midway between the peak and the eaves of a roof
having a slope of fifteen (15) degrees or more. (See also Section 508).
Section
210 Condominiums
(1) A condominium is an ownership
arrangements and not a land use, therefore, it is allowed in any district and
under the same restrictions of the residential land use that comprises it.
(2) A condominium is a dwelling unit which
has all of the following characteristics:
a. The unit (the interior and associated
exterior areas designated for private use in the development plan) is owned by
the occupant.
b. The unit may be any permitted dwelling
type.
c. All or a portion of the exterior open
space and any community interior spaces
are owned and maintained in accordance with the Pennsylvania Unit Property Act
of July 3, 1963, P.L. 196, and in
accordance with the provisions for open space, roads, or other development
features in the Ordinance and
subdivision and land development regulations.
Section
210(a) Covered Front Porch (CFP)
A building element attached
to the front façade of a residential dwelling, including the following
distinguishing features: a roof, support
posts or columns, elevation from the surrounding grade, non-enclosed, minimum
floor area, and complementary to the design of the dwelling to which they are
attached. CFP’s are required in certain
Performance Standard subdivisions, and other dwelling types.
Section
211 Density
Density is a measure of the number
of dwelling units per unit of area. It
shall be expressed in dwelling units per acre.
Section
212 Dwelling
(1) Dwelling. A building containing one (1) or more
dwelling units.
(2) Single
Family. A building, on a lot, designed
and occupied exclusively as a residence for one (1) family, including trailers
or mobile homes.
(3) Two-Family. A building, on a lot, designed and occupied
exclusively as a residence for two (2) families with one (1) family living
wholly or partly over the other.
(4) Multi-Family. A building, on a lot, designed and used
exclusively as a residence for three (3) or more families.
Section
213 Dwelling Unit
One (1) or more rooms designed and
equipped for one (1) family, or persons living together as one (1) family, to
occupy as a residence, but shall not include tourist homes, or cabins, lodging
houses, hotels, motels, or other similar places offering overnight
accommodations for transients.
Section
214 Employee or Number of
Employees
The greatest number of persons to be
employed on the premises in question at any one (1) time of the day or night.
Section
214(a) Façade Line
The façade line of any
dwelling or building is the line furthest from and parallel to the street line
(for front facades) or the rear lot line (for rear facades) and which touches
any wall of any dwelling or building which makes an angle of less than sixty
(60) degrees from parallel to the street line (for front facades) or the rear
lot line (for rear facades).
Section
215 Family
A person, or two (2) or more persons
related by blood, marriage, or adoption, or a group not exceeding four (4) persons
not related by blood or marriage occupying a premises and living as a single
nonprofit housekeeping unit with single cooking facilities.
Section
216
Any
building used for storing agricultural equipment or farm produce, housing live
stock or poultry, and processing dairy products. The term "
Section
217 Farmland
Areas
of agricultural soils classified as prime farmland and additional farmland of
statewide or local importance by the "Important Farmland Survey,"
Soil Conservation Service, as revised.
Farmland shall also be those areas on which sound conservation and best
management practices have been implemented, including, but not limited to, soil
erosion and sedimentation control, and nutrient management to enhance the
ability of the land to sustain long-term soil productivity.
Section
217(a) Farmland, Local Importance
In
Section 217(b) Farmland Preservation Tract
The portion of the Base Site Area encompassing the
Preserved Farmland Soils and protected in accordance with the requirements of
this Ordinance. The Farmland
Preservation Tract may include other soil classifications and other protected
natural resources located upon the site.
Structures and facilities such as residential dwellings, residential
accessory structures, stormwater management facilities, wastewater treatment or
disposal facilities, wells, roadways, and driveways shall not be located upon
the Farmland Preservation Tract.
Section
217(c) Farmland, Prime
Prime Farmland is land best
suited for producing food, feed, forage, fiber and oilseed crops, and also
available for these uses (the land could be cropland, pastureland, rangeland,
forest land, or other land but not developed land or water). It has the soil quality, growing season and
moisture supply needed to produce sustained high yields of crops economically
when treated and managed, including water management, according to modern
farming methods. Prime Farmland meets
the criteria set by the U. S. Department of Agriculture, as amended. The soils currently listed by the U.S.
Department of Agriculture that qualify as Prime Farmland in Bedminster Township
include, but may not be limited to, the following:
Arendtsville (ARB) Lawrenceville
(LkA)
Bedington (BeA, BeB) Lehigh
(LmA, LmB)
Brecknock (BrB)
Brownsburg (BsA, BsB) Manor (MaB)
Duffield (DfB) Neshaminy
(NbB)
Duncannon (DuA, DuB) Penn (PeA,
PeB)
Edgemont (EcB) Penn-Lansdale
(PnB)
Fountainville (FoA, FoB)
Gladstone (GlB) Readington
(ReA)
Glenville (GrA, GrB) Rowland
(Ro)
Washington
(WaB)
If the U. S. Department of Agriculture, Natural Resources
Conservation Service adopts new or revised soil criteria, which revises or
supplements the foregoing list of soils, any such amendments to the current
U.S.D.A. criteria are adopted herein as Prime Farmland by reference.
Section 217(d) Farmland Soils
All soils designated Capability Classes I, II, and III
by the U. S. Department of Agriculture, Natural Resources Conservation Service
and/or classified as Prime Farmland and Farmland of Statewide Importance under
this Ordinance.
Section 217(e) Farmland Soils, Preservation Ratio
The percentage of Farmland Soils upon a site that must
be preserved in accordance with the requirements of this Ordinance.
Section 217(f) Farmland Soils, Preserved
The portion of Farmland Soils upon a site that must be
preserved in accordance with the requirements of this Ordinance.
Section
217(g) Farmland, Statewide
Importance
Farmland of Statewide
Importance is, in addition to Prime Farmland, is of statewide importance for
the production of food, fiber, forage and oilseed crops. The Natural Resource Conservation Service has
designated Capability Class II land and Capability Class III land that does not
qualify as Prime Farmland as additional Farmland of Statewide Importance in
Abbottstown (
Amwell (AmA, AmB)
Arendtsville (ArC) Lawrenceville
(LkB)
Bedington (BeC) Lehigh
(LmC)
Brecknock (BrC) Manor
(MaC)
Brownsburg (BsC) Mount
Lucas (MlC)
Buckingham (BwB) Neshaminy
(NbC)
Chalfont (CbA, CbB) Nockamixon
(NkA, NkB, NkC)
Culleoka (CyB,CyC) Penn-Klinesville
(PkB,PkC, PkD)
Duffield (DgC) Penn-Lansdale
(PnC)
Edgemont (EcC)
Fountainville (FoC) Readington
(ReB)
Gladstone (GlC) Reaville
(RlA, RlB, RlC)
Glenelg (GnC) Steinsburg
(StB,StC)
Hatboro (Ha) Washington
(WaC)
If the U. S. Department of
Agriculture, Natural Resources Conservation Service adopts new or revised soil
criteria, which revises or supplements the foregoing list of soils, any such
amendments to the current U.S.D.A. criteria are adopted herein as Farmland of
Statewide Importance by reference.
Section
218 Floodplain
The identified floodplain area shall
be those areas of
(1) FW
(Floodway Area) – the areas identified as “Floodway” in the AE Zone in the
Flood Insurance Study prepared by the FEMA.
The term shall also include floodway areas which have been identified in
other available studies or sources of information for those floodplain areas
where no floodway has been identified in the Flood Insurance Study.
(2) FF (Flood-Fringe Area)
– the remaining portions of the 100-year floodplain in those areas identified
as an AE Zone in the Flood Insurance study, where a floodway has been
delineated. The basis for the outermost
boundary of this area shall be the 100-year flood elevations as shown in the
flood profiles contained in the Flood Insurance Study.
(3) FA (General Floodplain Area) – the areas identified as Zone
A in the FIS for which no 100-year flood elevations have been provided. When available, information from other
Federal, State, and other acceptable sources shall be used to determine the
100-year elevation, as well as a floodway area, if possible. When no other information is available, the
100-year elevation shall be determined by using a point on the boundary of the
identified floodplain area which is nearest the construction site in question.
Section
218(a) Floodplain Soils
Areas
subject to periodic flooding and listed in the Soil Survey of Bucks and
Alluvial
land (Ae) Marsh
(Mh)
Bowmansville
silt loam (Bo) Rowland
silt loam (Ro)
Hatboro
silt loam (Ha)
Section
219 Floor Area
The sum of the areas of the several
floors of the building or structure, including areas used for human occupancy
or required for the conduct of the business or use, and basements, attics and
penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed
porches, attics not used for human occupancy, nor any floor space in an
accessory building or in the main building intended or designed for the parking
of motor vehicles in order to meet the parking requirements of this Ordinance,
or any such floor space intended and designed for accessory heating and
ventilating equipment.
Section
220 Floor Area Ratio
The ratio of the floor area to the
lot area, as determined by dividing the floor area by the lot area.
Section 220(a) Fracture Trace
Linear
features in bedrock caused by erosion along fractures or zones of fractures and
readily visible on aerial photographs.
Section 220(b) Hazardous Material
A
product or waste, or combination of substances, that because of the quantity,
concentration, physical, chemical or infectious characteristics, if not
properly treated, stored, transported, used or disposed of, or otherwise
managed, would create a potential threat to public health through direct or
indirect introduction into groundwater resources and the subsurface environment
which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not
limited to, material which may be included on one or more of the following
lists:
(1) Occupational Safety and Health Act, 29
CFR, Part 1910, Subpart Z - Extremely Hazardous Substance List.
(2) American Conference of Government
Industrial Hygienists, Threshold Limit
Values for Chemical Substances and Physical Agents in the Work Environment
(last edition).
(3) National Toxicology Program, Annual Report on Carcinogens (last
edition).
(4) International Agency for Research on
Cancer Monographs (last edition).
(5)
(6) “Hazardous Substances” defined pursuant
to Section 311 of the Federal Clean Water Act.
(7) “Toxic Materials” defined pursuant to
Section 307 of the Federal Clean Water Act.
(8) “Hazardous Wastes” defined pursuant to
Chapter 75 of DEP Rules and Regulations.
(9) “Hazardous Wastes” defined pursuant to
Section 101 of the Federal Resource Conservation and Recovery Act.
Section 220(c) Hazardous Substance Survey Form
A
document required by the Pennsylvania Worker and Community Right-to-Know Act
which provides a listing of all hazardous substances found in the workplace.
Section
221 Hydric Soils
A soil
that is saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions that favor the growth and regeneration of wetlands
vegetation. Wetlands vegetation are
those plant species that have adapted to the saturated soils and periodic
inundation's occurring in wetlands. The
following soils, classified in the Soil Survey of Bucks and
Bowmansville
silt loam (Bo) Hatboro
silt loam (Ha)
Doylestown
silt loam (DoA) Towhee
silt loam (ToA, ToB)
Fallsington
silt loam (Fa) Towhee
extremely stony silt loam (TwA, TwB)
Section
222 Home Occupation or
Accessory Professional Office Use
An
occupation or professional use which is customarily carried on in a dwelling
unit, or a structure accessory thereto, clearly secondary and incidental to the
dwelling in which the practitioner resides.
Section
223 Impervious Surface
Impervious
surfaces are those surfaces which do not absorb rain. All buildings, parking areas, driveways,
roads, sidewalks, and any areas in concrete, asphalt, and packing stone shall
be considered impervious surfaces within this definition. In addition, other areas determined by the
Township Engineer to be impervious within the meaning of this definition will
also be classified as impervious surfaces.
Section
224 Impervious Surface Ratio
The
impervious surface ratio is a measure of the intensity of use of a piece of
land based upon how much of the land is covered with impervious surfaces. Each use and/or zoning district has a maximum
allowable impervious surface ratio associated with it. The impervious surface ratio for a specific
site or lot is calculated by dividing all the impervious surfaces on the site
or lot by the Base Site Area of that site or lot.
Section 224(a) Impervious Surface Ratio, Site Maximum
The
maximum amount of impervious surface allowed on a site, as a whole, undergoing
subdivision or land development. This
number will be lower than the Lot Maximum Impervious Surface Ratio to ensure
that any subsequent property owners will have the ability to further improve
their lots after subdivision/land development approval.
Section 224(b) Impervious Surface Ratio,
The
maximum amount of impervious surface allowed on a lot not undergoing
subdivision or land development. For
sites undergoing subdivision and/or land development, the stormwater
calculations shall be based upon the Lot Maximum Impervious Surface Ratio for
all the lots involved in or created out of such subdivision/land development.
Section
225 Kennel, Commercial Dog
An
establishment where six (6) dogs of six (6) months and older are kept for the
purpose of breeding, boarding, sale or show purposes.
Section
226 Lakes and Ponds
Natural
or artificial bodies of water which retain water, exclusive of detention
basins. Artificial ponds may be created
by dams, or result from excavation. The
shoreline of such water-bodies shall be measured from the spillway crest
elevation rather than permanent pool if there is any difference. Lakes are bodies of water two (2) or more
acres in extent. Ponds are any water
body less than two (2) acres in extent.
Section
226(a)
The landside edges of lakes and
ponds from established shoreline to an upland boundary.
Section 226(b) Large Volume Subsurface Sewage Disposal
System
A
sewage disposal facility which is designed to discharge directly to the soil
profile, whether natural or enhanced, and which has a design capacity in excess
of ten thousand (10,000) gallons per day.
Section 226(c) Large Volume Spray Irrigation Sewage
Disposal System
A
sewage disposal facility which is designed to treat wastewater with ultimate
disposal of effluent being to the land surface via a spray mechanism and which
is designed for more than two thousand (2,000) gallons per day.
Section
227
A
designated parcel, tract or area of land established by a plat or otherwise as
permitted by law and to be used, developed or built upon as a unit.
Section
228
The
area contained within the property lines of the individual parcels of land
shown on a subdivision plan or required by this Ordinance, excluding any area
within the existing or designated future street right-of-way, or any area
required as open space under this Ordinance, or the area of any easements.
Section
229
The
average lot area for all dwelling units of a single type. Individual lots may be smaller or larger than
the average, provided that the average size is maintained and that all other
standards of this Ordinance are met.
Section
230
A parcel of land at the junction of
and fronting on two (2) or more intersecting streets.
Section
231
Any boundary
line of a lot.
(1) Lot Line, Front: Any lot line abutting the street at the
future right-of-way line.
(2) Lot Line, Rear: Any lot line parallel to or within forty-five
(45) degrees of being parallel to a street line that is not street line itself. In the case of a corner lot or a lot with
frontage on more than one (1) street, the lot line opposite the street line
faced by the principal structure upon the lot shall be the rear lot line. In the case of a lot having no street
frontage or a lot of an odd shape, only the one (1) lot line furthest from any
street shall be considered the rear lot line.
In the case where the side property lines meet in a point, the rear lot
line shall be a line not less than five (5) feet long, lying within the lot and
parallel to the opposite street line.
(3) Lot Line, Side: Any lot line that is not a front lot line or
a rear lot line.
Section
232
The width of a lot measured at the
minimum front yard line.
Section
233 Motel
A
building or group of buildings for the accommodation of transient guests,
chiefly motorists, containing guest rooms for rent.
Section
234 Motor Vehicle Service
Station
Any
area of land, including structures thereon, or any building or part thereof,
that is used for sale of gasoline or other vehicle fuel or accessories, and
which may or may not include facilities for lubricating, washing, or otherwise
servicing motor vehicles, but which shall not include painting, body and fender
repairs, or sale, rental, and storage of vehicles.
Section
235 Non-Conforming
A
building or other structure, use, or lot, lawful when created, which for reason
of design, size, or use does not conform with the requirements of the district
or districts in which it is located.
Section 235(a) Nutrient Management Plan
A
document applicable to agricultural properties which describes the storage,
handling and application of fertilizers, including manure, related to
agricultural protection.
Section
236 Off-Street Loading Space
An
on-the-property space for the standing, loading, and unloading of vehicles to
avoid undue interference with the public use of streets and alleys. Such space shall not be less than fourteen
(14) feet in width, fifteen (15) feet in height and fifty-five (55) feet in
length, exclusive of access aisles and maneuvering spaces.
Section
237 Off-Street Parking Space
Space containing a minimum area required by this Ordinance for the parking of an automobile. In determining the dimensions of space, access drives and aisles shall not be included. Minimum vertical clearance shall be six and one-half (6.5) feet.
Section
238 Open Space
Open space is land reserved and
used for recreation, resource protection, or amenity. Open space must be freely accessible to all
residents and shall be protected by the provisions of this Ordinance and the
Subdivision and Land Development Ordinance to ensure that it remains in such
uses. Use B2 - Single-Family Detached
Cluster, Use B3 - Performance Standard Development, Use B4 - Elderly Housing,
and Use B5 -
Section
238(a) Open Space Ratio
The
open space ratio is a measure of the intensity of land use based upon how much
of the land is kept in open space. Each
use and/or zoning district has a minimum required open space ratio associated
with it. The open space ratio for a
specific site is calculated by dividing all the open space on the site by the
Base Site Area of that site.
Section 239 Overall Dwelling Depth
The distance between the
front façade line and rear façade line for an individual dwelling. For calculation purposes only, the minimum
allowed overall dwelling depth is twenty-four (24) feet.
Section 239(a) Pesticide Management Plan
A
document applicable to agricultural properties which describes the storage,
handling and application of products to control pests and undesirable
vegetation related to agricultural production.
Section 239(b) Pollution Incident Prevention
An
environmental emergency response document authorized by Chapter 101 of the DEP
Rules and Regulations which is applicable to facilities which handle materials
with the potential for accidental pollution of the Waters of the
Commonwealth. Specific requirements for
a PIP plan are contained in “Guidelines for the Development Implementation of
Environmental Response Plans,” PADEP, September 1990.
Section 239(c) Preparedness, Prevention and Contingency
(PPC) Plan
An
environmental emergency response document required by the Federal Resource
Conservation and Recovery Act (as amended by the Hazardous and Solid Waste
Amendments of 1984), the Pennsylvania Solid Waste Management Act, and the DEP
Hazardous Waste Regulations (Chapters 260-270) applicable to facilities which
generate, store, treat or dispose of hazardous wastes. Hazardous wastes are those defined with the
DEP regulations or other wastes which meet specific characteristic tests.
Section
240 Private Garage
An
accessory building used for the storage of motor vehicles and farm equipment,
which may include one (1) commercial vehicle, and for the storage of not more
than two (2) private noncommercial vehicles owned and used by persons other
than the owner or tenant of the premises.
Section 241 Protected Farmland Soils
All soils designated Capability
Classes I, II, and III and classified as Prime Farmland and Farmland of
Statewide Importance under this Ordinance.
Section 241(a) Protected Public Water Supply Well
Any
well used or intended to be used as a groundwater supply source as part of a
public water supply system for which wellhead protection areas have been
established.
Section 241(b) Protected
Site Area
The portion of a site undergoing subdivision or land development that may
not be developed in accordance with provisions of this Ordinance. This Area must be protected from development
either because it is farmland or it is the portion of a natural resource that
must be protected in accordance with Section 602 of this Ordinance. In other words, it is the sum of the areas of
natural resources with Total or Partial Protection Ratios. See Section 602 - Site Capacity Calculations.
Section
242 Public Water and Public
Sewer
A
public water is any municipality or privately owned water system for the
distribution and sale of water, in accordance with the laws of the
Section
242(a) Required Vehicle Area (RVA)
An area within a residential
lot for off-street parking of vehicles associated with that lot.
Section 242(b) Right-of-Way
(1) Right-of-Way: Land set aside for use as a street, alley, or
other means of travel.
(2) Existing Right-of-Way: The legal right-of-way currently in existence
as established by the Commonwealth, other appropriate governing authority, or
an utility.
(3) Future Right-of-Way: The right-of-way deemed necessary to provide
adequate width for future street improvements as set forth in this Ordinance
and the Township’s Subdivision and Land Development Ordinance. Future right-of-way may also be referred to
as ultimate right-of-way.
Section
243 Riparian Buffer
An area of trees and other vegetation located in
areas adjoining and upgradient from surface water bodies and designed to
intercept surface runoff, wastewater, subsurface flow, and deeper groundwater
flows from upland sources for the purpose of removing or buffering the effects
of associated nutrients, sediment, organic matter, pesticides, or other
pollutants prior to entry into surface waters and groundwater recharge areas.
Section 243(a) SARA
Title III Off-Site Plan
A
document required by the Federal Superfund Amendments and Reauthorization Act
(SARA) which applies to employers who have extremely hazardous substances in
the workplace. The document identifies
the transportation routes of extremely hazardous substances, a description of
the workplace, and a risk analysis of the operation to the surrounding
community.
Section 243(b) SARA
Title III, Tier I & Tier II Reports
Documents
required by the Federal Superfund Amendments and Reauthorization Act (SARA)
which apply to employers who have extremely hazardous substances in the
workplace. The Tier I document lists the
amounts and locations within the workplace of extremely hazardous substances by
type of hazard (e.g., fire, explosion, acute health hazard). The Tier II document provides a listing of
each specific extremely hazardous substance in the workplace and each specific
extremely hazardous substance, in the workplace and each specific hazardous
substance, exceeding ten thousand (10,000) pounds on site at any one time.
Section 243(c) Sewage
Any
substance that contains any of the waste products or excrement or other
discharge from the bodies of human beings or animals and any noxious or
deleterious substances being harmful or inimical to the public health, or to
animal or aquatic life, or to the use of water for domestic water supply or for
recreation, or which constitutes pollution under the Act of June 22, 1937 (P.L.
1987 No. 394), known as “The Clean Streams Law,” as amended.
Section
244 Sign
Any
structure, device, display or part thereof, or device attached thereto, or
painted or represented thereon, located outside, on or within the building in
such a manner that the sign is viewed from outside the building, which shall be
used for the purpose of bringing the subject thereof to the attention of the
public or which displays or includes any letter, word, motto, banner, pennant,
flag, insignia, device or representation which is in the nature of an
advertisement, announcement, direction or attraction, but not including the
flag, emblem, or insignia of the United States of America, the Commonwealth of
Pennsylvania, or any political subdivision thereof.
Section
245 Single and Separate Ownership
The
ownership of a lot by one (1) or more persons, partnerships, or corporations,
which ownership is separate and distinct from that of any adjoining lot.
Section
246 Site
A lot or parcel of land or
combination of contiguous lots or parcels of land on which a plan for
subdivision or land development is proposed.
Section
247 Site Area
All the land area within a
site. Site area shall be calculated from
an actual site survey rather than from the deed description.
Section 247(a) Site Area, Base
The remainder of the Site
Area after subtracting all existing easements, rights-of-way, non-contiguous
lands, lands used or zoned for other purposes, lands reserved from previously
approved subdivisions/land developments and other lands identified in Sections
602 - Site Capacity Calculations.
Section 247(b) Site Area, Net Buildable
The remainder of the Base
Site Area after subtracting all lands with Total Protection Ratios. See Section 602 - Site Capacity Calculations.
Section 247(c) Spill Prevention Control and
Countermeasure (SPCC) Plan
An
environmental emergency response document required by the Federal Clean Water
Act for facilities which handle hazardous substances as defined in the Clean
Water Act. The plan requirements are
virtually the same as for a PIP plan.
Section 247(d) Spill Prevent Response (SPR) Plan
An
environmental emergency response document required by the Pennsylvania Storage
Tank and Spill Prevention Act (STSPA) for facilities with an aboveground
storage tank exceeding a volume of twenty-one thousand (21,000) gallons. The plan requirements are specified in
Sections 902 and 903 of the STSPA. A
downstream notification requirement applies to regulated tanks adjacent to the
surface waters.
Section
248 Steep Slopes
Areas
of at least one-quarter (.25) acre in size where the average slope exceeds
fifteen percent (15%) which, because of this slope, are subject to high rates
of stormwater runoff and, therefore, erosion and flooding.
Section 248(a) Storage Tank - Aboveground
A
tank which contains substances as regulated under the Storage Tank and Spill
Prevent Act (STSPA) which meets the following criteria: a stationary tank two hundred fifty (250)
gallons or more of capacity with greater than ninety percent (90%) of its
capacity aboveground. Specific
exceptions to this definition are included within the STSPA.
Section 248(b) Storage Tank - Underground
A
tank which contains substances as regulated under the Storage Tank and Spill
Prevention Act (STSPA) which meets the following criteria: a tank with one hundred ten (110) gallons or
more of capacity with ten percent (10%) or greater of its capacity beneath the
ground surface. Specific exceptions to
this definition are included within the STSPA.
Section
249 Story
That
part of a building located between a floor and the floor or roof next
above. The first story of a building is
the lowest story having seventy-five percent (75%) or more of its wall area
above grade level.
Section
250 Stream
A watercourse having banks and
channel which has a continuous flow of water, or for a majority of the year.
Section
251 Street
(1) A public or private open way used or
intended to be used for passage or travel by automotive vehicles. If private, such way must be used or intended
to be used as the principal means of access to abutting lot or lots or to more
than two (2) dwellings on a lot on which a private way is exclusively located.
(2) Streets
are further classified as follows:
a. Arterial Road -
Designed for large volumes and high speed traffic with access to abutting properties restricted.
b. Collector Road -
Designed to carry a moderate volume of fast moving traffic from primary and
secondary streets to arterial streets, with access to abutting properties
restricted.
c. Primary Street -
Designed to carry a moderate volume of traffic, to intercept secondary streets, to provide
routes to collector streets and to community facilities, and to provide access
to abutting properties.
d. Rural Road -
Designed at present to provide access to abutting properties, the design in the future will be identical to
the design for primary streets.
e. Secondary Street -
Designed to provide access to abutting properties and a route to primary
streets.
f. Marginal Access
Street - A secondary street which is parallel to and adjacent to an
arterial or collector road and which provides access to abutting properties and
protection from through traffic.
g. Dual Purpose Street
- A private cul-de-sac street used or intended to be used for both passage of travel
by automotive vehicles and as an
airstrip, allowable only within an air park, subject to the limitations
contained in the definition of that term in the Table of Uses hereunder. A dual purpose road may abut or be connected
to a rural road or secondary street.
Section
252 Street Line
The
dividing line between the street and the lot.
The street line shall be the same as the legal right-of-way provided
that the street line shall be not less than twenty-five (25) feet from the
centerline of any street nor less than provided for in Section 510 hereof.
Section
253 Structure
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including trailers.
Section
254 Swale
A
watercourse having a channel which is part of the natural or man-made
stormwater drainage system. Stormwater
runoff is the only source of water flow.
Floodplain soils may or may not be found within a swale.
Section
255 Trailer or Mobile Home
Any
vehicle designed, intended, arranged, or used for living, eating, sleeping,
business or other similar purposes, whether arranged to stand on wheels or
rigid supports.
Section
A lot or premises used for occupancy
by two (2) or more trailers or mobile home units for any length of time.
Section
257 Tree Protection Zone TPZ
An
area that is radial to the trunk of a tree in which no construction activity
shall occur. The tree protection zone
shall be fifteen (15) feet from the trunk of the tree to be retained, or the
distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands,
the tree protection zone shall be the aggregate of the protection zones for the
individual trees.
Section
258 Watercourse
Any natural
or artificial stream, river, creek, ditch, channel, canal, waterway, gully or
ravine in which water flows in a definite direction or course, either
continuously or intermittently, and has a defined bed and banks.
Section
259 Wetlands
Those areas that are inundated and
saturated by surface or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions, including swamps,
marshes, bogs and similar areas.
Section
260 Wetlands Margin
The transitional area extending from
the outer limit of the wetland.
Section
261 Woodlands
One-quarter
(.25) acre or more of wooded land where the largest trees measure at least six
(6) inches in diameter at breast height (dbh) or four and one-half (4.5) feet
from the ground. The woodland shall be
measured from the dripline of the outer trees.
Woodlands are also a grove of trees forming one (1) canopy where ten
(10) or more trees measure at least ten (10) inches diameter at breast height
(dbh).
Section
262 Yard
(1) Yard:
An open space unobstructed from the ground up extending inward at a
ninety degree (90º) angle from a lot line or street line a required distance
set forth in this Ordinance. Unless
specifically allowed by this Ordinance, no structure may be constructed within
any required yard as measured as the shortest distance between the structure
and the lot or street line.
(2) Yard, Front: A yard extending in from a street line and
running along the entire length of the street line for the full width of the
lot. Where a lot fronts more than one
(1) street, the yards extending along all streets shall be considered front
yards.
(3) Yard, Rear: A yard extending in from the rear lot line
and running along the entire length of the rear lot line for the full width of
the lot.
(4) Yard, Side: A yard extending
in from a side lot line and running along the entire length of the side lot
line for the full depth of the lot.
ARTICLE III. ESTABLISHMENT OF DISTRICTS, BOUNDARY INTERPRETATION
Section
300 Establishment of Districts
(1)
(2) Every
parcel of land and every building or other structure in the Township, except as
otherwise provided by law or by this Ordinance, shall be subject to the
regulations, restrictions, and requirements specified for the district in which
it is located.
Section
301 Types of Districts
For purposes of this Ordinance,
AP Agriculture Preservation District
VR-1 Village Residential-1 District
VR-2 Village Residential-2 District
R-3 Residential District
C-1 Local Commercial District
I Industrial District
Section
302 Zoning Districts Map
Districts are bounded and defined as
shown on the map entitled "Zoning Map of Bedminster Township", which
accompanies and which, with all explanatory matters thereon, is hereby made a
part of this Ordinance.
Section
303 Interpretation of District
Boundaries
Where uncertainty exists as to boundaries of any district as shown on said map, the following rules shall apply:
(1) District
Boundary lines are intended to follow the center line of streets, streams,
railroads; and lot or property lines as they exist on plans of record at the
time of the adoption of this Ordinance, unless such district boundary lines are
fixed by dimensions as shown on the Zoning Map.
(2) Where
a district boundary is not fixed by dimensions and where it approximately
follows lot lines, and where it does not scale more than ten (10) feet
therefrom, such lot lines shall be construed to be such boundaries unless
specifically shown otherwise.
(3) In
unsubdivided land or where a district boundary divides a lot, the location of
such boundary, unless the same is indicated by dimensions, shall be determined
by the use of the scale appearing on the map.
(4) In
case any further uncertainty exists, the Zoning Hearing Board shall interpret
the intent of the map as to location of district boundaries.
Section
304 Statement of Purpose and
Intent for the Districts
AP Agriculture Preservation District
- The purpose of the Agriculture Preservation District is to recognize and
protect the area designated as a significant agricultural area by
The
various minimum and maximum lot size requirements imposed upon residential uses
in this District are designed to avoid intensive residential development in the
AP District while simultaneously preserving and protecting existing farmland
and agricultural soils. It is the
Township’s finding that intense residential development adjacent to farming
operations results in severe, detrimental impacts on agriculture and
agricultural operations due to recognized conflicts between new residents in a
farming area and existing farming operations.
These residential/agricultural conflicts consist of increased trash in
farm fields, increased traffic on country roads which impede the movement of
farming equipment in an agricultural area, increased complaints and land use
conflicts between new residents and existing agricultural operations with respect
to noise, odors, dust and fumes, and increased pressure to extend public water
and public sewer infrastructure into existing rural and agricultural
communities thereby resulting in rapid loss of farmland. The minimum lot size in the AP District is also
intended to provide sufficient area for on-lot water and on-lot sewer
facilities while at the same time providing a sufficient buffer area on the
individual lots from any farming operation disturbances.
VR-1 Village Residential-1 District -
This District is intended to recognize and preserve the unique residential
character of all, or portions of, the Township's villages.
VR-2 Village Residential-2 District -
This District is intended to promote and preserve the village character by
permitting a variety of residential and agricultural uses. Limited commercial uses are also intended for
this District to provide for a mix of uses that are compatible with the
village.
R-3 Residential District - The
purpose of this District is to accommodate all types of residential structures,
single-family and multi-family to insure a balanced community. This District also recognizes the importance
of the preservation of natural resources.
The R-3 District’s density is designed in consideration of the
Township's character, while still being appropriate with the densities in
Dublin Borough. This District will have
various options available, ranging from conventional single-family
subdivisions, single-family clustering and performance standard development all
using performance zoning standards.
C-1 Local Commercial District - The
purpose of this District is to recognize the
I Industrial District - The
purpose of this District is to encourage planned industrial uses in the
Township. The intent is to encourage
high-quality industrial development which relates to adjacent residential areas
with design standards that avoid adverse impacts on neighboring residential
uses.
WHPZ Wellhead Protection Zone - The purpose of the Wellhead
Protection Zone is to protect the public health, safety, and welfare through
the preservation of the Township’s major groundwater resources to ensure a
future supply of safe and healthful drinking water for the residents of the
Township and the general public. The
designation of Wellhead Protection Zones I, II and III, and careful regulation
of land use within the zones can reduce the potential for groundwater contamination.
ARTICLE IV. USE
REGULATIONS
Section
400 Applicability of Regulations
Unless
otherwise provided by law or in this Ordinance, no building or structure shall
be constructed, erected or extended and no structure, or land shall be used or
occupied except for the purposes permitted in this Article.
Section
401 Use by Right, Special
Exception and Conditional Use
(1) A
use listed in Section 405 is permitted by right in any district under which it
is denoted by the letter "Y", subject to such requirements as may be
specified in Section 405.
(2) A
use listed in Section 405 is not permitted in any district under which it is
denoted by the letter "N".
(3) A
use listed in Section 405 may be permitted if the Zoning Hearing Board so
determines and issues a special exception as provided in Article XI in any
district under which it is denoted by the letters "SE" subject to
such requirements as may be specified in Section 405 and Article XI and such
further restrictions as said Board shall establish.
(4) A
use listed in Section 405 or authorized otherwise by this Ordinance may be
permitted if the Board of Supervisors grants conditional use approval as
provided in Article X in any district which is denoted by the letter “C”,
subject to such requirements as may be specified in Section 405, Article X, and
such other applicable Ordinance provisions and/or restrictions and conditions
as the Board may establish.
Section
402 Uses are Subject to Other
Regulations
(1) Uses Permitted By Right, By Special Exception, or Conditional
Use shall be subject, in addition to Use Regulations, to such regulations of
yard, lot size, lot width, building
area, height, provisions for off-street parking and loading, and to such other
provisions as are specified in other articles hereof. All subdivisions shall comply with all zoning
district regulations within which the property is located whether or not the Applicant
intends to build presently or in the future.
(2) No land use, facilities,
activities, or subdivision shall occur within the Wellhead Protection
Zones I, II, and III, except in strict conformance with the provisions of this
Ordinance.
(3) Mapping of Wellhead Protection Area - To implement the
provisions of this Article, wellhead protection areas shall be delineated for
new public water supply wells constructed after the effective date of this
amendment. The boundaries of Wellhead
Protection Zones I, II, and III shall be established at the time the water
supply well is constructed. All Wellhead
Protection Zones will be delineated on a map that will be available in the
Township building.
Should any person challenge the boundary of any Wellhead
Protection Zone, it shall be the responsibility of that person to retain a
recognized professional with competence in the field to determine more
accurately the precise boundary of the disputed area. The final boundary of the disputed Wellhead
Protection Zone will be determined by the Township Engineer with the assistance
of a hydrogeologist.
(4) For the purpose of the Bedminster Township Zoning Ordinance
Wellhead Protection Zones I, II and III shall be considered Overlay Zoning
Districts which shall apply only to the land area encompassing the three (3)
zones of a particular well. The base
zoning district that is established by the Bedminster Township Zoning Map, that
is a part of this Ordinance, shall remain in effect. Table 1, Use Regulations, establishes the use
regulations and conditions for the three Wellhead Protection Zones.
Table 1. Use Regulations
|
LAND USE |
ZONE I |
ZONE II |
ZONE III |
|
a. Facilities which generate, store, treat or dispose of hazardous material which are required to maintain a Pollution Incident Prevention (PIP); Spill Prevention Control and Counter measure (SPCC); Preparedness, Presentation, and Contingency (PPC); Spill Prevention Response (SPR); or SARA Title III Off-Site Plan |
Not Permitted |
Not Permitted |
Permitted, subject to: a. A current PIP, SPCC, PPC, SPR, or SARA Title III Off-Site Plan must be filed with the Township b. A current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II Report must be filed with the Township |
|
b. Bulk Agricultural product dealers and distributors, including, but not limited to, fertilizer, herbicides, insecticides, petroleum products and fuels |
Not Permitted |
Not Permitted |
Permitted, subject to: a. At a minimum, a current plan meeting the requirements of a PIP plan must be filed with the Township b. A current Hazardous Substance Survey Form, Environmental Hazard Survey Form and SARA Title III Tier I and Tier II Report must be filed with the Township |
|
c. Large Volume Subsurface Sewage Disposal Systems (exceeding 10,000 gallons per day) and Large Volume Spray Irrigation Sewage Disposal Systems (exceeding 2,000 gallons per day).* |
Not Permitted |
Not Permitted |
Permitted, subject to: a. A current permit from the DEP must be filed with the Township b. DEP-required water quality monitoring reports must be filed with the Township |
|
d. Underground Injection Wells (Classes I, II, III and V) |
Not Permitted |
Not Permitted |
Permitted, subject to: a. A current registration from the Environmental Protection Agency must be filed with the Township |
* Large volume subsurface sewage disposal systems or large volume spray irrigation sewage disposal systems may be used in Zones I and II, if necessary, to solve sewage disposal problems associated with existing development.
|
e. Aboveground storage tanks (250 gallons and greater) and underground storage tanks (110 gallons and greater) |
Not Permitted |
Not Permitted |
Permitted, subject to: a. A current permit from the DEP must be filed with the Township |
|
f. Waste Disposal Facilities, Section 405, Use I-13 and I-14 |
Not Permitted |
Not Permitted |
Permitted, subject to: a. A current permit from the DEP must be filed with the Township b. A current PPC plan, if required for the facility by DEP regulations, must be filed with the Township c. DEP-required water quality monitoring reports must be filed with the Township d. DEP-required water pollution abatement plans must be filed with the Township |
|
g. Stormwater Retention Facility |
Not Permitted |
Permitted** |
Permitted** |
|
h. Unlined Stormwater Detention Facility |
Not Permitted |
Permitted** |
Permitted** |
|
i. All Industrial uses listed in Section 405 I. of the Bedminster Township Zoning Ordinance |
Not Permitted |
Permitted |
|
|
j. Agricultural Operations, Section 405 A1, General Farming, A2 Nursery |
Permitted, |
Permitted, |
Permitted, subject to: a. Conservation Plan prepared according to Chapter 102 of DEP regulations must include a Pesticide Management Plan and a Nutrient Management Plan |
** Permitted, subject to the best management practices for stormwater management facilities in the Bedminster Township Subdivision and Land Development Ordinance.
|
k. Individual on-lot Sewage Disposal Facilities |
Permitted, subject to: a., b., and c. listed under Zone III for this use |
Permitted, subject to: a., b., and c. listed under Zone III for this use. |
Permitted, subject to: a. Sewage disposal facilities must be operated and maintained to prevent discharge of untreated or partially treated sewage to surface or groundwater b. The Bucks County Department of Health must inspect on-lot disposal systems. Any necessary repairs or maintenance must be performed prior to the expansion or conversion of the land use served c. The Bucks County Department of health must inspect on-lot sewage disposal systems. Any necessary repairs or maintenance must be performed prior to transfer of property ownership |
(5) A Wellhead Protection Zone Overlay Zoning Map consisting of
Wellhead Protection Zone I, Wellhead Protection Zone II, and Wellhead
Protection Zone III for Township Well Nos. 2 and 9 is delineated on the
attached Overlay Zoning Map which is hereby made a part of this Ordinance. Wellhead Protection Zone I shall be a one
hundred (100) foot radius centered on the wellhead. Wellhead Protection Zones II and III encompass
the area that is delineated on the Overlay Zoning Map.
(6) Any land use that is not permitted by (d) above that is
lawfully in existence within Wellhead Protection Zones I, II or III prior to
the effective date of this Article may continue on the parcel upon which it is
located.
(7) The Township Engineer or a designee shall be authorized to
inspect the following facilities located within Wellhead Protection Zones I,
II, and III for purposes of determining compliance with this Ordinance and any
Federal or State permit or regulations requirements upon direction of the Board
of Supervisors.
a. Facilities with PIP, SPCC, PPC, SPR or SARA Title III
Off-Site Plans.
b. Bulk agricultural products dealers and distributors.
c. Large volume subsurface sewage disposal systems.
d. Large volume spray irrigation sewage disposal systems.
e. Underground and aboveground storage tanks.
f. Underground injection wells.
g. Waste disposal facilities.
h. Other industrial and commercial facilities.
The schedule of inspections
shall be determined by the Township for each type of facility. Inspections shall be responsible for
reporting any violations to the Board of Supervisors. The Township shall inform DEP and EPA, as
appropriate, of any possible violations of their regulations for the purpose of
follow-up actions by those agencies.
Section 403 Number
of Uses per
In the VR-1, VR-2, R-3, and C-1 Zoning Districts, only one (1) principal use
shall be permitted on any lot, property, parcel, or tract of land.
Section
404 General Performance Standards
All
uses and activities except customary agricultural uses and normal construction
activity established after the effective date of this Ordinance shall comply
with the following standards. No use in
existence on the effective date of this Ordinance shall be so altered or
modified as to conflict or further conflict with these standards.
(1) Noise Control. The sound pressure level of any operation
within any district shall not exceed the designated octave band shown below,
except for emergency alarm signals, subject to the following corrections:
subtract five (5) decibels for pulsating or periodic noises. Add five (5) decibels for noise sources
operating less that twenty percent (20%) of any one (1) hour period.
Maximum Permitted Sound Level
(Decibels)*
Octave
Band in Cycles At
the
Per Second
10 to 599 50
600 to 2,399 38
2,400
to 4,799 35
Above 4,800 32
* According to the following formula: Sound pressure level
in decibels equals 10 log 10 where P2 equals 0.0002 dynes/cm2 P1/P2
(2) Smoke Control. No smoke shall be emitted from any chimney or
other sources of visible gray capacity greater than No. 1 on the Ringlemann
Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a
shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more
than four (4) minutes in any thirty (30) minute period.
(3) Dust. No use shall cause dust, dirt, or fly-ash of
any kind to escape beyond its lot lines.
(4) Noxious
Matter. No use shall discharge across
its lines noxious, toxic or corrosive matter, fumes, or gases.
(5) Glare.
No use shall produce a strong dazzling light or a reflection of a strong
dazzling light beyond its lot lines.
(6) Vibration. No use shall cause earth vibrations or
concussions detectable beyond its lot lines without the aid of instruments with
the exception of that vibration produced as a result of construction activity.
(7) Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate a
stream or water course be allowed to enter any stream or water course.
All
materials or wastes which might cause fumes or dust or which constitute a fire
hazard or which may be edible or otherwise attractive to rodents or insects
shall be stored outdoors only if enclosed in containers which are adequate to
eliminate such hazards.
Section
405 Use Regulations
A. Agricultural Uses
Al General Farming
The production of agricultural,
horticultural, arboricultural, viticultural, apicultural and dairy products;
the keeping of livestock, poultry, and the products thereof; all buildings
(barns, sheds, silos, etc.) associated with this use. Livestock shall include all cattle, horses,
ponies, donkeys, mules, hogs, sheep, goats, rabbits, hares, poultry, and any
other similar creatures raised for human
use or profit, but shall not include dogs, cats, or similar creatures
customarily kept as household pets.
a. Minimum lot area: five (5) acres.
b. Any building or structure used for the keeping or raising of bees, livestock, horses or poultry shall be situated not less than one hundred (100) feet from any street line or property line.
c. Silos shall be situated not less than one and one quarter (1.25) times the height of the silo from any street line or property line.
d. Any building or structure, other than noted in Subsection b. and c. above, shall meet the lot width, yard and setback requirements for Use Bl Detached Dwelling for the applicable zoning district.
e. Maximum impervious surface ratio: three percent (3%).
f . Horses may be boarded, bred and cared for on the property. However, Equestrian (Use A7) and Commercial Dog Kennels (Use A5) are not included under this use.
g. Retail sales shall meet the requirements of Use A8, Agricultural Retail.
h. For the keeping of bees, adequate shade and water shall be provided in the immediate vicinity of the hives.
i. Animal density shall not exceed two (2) Animal Equivalent Units per acre on an annualized basis. Farmland owned or rented on an annual basis by the property owner, but not physically connected to the property, may be used to meet this requirement.
j. This use may include no more than one
(1) single-family detached dwelling unit.
This detached dwelling unit must comply with the provisions of Section
405.B1 - Detached Dwelling and the with the lot width and yard requirements of
Option A. under Section 513 – Table of Dimensional Regulations.
A2 Nursery
The
outdoor raising of plants, shrubs and trees for sale and transplantation.
a. Minimum lot area: eighty
thousand (80,000) square feet.
b. Any building or structure
shall meet the yard, lot width, and setback requirements for the applicable
zoning district for Use B1, Detached Dwelling.
c. Maximum impervious
surface ratio: three percent (3%).
d. One (1) single-family
dwelling is permitted on the same tract with this use. Provided it meets all applicable requirements
of this Ordinance and the Subdivision and Land Development Ordinance.
e. Retail sales shall meet
the requirements of Use A8, Agricultural Retail.
f. Viticulture and orchards
are not included under this use.
A3 Intensive
Agriculture
Intensive
Agriculture is an operation where the animal density exceeds two (2)
Animal Equivalent Units per acre on an annualized basis or an operation which
involves five hundred (500) Animal Equivalent Units or more. In addition, this Use includes feed lots,
confinement practices, livestock and poultry operations taking place in structures
or close pens, the raising of animals for their furs or skins, and
greenhouses. This Use is subject to the
following requirements:
a. Minimum lot size shall be
ten (10) acres.
b. All buildings, pens, or
other structures used for the keeping and raising of livestock or poultry shall
be located at least one hundred and fifty (150) feet from any street line or
property line.
c. Any storage of manure
shall be located at least seventy-five (75) feet from any street line or
property line.
d. Greenhouses or related
buildings shall be located at least seventy-five (75) feet from any street line
or property line.
e. All applicable current
regulations of the Pennsylvania Department of Environmental Protection
promulgated under the Clean Streams Act shall be met.
f. If a stream or drainage
swale is present, adequate measures must be taken to prevent its pollution from
this use.
g. Maximum Impervious
Surface Ratio:
Greenhouse: 8 percent (8%)
All other: 3 percent (3%)
h. This use may include no more than one
(1) single-family detached dwelling unit.
This detached dwelling unit must comply with the provisions of Section
405.B1 - Detached Dwelling and the with the lot width and yard requirements of
Option A. under Section 513 – Table of Dimensional Regulations.
A4 Industrial
Animal Production
The raising, breeding or lodging of animals normally used as domestic or household pets for immediate or ultimate use in laboratories, for experimental purposes, or for uses other than that of a domestic or household pet.
a. Minimum lot area: ten (10) acres.
b. No animal shelter or run shall be
located closer than two hundred (200) feet
from any lot line.
c. Maximum impervious surface ratio: three
percent (3%).
d. Any building or structure, other than
noted in b. above, shall meet the lot width,
yard and setback requirements for the applicable zoning district.
e. The buffer requirements of Section 603
of this Ordinance shall be met.
f. No area for the storage, processing,
or spraying of animal waste shall be situated less than two hundred (200) feet
from any street or property line.
g. All applicable current regulations of
the Pennsylvania Department of Environmental Protection promulgated under the
Clean Streams Act shall be met.
h. Parking: one (1) off-street parking
space for each employee.
i. This use may include no more
than one (1) single-family detached dwelling unit. This detached dwelling unit must comply with
the provisions of Section 405.B1 - Detached Dwelling and the with the lot width
and yard requirements of Option A. under Section 513 – Table of Dimensional
Regulations.
A5 Commercial
Kennel
An establishment, structure, lot or portion of a lot on or in which more than six (6) dogs, cats or domestic pets are housed, bred, boarded, trained or raised for sale.
a. Shows and/or competitions which occur
on a property not more than twice in any calendar year are not regulated under
this use.
b. Minimum lot area: ten (10) acres.
c. No animal shelter or run shall be
located closer than two hundred (200) feet from
any lot line.
d. Maximum impervious surface ratio: three
percent (3%).
e. Any building or structure, other than
noted in c. above, shall meet the lot width, yard and setback requirements for
Use Bl, Detached Dwelling, for the applicable zoning district.
f. One (1) single-family dwelling is
permitted on the same tract with this use, provided it meets all applicable
requirements of this Ordinance and the Subdivision and Land Development
Ordinance.
g. The buffer requirements of Section 603
of this Ordinance shall be met.
h. Retail sales of related items shall be
limited to a maximum floor area of seven hundred and fifty (750) square feet.
i. No area for the storage, processing,
or spraying of animal waste shall be situated less than two hundred (200) feet
from any street or property line.
j. All applicable current regulations of
the Pennsylvania Department of
Environmental Protection promulgated under the Clean Streams Act shall
be met.
k. A zoning permit shall be obtained on an
annual basis.
l. Parking: one (1) off-street parking
space for each employee plus one (1) space for each two hundred (200) square
feet of sales area.
m. This use may include no more than one
(1) single-family detached dwelling unit.
This detached dwelling unit must comply with the provisions of Section
405.B1 - Detached Dwelling and the with the lot width and yard requirements of
Option A. under Section 513 – Table of Dimensional Regulations.
A6 Noncommercial Kennel
An establishment, structure or lot on or in which dogs, cats or domestic pets are kept for private purposes.
a. No more than six (6) such pets shall be
kept under the permanent care of the occupants.
b. No animal shelter or runs shall be
located closer to the property or street line than the minimum yard
requirements specified for the principal use.
c. A noncommercial kennel may be
established only as an accessory use.
d. Except for the sale of young animals
born to pets kept under the permanent care of the occupants, no animals shall
be sold or offered for sale on the property.
A7 Equestrian
An establishment where instruction
in riding, jumping and showing is offered and/or the general public may, for a
fee, hire horses for riding.
a. Minimum lot area: ten (10) acres.
b. Any building or structure used for the
keeping or raising of livestock or horses shall be situated not less than one
hundred (100) feet from any street line or
property line.
c. Silos shall be situated not less than
one and one-quarter (1.25) times the height of
the silo from any street line or property line.
d. Any building or structure, other than
noted in Subsection b. and c. above, shall meet the lot width, yard and setback
requirements for Use Bl, Detached Dwelling, for the applicable zoning district.
e. Maximum impervious surface ratio: three
percent (3%).
f. One (1) single-family dwelling is
permitted on the same tract with this use provided that it meets all applicable
requirements of the Ordinance and the Subdivision and Land Development
Ordinance.
g. Retail sales of related items shall be
limited to a maximum floor area of seven hundred and fifty (750) square feet.
h. The buffer requirements of Section 603
of this Ordinance shall be met.
i. Parking: one (1) off-street parking
space for every three (3) persons present at such facilities when they are
filled to capacity plus one (1) additional off-street parking space for each
full-time employee.
j. This use may include no more than one
(1) single-family detached dwelling unit.
This detached dwelling unit must comply with the provisions of Section
405.B1 - Detached Dwelling and the with the lot width and yard requirements of
Option A. under Section 513 – Table of Dimensional Regulations.
A8 Agricultural Retail
The retail sales of agricultural, products at roadside stands or other structures to the general public.
a. Agricultural retail is an
accessory use which shall be clearly subordinate to primary uses Al, A2, and
A3.
b. All products sold must be
grown, produced or raised on the property if the lot size exceeds ten (10)
acres, fifty percent (50%) of the products sold shall be grown on the property.
c. The maximum floor area
shall be limited to two thousand (2,000) square feet for agricultural retail
uses related to agricultural uses Al, A2 and A3.
d. Agricultural retail uses
shall meet the yard and setback requirements for the related primary
agricultural use.
e. The buffer requirements
of Section 603 of this Ordinance shall be met.
f. Parking: one (1) off-street parking space for each two
hundred (200) square feet of sales area.
A9 Forestry/Timber
Harvesting
a. Policy; Purpose. In order to sustain forests and the
environmental and economic benefits they provide, it is the policy of the
b. Scope; Applicability. A zoning permit shall be required for all forestry/timber harvesting activities, however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal maintenance and upkeep, and the following activities are specifically exempted:
1. Removal 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.
3. Removal of up to five (5) trees per acre of woodlands per year, not to exceed a total of twenty-five (25) trees per lot, or any combination of adjoining lots in common ownership, which are twelve (12) inches or more in diameter, measured at breast height (dbh), and not covered by the exemptions in the foregoing two (2) subsections. The removal of unacceptable growing stock of less than twelve (12) inches in height is allowed. This is to accommodate silviculture.
4. When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within sixty (60) feet of such building, structure or use, and all space within ten (10) feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses.
c. Definitions. As used in Sections a. through h., the following terms shall have the meanings given them in this Section.
1. “Felling” means the act of cutting a standing tree so that it falls to the ground.
2. “
3. “Forestry” means the management of forests and timberlands when practiced in accordance with accepted silvicultural 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 lands for a land use change are excluded from this definition, but is subject to Section 601 of this Zoning Ordinance.
4. “Landing” means a place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
5. “Litter” means discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
6. “Lop” means to cut tops and slash into smaller pieces to allow the material to settle close to the ground.
7. “Operator” means an individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
8. “Landowner” means an individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
9. “Precommercial timber stand improvement” means a forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
10. “Skidding” means dragging trees on the ground from the stump to the landing by any means.
11. “Slash” means woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
12. “Stand” means any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
13. “Stream” means any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
14. “Timber harvesting,” “tree harvesting,” or “logging” means the process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change are excluded from this definition.
15. “Top” means the upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
16. “Wetland” means areas that are inundated
or saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions including
swamps, marshes, bogs and similar area.
d. Notification; Preparation of a Forestry/Logging Plan.
1. Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one (1) acre, the landowner shall notify the township enforcement officer at least three (3) business days before the operation commences and within five (5) business days before the operation in complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation. No notification is required for normal maintenance.
2. Logging 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 and filed with the
Township. Upon receipt of a complete
logging plan, the Township shall issue a zoning permit within thirty (30) days
of the receipt of the logging plan if in compliance with this Ordinance. 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 township enforcement officer upon request.
3. Responsibility for compliance. The landowner and the operator shall be
jointly and severally responsible for complying with the terms of the logging
plan.
e. Contents of the Forestry/Logging Plan.
1. Minimum requirements. As a minimum, the logging plan shall include the following:
(a) Design, construction, maintenance and
retirement of the access system, including haul roads, skid roads, skid trails
and landings.
(b) Design, construction and maintenance of
water control measures and structures such as culverts, broad-based dips,
filter strips and water bars.
(c) Design, construction and maintenance of
stream and wetland crossings.
(d) The general location of the proposed
operation in relation to municipal and state highways, including any accesses
to those highways.
(e) Copies of all required permits shall be
submitted as an appendix to the plan.
(f) Proof of current general liability
and/or worker’s compensation insurance.
(g) Proof of PennDOT Highway Occupancy
Permit or Township Driveway Permit for temporary access, as applicable.
(h) Copy of Bucks County Conservation
District “Letter of Adequacy” for the proposed erosion control facilities,
including associated plans, reports and other permits as required.
2. Map. Each forestry/logging plan shall include a site map containing the following information:
(a) Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
(b) Significant topographic features related
to potential environmental problems.
(c) Location of all earth disturbance
activities such as roads, landings and water control measures and structures.
(d) Location of all crossings of Waters of
the Commonwealth.
(e) The general location of the proposed
operation to municipal and state highways, including any accesses to those
highways.
3. Compliance with State Law. The forestry/logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:
(a) Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. §§ 691.1, et seq.).
(b) 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.).
(c) Stormwater management plans and
regulations issued pursuant to the Stormwater Management Act (32 P.S. §§ 680.1,
et seq.).
4. Compliance with Federal
Law/Regulations. The forestry/logging
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) as set forth at 33 CFR 323.4[a][6][i-xv], as amended.
5. Compliance with Township
Ordinances. The forestry/logging plan
shall verify compliance with the Stormwater Management Ordinance No. 00-7-18-1
adopted on
f.
1. Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
2. No tops or slash shall be left within
twenty-five (25) feet of any public thoroughfare or private roadway providing
access to adjoining residential property.
3. All tops and slash between twenty-five
(25) and fifty (50) feet from a public roadway or private roadway providing
access to adjoining residential property or within fifty (50) feet of adjoining
residential property shall be lopped to a maximum height of four (4) feet above
the surface of the ground.
4. No tops or slash shall be left on or
across the boundary of any property adjoining the operation without the consent
of the owner thereof.
5. Litter resulting from a timber
harvesting operation shall be removed from the site before it is vacated by the
operator.
6. Any soil, stones and/or debris carried
onto public roadways must be removed immediately.
7. No more than twenty percent (20%) of
areas with slopes of twenty-six percent (26%) or greater shall be harvested.
8. 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.
g. Financial security shall be established
in a manner acceptable to the Township to guarantee repair of all damage that
may occur to public streets due to the forestry/logging operations, and to
guarantee compliance with erosion and sedimentation control plans, compliance
with stormwater management plans and restoration of the site upon completion of
logging operations. Pursuant to 67
h. Enforcement.
1. Inspections. Any official, employee, agent, or independent contractor of the Township may go upon the site of any timber harvesting operation before, during or after active logging to: (1) review the logging plan or any other required documents for compliance with this Ordinance; and (2) inspect the operation for compliance with the logging plan and other on-site requirements of this Ordinance.
2. Violation Notices; Suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this Ordinance, the Township shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township may order the immediate suspension of any operation upon finding that: (1) corrective action has not been taken by the date specified in a notice of violation; (2) the operation is proceeding without a logging plan; or (3) the operation is causing an environmental risk. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Township, the operation is brought into compliance with this Ordinance, or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an official or employee of the Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
3. Penalties. Any landowner or operator who: (1) violates any provision of this Ordinance, or who fails to comply with a notice of violation or suspension order issued under Paragraph 2. of this Subsection shall be subject to a fine of not less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.0), plus costs and attorneys fees, in accordance with the Pennsylvania Municipalities Planning Code. Each day of continued violation of any provision of this Ordinance shall constitute a separate offense.
B. Residential
B1 Detached Dwelling
Single-family detached dwellings on individual lots with no required public or community open space and which have a private yard on all sides of the structure. Single-family detached dwellings may include buildings constructed on the lot, prefabricated dwellings, manufactured, modular dwellings and mobile homes. No more than one (1) dwelling shall be placed on an individual lot.
a. The following shall apply
to mobile home dwellings:
1. No more than one (1)
mobile home shall be placed on a single parcel, and such mobile home shall be
occupied by not more than a single family.
2. The area between the
ground level and the perimeter of the mobile home shall be enclosed by means of
a suitable skirting.
3. Each mobile home shall be
placed on a permanent foundation of at least eight (8) poured concrete or
masonry pillars set on a concrete base at least eight (8) inches thick. The pillars shall be spaced no spaced no more
than ten (10) feet apart with the end piers being no farther than five (5) feet
from the ends of the unit. The pillars
shall be at least one foot by two feet (1' x 2') in size and at least
thirty-six (36) inches below grade. Each
pillar shall have installed a tie-down ring to which the mobile home shall be
secured.
b. Parking: three (3)
bedrooms or less: two (2) off-street spaces per dwelling unit. Four (4) bedrooms or more: three (3)
off-street spaces per dwelling unit.
B2 Single-family
Detached Cluster Subdivision
Detached
dwelling units on individual lots with private yards on all sides of the house
which are clustered to preserve open space.
Detached dwellings may include dwellings constructed on the lot,
prefabricated dwellings, manufactured homes, modular dwellings and mobile
home. Cluster development is intended to
provide flexibility in the design of residential development by providing open
space, to protect natural features, preserve agricultural land and historic
sites as well as to provide area for recreational facilities, community
facilities, or other public uses.
a. The area, dimensional and
design requirements for the district in which this use is permitted must be
met.
1. No more than one (1)
mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not
more than a single family.
2. The area between the
ground level and the perimeter of the mobile home shall be enclosed by means of
a suitable skirting.
3. Each mobile home shall be
placed on a permanent foundation of at least eight (8) poured concrete or
masonry pillars set on a concrete base at least eight (8) inches thick. The pillars shall be spaced no more than ten
(10) feet apart with the end piers being no farther than five (5) feet from the
ends of the unit. The pillars shall be
at least one foot by two feet (1' x 2') in size and at least thirty-six (36)
inches below grade. Each pillar shall have installed a tie-down
ring to which the mobile home shall be secured.
b. Parking: three (3)
bedrooms or less: two (2) off-street
spaces per dwelling unit. Four (4)
bedrooms or more: three (3) off-street spaces per dwelling unit.
B3 Performance Standard Subdivision
A development or subdivision that permits a variety of housing types subject to a series of performance standards. The performance standard development requires the provision of open space and limits density and impervious surfaces. The following housing types are permitted subject to the dimensional requirements as indicated below.
a. Detached Dwelling. A single detached dwelling unit on an
individual lot with private yards on all sides of the house. Detached dwellings may include dwellings
constructed on the lot prefabricated dwellings, manufactured dwellings, modular
dwellings and mobile homes.
1. If the dwelling is a
mobile home, the following conditions shall also apply:
(a) No more than one (1)
mobile home shall be placed on a single parcel, and such mobile home shall be
occupied by not more than a single family.
(b) The area between the
ground level and the perimeter of the mobile home shall be enclosed by means of
a suitable skirting.
(c) Each mobile home shall be
placed on a permanent foundation of at least eight (8) poured concrete or
masonry pillars set on a concrete base at least eight (8) inches thick. The pillars shall be spaced no more than ten
(10) feet apart with the end piers being no farther than five (5) feet from
the ends of the unit. The pillars shall be at least one foot by two feet (1' x 2') in size
and at least thirty-six (36) inches below grade. Each pillar shall have installed a
tie-down ring to which the mobile home
shall be secured.
2. Dimensional Requirements
minimum lot area: 8,000
sq. feet
maximum building coverage: 30 percent (30%)
minimum yards:
front 30
feet
side 10
feet
rear 40
feet
minimum lot width at
setback: 70 feet
b. Detached
1. Two (2) detached dwelling
off-center units placed adjacent to each other, must be located with the
smaller side yards of the adjacent lots next to each other. In no case shall the smaller side yard of one
(1) lot be placed next to the larger side yard of an adjacent lot.
2. Adjacent detached
dwelling off-center units should be arranged so that the driveways serving
those adjacent lots are placed next to or in proximity to each other.
3. A fence, wall or hedge
shall be placed in the wider side yard, extending from the corner of the front façade
of the dwelling to the side property line, and shall be parallel to the
street. The fence, wall or hedge may be
broken by a walkway not exceeding four (4) feet in width or a driveway to
parking areas in the side or rear of the lot.
The driveway shall be ten (10) feet in width from the street curb cut to
the front façade line.
(a) The fence or wall shall be of permanent
construction and shall be four to six feet (4' to 6') in height.
(b) The hedge material shall be planted on
three (3) foot centers.
4. Dimensional Requirements
minimum lot area: 7,000
sq. feet
maximum building coverage: 30 percent (30%)
minimum yards:
front 20
feet
rear 35
feet
side (aggregate) 25
feet
minimum lot width at
setback: 65 feet
c. Village House. A single detached dwelling unit on an
individual lot with private yards on all sides of the house. It differs from other forms of detached
housing in the lot size and placement on the lot. It is similar to houses found in historic
villages and towns. The house is placed
close to the street and is additionally distinguished by planting or
architectural treatments.
1. All village houses are
required to obtain vehicle access to the dwelling through the rear yard, via
alleys. Under no circumstances will
vehicle access be permitted across the front street line for village houses.
2. All village houses shall
have a covered front porch (CFP) running across at least three-quarters (.75)
of the house front, being at least eight (8) feet in depth. Each unit shall also meet two (2) or more of
the following characteristics:
(a) A front yard raised above sidewalk grade
by at least thirty (30) inches and a retaining wall of at least eighteen (18)
inches at the sidewalk line.
(b) A front yard enclosed by a wall or fence
of permanent construction at least thirty (30) inches in height and one (1)
flowering shrub per sixty (60) inches across the width of the front of the
house.
(c) Hedge or shrubs planted eighteen (18)
inches on center for width of yard facing street and two (2) flowering trees.
3. Dimensional Requirements
minimum lot area: 5,600 sq. feet
(3 BR or less)
6,200 sq.
feet (4 BR or more)
minimum setbacks (house): 15 feet front
30
feet rear
5
feet sides
minimum setbacks (RVA): 25 feet front
30
feet rear
5 feet
sides
In no case may the required
vehicle area (RVA) be located more than ten (10) feet closer to the front yard
setback than the dwelling unit. In other
words, all parts of the RVA must be set back at least ten (10) feet further
from the front building line of the dwelling than the front of the dwelling.
minimum lot width at
setback: 50 feet (3 BR or less)
55
feet (4 BR or more)
canopy trees: 2
inch caliper
flowering trees: 2
inch caliper
flowering shrubs: 3 feet
high
hedge shrubs: 3
feet high
maximum building coverage: 35 percent (35%)
d. Twins. A semi-detached dwelling unit having only one
(1) wall in common with another dwelling unit and with only two (2) dwelling
units per structure. All twins are
required to obtain vehicle access to the dwelling through the rear yard, via
alleys. Under no circumstances will
vehicle access be permitted across the front street line for twins.
1. Dimensional Requirements
minimum lot area (per unit): 4,000 sq. feet (3 BR or
less)
4,200
sq. feet (4 BR or more)
maximum building coverage: 35 percent (35%)
minimum front yard: 30 feet
minimum side yard: 10 feet
minimum rear yard: 20 feet
minimum lot width at
setback: 40 feet (3
BR or less)
(per unit) 45
feet (4 BR or more)
e. Duplex. A semi-detached
dwelling unit with one (1) dwelling unit located above the other dwelling unit
and with only two (2) dwelling units per structure. All duplexes are required to obtain vehicle
access to the dwelling through the rear yard, via alleys. Under no circumstances will vehicle access be
permitted across the front street line for duplexes.
1. Dimensional Requirements
minimum lot area (per unit): 2,500 sq. feet (3 BR or
less)
2,700
sq. feet (4 BR or more)
maximum building coverage: 40 percent (40%)
minimum front yard: 30 feet
minimum side yard: 15 feet
minimum rear yard: 20 feet
minimum lot width at
setback: 60 feet
(per building)
f. Patio House. A detached or semi-detached unit, with one
(1) dwelling unit from ground to roof having individual outside access. Except for the street setback, the lot shall
be fully enclosed by a wall four to six feet (4' to 6') in height. All living spaces (i.e., living rooms, dens,
bedrooms, etc.) shall open onto a private open area or patio. All patio houses are required to obtain vehicle
access to the dwelling through the rear yard, via alleys. Under no circumstances will vehicle access be
permitted across the front street line for patio houses.
1. Dimensional Requirements
minimum lot area: 3,800
sq. feet (3 BR or less)
4,000
sq. feet (4 BR or more)
minimum lot width at
setback: 40 feet (3
BR or less)
45
feet (4 BR or more)
minimum patio area: 65 percent
(65%)
(ratio to lot area)
maximum building coverage: 35 percent (35%)
maximum building height: 24 feet
minimum patio dimension: 20 feet
minimum setback-street: 15 feet
g. Multiplex. An attached dwelling unit which may be
arranged in a variety of configurations: side by side, back to back, or
vertically. The essential feature is the
small number of units attached. No more
than five (5) units shall be attached in any structure, and structures shall
average four (4) units each.
1. Dimensional Requirements
minimum lot area: 8,000
sq. feet
(per building)
minimum lot area: 800 sq.
feet (efficiency)
(per dwelling unit) 1,500
sq. feet (1 BR)
2,200
sq. feet (2 BR)
2,500
sq. feet (3 BR)
2,700
sq. feet (4 BR)
maximum building coverage: 30 percent (30%)
minimum setback line:
street 30
feet
parking area 10
feet
pedestrian walkway 5
feet
minimum front yard: 30 feet
minimum side yard: 10 feet
minimum rear yard: 20 feet
minimum building spacing: 24 feet
minimum lot width at setback
line: 80 feet
(per building)
maximum height: 3
stories
h. Atrium House. An attached dwelling unit with one (1) dwelling unit
from ground to roof having individual outside access. The lot shall be fully
enclosed by a wall four to six feet (4' to 6') in height. All living spaces (i.e., living rooms, dens,
bedrooms, etc. ) shall open onto a private open area or atrium. All atrium houses are required to obtain
vehicle access to the dwelling through the rear yard, via alleys. Under no circumstances will vehicle access be
permitted across the front street line for atrium houses.
1. Dimensional Requirements
minimum lot area: 1,950
sq. feet (3 BR or less)
2,150
sq. feet (4 BR or more)
minimum lot width at
setback: 40 feet
maximum building coverage: 65 percent (65%)
minimum atrium area: 35 percent
(35%)
(ratio to lot area)
maximum building height: 1 story
minimum atrium dimension: 16 feet
minimum setback street: 15 feet
i. Weak-Link
Townhouse. An attached dwelling, having
individual outside access, with one (1) dwelling unit from ground to roof. Each dwelling shall consist of a one-story
portion and a two-story portion, with the one-story portion occupying a
required portion of the minimum lot frontage.
A row of attached dwellings shall not exceed five (5) dwelling units.
1. All weak-link townhouses
are required to obtain vehicle access to the dwelling through the rear yard,
via alleys. Under no circumstances will
vehicle access be permitted across the front street line for a weak-link
townhouse.
2. A minimum of fifty
percent (50%) of all weak-link townhouse dwelling units proposed within any
development must be designed to include a covered front porch (CFP) along the
entire front façade of the townhouse.
Any CFP attached to a weak-link townhouse under this requirement may
encroach a maximum of eight (8) feet into the front yard setback.
3. Dimensional Requirements
minimum lot area: 2,800
sq. feet (3 BR or less)
3,200
sq. feet (4 BR or more)
minimum lot width: 30 feet (3
BR or less)
34
feet (4 BR or more)
minimum width 1 story: 10 feet (3 BR or
less)
12
feet (4 BR or rare)
building coverage (ratio to
lot area):
without garage 40
percent (40%)
with 1 car garage 50
percent (50%)
with 2 car garage 60
percent (60%)
minimum building setback:
street 15
feet
parking area 10
feet
pedestrian walkway 5
feet
minimum rear yard: 20 feet
minimum building spacing: 30 feet
j. Townhouse. An attached dwelling unit from ground to roof,
having individual outside access. A row
of attached townhouses shall not exceed eight (8) dwelling units.
1. All townhouses are
required to obtain vehicle access to the dwelling through the rear yard, via
alleys. Under no circumstances will
vehicle access be permitted across the front street line for a townhouse.
2. A minimum of fifty
percent (50%) of all townhouse dwelling units proposed within any development
must be designed to include a covered front porch (CFP) along the entire front
façade of the Townhouse. Any CFP
attached to a Townhouse under this requirement may encroach a maximum of eight
(8) feet into the front yard setback.
3. Dimensional Requirements
minimum lot area: 1,900
sq. feet (3 BR or less)
2,000
sq. feet (4 BR or more)
minimum lot width: 22 feet (3
BR or less)
24
feet (4 BR or more)
maximum building coverage: 50 percent (50%)
(ratio to lot area)
minimum building setback:
street line 20
feet
parking area 10
feet
pedestrian walkway 5
feet
minimum rear yard: 20 feet
minimum building spacing: 30 feet
k. Apartment. A grouping of dwelling units sharing common
elements which may include common outside access. The dwelling units share a common lot area,
which is the sum of the required lot areas of all dwelling units within the
building. Apartment shall contain three
(3) or more dwellings in a single structure.
1. Dimensional Requirements
Minimum Apartment Minimum
Size
(sq. feet) Per
DU (sq. feet)
efficiency 400 1300
1 BR 500 1750
2 BR 650 2000
3 BR 800 2250
4 BR 950 2500
each
additional bedroom, 150
den,
family room or recreation room
maximum impervious surface
ratio 50 percent (50%)
(on-lot):
minimum lot area: 1 acre
minimum building setback:
street 50
feet
parking area 30
feet
pedestrian walkway 5
feet
maximum number of units per
building: 16
minimum building spacing: 50 feet
minimum street frontage: 100 feet
maximum building height: 35 feet
l. Dwelling Unit Mix. A mix of dwelling unit types is necessary to
promote a balanced community. There
shall be four (4) classes of dwelling unit types for purposes of this
Section: single-family (detached
dwelling, detached dwelling-off center, or village house), two-family (twin or
duplex), multi-family (multiplex or apartment), and townhouse (townhouse,
weak-link townhouse, atrium house, or patio house). A mix of classes is required based on the
number of dwelling units as set forth below.
|
Number
of Dwelling Units |
Minimum Number of Classes
Required |
Maximum Allowed Percentage
of any one Class |
Minimum Allowed Percentage
of any one Class |
|
1-49 |
1 |
100% |
20% |
|
50-99 |
2 |
85% |
15% |
|
100-149 |
3 |
60% |
10% |
|
150 or more |
4 |
40% |
5% |
In order to promote
flexibility in design and to encourage innovation, the foregoing dwelling unit
mix may be modified by conditional use of the Board of Supervisors provided
that the developer lays out a plan in accordance with the required dwelling
unit mix and provides sufficient evidence and testimony that the alternative
dwelling unit mix will provide additional useable open space for the community,
a better aesthetically pleasing layout and design, and/or the construction of
specific recreational facilities and/or improvements for the benefit of the
Township and/or residents of the community.
m. Parking Requirements. Each proposed dwelling is required to provide
off-street parking areas in accordance with this Section.
1. Required Vehicle Area
(RVA). The Required Vehicle Area is the
area of a lot set-aside exclusively for the parking of vehicles. The RVA shall not be used for any other use
or occupancy and includes garages, carports, and any other open, walled,
fenced, or closed vehicle parking or storage areas. RVA’s may not be converted to living area
unless a new RVA is constructed for the dwelling in accordance with this
Ordinance.
(a) If any part of the RVA is located closer
to the front street line than the front façade line of the dwelling unit, then
a covered front porch (CFP), eight (8) feet deep and extending the full width
of the dwelling, is required.
(b) If any part of the RVA is closer to the
front street line than the rear façade line of the dwelling, then a CFP is
required. Under these circumstances, the
amount of floor space required for the CFP is determined by multiplying the
vertical area of the garage/carport entrance and trim (height x width) by the
relative depth factor (RDF) for the RVA.
The RDF for the RVA is the ratio of the setback depth of the RVA from
the front façade divided by the overall dwelling depth, subtracted from 1. In no case, however, will the CFP be less
than eighty (80) square feet in area. If
the RVA has no defined entrance from which to calculate the vertical area of
the entrance, then a eighty (80) square foot CFP shall be required.
minimum
required CFP = H x W x RDF
(c) If the entire RVA is located in the rear
yard, or if the entire RVA is located further from the front street line than
the front façade line of the dwelling and is accessed through the rear yard,
then no CFP is required, except for Village Houses, Weak-Link Townhouses, and
Townhouses.
(d) 30-60-90 Rule. If the RVA is accessed through the front yard
and if the entire RVA is located behind the front façade line of the dwelling
and if the RVA’s entrance is rotated from thirty (30) to eighty-nine (89)
degrees from parallel to the front façade of the dwelling, then the required
CFP floor space is reduced according to the following table. Where the RVA entrance is rotated from thirty
(30) to eighty-nine (89) degrees, the CFP floor space cannot be reduced below
eighty (80) square feet.
|
If the RVA entrance is
rotated X degrees from parallel to front façade of dwelling, and X is: |
Then the CFP requirement
is reduced by the following percentage: |
|
0º - 29º |
0% |
|
30º - 59º |
33% |
|
60º - 89º |
66% |
|
90º |
100% (no CFP required) |
2. Off-Street Parking
Dwelling Type Minimum Number of Spaces
Detached Dwelling, Detached
House, Twins, Duplex, Patio
House, Atrium House
Multiplex, Weak-Link
Townhouse,
Townhouse, Apartment
Efficiency 1
3 BR or less 2
4 BR or more 3
3. Spillover Parking. Spillover Parking may be located on-lot,
within common parking areas, or on-street.
A maximum of one vehicle (or any part of one vehicle) that is part of
the Spillover Parking Requirement may be located in the driveway for a dwelling
(i.e. not a part of the RVA). Where
determination of the number of spaces results in a requirement of a fractional
space, it shall be counted as one (1) parking space.
Dwelling Type Minimum Number of Spaces
Detached Dwelling, Detached
House, Twins, Duplex, Patio
House, Atrium House
Multiplex, Weak-Link
Townhouse, 1.5
Townhouse, Apartment
4. Alleys. In the cases where alleys are provided for
access to the dwelling units, the rear yard setback for garages may be reduced
to thirty (30) feet from the centerline of the alley.
n. Covered Front Porch (CFP)
1. CFP’s must be attached to the front
façade or the front and side façade of a dwelling unit and must be integrated
into and complement the design of the dwelling to which they are attached.
2. CFP’s must be elevated a minimum of
twelve (12) inches from the immediately surrounding grade. They must have a pitched roof supported by
posts or columns. Railings may be required
to conform with BOCA requirements.
3. Fifty percent (50%) of the perimeter of
a CFP must be open to the front and/or side yard area. All CFP’s constructed in conformance with
this Section are prohibited from being enclosed in the future.
4. A CFP must be located completely within
building setback lines, except when the entire RVA for the dwelling is located
within the rear yard, or is located further from the front street line than the
front façade line of the dwelling and is accessed through the rear yard. In that case, the CFP may encroach a maximum
of eight (8) feet into the front yard setback.
No encroachment will be allowed into the side yard setback.
5. In no case, shall the floor space of
any CFP be smaller than eighty (80) square feet or have a depth under eight (8)
feet.
o. Each dwelling type
shall meet the following impervious surface requirements:
|
Dwelling Type |
Site Maximum Impervious Surface Ratio |
|
|
Detached
Dwelling |
22% |
35% |
|
Detached |
22% |
38% |
|
Village
House |
22% |
42% |
|
Twin |
22% |
40% |
|
Duplex |
22% |
43% |
|
Patio
House |
22% |
45% |
|
Multiplex |
22% |
40% |
|
Atrium
House |
22% |
65% |
|
|
22% |
42% |
|
|
22% |
52% |
|
|
22% |
62% |
|
Townhouse |
22% |
55% |
|
Apartment |
22% |
50% |
B4 Elderly Housing
Either attached or detached housing for older persons meeting all applicable requirements of the Fair Housing Amendments Act of 1988 and all applicable requirements of the Pennsylvania Human Relations Act.
Criteria:
a. Minimum
b.
c. The overall density of an Elderly Housing Use shall not exceed three and one-half (3.5) units per net buildable acre.
d. Open Space: thirty percent (30%).
e. Parking – one and one-half (1.5) spaces per dwelling unit plus one (1) for each employee on the largest shift.
f. Companion Uses – continuing care facilities are permitted as a form of residential use designed and operated exclusively for adults. These facilities may include independent living units, assisted living units, and/or personal care facilities. Full care nursing facilities shall meet the Use B-8 Ordinance requirements.
g. Accessory Uses customarily incidental
to elderly housing include clubhouse, meeting rooms, recreational facilities,
and management offices.
h. The buffer requirements for a
Performance Standard Development (Use B-3) as set forth in Section 603 of this
Ordinance shall be met.
B5
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two (2) or more mobile home lots.
a. Dimensional Requirements
Minimum
Minimum Minimum
(sq. feet) Setback (feet) Coverage (%) (feet) (feet)
Single-wide
Units
to 61' 4,800 45 25 20 5 15 30
Single-wide
Units
61' or 5,250 45 25 20 5 15 30
Longer
Double-wide
Units 7,000 60 25 30 5 15 30
b. Performance Standards
minimum site area: 15
acres
maximum density: six
(6) dwelling units per acre
minimum open space ratio: 30 percent (30%)
maximum impervious surface
ratio: 25 percent (25%)
c. If the dwelling is a
mobile home, the following conditions shall also apply:
1. No more than one (1)
mobile home shall be placed on a mobile home lot, and such
mobile home shall be occupied by not more than a single family.
2. The area between the
ground level and the perimeter of the mobile home shall be enclosed by means of a suitable
skirting.
3. Each mobile home shall be
placed on a permanent foundation of at least eight (8) poured concrete or
masonry pillars set on a concrete base at least eight (8) inches thick. The pillars shall be spaced no more than ten
(10) feet apart with the end piers being no farther than five (5) feet from the
ends of the unit. The pillars shall be
at least one foot by two feet (1' x 2') in size and at least thirty-six (36)
inches below grade. Each pillar shall
have installed a tie-down ring to which the mobile home shall be secured.
d. Every mobile home shall
have access to an improved street in the mobile home park in accordance with
the Township Subdivision and Land Development Ordinance.
e. The minimum number of
spaces completed and ready for occupancy before the first occupancy is
permitted shall be nine (9).
f. No space shall be rented
for residential use of a mobile home in any such park except for periods of
thirty (30) days or more.
g. Plans for any mobile home
park shall be submitted in conformance with the Township Subdivision and Land Development Ordinance.
h. Sewer and water services
shall be provided in accordance with the Township Subdivision and Land
Development Ordinance and the Township Sewage Facilities Plan.
i. A Class B buffer shall
be provided in accordance with Section 603 of this Ordinance.
j.