truck plus one (1) off-street parking space for each one  hundred (100) square feet of gross floor area.

 

            H3       Terminal

 

Railway, bus or taxi station or terminal.

 

                        a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

                        b.         Parking: off-street parking spaces as the Zoning Hearing Board shall                                          determine adequate to serve customers, patrons, visitors, employees and                                   vehicles normally parked on the premises.

 

            H4       Airport or Heliport

 

a.         In addition to the airport or heliport, accessory office, service, industrial or                                 commercial uses may be approved by the Zoning Hearing Board as Special                               Exception Uses. The area, dimensional, coverage, buffering, impervious                             surface limitations and parking requirements for the specific use and the                        appropriate  district shall be met.

 

                        b.         Approval  shall be  secured  from  the   Pennsylvania   Department   of                                                  Transportation,  Bureau  of Aviation.

 

                        c.         A "stopway" of at least two hundred (200) feet in length and having a width                               equal to that of the paved runway shall be provided between each end of the                             runway and the property line of the airport tract.

 

                        d.         All buildings, runways, taxiways, parking areas,  warm-up  pads,  aprons                                   lights, communication facilities, tie-down areas, repair facilities, refueling                                     facilities, etc., shall conform to the setback requirements of this Ordinance.

 

                        e.         A steel post and mesh wire fence having a height of  four (4) feet shall enclose                                        that part of the airport tract which is used by aircraft so that animals and                                                 unauthorized persons and vehicles are restrained from entering the aircraft                                          operating area.

 

                        f.          The owners, lessees and operators of the airport shall take all possible actions                           to protect the peace, safety and air quality of the environment of the area                                                   surrounding the airport.  This shall include:

 

                                    1.         The  establishment of flight patterns and ground traffic patterns.

 

                                    2.         The location of warm-up ramps, parking areas, tie-down areas, or                                             hangars.

 

                                    3.         Flight training shall not be scheduled before 7:00 a.m., or after 10:00                                         p.m..

 

4.         The requirements of Article VI (Nuisance Standards) shall be met so as to create the least amount of noise, dust, dirt, disturbance, annoyance, hazard and limitation on the enjoyment of the residents and property  owners of  Bedminster Township.

 

                        g.         The buffer requirements of Section 603 of this Ordinance shall be met.  In                                              addition, warm-up ramps, parking areas, tie-down areas and hangars shall                                 meet the buffer requirements of this Ordinance.                                    

 

                        h.         No airport or heliport shall be established if its flight pattern will conflict with                              the flight pattern of any existing airport or heliport.

 

                        i.          Parking: off-street parking spaces for the principal airport or heliport facility                               as the Zoning Hearing Board shall determine adequate to serve customers,                                     patrons, visitors, employees and vehicles normally parked on the premises.

 

            H5       Radio or Television Transmitter

 

A radio or television transmitter shall include a commercial antenna micro-replay    station, amateur radio station tower, transmitting tower and supportive buildings.

 

                        a.         Such transmitter requires licensing by the Federal Communications                                             Commission.

 

                        b.         Minimum lot size shall be five (5) acres.

 

                        c.         The transmitter shall be a minimum of fifty (50) feet or one and one half (1.5)                                         times its height, whichever is greater from its property line.

 

                        d.         The height of an amateur radio station tower shall not exceed seventy-five                                  (75) feet above the adjacent ground.

 

                        e.         The Applicant shall submit a location plan and a description of the stresses in                             the tower and its supports.                                     

 

                        f.          Supportive buildings must meet the dimensional and setback requirements of                              the applicable zoning district in which the use is located.

 

                        g.         The buffer requirements of Section 603 must be met.

 

                        h.         Parking: one (1) off-street parking space for each employee on the largest shift                          or one (1) space for every five hundred (500) square feet of gross floor area,                                             whichever is greater.

 

            H6       Cellular/Digital Telecommunications Facility

 

A Cellular/Digital Telecommunications Facility consists of the equipment, structures and/or building involved in receiving telecommunication or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines. 

 

a.         Cellular/digital telecommunications facility shall be permitted only by conditional use to the Board of Supervisors, subject to Section 1007 of this Ordinance.

 

b.         In addition to the foregoing requirement, cellular/digital telecommunications facilities shall be permitted subject to the following additional regulations:

 

1.         The location of the tower/pole and equipment building shall comply with all Natural Resource Protection Standards of this Ordinance.

 

2.         The following buffer plantings shall be located around the perimeter of the security fence:

 

(a)        An evergreen screen shall be planted that consists of either a hedge, panted three (3) feet on center maximum, or a row of evergreen trees planted ten (10) feet on center maximum.

 

(b)        Existing vegetation (trees and scrubs) shall be preserved to the maximum extent possible. 

 

3.         An eight (8) foot high security fence shall completely surround the tower/pole (and guy wires, if used) and equipment building. 

 

4.         The tower/pole shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.

 

5.         A soil report complying with the standards of Appendix I:  Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower/pole and anchors for the anchor guy wires, if used.

 

6.         Towers/poles and antennae shall be designed to withstand wind gusts of at least one hundred (100) miles per hour.

 

7.         The plan for the construction of any tower/pole shall contain the seal and signature of a professional structural engineer. 

 

8.         An antenna may not be located on a building or structure that is listed on a historic register or eligible for listing on a historic register.

 

9.         Owners of existing towers shall accept the facilities of additional users at fair market lease value, unless the owner of the tower presents to the Township substantial evidence that the multiple use of the tower is technologically infeasible.  Co-locators on existing or proposed towers shall be permitted only by conditional use to the Board of Supervisors in accordance with this Ordinance.

 

10.       When a tower is no longer in use as a telecommunications facility, the owner shall promptly remove the tower.  Prior to receipt of a zoning permit for the construction of a tower, the Applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower.  Said financial security shall remain in place until the tower is removed.

 

11.       Subsequent to the granting of a conditional approval for a tower/pole and prior to the beginning of tower/pole construction, the Applicant shall make application for and receive a building permit.

 

l2.        In addition to the requirements of Subsections b.(1) through (11), a cellular/digital telecommunications facility is permitted as a sole use on a lot subject to the following conditions:

 

(a)        Minimum lot size:  one (1) acre.

 

(b)        Minimum yard requirement:  height of the tower, plus twenty (20) feet.

 

(c)        Maximum height:  one hundred seventy five (175) feet.

 

13.       In addition to the requirements of Subsection b.(1) through (11), a cellular/digital telecommunications facility is permitted with an existing use,  subject to the following conditions:

 

(a)        The existing use on the property may be any permitted use in the district or any lawful non-conforming use, and need not be affiliated with the cellular/digital telecommunications provider.

 

(b)        The cellular/digital telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.

 

(c)        Minimum lot area - The minimum lot area shall be the area needed to accommodate the tower/pole (guy wires if used), the equipment buildings, security fence and buffer planning.  If title to the land on which the cellular/digital telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with a minimum lot area for the district.

 

(d)        Minimum setbacks:  the height of the tower/pole plus twenty (20) feet.

 

(e)        Access - The vehicular access to the equipment building shall whenever feasible, be provided along the circulation driveways of the existing use.

 

(f)         Maximum height:  one hundred seventy five (175) feet.

 

14.       In addition to the requirements of Subsection b.(1) through (11) an antenna for a cellular/digital telecommunications facility may be attached to an existing structure or building wherever possible subject to the following conditions:

 

(a)        Maximum height:  fifty (50) feet above the existing building or  structure.

 

(b)        If the Applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:

 

(i)         The building shall comply with the minimum setback requirements for the subject zoning district.

 

(ii)        An eight (8) foot high security fence shall surround the building.

 

(iii)       A buffer yard shall be planted in accordance with Subsection b.(2) and vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.

 

(c)        Elevations of existing and proposed structures showing width, depth and height using statistical data on the antenna and support structures shall be presented.

 

15.       In addition to the foregoing, Applicants for cellular/digital telecommunications facilities shall present testimony and evidence to the Board of Supervisors in support of the following requirements:

 

(a)        The Applicant shall demonstrate that the tower/pole for the telecommunications facility is the minimum height necessary for the service area.  The Applicant must also demonstrate that the facility must be located where it is to serve the company’s system.

 

(b)        The Applicant shall present documentation that the tower/pole was designed in accordance with the standards cited in this Ordinance for cellular/digital telecommunications facilities.

 

(c)        The Applicant shall demonstrate that the proposed tower/pole complies with all State and Federal laws and regulations concerning aviation safety.

 

(d)        The need for additional buffer yard treatments shall be evaluated.

 

(e)        The Applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to serve the Applicant’s service area.

 

(f)         Where the telecommunications facility is located on a property with another principal use, the Applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.

 

(g)        If the Applicant proposes to build a new tower/pole (as opposed to mounting the antenna on an existing structure), it must demonstrate that it contacted the owners of tall structures within a one-quarter (.25) mile radius of the site proposed and were denied permission to install the antenna on those structures.  Applicant’s conditional use application may be denied to construct a new tower if the Applicant has not made a good faith effort to mount the antenna on an existing structure.  Tall structures would include smoke stacks, water towers/tanks, silos, tall buildings, other communications towers or poles, church steeples, or other natural or man-made tall structures or features.

 

16.       In addition to the foregoing requirements, cellular telecommunications facilities shall only be permitted in the following zones:

 

(a)        New Tower Construction/Overlay Zone.

 

(i)         The strip of land four hundred (400) feet in width, measured from either right-of-way line of Route 611 (S.R. 611).

 

(ii)        The strip of land four hundred (400) feet in width, measured from the right of way line of Route 313 (S.R.  313).

 

                                                (b)        Industrial District (I).

 

                                                (c)        A facility attached to an existing tower or other structure as                                                        permitted herein may be located in any zoning district. 

 

c.         Facilities owned, operated or leased by Bedminster Township shall not be subject to the requirements of this Ordinance, nor to the conditional use provisions of this Ordinance.

 

d.         Parking:  two (2) off-street parking spaces, or one (1) space per employee, whichever requires the greatest number of spaces. 

 

I.          Industrial Uses

 

            I1         Manufacturing

 

Manufacturing, including the production, processing, cleaning, testing, and               distribution of  materials, goods, foodstuffs, and products.

 

                        a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

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

 

            I2         Research

 

Research, testing, or experimental laboratory.

 

                        a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

                        b.         Parking: one (1) off-street parking space for each employee on the largest                                 shift, or one (1) off-street parking space for every two hundred and fifty (250)                                   square feet of total floor area, whichever is greater, plus one (1) space for each                                       company vehicle normally stored on the premises.

 

            I3         Wholesale business, Wholesale Storage, Warehousing

 

Wholesale business, wholesale storage or warehousing with no retail sales.

 

                        a.         No explosive, toxic, radioactive or highly flammable materials shall be stored                             on the premises.

 

                        b.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

                        c.         Parking: one (1) space per employee on the largest shift, plus one (1) for each                                       vehicle normally stored on the premises.

 

            I4         Printing

 

Printing, publishing, binding.

 

a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

b.         Parking: three (3) off-street parking spaces for each four (4) employees on the        largest shift, or one (1) off-street parking space for every two hundred and       fifty (250) square feet of gross floor area, whichever is greater, plus one (1)    space for each company vehicle normally stored on the premises.

 

            I5         Contracting

 

Contractor offices and shops such as building, cement, electrical, heating, masonry,          painting, and roofing.

 

                        a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

b.         All materials and vehicles shall be stored within a building or an enclosed     area which is properly screened in accordance with Section 603, Table 2.D, of this Ordinance.

 

c.         Parking: one (1) off-street parking space for each employee on the largest      shift, or one (1) off-street parking space for every five hundred (500) square   feet of total floor area, whichever is greater, plus one (1) space for each company vehicle normally stored on the premises.

 

            I6         Truck Terminal

 

A use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another.

 

                        a.         Short term warehousing may be permitted under this use.

 

                        b.         The truck terminal shall be licensed by the Public Utilities Commission.

 

c.         Trucks with compressors running twenty-four (24) hours a day shall be located  within a quadrangle of buildings or walls.

 

                        d.         The buffer requirements of Section 503 of this Ordinance shall be met.

 

                        e.         Parking: one (1) off-street parking space for each employee, or one (1) space                           for every five hundred (500) square feet of total floor area, whichever requires                                the greater number of  spaces, plus one (1) space for each company vehicle                             normally stored on the premises.

 

            I7         Mill

 

Mill where grain and similar products are processed.

 

                        a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

                        b.         Parking: one (1) off-street parking space for each employee of the largest shift                                       plus one (1) space for every two hundred and fifty (250) square feet of total                              floor area used for servicing customers.

 

            I8         Fuel Storage and Distribution

 

Storage and distribution of fuel oil or coal.

 

a.         Approval shall be secured from the Pennsylvania State Police Fire Marshal  for  the underground storage of fuel.

 

b.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

c.         Parking: off-street spaces as the Zoning Hearing Board shall determine           adequate to serve customers, employees, visitors, and vehicles normally        parked on the premises,  but in no case less than one (1) off-street parking     space for each  employee.

 

            I9         Storage Yard

 

A use of land or Structures for the storage of boats and boat trailers other than Use C 9.  No storage of junk vehicles shall be permitted.

 

                        a.         Minimum lot area: five (5) acres.

 

                        b.         Outdoor storage yards shall be fully enclosed by fencing and a landscaped                                 buffer at least twenty (20) feet in width.

 

                        c.         No outdoor storage yard shall be situated closer than fifty (50) feet to a                                     residential district.

 

                        d.         Parking: one (1) off-street parking space for each employee on the largest shift                                      plus one (1) space for every two hundred fifty (250) square feet of gross floor                           area used for servicing customers.

 

            I10       Junk Yard

 

An area of land, with or without buildings, used for the storage, outside of a              completely enclosed building, of used or discarded materials, including, but not limited to    waste paper, rags, metal, building materials, house furnishing, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.  The deposit or storage of two (2) or more motor vehicles not having valid        inspection stickers issue by the Pennsylvania Department of Transportation, excluding farm, vehicles, or of two (2) or more wrecked or broken vehicles, or the major parts of two (2) or more such vehicles, shall only  be stored in a licensed junk yard.

 

                        a.         No material shall be placed in any junk yard in such a manner that it is                            capable of being transferred out of the junk yard by wind, water or other                            natural causes.

 

                        b.         The boundaries of any junk yard shall at all times be clearly delineated.

 

                        c.         All paper, rags, cloth and other fibers, and activities involving the same, other                             than loading and unloading, shall be within fully enclosed buildings.

 

                        d.         The land area used for junk yard purposes shall not be exposed to public view                           from any public street or road by virtue of its location on a hillside or location                         on a  plateau below street level.

 

                        e.         Such junk yard shall be entirely enclosed by a solid fence or wall, at least                       eight (8) feet but no more than ten (10) feet high, constructed of plank boards,                       brick, cinder block or concrete, with access only through solid gates.  The                             fence or wall shall be situated no closer to any street or property line than fifty               (50) feet.  Such fence or wall shall be kept in good repair and neatly painted                  in a uniform color.

 

                        f.          The contents of such a junk yard shall not be placed or deposited to a height                              greater than the height of the fence or wall herein prescribed.

 

                        g.         Between the fence or wall and the street or property line, buffer plantings                       shall be placed that are either:   

 

1.         One (1) deciduous tree (one and one-half (1.5) inch caliper minimum) at an  average of one tree per forty (40) lineal feet of buffer plus one (1)  evergreen tree (three (3) foot minimum height) at an average of one (1) tree per twenty (20) lineal feet of buffer; or tree per forty (40) lineal feet of buffer plus one (1) evergreen tree (three (3) foot minimum height) at an average of one (1)  per twenty (20) lineal feet of buffer; or

 

2.         One (1) deciduous tree (one and one-half (1.5) inch caliper minimum) at an  average of one (1) tree per forty (40) lineal feet of buffer plus one (1) deciduous shrub (three (3) foot minimum height) per (4) lineal feet of  buffer.  Shrubs shall be pivot, forsythia or  viburnum species.

 

                        h.         All materials shall be stored in such a manner as to prevent the breeding or                                 harboring of rats, insects, or other vermin.  When necessary, this shall be                                   accomplished by enclosure in containers, raising of materials above the                          ground, separation of types of material,  preventing the collection of stagnant                       water, extermination procedures, or other means.

 

                        i.          No explosive, toxic, radioactive or highly flammable materials shall be kept                    on the property.

 

                        j.          No burning shall be carried on in any junk yard.  Fire shall be prevented and                              hazards avoided by organization and segregation of stored materials, with                                  particular attention to the separation of combustibles from other materials and                               enclosure of combustibles where necessary (gas tanks shall be drained), by the                              provision of adequate aisles (at least fifteen (15) feet) for escape and                                   firefighting, and by other necessary measures.

 

k.         All vehicles must be drained of all liquids before they are placed in the junk yard. An impervious base, free of cracks and sufficiently large for draining    liquids from all vehicles, shall be provided.  The base should be sloped to     drain to a sump or holding tank and liquid shall be removed from the site as  often as is necessary to prevent overflow of the system.  Curbing around the  pad must be able to retain run-off from a 100-year, 24-hour storm.  All hazardous liquids shall be property disposed of according to the Department of Environmental Resources Rules and Regulations.

 

                        l.          The natural resource protection standards of Section 602 shall be met.

 

                        m.        A zoning permit shall be obtained on an annual basis.

 

                        n.         Parking: one (1) off-street parking space for each employee on the largest shift                          plus three (3) spaces for customer parking.


            I11       Extractive Operation

 

Sand, clay, shale, gravel, topsoil, or similar extractive operations including borrow    pits (excavations for removing material for filling operations).

 

                        a.         A zoning permit shall be obtained on an annual basis.

 

                        b.         When applying for a zoning permit, the Applicant shall provide the following                               plans and  information:

 

                                    1.         Plans Required.

 

                                    (a)        Plan of General Area (within a one (1) mile radius of site) at a                                     scale of one thousand (1000) feet or less to the inch with a                                   twenty  (20) foot or less contour interval to show:

 

                                                            (i)         Existing Data.

 

                                                                        Location of proposed site.

 

Land use pattern including building locations and historical sites and buildings. 

 

                                                Roads - indicating major roads and showing width,                                                     weight  loads, types of surfaces and traffic data.

 

                                                            (ii)        Proposed uses or Facilities.

 

                                                                        Subdivisions.

 

                                                                        Parks, schools, and churches.

 

                                                                        Highways (new and reconstructed).

 

                                                                        Other uses - potentially affecting or affected by the                                            proposed extractive operation.

 

                                                (b)        Plan of Proposed Site at a scale of one hundred (100) feet or                                        less to the inch with a five (5) foot or less contour interval to                                          show:

 

                                                            (i)         Basic Data.

 

                                                                        Soils and geology.

 

                                                                        Groundwater data and water courses. 

 

                                                                        Vegetation - with dominant species.

 

                                                                        Wind data - directions and percentage of time.

 

                                                            (ii)        Proposed Usage.

 

                                                                        Final grading by contours.

 

Interior road pattern, its relation to operation yard and points of ingress and egress to state and township roads.   

 

Estimated amount description of aggregate and overburden to be removed.

 

                                                            Ultimate use and ownership of site after completion of                                                                                 operation.

 

                                                            Source and amount of water if final plan shows use of                                                                            water.

 

                                                                        Plan of operation showing:

 

Proposed tree screen locations.

 

Soil embankments for noise, dust, and visual barriers and heights of spoil mounds.

 

Method of disposition of excess water during operation.

 

Location and typical schedule of blasting.

 

Machinery - type and noise levels.

 

Safety measures - monitoring of complaints.

 

                                    2.         Performance Standards.

 

                                    (a)        Operations. Extractive operations shall meet all development                             and performance standards of Section 600.

 

                                                (b)        Setbacks.  No excavation, quarry wall, storage or area in which                                                processing is conducted shall be located within two hundred                                          (200) feet of any lot line, two hundred (200) feet of any street                                                right-of-way, or within two hundred (200) feet of any                                                           residential or agricultural district boundary line.

 

                                                (c)        Grading.  All excavations, except stone quarries over twenty-                                                    five (25) feet in depth, shall be graded in such a way as to                                                          provide an area which is harmonious with the surrounding                                                               terrain and not dangerous to human or animal life.

 

                                                            (i)   Excavations shall be graded and backfilled to the grades                                                                  indicated by the site plan. Grading and backfilling shall be                                                          accomplished continually and as soon as practicable after                                                                      excavation.  Grading and backfiring may be accomplished                                                                     by use of waste products of the manufacturing operation or                                                            other clean fill materials, providing such materials are                                                                           composed of nonnoxious, noncombustible solids.

 

(ii) Grading and backfilling shall be accomplished in such a            manner that the slope of the fill or its cover shall not         exceed normal angle of slippage of such materials, or         forty-five (45o) degrees in angle, whichever is less.  During grading and backfilling, the setback requirements in          Paragraph b. above may be reduced by one-­half (.5), so that the top of the graded slope shall not be closer than one hundred (100) feet of any district boundary line, any lot line or any street right-of-way.  Stockpiles shall not exceed one hundred (100) feet in height.

 

(iii)When excavations which provide for a body of water are part of the final use of the tract, the banks of the               excavation shall be sloped to a minimum ratio of seven feet to one foot (7' to 1') vertical, beginning at least fifty (50)   feet from the edge of the water and maintained into the   water to a depth of five (5) feet.

 

                                                            (iv) Drainage, either natural or artificial, shall be provided so                                                               that disturbed areas shall not collect water or permit                                                                             stagnant water to remain.

 

                                                (d)        Access.  Truck access to any excavation shall be so arranged as                                             to minimize danger to traffic and avoid nuisance to                                                            surrounding properties.

 

                                       (e)        Planting.  When planting is the final use to which the tract is                                       put, all that is not covered by water shall be covered with a                                            sufficient amount of arable soils to support vegetation.  A                                                planting plan shall be prepared for the entire finished tract                                                using various types of plant material for the prevention of soil                                    erosion and to provide vegetative cover.

 

                                                (f)         Stone Quarry.  Stone quarries whose ultimate depth shall be                                                      more than twenty-five (25) feet shall provide the following:

 

                                                            (i)  A  screen  planting  within  the  setback  area  as  specified                                                in Paragraph (b) above shall be required.  Such a screen                                                               shall be no less than twenty-five (25) feet in width and                                                           setback from the excavation so as to keep the area next to                                        the excavation planted in grass or ground cover and clear of                                                       any obstruction.

 

                                                            (ii) A chain link (or equal) fence at least ten (10) feet high and                                                                with an extra slanted section on top; strung with barbed                                                             wire, shall be placed at either the inner or outer edge of                                                             planting completely surrounding the area.

 

                                                            (iii) Warning signs shall be placed on the fence at intervals of                                                    no more than one hundred (100) feet.

 

                                                (g)        No ground vibration caused by blasting or machinery shall                                             exceed the limits established by the Act of July 10, 1957 P.L.                                        685, as amended, 73 P.S., Sections 164-168, and the rules and                                        regulations adopted thereunder, with the exception that no                                              blasting shall cause a peak particle velocity greater than one                                           (1.0) inch per second,  measured at any property line.   Blasting                                                 shall not occur between the hours of 6:00 p.m. and 7:00 a.m.

 

                                                (h)        Applicants for this  use shall submit a water impact study in                                            accordance with the requirements of this Ordinance.

 

                                                (i)         The buffer requirements of Section 603 of this Ordinance shall                                       be met.

 

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

 

            I12       Industrial Park

 

An industrial park is a planned development of industrial and related uses which      includes improvements for internal streets, coordinated utilities, landscaping and buffering.

 

                        a.         Industrial uses may be located in detached or attached structures.

 

                        b.         Dimensional Requirements

                                    minimum site area:                                               10 acres

                                    minimum setbacks from street and

                                                property lines-site:                                100 feet

                                    minimum frontage at street lines-site:                  150 feet

                                    minimum building spacing:                                 100 feet

                                    maximum height:                                                 24 feet

                                    minimum setbacks-internal street:                        50 feet

 

c.            Permitted Uses:  D8, F3, G4, G5, G7, G8 (drive up service windows are not allowed), G13, G23, G24, G25, G27, G30, G31, G33, I1, I2, I3, I4, I5, I6, I15, J1, and J2.

 

d.         At least fifty percent (50%) of the total floor space of the park shall be utilized for industrial uses.  No single use shall utilize more than twenty percent (20%) of the total floor space of the park.  No retail use shall exceed twenty-five thousand (25,000) square feet in total floor space.

 

                        e.         Accessory outside storage of materials, goods or refuse must be buffered                      around the area devoted to storage either by six (6) foot cedar or spruce fence                   or a hedgerow at least three (3) feet in height with appropriate material as                             specified in Section 603 planted on three (3) foot centers.

 

                        f.          Lighting facilities shall be provided and arranged in a manner which will                          Protect the highway and neighboring properties from direct glare or hazardous                                 interference of any kind.

 

                        g.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

                        h.         No use shall emit noise in such quantity as to be audible beyond its lot lines.                   In addition, the nuisance standards of Section 604-611 of this Ordinance shall                     be met.

 

i.          Access for the park shall be from an arterial or collector highway.  All uses within the park shall take access from an interior roadway.  These interior roadways shall have street trees as listed in Section 603 (Table 3.A), set on forty (40) foot centers.  All parking, loading facilities, and outside storage areas shall be located to the rear or side of buildings.

 

j.          Where the requirements for the I12 Industrial Park conflict with the requirements for the individual Uses within the park, the stricter requirements control.

 

                        k.         Reserved.

 

                        l.          A transportation impact study and water impact study shall be required.

 

                        m.        All commonly owned elements shall be owned and maintained in accordance                             with the Pennsylvania Uniform Condominium Act or other ownership                                    arrangement approved by the Board of Supervisors.

 

                        n.         The Applicant shall submit a plan for the overall design and improvements for                 the industrial park.

 

                        o.         Parking: one (1) off-street parking space for each employee on the largest                     shift or one (1) space for every five hundred (500) square feet of total floor                         area, whichever is greater, plus one (1) space for each company vehicle                               normally stored on the premises.  In addition, one (1) visitor parking space for                      each ten (10) management employees shall be provided.

 

            p.         Conditional Reduction of Parking Improvements refer to Section 701.

 

            I13       Resource Recovery Facility

 

A facility or land that is used for any one (1) or a combination of the following:              composting,  incineration, material separation recycling or trash transfer.

 

                        a.         Related Definitions.

 

                                    1.         Composting Facility: A facility for the composting of the organic                                     matter in municipal solid waste.

 

                                    2.         Incinerator: A facility designed to reduce municipal solid waste by                                              combustion.  This use may or may not include heat exchange                                         equipment  for energy recovery.

 

                                    3.         Material Separation and/or Refuse Derived Fuel (RDF) Facility: The                                          extraction of materials from municipal solid waste for recycling or for                             use as refuse derived fuel  (RDF).

 

                                    4.         Municipal Solid Waste: The unseparated and/or unprocessed                                        combination of residential and commercial solid waste materials                                     generated in a municipality.

 

                                    5.         Recycling Facility: A business that accumulates material such as                                                 paper, glass,  aluminum and/or plastic that is no longer useful for its                                            intended purpose.  The materials are then sold to another business as a                                           raw material which can be used to manufacture a new product.

 

                                    6.         Transfer Station: A facility where municipal solid waste is delivered                                for the purpose of compacting the material into larger vehicles for                                        transport to a final disposal site or processing facility. (A transfer                                         station may include the separation and collection of  material for the                                      purpose of recycling).

 

                        b.         Minimum lot area: ten (10) acres.

 

                        c.         Any such use shall be a minimum of two hundred (200) feet from any public                   road as measured from the ultimate right-of-way of the road and two hundred                (200) feet from any property line.  Additionally, an incinerator or transfer                           station shall be a minimum of three hundred (300) feet from any residential               zoning district or occupied residential dwelling unit.       

 

                        d.         Parking areas shall be a minimum of one hundred (100) feet from any                            property line.

 

                        e.         Operation of a resource recovery facility shall at all times be in full                                  compliance with the statutes of the Commonwealth of Pennsylvania and the              Rules and Regulations of the Department of Environmental Protection                                  (PADEP) and the previsions of this Ordinance in the event that any of the                            previsions of this Ordinance are less restrictive than any present or future                       Rules or Regulations of PADEP, the more restrictive PADEP regulations                       shall supersede and control in the operation of such resource recovery facility.

 

                        f.          Access to the site shall be limited to those posted times when an attendant is                  on duty. In order to protect against indiscriminate and unauthorized dumping,                      every resource recovery facility shall be protected by locked barricades,                               fences, gates or to other positive means designed to deny access to the area at                 unauthorized times or locations.  Such barricade shall be at least six (6) feet                   high and shall be kept in good repair and neatly painted in a  uniform color.

 

                        g.         Unloading of municipal solid waste shall be continuously supervised by a                        facility operator.

 

                        h.         Hazardous waste as included on the list of hazardous waste as maintained by                 the Department of Environmental Protection shall not be disposed of in a                             resource recovery facility.

 

                        i.          Litter control shall be exercised to confine blowing litter to the work area and                 a working plan for clean up of litter shall be submitted to the municipality.                           To control blowing paper, there shall be erected a fence having a minimum                     height of six (6) feet, with openings not more than three inches by three                          inches (3" x 3") along all boundaries.  The entire area  shall be kept clean and                 orderly.

 

                        j.          All parts of the process - unloading, handling and storage of municipal solid                                waste shall occur within a building.  However, certain separated recyclable                                materials like glass,  aluminum, and other metals may be stored outdoors.

 

                        k.         The storage of paper shall be within a building.

 

                        l.          Any materials stored outdoors shall be property screened so as not to be                       visible form any adjacent streets or property.

 

                        m.        No material shall be placed or deposited to a height greater than the height of                 the fence or wall herein prescribed.

 

                        n.         No municipal solid waste shall be processed or stored at a recycling facility.                               For all other types of resource recovery facilities, municipal solid waste shall                                     not be stored on the site for more than seventy-two (72) hours.

 

                        o.         A contingency plan for disposal of municipal solid waste during a plant                           shutdown must be submitted to the municipality and approved by the                                 governing body.

 

                        p.         Leachate from the municipal solid waste and water used to wash vehicles or                              any  part of the operation shall be disposed of in a manner in compliance with                                    PADEP regulations. If the leachate is to be discharged to a municipal sewage                                 treatment plant,  appropriate permits shall be obtained from the applicable                             agencies and authorities.  In no event shall the leachate be disposed of in a                                        storm sewer, to the ground, or in any other manner inconsistent with the                                     Pennsylvania Department of Environmental Protection regulations.

 

                        q.         Waste from the resource recovery facility process (such as, but not limited to,                ash from an incinerator) shall be stored in such a manner as to prevent it from                       being carried from the site by wind or water.  This process waste shall be                           located at least one hundred (100) feet from any property line and stored in                       leak proof and vector  proof containers.  Such process waste shall be disposed                         of in a sanitary landfill  approved by PADEP or in another manner approved                  by PADEP.

 

                        r.          A dense evergreen buffer shall be provided on the outside perimeter of the                     fenced area.  Evergreens shall be four to five feet (4'-5') in height and planted                         on ten (10) foot staggered centers.  In addition, the buffer requirements of                            Section 603 of this Ordinance shall be met.

 

                        s.          Solid waste landfill operations and open burning of any materials shall                                        specifically be  prohibited.

 

                        t.          No use shall emit noise in such quantity as to be audible beyond its lot lines.                   In  addition, the nuisance standards of Sections 604-611 of this Ordinance                           shall be met.

 

            u.         A traffic impact study and a water impact study shall be required.

 

            v.         A zoning permit shall be obtained on an annual basis.

 

            I14       Solid Waste Landfill

 

A land site on which engineering principles are utilized to bury deposits of solid       waste without creating public health or safety hazards, nuisances, pollution, or environmental degradation.

 

                        a.         Minimum lot area: fifty (50) acres.

 

                        b.         The solid waste landfill operation shall be setback from any property line or                   street right-of-way line at least three hundred (300) feet.

 

                        c.         A traffic impact study shall be required.

 

                        d.         Operation of any solid waste landfill shall at all times be in full compliance                       with the Statutes of Commonwealth of Pennsylvania, and the Rules and                          Regulations of the Department of Environmental Protection and the                                  provisions of this Ordinance. In the event that any of the provisions of this                           part are less restrictive than any present or future Rules or Regulations, the                     more restrictive Pennsylvania Department of Environmental Protection  shall               supersede and control in the operation of such solid waste landfill.

 

                        e.         Suitable measures shall be taken to prevent fires by means and devices                          mutually agreeable to the Department of Environmental Protection and the                       Township.

 

                        f.          Burning of municipal solid waste is prohibited at a solid waste landfill.

 

                        g.         A solid waste landfill operation shall be under the direction at all times of a                                             responsible individual who is qualified by experience or training to operate a                               landfill.

 

                        h.         Access to the site shall be limited to those posted times when an attendant is                  on duty.  In order to protect against indiscriminate and unauthorized                         dumping, every solid waste landfill shall be protected by locked barricades,                           fences, gates or other positive means designed to deny access to the area at                               unauthorized times or locations.

 

                        i.          Unloading of waste shall be continuously supervised.

 

                        j.          Measures shall be provided to control dust.  To control blowing paper, there                 shall be erected a fence having a minimum height of six (6) feet, with                               openings not more than three inches by three inches (3" x 3") along any                      boundary over which such a nuisance may be spread.  The entire area shall be                           kept clean and orderly.   Cracks in, depressions in or erosion of cover shall be               repaired daily.

 

                        k.         Hazardous materials, including, but not limited to, highly flammable                                 materials,  explosives, pathological wastes, radio-active materials, liquids, and                    sewage shall not be disposed of in a solid waste landfill.

 

                        1.         The disposal of sewage liquids and solids and other liquids shall be                                specifically prohibited in a solid waste landfill.

 

                        m.        Litter control shall be exercised to continue blowing litter to the work area                     and a working plan of clean up of litter shall be accomplished.

 

                        n.         Salvaging shall be conducted by the operator only and shall be organized so                   that it will not interfere with prompt sanitary disposal of waste or create                             unsightliness or health hazards. The storage of salvage shall be controlled in a                       manner that will not permit the inhabitation or reproduction of deleterious                                        vectors.

 

                        o.         The entire site, including the fill surface, shall be graded and provided with                                              drainage facilities to minimize runoff onto and into the fill, to prevent erosion                   or washing of the fill, to drain off rainwater falling onto the fill, and to                          prevent the collection of standing water.  The operator shall comply with the                        requirements of Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code                 and applicable Township Ordinances so that there is no adverse off-site                               impact from the drainage of surface water.

 

                        p.         Operation of any solid waste landfill shall at all times be in full compliance                       with the Pennsylvania Clean Streams Law, Act 157 of 1980, as amended.

 

                        q.         The buffer requirements of Section 1003 of this Ordinance shall be met.

 

                        r.          A zoning permit shall be obtained on an annual basis.

 

                        s.          A final inspection of the entire site shall be made by the Department of                                                   Environmental Protection and the Township and their authorized                                    representatives to determine compliance with approved plans and                                     specifications before the earth-moving equipment is removed from the site.                          Any necessary corrective work shall be performed before the solid waste                                  landfill project is accepted as completed.  Arrangements shall be made for the                repair of all cracked, eroded and uneven areas in the final cover during the                           first two (2) years following completion of the solid waste landfill.  A bond                         shall be posted to ensure that all corrective work is completed.


I15       Flex Space

 

Building space designed for use as either office, light manufacturing, assembly, or warehousing.

 

a.         The buffer requirements of Section 603 of this Ordinance shall be met.

 

b.         Each flex space area shall have no less than twenty percent (20%) of its total floor area devoted to an office use.

 

c.         All materials and vehicles shall be stored within a building or an enclosed area which is properly screened in accordance with Section 603, Table 2.D of this Ordinance.

 

d.         No explosive, toxic, radioactive, or highly flammable materials shall be stored on the premises.

 

e.         Parking:  one (1) off-street parking space for each employee on the largest shift, or one (1) off-street parking space for every five hundred (500) square feet of total floor area, whichever is greater, plus one (1) space for each vehicle normally stored on the premises.

 

J           General Accessory Uses and Structures

 

J1         Nonresidential Accessory Building

 

Accessory building, or structure, or uses customarily incidental to the uses permitted         within the zoning district, except outside storage.  For any use accessory to a use permitted           only as a special exception or conditional use, the accessory use shall only be provided as a          special exception or conditional use.

 

                        a.         Nonresidential accessory buildings shall meet the minimum setbacks for the                                principal nonresidential use.

 

                        b.         School Bus Shelter: A structure for the use of persons waiting for a bus.

 

                        1.         Maximum floor area:  sixty-four (64) square feet.

 

                        2.         Such structures shall be located at least twelve (12) feet from any                      street line or lot line.  The provisions of Section 509 shall also be met                                                to ensure adequate visibility across corners.

 

3.         Two (2) parallel signs, no more than six (6) square feet each, may be erected.  These signs  may advertise goods, services, businesses, or organizations not located on the property.

 

                        c.         Parking: parking shall conform to the requirements of the most closely                                                    related use.

 

            J2         Outside Storage or Display

 

                        a.         Outside storage or display, other than storage as a primary use of the land,                                            necessary but  incidental to the normal operation of a primary use.

 

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

 

                                    2.         Outside storage and display areas shall occupy an area less than one-                                        half (.5) the existing building coverage.

 

                                    3.         Outside storage areas shall be shielded from view from all public                                                streets.

 

                        b.         Uses requiring more substantial amounts of land area for storage or display                                may be exempt from the provisions of Paragraphs J2 a (2.) and (3.) above                                        when granted as a special  exception by the Zoning Hearing Board.

 

                                    1.         No more than twenty-five percent (25%) of the lot area shall be used                                        in outdoor  storage or display.

 

                                    2.         In particular, uses appropriate under this provision include, but are not                                                   limited to, nurseries, lumber yards, automobile sales, truck terminals,                                          and agricultural retail.

 

                                    3.         Among the uses that shall not be appropriate for inclusion under this                                                       prevision are retail stores, repair shops, service station, or car-washing                                                  facility, automobile repair, sale of automobile accessories, wholesale                                                      business and storage contractor office and shops and crafts.

 

            J3         Temporary Structures

 

Temporary structure, building or use.  A temporary permit may be issued for             structures or uses necessary during construction or other special circumstances of a              nonrecurring nature.

 

                        a.         The time period of the initial permit shall be six (6) months.  This permit may                              be renewed for three (3) month time periods.

 

                        b.         Such structure or use shall be removed completely within thirty (30) days of                               the expiration of the permit without cost to the Township.

 

            J4         Temporary Community Event

 

A temporary activity including, but not limited to, flea markets, public exhibitions,           auctions, carnivals, circuses, picnics, air shows and suppers for fund raising, and similar               organizational events and meetings.

 

                        a.         Such temporary uses shall be limited to occurrences of not more than seven                   (7)  days per occurrence.  Such occurrences shall be limited to not more than                   four (4) occurrences in a calendar year for each organization.  There shall be                      at least a  thirty (30) day period between such occurrences.

 

                        b.         Signs advertising a temporary community event shall be limited to twelve (12)                                        square feet in size.  Such signs shall be posted no more than fourteen (14)                                  days prior to the first day of the event and shall be removed on the final day of                             the event.  No more than four (4) off-premises signs shall be placed.  The                                           location of  off-premises signs must be approved by the property owners of                               the property upon  which they are to be fixed.

 

                        c.         The Applicant shall provide plans to ensure adequate parking, emergency                                  access,  road  access, sanitary facilities, refuse collection, noise control, and                               clean-up after the event.

 

            J5         Oil and Gas Drilling Well

 

An accessory use on a property, wells and other structures related to the drilling for,          exploration for or production of oil and/or gas.

 

                        a.         Wells and storage tanks shall be located not less than two hundred (200) feet                            from any property line or residential dwelling.

 

                        b.         All wells and storage tanks shall be located not less than one hundred (100)                               feet  from a stream or other natural watercourse or from any private or public                                    water well.

 

                        c.         All well locations shall be cleared of dead grass, brush and debits and any                                  other hazard or inflammable material within a radius of seventy-five (75) feet                              from each well.

 

                        d.         A fire bank shall be constructed around the tanks to catch and impound oil in                             the event of spillage and seepage.  Such areas shall be lined with an                                                 impermeable material to prevent  the pollution of the groundwater.

 

                        e.         An adequate slush pit shall be maintained to collect tank drainage or draw-off.                                       Such areas shall be lined with an impermeable material to prevent the                                         pollution of the groundwater.

 

                        f.          Zoning permit applications shall include the names and addresses of the                                      surface owners;  the names and addresses of the oil, gas and mineral owners;                             the names and addresses of  the lessees, if any, of the oil, gas and minerals.

 

            J6         Wind Energy Conversion System (WECS)

 

A wind energy conversion system is a device which converts wind energy to             mechanical  or ejects energy.

 

                        a.         Siting.

 

1.         A WECS shall be set back from any property line, above-ground utility             line, and  other WECS a distance greater than either:

 

                                                (a)        Its overall height, including blades; or

 

                                                (b)        The minimum yard requirements, whichever is greater.

 

2.         In the case of performance subdivisions or cluster developments, a     WECS shall be erected within the common open space area and shall be set back from all  residences a distance greater than (1.) a. above.

 

                                    3.         Contiguous property owners may construct a WECS for use in                                                  common,  provided that the required setback is maintained relative to                                        the property lines of non-participating owners.

                                   

                        b.         Size.

 

                                    1.         Maximum output: two hundred (200) KW.

 

                                    2.         Maximum blade diameter: eighty (80) feet.

 

                        c.         Safety.

 

                                    1.         Minimum blade height: fifteen (15) feet at lowest point of arc.

 

                                    2.         Access control: minimum access height of twelve (12) feet or                                                     minimum fence height of six (6) feet with locking portal.

 

                                    3.         The design of a proposed WECS shall be such that it will operate                                              safely, without  loss of structural integrity and certified by a licensed                                           engineer, under the  following conditions:

 

                                                (a)        Loss of utility power (shall not backfeed dead utility line).

 

                                                (b)        High wind speed (shall brake or feather below survival wind                                                                  speed).

 

                                                (c)        Blade imbalance (shall support added blade weight of at least                                                    ten percent (10%).                                                       

 

                                    4.         A minimum of one (1) sign shall be posted near ground level or on the                                                    tower structure warning of high voltage.

 

                        d.         Other.

 

                                    1.         The electric and utility lines to and from a WECS shall be                                                          underground.

 

                                    2.         The ground level equipment and structures shall be adequately                                                   buffered from adjacent properties and street right-of-way with                                                   landscaping or fencing.

 

3.         A WECS shall primarily serve on-site generation needs.  If hookups to       PP&L system is proposed, electrical plans must be prepared by a        certified  electrical  engineer, at the Applicant's expense, and submitted to PP&L for approval.

 

                                    4.         A WECS shall not interfere with the reception of any radio, television                                        or  other  communication equipment.

 

            J7         Air Landing Field

 

A private, noncommercial air landing field serving helicopters or fixed wing             aircrafts.

 

                        a.         Approval of the Pennsylvania Department of Transportation, Bureau of                                      Aviation shall be secured.

 

                        b.         No air landing field shall be established if its flight pattern will overlap with                                  the flight  pattern of any existing air landing field.

 

                        c.         There shall be no rental of hangar space or commercial activities, including                                             storage facilities or instruction in conjunction with the use.

 

            J8         Radio and Television Towers, Masts, Aerials, Flagpoles, and Dish Antenna

 

An accessory use for a principal use other than Use Hl and Use H5.

 

                        a.         The structure shall be setback from all property lines a distance at least one                                and  one-half  (1.5) times the height of the structure.

 

                        b.         The structure shall be anchored to the ground in a manner satisfactory to the                                          Township.

 

                        c.         The structure shall not be subject to the maximum height limitations of this                                              Ordinance. However, a conditional use permit must be obtained for any                                     structure which will exceed these maximum height limitations.

 

                        d.         On lots of ten (10) acres or smaller, dish antenna, radio towers and television                                         towers shall not be located in the front yard of a residential structure.  On lots                                        greater than ten (10) acres, these uses shall not be located in the minimum                             front yard as specified in this Ordinance.                                      

 

                        e.         The diameter of the dish antenna shall not exceed ten (10) feet.

 

                        f.          When separately supported, the total height of the dish antenna shall not                                     exceed ten (10) feet, unless approved as a conditional use.

 

                        g.         Roof mounting of a dish antenna is. not recommended.  If roof mounted, the                                          antenna shall be located on a portion of the roof sloping away from the front                              of  the lot and no part thereof shall project above the ridge line.  Provided,                                   however, in no event shall a roof mounted antenna exceed three (3) feet in                                     diameter.  Dish antennas shall not be mounted on chimneys.

 

                        h.         No more than one (1) dish antenna shall be permitted on any lot.

 

                        i.          When not roof mounted, the dish antenna shall be screened by staggered                                   plantings of  evergreens which present a solid visual barrier to adjoining                                      houses and to the street.

 

J9         Accessory Playgrounds and Recreational Areas

 

A recreational area, such as a ball field, basketball court, walking trail, etc., or playground that is clearly accessory to a principle use located upon the same lot.

 

a.         The playground or recreational area shall meet the dimensional requirements of the principal use it is accessory to.

 

b.         The playground or recreational area shall conform with the standards contained in the Township’s Subdivision and Land Development Ordinance.

 

c.         All playgrounds shall comply with the Township’s Playground Code.

 


Section 406      Table of Use Regulations

 

List of Uses

AP

R-3

C-1

C-2

I

VR-1

VR-2

A.       Agricultural

 

 

 

 

 

 

 

A1      General Farming

Y

Y

Y

Y

Y

N

Y

A2      Nursery

Y

Y

Y

Y

Y

Y

Y

A3      Intensive Agricultural

Y

N

Y

Y

Y

N

N

A4      Industrial Animal Production

N

N

N

N

Y

N

N

A5      Commercial Kennel    

N

N

N

N

Y

N

N

A6      Noncommercial Kennel

Y

N

Y

Y

Y

Y

Y

A7      Equestrian

Y

SE

SE

SE

SE

N

N

A8      Agricultural Retail

Y

Y

Y

Y

Y

Y

Y

A9      Forestry

Y

Y

Y

Y

Y

Y

Y

 

 

 

 

 

 

 

 

B.  Residential

 

 

 

 

 

 

 

B1      Detached Dwelling

Y

Y

Y

Y

N

Y

Y

B2      Single-Family Detached Cluster

N

Y

N

N

N

N

N

B3      Performance Standard Development

N

Y

N

N

N

N

N

B4      Elderly Housing

N

Y

N

N

N

N

N

B5      Mobile Home Park

N

Y

N

N

N

N

N

B6      Group Home

Y

SE

N

N

N

SE

SE

B7      Reserved

 

 

 

 

 

 

 

B8      Full Care Facility

N

Y

N

N

N

N

N

B9      Rooming or Boarding House

N

N

SE

Y

N

N

N

B10    Residential Conversion

N

SE

N

N

N

SE

SE

B11    Air Park

Y

N

N

N

N

N

N

 

 

 

 

 

 

 

 

C.  Residential Accessory

 

 

 

 

 

 

 

C1      Accessory Home Occupation

Y

Y

Y

Y

Y

Y

Y

C2      Professional Offices

Y

Y

Y

Y

Y

Y

Y

C3      Personal Services

Y

Y

Y

Y

Y

Y

Y

C4      Instructional Services

Y

Y

Y

Y

Y

Y

Y

C5      Home Crafts

Y

Y

Y

Y

Y

Y

Y

C6      Family Day Care

Y

Y

Y

Y

Y

Y

Y

C7      Trade Business

Y

Y

Y

Y

Y

Y

Y

C8      Repair Service/Other Home

           Occupation                 

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

C9      Residential Accessory Building

           Structure or Use

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

C10    No-Impact Home-Based Business

Y

Y

Y

Y

Y

Y

Y

 

 

 

 

 

 

 

 

D.  Institutional

 

 

 

 

 

 

 

D1      Place of Worship

Y

Y

Y

Y

Y

N

SE

D2      School

SE

SE

SE

SE

SE

N

SE

D3      Library or Museum

Y

Y

Y

Y

Y

Y

Y

D4      Hospital

SE

SE

SE

SE

SE

N

N

D5      Reserved

 

 

 

 

 

 

 

D6      Cemetery

SE

SE

SE

SE

SE

N

N

D7      Municipal Building

Y

Y

Y

Y

Y

N

SE

D8      Commercial School

N

N

SE

Y

N

N

N

D9      Day Care Center

SE

SE

Y

Y

SE

N

Y

 

 

 

 

 

 

 

 

E.  Recreational

 

 

 

 

 

 

 

E1       Recreational Facility

y

y

y

y

y

n

se

E2       Private Camp, Park, Recreational Area          

se

se

se

se

se

n

n

E3      Golf Course

y

y

y

y

y

n

n

E4      Community Center

SE

se

se

se

se

n

se

E5      Private Club

se

se

se

se

se

n

n

E6      Recreational Camping Park

y

n

y

y

y

n

n

 

 

 

 

 

 

 

 

F.  Office

 

 

 

 

 

 

 

F1      Medical Office

n

n

y

y

n

n

y

F2      Veterinary Office

n

n

n

y

n

n

y

F3      Office

n

n

n

y

n

n

y

F4      Office Park

n

n

n

y

 n

n

n

 

 

 

 

 

 

 

 

G.  Commercial and  Consumer Service

 

 

 

 

 

 

 

G1      Retail Store

n

n

n

y

n

n

n

G2      Adult Commercial

n

n

n

se

n

n

n

G3      Village Oriented Shop

n

n

y

y

n

n

se

G4      Service Business

n

n

y

y

y

n

y

G5      Financial Establishment

n

n

y

y

n

n

n

G6      Funeral Home or Mortuary

N

N

Y

Y

N

N

N

G7      Eating Place

n

n

y

y

n

n

y

G8      Drive-Ins and Other Eating Places

n

n

n

y

n

n

n

G9      Tavern

n

n

se

se

n

n

n

G10    Repair Shop

N

N

Y

Y

N

N

Y

G11    Indoor Entertainment

n

n

se

se

n

n

n

G12    Theater

n

n

n

y

n

n

n

G13    Indoor Athletic Club

n

n

n

y

n

n

n

G14    Amusement Halls and Arcade

n

n

n

y

n

n

n

G15    Outdoor Entertainment

n

n

n

y

n

n

n

G16    Outdoor Motion Picture Establishment

n

n

n

y

n

n

n

G17    Cottage Development or Private Camp

se

n

n

se

se

n

n

G18    Motel-Hotel

n

n

n

y

n

n

n

G19    Inn

n

n

se

y

n

n

n

G20    Guest House

se

n

n

n

n

se

y

G21    Service Station/Car Washing Facility

n

n

n

y

n

n

n

G22    Automobile Sales

n

n

n

y

n

n

n

G23    Automobile Repair

n

n

n

y

n

n

n

G24    Automotive Accessories

n

n

n

y

n

n

n

G25    Truck and Farm Equipment Sales

n

n

n

y

y

n

n

G26    Shopping Center

n

n

n

y

n

n

n

G27    Mini-warehouse

N

N

N

Y

Y

N

N

G28    Dwelling in Combination

n

n

y

y

y

n

y

G29    Nonresidential Conversion

n

n

y

y

y

n

n

G30    Crafts

n

n

n

se

y

n

n

G31    Lumber Yard

n

n

n

y

y

n

n

G32    Parking Lot or Garage

n

n

n

se

y

n

n

G33    Limited Contracting

n

n

n

y

y

n

n

 

 

 

 

 

 

 

 

H.  Utility, Service and Transportation - Uses

 

 

 

 

 

 

 

H1      Utilities

C

Y

Y

Y

Y

N

SE

H2      Emergency Services

y

y

y

y

y

n

se

H3      Terminal

n

n

n

se

Y

N

N

H4      Airport or Heliport

n

n

n

se

se

n

n

H5      Radio or Television Transmitter

se

se

se

se

se

n

n

H6      Cellular/Digital

           Telecommunications Facilities

 

c*

 

c*

 

c*

 

c*

 

c*

 

c*

 

c**

 

 

 

 

 

 

 

 

I.  Industrial Uses

 

 

 

 

 

 

 

I1       Manufacturing

n

n

n

n

y

n

n

I2       Research

n

n

n

n

y

n

n

I3       Wholesale Business, Wholesale

           Storage, Warehousing

 

n

 

n

 

n

 

n

 

y

 

n

 

n

I4       Printing

n

n

n

n

y

n

n

I5       Contracting

n

n

n

n

y

n

n

I6       Truck Terminal

n

n

n

n

y

n

n

I7       Mill

n

n

n

n

y

n

n

I8       Fuel Storage and Distribution

n

n

n

n

se

n

n

I9       Storage Yard

se

n

n

y

y

n

n

I10     Junk Yard

n

n

n

n

se

n

n

I11     Extraction Operation

n

n

n

n

y

n

n

I12     Industrial Park

n

n

n

n

y

n

n

I13     Resource Recovery Facility

n

n

n

n

se

n

n

I14     Solid Waste Landfill

n

n

n

n

se

n

n

I15     Flex Space

N

N

N

N

Y

N

N

 

 

 

 

 

 

 

 

J.  General Accessory Uses and Structures

 

 

 

 

 

 

 

J1      Nonresidential Accessory Building

n

n

y

y

y

n

n

J2      Outdoor Storage or Display

n

n

n

y

y

n

n

J3      Temporary Structure

y

y

y

y

y

y

y

J4      Temporary Community Event

c

c

c

c

c

c

c

J5      Oil and Gas Drilling Well

n

n

n

n

se

n

n

J6      Wind Energy Conversion System

se

n

n

n

se

n

n

J7      Air Landing Field

c

n

n

n

c

n

n

J8      Radio and Television Towers, Masts

         Aerials, Flagpoles and Dish Antenna

 

y

 

Y

 

Y

 

Y

 

Y

 

N

 

n

J9     Accessory Playgrounds and

         Recreational Areas                                                                              

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

 

Y

 

KEY:

Y = A Use Permitted by Right   N =  A Use Not Permitted

SE = A Used Permitted by Special Exception      C- = A Use Permitted as a Conditional Use

 

* Pursuant to the restrictions contained in Section 405H.6.


Section 407(a)  VR-1 Village Residential District-1

 

            (1)        Purpose.

 

            The Village Residential District-1 is intended to promote and preserve the residential character of all or portions of Bedminster Township's villages.

 

            (2)        Use Regulations.

 

            A building may be erected or used, and a lot may be used or occupied, for any one (1) of the following uses and no other:

 

                        a.         Uses Permitted by Right

                                    A2                   Nursery

                                    A6                   Noncommercial Kennel

                                    A8                   Agricultural Retail

                                    Bl                     Detached Dwelling

                        Cl-C10                        Residential Accessory Uses

                        D3                   Library or Museum

                        J3                     Temporary Structure

                        J9                     Accessory Playgrounds and Recreational Areas

 

                        b.         Uses Permitted by Special Exception

                        B6                    Group Home

                        B10                  Residential Conversion

                        G20                 Guest House

 

               c.         Uses Permitted by Conditional Use

                           J4                     Temporary Community Event

 

            (3)        Area and Dimensional Regulations.

 

a.         Unless a greater area or dimensional regulation is stated in Section 405, Use           Regulations, for a specific use, all uses in the Village Residential District-1   shall meet the following requirements:

 

                                    minimum lot area:                                  10,000 sq. feet

                                    minimum lot width:                                      70 feet

                                    maximum building coverage:                         30 percent (30%)

                                    maximum height:                                          35 feet

                                    minimum yards:

                                                front:                                               35 feet

                                                side:                                                10 feet

                                                rear:                                                20 feet

 

                        b.         Refer to Section 602, Environmental Performance Standards, to determine the                              buildable portion of the lot.

 

            (4)        Buffer Yard.

 

            In order to protect and distinguish the village from surrounding development, a buffer yard is required in accordance with Section 603 of this Ordinance for all uses proposed adjacent to the Village Residential District-1.  A Class A buffer in the form of street trees is also required along existing and proposed streets within the Village District.

 

            (5)        Signs.

 

            Any sign erected and maintained in accordance with Section 802 of this Ordinance provided the use to which it refers is permitted in the Village Residential District-1.

 

Section 407(b)      VR-2 Village Residential District-2

 

            (1)        Purpose.

 

            The Village Residential District-2 is intended to promote and preserve the character of all or portions of Bedminster Township's villages.  A variety of residential and agricultural uses are permitted in the district.  Limited commercial uses are also intended for this district to provide for a mix of uses that are compatible with the village.

                

            (2)        Use Regulations.

 

            A building may be erected or used, and a lot may be used or occupied, for any one (1) of the following uses and no other:

 

                        a.         Uses Permitted by Right

                                    Al                     General Farming

                                    A2                   Nursery

                                    A6                   Noncommercial Kennel

                                    A8                   Agricultural Retail

                                    Bl                     Detached Dwelling

                                    Cl-C10                        Residential Accessory Uses

                                    D3                   Library or Museum

                                    D9                   Day Care Center

                                    Fl                     Medical Office

                                    F2                    Veterinary Office

                                    F3                    Office

                                    G4                   Service Business (excluding laundry and dry cleaning services)

                                    G7                   Eating Place

                                    G10                 Repair Shop

                                    G20                 Guest House

                                    G28                 Dwelling in Combinations

                                    J3                     Temporary Structure

                        J9                     Accessory Playgrounds and Recreational Areas

 

                        b.         Uses Permitted by Special Exception

                                    B6                    Group Home

                                    B10                  Residential Conversion

                                    Dl                     Place of Worship

                                    D2                   School

                                    D7                   Municipal Building

                                    El                     Recreational Facility

                                    E4                    Community Center

                                    G3                   Village Oriented Shop

                                    Hl                     Utilities

                                    H2                   Emergency Services

 

                        c.         Uses permitted by Conditional use

                                    J4                     Temporary Community Event

 

            (3)        Area and Dimensional Regulations.

 

                        a.         Unless a greater area or dimensional regulations is stated in Section 405, Use                                         Regulations, for a specific use, all uses in the Village Residential District-2                                  shall meet the following requirements:

 

                                Minimum               Minimum               Maximum             Maximum           Minimum Yards          Maximum

                        Lot                   Lot                   Bldg.               Impervious     Front Side Rear     Height

                        Area                        Width           Coverage                        Surface

Use                  (sq. ft.)             (feet)                (%)                 Ratio (%)             (feet)                         (feet)

Residential

Uses                 20,000               100                   20                     40                35    10     40             35

 

Other Permitted

Nonresidential

Uses                 40,000               150                   10                     40                35     20      50            35

                        20,000*             100                   20                    50                35     15      40            35

 

(* with off-lot water and sewer)

 

                        b.         If a property is located in two (2) different zoning districts, the land within the                             VR-2  District must comply with the dimensional regulations of the district,                            exclusive of  the area contained in the R-1, Agricultural Residential District.                                   Land uses in the surrounding R-1 District may utilize area located within the                                  VR-2 District to comply with the minimum dimensional requirements of the                                R-1 District.

 

c.         Building arrangement - A nonresidential building (excluding Use G3) shall not occupy more than ten thousand (10,000) square feet of gross floor area or up to the maximum building coverage, whichever is less.

 

                        d.         Refer to Section 602, Environmental Performance Standards, to determine the                                       buildable portion of the lot.

 

            (4)        Buffer Yard.

 

            In order to protect and distinguish the village from surrounding development, a buffer yard is required in accordance with Section 603 of this Ordinance for all uses proposed in or adjacent to the Village Residential District-2, A Class A buffer in the form of street trees is also required along existing and proposed streets within the Village District.

 

            (5)        Parking Standards.

 

            The number of off-street parking spaces for each use shall comply with Section 405 of the Zoning Ordinance.  In addition to the provisions of Section 711 of the Bedminster Township Subdivision Regulations, nonresidential uses in the VR-2 District shall also meet the following requirements:

 

                        a.         Required off-street parking spaces shall be on the same lot or premises with                              the principal use served; or, where this requirement cannot be met, within                                        three hundred (300) feet of the same lot.

 

b.         Two (2) or more uses may provide for required parking in a common parking  lot if the total number of spaces provided is not less than the sum of the spaces required for each use individually.  However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.

 

                        c.         All parking spaces shall be located to the side or rear of the property to screen                          the view of parked cars form the street and to allow the space in front of                                         buildings to be used for pedestrian paths and landscaping.

 

                        d.         Plant material sufficient to screen the parking areas from view in the village                                 shall  be required.

 

            (6)        Signs.

 

            The following types of signs and no others shall be permitted in the VR-2 District:

 

                        a.         Any sign erected and maintained in accordance with the provisions of Section                                        802, (signs permitted in the residential district) provided the use to which it                                 refers is  permitted in the Village Residential District-2.

 

                        b.         For all nonresidential uses permitted by right or special exception, a sign or                                signs may be erected in accordance with (a) of the following:

 

                                    (i)         One (1) freestanding sign up to ten (10) square feet, plus one (1) of the                                                  following:

 

                                                [1]        One (1) wall sign mounted flush on wall up to eight (8) square                                                                feet; or

 

                                                [2]        One (1) wall sign (when part of the architectural design of the                                                                building) consisting of individual letters or symbols not to                                                            exceed fifteen percent (15%) of wall area; or

 

[3]        One (1) window sign consisting of individual letters or symbols not to exceed thirty percent (30%) of total glass are of the building front.

 

                                    (ii)        One (1) projecting sign projecting not more than five (5) feet from the                                                    wall up to ten (10) square feet in size, plus one (1) of the following:

 

                                                [1]        One (1) wall sign mounted flush on wall up to eight (8) square                                                                feet; or

 

                                                [2]        One (1) wall sign (when part of the architectural design of the                                                                building) consisting of individual letters or symbols not to                                                            exceed  fifteen percent (15%) of wall area; or

 

[3]        One (1) window sign consisting of individual letters or symbols not to exceed thirty percent (30%) of total glass are of the building front; or

 

If a building fronts upon more than one (1) street, one (1)  additional  sign in conformity with either Subsection (a), (b) or (c) above  may be  permitted on each street frontage; or

 

                                                [4]        Directional signs of three (3) square feet or less are permitted                                                    for traffic control  purposes, provided such signs do not contain                                                             advertising copy.

 

            (7)        Lighting.

 

            Lighting on pole feet in height. be recessed and Lighting on pole fixtures shall not exceed ten (10) feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed one-half (.5) foot candle at the property line.

 

            (8)        Refuse.

 

            Outdoor collection stations shall be provided for garbage and trash removal.  The stations shall be to the rear of the structure and shall be screened from view and landscaped.

 

Section 408.       AP Agriculture Preservation District

 

            (1)        Use Regulations.

 

                        a.         Uses permitted by Right include:

                                    Al                     General Farming

                                    A2                   Nursery

                                    A3                   Intensive Agricultural

                                    A6                   Noncommercial Kennel

A7                   Equestrian

                                    A8                   Agricultural Retail

                                    A9                   Forestry

                                    Bl                     Detached Dwelling

                                    B6                    Group Home

                                    Bl1                   Air Park

                                    C1-C10           Residential Accessory Structures and Uses

                                    Dl                     Place of Worship

                                    D3                   Library or Museum

                                    D7                   Municipal Building

                                    El                     Recreational Facility

                                    E3                    Golf Course

                                    E6                    Recreational Camping Park

                                    H2                   Emergency Services

                                    J3                     Temporary Structure

                                    J8                     Accessory Nonresidential Radio and Television Towers, Masts,                                                            Aerials, Flagpoles and Dish Antenna.

                                    J9                     Accessory Playgrounds and Recreational Areas

 

                        b.         Uses by Special Exception include:

D2                   School

D6                   Cemetery

D9                   Day Care Center

E2                    Private Camp, Park, Recreational Area

E4                    Community Center

E5                    Private Club

G17                 Cottage Development or Private Camp

G20                 Guest House

H5                   Radio or Television Transmitter

19                    Storage Yard

J6                     Wind Energy Conversion System

 

                       


c.         Uses by Conditional Use include:

J4                     Temporary Community Event

J7                     Air Landing Field

H1                   Utilities

H6                   Cellular/Digital Telecommunications Facilities

(pursuant to the restrictions contained in Section 405.H6)

 

(2)        Preservation of Farmland Soils.

 

a.         All proposals for subdivision and/or land development within the AP District shall complete a site analysis as specified by Section 602.A of this Ordinance.  Sites containing five (5) acres or more of Preserved Farmland Soils, as calculated under the requirements of Section 602.A, shall protect these Preserved Farmland Soils in accordance with the requirements of this Ordinance.

 

b.         Preserved Farmland Soils are protected by including them within one (1) or more Farmland Preservation Tracts.  Proposed Farmland Preservation Tracts must meet all of the standards of this Ordinance.  Only those Farmland Soils included within Farmland Preservation Tracts meeting the standards of this Ordinance shall be considered preserved and can be counted toward this Ordinance’s requirement for the preservation of Farmland Soils.

 

c.         No Preserved Farmland Soils protected under this Ordinance may be altered or developed except for agricultural uses or as otherwise allowed under this Section.

 

d.         All proposed building lots and development must be located on the portion of the site designated as the Buildable Area.

 

e.         All residential-type land development/subdivision plans shall contain the following note:  Agricultural uses within this Zoning District may have associated with them activities incompatible with residential uses.  These agricultural activities may have associated with them noise, odors, and other disturbances which are part of normal farming operations but can negatively impact nearby residences.  Residents of the A.P. Zoning District are advised that noise, odors, dust, fumes, or other disturbances associated with agricultural practices shall not be regulated by Township nuisance laws.”

 

f.          Exceptions.

 

(i)         Act 319 Subdivisions – Subdivisions of parcels covenanted under Act 319 for the creation of one (1) or two (2) additional lots in compliance with the mandates of Act 319 necessary to keep the original parcel covenanted under Act 319 shall not be required to preserve any Farmland Soils.  The additional one (1) or two (2) lots created in such a subdivision shall comply with the following dimensional requirements:

 

minimum lot size:                                   1 acre

maximum lot size                                   2 acres

minimum lot width:                                175 feet

minimum yards -

front                                         60 feet

side                                          30 feet min.,

                                                75 feet aggregate

rear                                          80 feet

minimum building envelope:                   8,000 square feet

Lot Maximum Impervious Surface:        17 percent (17%)

maximum building coverage:                  10 percent (10%)

maximum height:                                   35 feet

 

(ii)        Lot line changes - Lot line changes which do not result in the creation of an additional building lot(s) shall not be required to preserve any Farmland Soils, if the affected land is immediately conveyed to the adjacent parcel.  Each lot involved in the lot line change shall comply with the appropriate requirements specified in Subsection 408(3).  This exception shall not be used to avoid any of the requirements of Section 408 of this Ordinance, and these requirements shall be imposed upon any subdivision or land development proposed for a parcel that was subject to a lot line change within the previous ten (10) years as if the lot line change did not occur.  A note reflecting this ten (10) year restriction shall be placed upon the Record Plan for the lot line change.

 

g.         Where a land development or subdivision is not proposed, all Applicants, land owners, tenants, Uses, sites, parcels, applications, or activities shall comply with the Natural Resource Protection Standards for the R-3 Zoning District and the regulations listed under Subsection 408(3) below, unless a more restrictive area or dimensional regulation is stated in Section 405 - Use Regulations for a specific use.  If the lot or lots involved, however, were created out of a subdivision that preserved Farmland Soils under these Agricultural Preservation regulations, then the area and dimensional regulations applicable at time the lot or lots were created shall be complied with.

 

(3)        Requirements for sites containing less than five (5) acres of Preserved Farmland Soils.

 

A lot, parcel, tract of land, or group thereof, proposed to be subdivided or developed, that contains less than five (5) acres of Preserved Farmland Soils, as calculated under the requirements of Section 602.A, shall comply with the following applicable regulations, unless a more restrictive area or dimensional regulation is stated in Section 405 for a specific Use:

 

a.         Residential Subdivision.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    0 percent (0%)

Site Maximum Impervious Surface Ratio:          8 percent (8%)

 

(ii)        Area and Dimensional Requirements for all Lots

 

minimum lot size:                                               80,000 square feet

minimum lot width:                                            200 feet

minimum yards:

front                                                     85 feet

side                                                      30 feet min.,

                                                            75 feet aggregate

rear                                                      100 feet

minimum building envelope:                               9,000 square feet

Lot Maximum Impervious Surface Ratio:           10 percent (10%)

maximum building coverage:                              7 percent (7%)

maximum height:                                               35 feet

 

b.         Non-Residential Subdivision/Land Development.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    0 percent (0%)

Site Maximum Impervious Surface Ratio:          20 percent (20%)

 

(ii)        Area and Dimensional Requirements for all Lots

 

minimum lot area:                                              60,000 square feet

minimum lot width:                                            200 feet

minimum yards:

front                                                     75 feet

side                                                      30 min.,

                                                            75 feet aggregate.

rear                                                      80 feet

minimum building envelope:                               12,000 square feet

Lot Maximum Impervious Surface Ratio:           35 percent (35%)

maximum building coverage:                              20 percent (20%)

maximum height:                                               35 feet

 

(iii)       These regulations apply to all subdivisions and land developments in the AP Zoning District that propose any Use other than agricultural or residential Uses on a site containing less than five (5) acres of Preserved Farmland Soils.  No residential Use may be proposed for a lot created under these regulations.

 

c.         All sites shall comply with the Natural Resource Protection Standards for the R-3 Zoning District and shall complete a site analysis as specified by Section 602.B of this Ordinance.

 

d.         The proposed property line(s) shall follow existing hedgerows or other natural features, where possible, to avoid dividing a farm field or a natural resource.

 

(4)        Requirements for sites containing five (5) acres or more of Preserved Farmland Soils.

 

A lot, parcel, tract of land, or group thereof, proposed to be subdivided or developed, that contains five (5) acres or more of Preserved Farmland Soils, as calculated under the requirements of Section 602.A, shall comply with all the regulations for one (1) of the following four (4) Options, unless a more restrictive area or dimensional regulation is stated in Section 405 for a specific Use:

 

a.         Farm Subdivision.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    80 percent (80%)

minimum original site size:                                  50 acres

Site Maximum Impervious Surface Ratio:          7 percent (7%)

 

(ii)        Area and Dimensional Requirements for all Subdivided Lots

 

minimum lot size:                                               25 acres

minimum lot width:                                            300 feet

minimum yards:

front yard                                             85 feet

side yard                                              30 feet minimum,

                                                            75 feet aggregate

rear yard                                              100 feet

minimum building envelope:                               8,000 square feet

Lot Maximum Impervious Surface Ratio:           9 percent (9%)

maximum building coverage:                              3 percent (3%)

maximum height:                                               35 feet

 

(iii)       The proposed property line(s) shall follow existing hedgerows or other natural features, where possible, to avoid dividing a farm field or natural resource.

 

(iv)       One (1) dwelling may be constructed on any lot created under this Option not containing a residence.  This dwelling and any appurtenant residential/ agricultural structures shall be located so as to maximize the farmability of the lot and the protection of farmland soils upon the lot.

 

b.         Estate Subdivision.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    70 percent (70%)

minimum original site size:                                  10 acres

maximum density (per Net Buildable Site Area):          0.2 du/ac

Site Maximum Impervious Surface Ratio:          10 percent (10%)

 

(ii)        Area and Dimensional Requirements for all Building Lots

 

minimum lot size:                                               5 acres

minimum lot width:                                            300 feet

minimum yards:

front                                                     85 feet

side                                                      30 feet minimum,

                                                            75 feet aggregate

rear                                                      100 feet

minimum building envelope:                               10,000 square feet

Lot Maximum Impervious Surface Ratio:           12 percent (12%)

maximum building coverage:                              7 percent (7%)

maximum height:                                               35 feet

 

(iii)       Estate lots shall be deed restricted to prohibit further subdivision and a note against further subdivision shall be placed upon the subdivision plan recorded with the Recorder of Deeds.

 

(iv)       Under this Option, the Preserved Farmland Soils may be protected by including them within one (1) or more Farmland Preservation Tracts.  The Farmland Preservation Tract(s) may be located on one (1) or more of the building lots or consolidated into a separate parcel.  The Farmland Preservation Tracts located upon a building lot must be at least three (3) acres in size; while a Farmland Preservation Tract located upon a separate parcel must be at least five (5) acres in size.  In all cases, each Farmland Preservation Tract created shall comply with all the provisions of this Ordinance.

 

(v)        In addition to the Farmland Preservation Tract, the remainder of the Protected Site Area may be located on one (1) or more of the building lots or consolidated with the Farmland Preservation Tract on a separate parcel.  Any portion of the Protected Site Area, including a Farmland Preservation Tract, located on a building lot shall be protected by a conservation easement and a deed restriction pursuant to the requirements of Section 626 of this Ordinance.

 

(vi)       Any and all structures shall be located at least one hundred (100) feet away from the edge of any part of the Protected Site Area located upon a building lot.  Agricultural structures, however, are allowed to be kept/constructed upon a Farmland Preservation Tract located upon a building lot.

 

(vii)      The buffer requirements of Section 603 of this Ordinance shall be met.

 

c.         Residential Subdivision.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    60 percent (60%)

maximum density (per Net Buildable Site Area):         0.5 du/ac

Site Maximum Impervious Surface Ratio:          17 percent (17%)

 

(ii)        Area and Dimensional Requirements for all building lots

 

minimum lot area:                                              32,000 square feet

maximum lot area:                                             2 acres

minimum lot width:                                            150 feet

minimum yards:

front                                                     60 feet

side                                                      30 min.,

                                                            65 feet aggregate

rear                                                      65 feet

minimum building envelope:                               7,000 square feet

Lot Maximum Impervious Surface Ratio:           20 percent (20%)

maximum building coverage:                              10 percent (10%)

maximum building height:                                   35 feet

 

(iii)       All proposed building lots must be located on the Buildable Area of the site.

 

(iv)       The buffer requirements of Section 603 of this Ordinance shall be met.

 

(v)        The maximum lot area may be enlarged as much as is necessary to accommodate an individual on-lot sewage disposal system.

 

(vi)       The purpose of the minimum/maximum lot area requirements are set forth in Section 304 of this Ordinance.

 

(vii)      Under this Option, none of the Protected Site Area, including any of the Preserved Farmland Soils, shall be located on any of the building lots.

 

d.         Non-Residential Subdivision/Land Development.

 

(i)         Area and Dimensional Requirements for the Base Site Area

 

Farmland Soils Preservation Ratio:                    60 percent (60%)

Site Maximum Impervious Surface Ratio:          20 percent (20%)

 

(ii)        Area and Dimensional Requirements for all Lots

 

minimum lot area:                                              60,000 square feet

minimum lot width:                                            200 feet

minimum yards:

front                                                     75 feet

side                                                      30 min.,

                                                            75 feet aggregate.

rear                                                      80 feet

minimum building envelope:                               12,000 square feet

Lot Maximum Impervious Surface Ratio:           35 percent (35%)

maximum building coverage:                              20 percent (20%)

maximum height:                                               35 feet

 

(iii)       This Option applies to all subdivisions and land developments in the AP Zoning District that propose any Use other than agricultural or residential Uses on a site containing five (5) acres or more of Preserved Farmland Soils.  No residential Use may be proposed for a lot created under this Option.

 

(iv)       All proposed building lots must be located on the Buildable Area of the site.

 

(v)        The buffer requirements of Section 603 of this Ordinance shall be met.

 

e.         Under any of these Options, the proposed property line(s) shall follow existing hedgerows or other natural features, where possible, to avoid dividing a farm field or natural resource.

 

f.          Building lots created under any of these Options shall be positioned upon the site so as to maximize the farmability and protection of the Farmland Soils located upon of the remainder of site.

 

(5)        Standards for Farmland Preservation.

 

All Farmland Preservation Tracts shall comply with the following standards.

 

a.         A Farmland Preservation Tract shall consist of a contiguous area which shall not be less than three hundred (300) feet in length, width, or any other dimension.  While areas of the Farmland Preservation Tract containing non-Farmland Soils (i.e. class IV and below) may be used to meet this dimensional requirement; non-farmable areas, including, but not limited to, preserved Natural Resources cannot be used to meet this dimensional requirement.  This dimensional requirement does not apply to land remnants that may be added to the Farmland Preservation Tract but are not included in calculating the amount of required Preserved Farmland Soils.

 

b.         The Farmland Preservation Tract shall be of a such shape so as to be suitable for the convenient use of modern farm equipment and machinery.

 

c.         The Farmland Preservation Tract shall have suitable access, including frontage on a public street of not less than one hundred seventy-five (175) linear feet.  In the case where the Farmland Preservation Tract cannot have road frontage due to the location of the Farmland Soils, the Tract shall be provided with direct access to a public street.  Such an accessway shall not be less than twenty-five (25) feet in width or greater than forty-five (45) feet in width.

 

d.         A Class D buffer shall be provided between the Farmland Preservation Tract and the proposed residential lots or development in accordance with Section 603, unless modified by the Board of Supervisors upon recommendation of the Planning Commission.  Any required buffer yard and plant material shall be located on the buildable portion of a lot and not on the Farmland Preservation Tract.

 

e.         Where otherwise not prohibited, a Farmland Preservation Tract may be located upon the same parcel as one (1) single-family detached dwelling and accessory residential structures or a structure for an allowed non-residential use.  The building envelope for the dwelling and/or structure(s) shall not be included within the Farmland Preservation Tract and shall not be included in any calculation of the size or dimensions of the Tract.  The Farmland Preservation Tract shall not encroach upon any of the dwelling’s/structure’s required front, side or rear setbacks.  The Farmland Preservation Tract shall be located in relation to the existing/proposed dwellings/structures so as to maximize the farmability of the Tract.  All dwellings/structures must comply with the area and dimensional requirements of the applicable Option under Subsection 408(4) (except maximum lot size).  Any residences preserved or built upon such a parcel shall be counted towards the maximum density of the site.

 

f.          Agricultural structures are allowed to be constructed upon a Farmland Preservation Tract and existing agricultural structures may be included within a Farmland Preservation Tract.

 

g.         Only one (1) Farmland Preservation Tract shall be allowed per site, except under the Estate Subdivision option.  Where the geography or the location of the Farmland Soils makes the creation of just one (1) Farmland Preservation Tract infeasible, the Board of Supervisors may allow the creation of two (2) or more Tracts.  When multiple Farmland Preservation Tracts are allowed, each Tract shall meet all of the requirements of this Ordinance, and the farmable portion of a Farmland Preservation Tract shall not be less than five (5) acres, or in the case of an Estate Subdivision, not less than three (3) acres.

 

h.         A Farmland Preservation Tract shall be located upon a single parcel.  Where multiple Farmland Preservation Tracts are allowed, each Tract may be located upon a single and separate parcel.

 

i.          To the greatest extent possible, Farmland Preservation Tracts shall be situated adjacent to one another and/or conserved farmland, so as to form large contiguous tracts of protected, usable farmland.

 

j.          The ownership and protection of a Farmland Preservation Tract shall comply with the provisions of Section 626 of this Ordinance.

 

 

           

 


ARTICLE V.              DIMENSIONAL REQUIREMENTS

 

Section 500      Lot Area or Yard Required

 

The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance.  No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this Ordinance, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

 

Section 501      Minimum Lot Size

 

Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified in Section 513 of the Zoning Ordinance, except as specified in Section 503 regarding flag lot standards.

 

In addition, if a parcel or property proposed for subdivision is subject to a restrictive covenant under Act 319, and is located in a zoning district requiring a minimum lot size of greater than one (1) acre, the following provisions shall apply:

 

(1)        The minimum lot size for each lot in the subdivision shall be forty-three thousand five hundred sixty (43,560) square feet provided the Act 319 regulations for subdivision are met.

 

(2)        All other applicable zoning regulations, including lot width and yard setbacks, shall apply.

 

Section 502      Exceptions to Minimum Lot Sizes

 

The provisions of Section 501 and Article V shall not prevent the construction of a single-family dwelling on any lot that was lawfully created under a previous Zoning Ordinance of Bedminster Township but does not meet the requirements of the Ordinance under which the lot as created shall regulate the building on that lot.

 

Section 503      Minimum Lot Width

 

(1)        Where a minimum lot width is specified, no building shall be erected on any part of a lot which has a width less than that specified in Section 513, except as specified in this Section.

 

(2)        Flag Lot - A flag lot shall be defined as a tract of land not less than ten (10) acres in size (not including the lane) which does not have road frontage other than for the lane itself.

 

a.         Each flag lot must contain at least ten (10) acres, not including the lane.

 

b.         Each lane to the flag lot must be owned by the lot owner in fee, be at least twenty-five (25) feet wide,  not to exceed forty-five (45) feet, and open onto a public road.

 

c.         The area in the lane is not to be included in calculating the minimum ten (10) acre area.

 

d.         Only one (1) tier of flag lots shall be allowed.

 

e.         There shall be no designations of front yard, side yard or rear yard setback.  For this purpose, there shall be minimum building setback from all property lines of one hundred (100) feet.

 

f.          Other sections of the Township Subdivision Ordinance concerning the relationship of size prevails, i.e., there shall be a ratio of three to one (3 to 1) for the lot, the longest side to the shortest side of the lot excluding the lane.

 

g.         A flag lot shall be used only for a single-family dwelling and if there exists an established non-conforming use for an existing house, it shall not be the residence on the flag lot and this Ordinance does not apply to such.

 

h.         Adjacent driveways for flag lots will not be permitted.  Further, a subdivider shall be aware of flag lots adjacent to his property, before planning his own flag lot to assure that it is not adjacent to a former subdivided flag parcel.

 

i.          Section 511, Driveways, of the Bedminster Township Subdivision Ordinance applies to all driveway design and construction for flag lots.

 

j.          The maximum driveway grade shall be ten percent (10%) and the minimum improved driveway width shall be ten (10) feet.  The driveway grade may be increased to a maximum of four­teen percent (14%) if the driveway is surfaced with a minimum of one and one-half (1.5) inches of bituminous paving over a minimum of six (6) inches of crushed stone for a width of ten (10) feet.  A twenty (20) foot leveling area shall be provided with a maximum grade of four percent (4%) at the public roadway and in front of or near the end of the lane, adjacent to the residence.

 

k.         Adequate drainage for the paved surface of the lane shall be provided.  The driveway shall have a cross slope or crown of minimum grade of one percent (1%) and five percent (5%) maximum.  Transitions between grades shall be designed to prevent contact of the undercarriage of a typical family automobile with the paved surface.

 

l.          Adequate visibility must be provided for all anticipated traffic conditions.  Other portions of the subdivision Ordinance are to be considered when planning the flag lot exit onto the public road.  In any event, the driveway entrance shall be no less than a sixty percent (60%) angle with the roadway for a minimum of twenty (20) feet.

 

m.        Existing roadside drainage shall not be impeded.  When drainage structures are  required under the driveway within a public right-of-way, a Class III reinforced concrete pipe (25-year storm) is required.  Existing roadside drainage may not be altered without Township approval. Calculations will be made by the subdivider and absolute approval of same by the Township Engineer will control.

 

n.         All erosion and sedimentation resulting from any improvements must be controlled within the limits of the property, Stormwater management facilities must be provided in order that the surface water flow characteristics leaving the  property from the driveway are not altered by increasing rate and velocity or change in flow direction.

 

Section 504      Exceptions for Existing Alignment

 

If the alignment of existing buildings on either side of a lot within a distance of fifty (50) feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the Supervisors may accept the average of such existing alignment within that distance as the required front yard, but in no case shall the front yard be less than twenty (20) feet.

 

Section 505      Projections into Yards

 

(1)        Ground-story bays, covered front porches, landings and steps less than four (4) feet above grade, and chimney flues may project into the required yards no more than four (4) feet.  Such projections shall not occupy more than one-third (1/3) the length of the building wall they are located upon.  In no case shall any projection be closer than five (5) feet from any lot line.

 

(2)        Cornices and gutters may project not more than two (2) feet over a required yard.  These features shall be included in the calculation of impervious surface and building coverage.

 

(3)        Fire escapes may project into a required side or rear yard area no more than four (4) feet.  Such fire escapes shall not occupy more than one-third (1/3) the length of the building wall they are located upon.  Fire escapes for adjacent structures may not project into facing or adjacent yards.

 

(4)        In the VR-1, VR-2, R-3, and C-1 Zoning Districts, decks which are three (3) feet or less in height above grade (exclusive of railings) may project into the required rear yard up to thirty percent (30%) of the required depth.  In no case shall a deck intrude into the rear yard more than ten (10) feet or intrude closer than fifteen (15) feet to the rear lot line.  Decks with roofs, trellises, or other features that extend above the railing shall not intrude into the rear yard.  Decks greater than three (3) feet in height above grade shall not intrude into the rear yard.  All decks shall not intrude into the front or side yards, and in all other zoning districts, decks shall not intrude into any of the required yards.

 

Section 506      Accessory Buildings in Yards

 

(1)        Accessory buildings or structures shall not be permitted within required front or side yards except as set forth in Subsections (3) and (4) below.

 

(2)        Accessory buildings or structures may be placed in the required rear yard but shall not be located closer to the rear property line than the required minimum side yard for the zoning district in which the property is located or for the Use(s) being conducted upon the property, whichever is greater.

 

(3)        Swimming pools, spas, hot tubs, artificial ponds, and similar features that can hold seven hundred fifty (750) gallons or more may be located within the required minimum side or rear yard but shall not be located closer than fifteen (15) feet from any lot line or street line.  Pools, spas, tubs, ponds, and features that hold less than seven hundred fifty (750) gallons may be placed up to not closer than five (5) feet from any lot line or street line.

 

(4)        On lots less than two (2) acres, a shed may be placed up to but not closer than five (5) feet from the side or rear lot line, so long as the shed is not larger than two hundred fifty (250) square feet and not taller than ten (10) feet.  A shed may not be placed within required front yard.

 

Section 507      Fences and Terraces in Yards

 

(1)        Yard requirements shall not apply to fences, hedges, or walls that are six (6) feet or less in height above grade on both sides of the fence, hedge, or wall.  In no case shall a fence, hedge, or wall be constructed within the right-of-way of any street.

 

(2)        Yard requirements shall not apply to walkways or steps constructed at grade.

 

(3)        Patios, terraces, and other similar features less than one (1) foot above grade may be located within the required minimum yards but shall not be located closer than ten (10) feet from any lot line or street line.

 

Section 508      Building Height Regulations

 

(1)        Height limitations of this Ordinance may be exceeded by one (1) foot for each foot by which the width of each side yard is increased beyond the minimum side yard requirements up to a maximum of fifty (50) feet.

 

(2)        Maximum height regulations shall not apply to farm buildings, church spires, chimneys, or other structures built above the roof and not devoted to human occupancy.


Section 509      Traffic Visibility Across Corners

 

            (1)        In all districts, no structure, fence, planting or other obstruction shall be maintained between a plane two (2) feet above curb level and a plane seven (7) feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a triangle boundary by the two (2) street lines and a straight line drawn between points on each such line twenty-five (25) feet from the intersection of said lines or extension thereof.  When one (1) or both streets which form the intersection are classified as collector or arterial highways, the sight triangle bounded by the two (2) street lines and a straight line drawn between points on such line shall be fifty (50) feet from the intersection of said lines or extension thereof.

 

(2)        At each point where a private accessway intersects a public street or road, a clear-sight triangle of ten (10) feet measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two (2) feet above the street grade.

 

Section 510      Location of Street Lines

 

Street lines are established in those cases where the edge of the existing legal right-of-way is closer to the street center line than indicated below for the particular class of road. Street classifications are indicated in the Township Comprehensive Plan.  Street lines shall be measured from the center of the existing road.

 

                        Street Types                                                Feet from Center Line

 

                        Arterial                                                                       60

                        Collector                                                                    40

                        Primary                                                                      30

                        Rural Road                                                                 30

                        Secondary                                                                  25

                        Marginal Access                                                         25

 

Section 511      Front and Side Yards of Corner Lots

 

            On a corner lot the street side yard shall equal the required front yard for lots facing that street.

 

Section 512      Banking of Restrictions

 

All new residential construction (not including repairs or additions) shall be designed and built in compliance with the following:

 

(1)        The builder/developer/applicant shall bank two (2) percentage points of the site impervious surface requirement, three (3) percentage points of the building coverage requirement, and four (4) percentage points of the lot impervious surface requirement applicable to the site and every lot within the site.  The banked land/requirements may be used by the purchaser of the new dwelling who subsequently resides within this new dwelling to construct further improvements upon the property or lot after the new construction has been completed and the property or lot has been transferred to the purchaser.

 

(2)        The principal structure(s) shall be set back an additional ten (10) feet from the required rear yard.  This banking of the rear yard set back does not apply to Uses that do not have a minimum rear yard requirement.

 

(3)        These banking requirements only apply to lots that are one (1) acre in lot area or less.  These banking requirements do not apply to the Multiplex and Apartment housing types listed under the B3 Use, if such buildings are owned by a single person or entity and the individual units are rented out to tenants.

 

(4)        These banking requirements apply to a B3 Performance Standard Subdivision in the R-3 Zoning District as follows:

 

 

Housing Type

Site Impervious

Building Coverage

Lot Impervious

Rear Yard Setback

Standard

Banked

Standard

Banked

Standard

Banked

Standard

Banked

Detached

22%

20%

30%

27%

35%

31%

40 ft.

30 ft.

Detached Off-Center

22%

20%

30%

27%

38%

34%

35 ft.

25 ft.

Village

22%

20%

35%

32%

42%

38%

30 ft.

20 ft.

Twin

22%

20%

35%

32%

40%

36%

20 ft.

10 ft.

Duplex

22%

20%

40%

37%

43%

39%

20 ft.

10 ft.

Patio

22%

20%

35%

32%

45%

41%

0 ft.

N/A

Multiplex

22%

20%

30%

27%

40%

36%

20 ft.

10 ft.

Atrium

22%

20%

65%

62%

65%

61%

0 ft.

N/A

Weak Link (no garage)

22%

20%

40%

37%

42%

38%

20 ft.

10 ft.

Weak Link (1 car garage)

22%

20%

50%

47%

52%

48%

20 ft.

10 ft.

Weak Link (2 car garage)

22%

20%

60%

57%

62%

58%

20 ft.

10 ft.

Townhouse

22%

20%

50%

47%

55%

51%

20 ft.

10 ft.

Apartment

22%

20%

50%

47%

50%

46%

0 ft.

N/A

 

 

Section 513      Table of Dimensional Requirements

 

All uses, activities, subdivisions and/or land developments proposed within Bedminster Township shall comply with the following Table of Dimensional Requirements.  The standards in this Table shall apply in the specific Zoning Districts and all requirements must be met for the District.  Where these standards conflict with standards in other sections of this Ordinance, the more restrictive standard shall always govern.  In the R3 District, the minimum lot size for a conventional subdivision shall be forty thousand (40,000) square feet.


TABLE OF DIMENSIONAL REGULATIONS1

 

 

                  Zoning District                                                                    Maximum             Open         Minimum      Minimum          Minimum        Minimum                      Maximum                      Minimum        Maximum

                                                            Minimum                                 Impervious            Space         Lot Width     Front Yard         Side Yard        Rear Yard                       Building                            Site                Height

Option     Development Type             Lot Size           Density         Surface Ratio           Ratio             (feet)             (feet)                 (feet)               (feet)                         Coverage                         Area                (feet)

 

                           AP                                                                       (Site)          (Lot)

A.             < 5 acres Res.2               80,000 sq.ft.             -             8%           10%             -                  200                 85               30, 75 agg.            100   7%                             -                                   35

B.         < 5 acres Non-Res.2          60,000 sq.ft.             -            20%          35%             -                  200                 75               30, 75 agg.             80  20%                             -                                   35

C.                 Farm Sub.2                                25 acres                -             7%            9%              -                  300                 85               30, 75 agg.            100   3%                       50 acres                             35

D.               Estate Sub.2                     5 acres               0.2          10%          12%             -                  300                 85               30, 75 agg.            100   7%                       10 acres                             35

E.            Residential Sub.2             32,000 sq.ft.           0.5          17%          20%             -                  150                 60               30, 65 agg.             65  10%                             -                                   35

F.            Non-Residential2             60,000 sq.ft.             -            20%          35%             -                  200                 75               30, 75 agg.             80  20%                             -                                   35

 

                           R-3

G.                    Cluster                     15,000 sq.ft.          1.13         12%          25%          25%               100                 35               10, 30 agg.             35        -                        5 acres                              35

H.           Perf. Subdivision                 varies                3.03         22%         varies         50%             varies           varies               varies             varies                         varies                           5 acres                35

I.                   All others                   40,000 sq.ft.             -            15%          18%             -                  150                 50                      20                    50  10%                             -                                   35

 

                           C-1

J.        Off-lot water & sewer         20,000 sq.ft.             -            60%          60%             -                  100                 35                      25                    30  30%                             -                                   35

K.                 All others                   40,000 sq.ft.             -            50%          50%             -                  150                 50                      35                    30  20%                             -                                   35

 

                           C-2

L.                   All uses                          1 acre                  -            60%          60%             -                  150                 50                      35                    30  20%                             -                                   35

 

                             I

M.                  All uses                        2 acres4                -            55%          55%             -                  200                755                     255                   505 20%                             -                                   35

 

                          VR-1

N.                   All uses                    10,000 sq.ft.             -            40%          40%             -                   70                  35                      10                    20  30%                             -                                   35

 

                          VR-2

O.             All Residential               20,000 sq.ft.             -            40%          40%             -                  100                 35                      10                    40  20%                             -                                   35

P.                  All others                   40,000 sq.ft.             -            40%          40%             -                  150                 35                      20                    50  10%                             -                                   35

J.        Off-lot water & sewer6        20,000 sq.ft.             -            50%          50%             -                  100                 35                      15                    40  20%                             -                                   35

 

1---- Unless a more restrictive area or dimensional regulation is provided for elsewhere in the Zoning Ordinance.

2---- Subject to the AP requirements of Section 408 of this Ordinance.

3---- Density Calculations under R-3 Options shall be considered applicable to Net Buildable Site Area and not to Base Site Area.

4---- There shall be a minimum building envelope of twenty-five thousand (25,000) square feet for each lot.

5---- Minimum yard adjacent to any residential zoning district shall be two hundred (200) feet with the following additional requirements:  a.  Storage and any part of the Use of the lot is prohibited in the two hundred (200) foot setback; b.  Parking is permitted in the setback, but it shall be at least one hundred fifty (150) feet from the property line; and c.  A buffer yard is required in accordance with Section 603.

6.--- This applies only to nonresidential uses.


ARTICLE VI.            PERFORMANCE STANDARDS

 

Section 600      Compliance

 

            All uses, activities, subdivisions and/or land developments proposed within Bedminster Township shall comply with this Article and all other provisions of the Zoning Ordinance unless specifically exempted.

 

Section 601      Environmental Performance Standards

 

            Any Use permitted under Article IV, Use Regulations, may be undertaken and maintained only if it conforms to all district regulations as well as the environmental protection standards of this Section.  Site alterations, regrading, filling, or clearing of vegetation by a landowner or developer which would violate the following standards shall be a violation of this Ordinance.  The developer shall determine the presence of environmental or natural features on the site and shall meet the following standards for environmental protection.

 

(1)        Floodplains. See performance standards in Sections 613 et. seq., Floodplain Performance  Standards.

 

(2)        Floodplain Soils. See performance standards in Sections 613 et. seq., Floodplain Performance Standards.

 

(3)        Steep Slopes.  In areas of steep slopes, the following standards shall apply:

 

a.         Fifteen percent (15%) to twenty-five percent (25%) - No more than thirty percent (30%) of such areas shall be developed and/or regraded or stripped of vegetation, except for tracts ten (10) acres or greater in the AP District where no more than seventy-five percent (75%) of such areas shall be developed and/or regraded or stripped of vegetation.

 

b.         Twenty-five percent (25%) or more - No more than fifteen percent (15%) of such  area shall be developed and or regraded or stripped of vegetation, except in the AP District for parcels which are ten (10) acres or greater in size, in which case no more than seventy percent (70%) of such area shall be developed and/or regraded or stripped of vegetation.

 

            (4)        Woodlands.  The following standards shall apply to woodlands.

 

            a.         Woodlands in Environmentally Sensitive Areas.  No more than twenty percent (20%) of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon.  Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes, wetlands, wetland margins and lake or pond shorelines.

 

                        b.         Other Woodland Areas.  No more than fifty percent (50%) of woodlands                                 which  are not  located in environmentally sensitive areas (as defined in a.                                   above) shall  be altered,  regraded, cleared or built upon.

 

c.         AP District.  On a tract consisting of ten (10) acres or more, no more than      seventy-five percent (75%) of woodlands which are not located on                    environmentally sensitive areas defined in a. above shall be altered regraded, cleared or built upon.

 

            (5)        Lakes, Ponds, Wetlands, Swales or Streams.  Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except that roads may cross streams,              watercourses and wetlands where design approval is obtained from the township, the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of  Engineers (for wetlands).

 

            (6)        Lake and Pond Shorelines.  From the landside edge of a lake or pond extending outward for a distance of one hundred (100) feet shall constitute a lake or pond shoreline.  No more than thirty percent (30%) of such an area shall be altered, regraded, filled or built upon, and no more than ten  percent (10%) of  the area that may be disturbed shall be impervious surface.

 

            (7)        Wetlands Margins.  No more than twenty percent (20%) of such areas shall be altered, regraded, filled, or built upon.  In addition, any Department of Environmental Protection     regulations under Chapter 105 concerning activities in wetlands margins shall be met.

 

                        For the purpose of this Ordinance, the wetlands margin shall extend one hundred (100) feet from the wetland boundary or to the limit of the hydric soils, whichever is less.  The limit of  hydric soils shall be as mapped in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, July 1975, unless reclassified by a Certified Soil Scientist.

 

(8)        Prime Farmland and Agricultural Soils in AP District.  On a tract(s) containing ten (10) acres or more, no more than forty percent (40%) of Prime Farmland or Farmland of Statewide Importance as defined in Section 216 of this Ordinance may be developed (Capability Classes I, II and III).

 

(9)        Stormwater.  All uses, activities, subdivisions and/or land developments shall comply with the stormwater management provisions of the Bedminster Township Subdivision and Land Development Ordinance as applicable, and any stormwater management ordinances of Bedminster Township adopted pursuant to the Stormwater Management Act, Act of October 4, 1978, 32 P.S. 680.1, et seq., as amended. 

 

(10)      Soil Erosion and Sedimentation.  All developments shall protect streams, lakes and ponds against sedimentation damage and control erosion in accordance with the "Clean Streams Law PL 1987", Chapter 102, except that in addition all developments shall submit a soil erosion and sedimentation plan as part of the preliminary development plan even where there is less than twenty-five (25) acres involved.

 

(11)      The Permanent Removal of Topsoil.  The permanent removal of topsoil from any parcel  of  land shall be prohibited, except as follows:

 

a.         During actual construction on premises, that portion of the topsoil present      which  covers an area to be occupied by permanent structures or permanently located materials of an impervious nature or ponds and lakes may be considered excess,  and may be removed by the owner.

 

b.         During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.

 

            (12)      Permanent Removal of Sub-Surface Solids.  The permanent removal of sub-surface soils, whether soil, clay, or mineral in nature, for other than the on-site construction or grading  purpose shall be prohibited except in permitted extraction operations.

 

(13)      Riparian Buffer.  No land disturbance shall be permitted within any riparian buffer except as permitted below.  The measurement of the riparian buffer shall extend a minimum of seventy-five (75) feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level, or shall equal the extent of the 100-year floodplain, whichever is greater.  The buffer area will consist of two (2) distinct protection zones.

 

a.         Zone 1.  This buffer area will begin at the edge of the identified waterway (which includes wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of twenty-five (25) feet measured horizontally on a line perpendicular to the edge of water at bankfull flow.

 

            Open space uses that are primarily passive in nature may be permitted in Zone 1, including:

 

(i)         Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parklands, and reforestation.

 

(ii)        Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks Conservation District and a nutrient management plan in accordance with State requirements, if applicable.

 

(iii)       Regulated activities permitted by the Commonwealth and Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines) provided that any disturbance is offset by riparian corridor improvements as approved by the Township.

 

(iv)       Vegetation management in accordance with an approved landscape or open space management plan.

 

            Runoff or wastewater to be buffered or filtered by Zone 1 will be limited to sheet flow or subsurface flow only.  Concentrated flows must be converted to sheet flow or subsurface flows prior to entering Zone 1.

 

b.         Zone 2.  This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of fifty (50) feet in addition to Zone 1.  However, where the width of the 100-year floodplain extends greater than seventy-five (75) feet from the waterway, Zone 1 shall remain a minimum of twenty-five (25) feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain.

 

            Uses permitted in this buffer area include open space uses that are primarily passive in nature including:

 

(i)         Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, passive areas for public or private parklands, recreational trails and reforestation.

 

(ii)        Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks Conservation District.

 

(iii)       Regulated activities permitted by the Commonwealth and Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines) provided that any disturbance is offset by riparian corridor improvements as approved by the Township.

 

(iv)       Recreational activities or uses not involving impervious surfaces such as ball fields or golf courses.

 

(v)        Naturalized stormwater basins provided the entire basin is located a minimum of fifty (50) feet from the defined edge of the identified water course and situated outside the 100-year floodplain.

 

c.         Prohibited Uses.  Any use or activity not authorized within Subsection a. or b. above shall be prohibited within the riparian buffer.  The following activities and facilities are specifically prohibited:

 

(i)         Clear cutting of trees and other vegetation.

 

(ii)        Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection a. or b. above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees.  Removal is subject to revegetation by native plants that are most suited to the riparian corridor.

 

(iii)       Storage of any hazardous or noxious materials.

 

(iv)       Roads or driveways, except as permitted as corridor crossings by the Township.

 

(v)        Parking lots.

 

(vi)       Subsurface sewage disposal areas.

 

d.         Revegetation of Riparian Area.  In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing streamside vegetation.  Native vegetation approved by the Township must be used in replanting efforts.  Three (3) layers of vegetation are required when replanting the riparian corridor.  These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy.  The revegetation plan shall be prepared by a qualified professional such as a landscape architect or engineer and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission:

 

(i)         Ground Cover.  Ground cover consisting of a native seed mix extending a minimum of twenty-five (25) feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists.  Appropriate ground cover includes native herbs and forbs exclusive of noxious weeds  as defined by the Pennsylvania state Department of Agriculture.  This twenty-five (25) foot wide planted area shall be designated on the plan as a “no mow zone” and shall be left as natural cover except in accordance with the maintenance instructions stated on the plan.

 

(ii)        Trees and Shrubs.  These planting layers include trees that form an overhead canopy and understory shrubs.  Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir.  Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders.  These plants shall be planted in an informal manner clustered within Zone 1 of the riparian buffer as indicated in Subsection a. above.  These plants shall be provided at a rate of at least one (1) overstory tree and three (3) shrubs for every twenty (20) linear feet of waterway.

 

(iii)       Exceptions.  These planting requirements shall not apply to existing farm fields located within the riparian buffer or the farmland tract areas within an AP subdivision if farming operations are to be continued and the required state nutrient management plan is met.

 

Section 602      Site Capacity Calculations

 

Section 602.A. Site Capacity Calculations for the AP District

 

Each site is unique; it has physical features which are rarely duplicated precisely on another site.  Moreover, portions of some sites may not be usable due to the existence of sensitive natural features.  The purpose of this Section is to determine the appropriate intensity of use to which a specific site may be put.  The following calculations shall be prepared and submitted by the Applicant for the subdivision or land development of any site in the AP District.  Through these calculations, the gross and net buildable site areas, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces, the required Preserved Farmland Soils, and the required Resource Protection Area will be determined for a specific site.  In the event two (2) or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.

 

(1)        Base Site Area.  Certain portions of sites are not usable for the activities proposed for that site.  These areas shall be subtracted from the Site Area to determine the Base Site Area.

 

a.         Site Area as determined by an actual on-site survey.                       _____ acres

 

b.         Subtract land within the ultimate right-of-way of existing roads, within utility rights-of-way or easements, or which has been preserved through easement, deed restriction, or transfer of development

            rights.                                                                                            _____ acres

 

c.         Subtract land which is not contiguous, i.e.,

 

(i)         Land which does not abut or adjoin, abuts at a point with, abuts for a distance of less than fifty (50) feet with, or does not share common boundaries with, the rest of the site; and/or

 

(ii)        Land that is cut off from the rest of the site by anything that serves as a major barrier to common use, or isolates and makes this land unavailable for building purposes, such as a road, railroad, existing land use, major stream, or other body of water.                                                                                         _____ acres

 

d.         Subtract land which, in a previously approved subdivision or land development, was reserved or restricted for natural resource protection, open space, or recreation.                                                                                                     _____ acres

 

e.         Subtract land used or zoned for another use, i.e., land which is used or to be used for commercial or industrial uses in a residential development, or land in a different zoning district from the rest of the site.                                                       _____ acres

 

Base Site Area                                                                                       _____ acres

 

(2)        Calculation of the Protected Site Area

 

                                          Resource          Acres of Land      Resource Protection

Resource                    Protection Ratio      in Resource                    Land

Watercourse                           1.00         X       ________         =        _______ acres

Floodplain                              1.00         X       ________         =        _______ acres

Floodplain Soils                      1.00         X       ________         =        _______ acres

Wetlands                                1.00         X       ________         =        _______ acres

Lakes & Ponds                      1.00         X       ________         =        _______ acres

Riparian Buffer                       1.00         X       ________         =        _______ acres

 

Natural Resources with Total Protection                                        _______ acres

 

Protected Farmland Soils

Farm Sub.                        0.80         X         ______           =         ______ acres

Estate Sub.                       0.70         X         ______           =         ______ acres

Residential Sub.                0.60         X         ______           =         ______ acres

Non-Resid. Sub./Dev.      0.60         X         ______           =         ______ acres

Wetland Margin                      0.80         X         ______           =         ______ acres

Lake & Pond Shoreline          0.70         X         ______           =         ______ acres

Steep Slopes(25% or more)   0.30         X         ______           =         ______ acres

Steep Slopes(15 to 25%)       0.25         X         ______           =         ______ acres

Woodland – Environ.              0.50         X         ______           =         ______ acres

Woodland – Other                 0.25         X         ______           =         ______ acres

 

Natural Resources with Partial Protection                                      ______ acres

 

Protected Site Area                                                                           ______ acres

(Sum of Natural Resources with Total and Partial Protection)

 

(3)        Calculation of the Net Buildable Site Area (NSBA).

 

Base Site Area                                                                         ______ acres

Subtract Natural Resources with Total Protection                     ______ acres

Equals Net Buildable Site Area                                            ______ acres

 

(4)        Calculation of the Preserved Farmland Soils.

 

Farmland Soils (Class I, II, and III soils)                                   ______ acres

Subtract Natural Resources with a higher Protection Ratio overlapping with the Farmland Soils                                                           ______ acres

Multiply by Farmland Soils Preservation Ratio                            x       

Equals Preserved Farmland Soils                                         ______ acres

 

(5)        Determination of Buildable Area

 

Base Site Area                                                                         ______ acres

Minus Protected Site Area                                                       ______ acres

Equals Buildable Area                                                           ______ acres

 

(6)        Determine Maximum Number of Dwelling Units/Lots

 

Net Buildable Site Area (NBSA)                                              ______ acres

Multiple by Maximum Density                                                  ______ dus/acre

Equals Maximum Number of Units/Lots (do not round up)        ______ units/lots

 

(7)        Determine the Maximum Amount of Impervious Surface for Site

 

Base Site Area (BSA)                                                              _____ acres

Multiple by Maximum Site Impervious Surface Ratio                _____ percent

Equals Maximum Site Impervious Surface                          _____ acres

 

(8)        Site Capacity Summary

 

Base Site Area (Number 1)                                                    _____ acres

Protected Site Area (Number 2)                                            _____ acres

Net Buildable Site Area (Number 3)                                     _____ acres

Preserved Farmland Soils (Number 4)                                  _____ acres

Buildable Area (Number 5)                                                    _____ acres

Maximum Number of Units/Lots (Number 6)                       _____ units/lots

Maximum Site Impervious Surface (Number 7)                   _____ acres

 

Section 602.B.             Site Capacity Calculations for the R-3 District

 

Each site is unique; it has physical features which are rarely duplicated precisely on another site.  Portions of some sites may not be usable due to the existence of sensitive natural features.  The purpose of this Section is to determine the appropriate intensity of use to which a specific site may be put.  The following calculations shall be prepared and submitted by the Applicant for the subdivision or land development of any site in the R-3 District.  Through these calculations, the gross and net buildable site areas, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces, the required open space and recreation land, and the require Resource Protection Area will be determined for a specific site.  In the even two (2) or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.


(1)        Base Site Area.  Certain portions of sites are not usable for the activities proposed for that site.  These areas shall be subtracted from the Site Area to determine the Base Site Area.

 

a.         Site Area as determined by an actual on-site survey.                       _____ acres

 

b.         Subtract land within the ultimate right-of-way of existing roads, utility rights-of-way or easements, land which has been preserved through easement or transfer of development rights.                                                                                            _____ acres

 

c.         Subtract land which is not contiguous, i.e.,

 

(i)         Land which does not abut or adjoin, abuts at a point with, abuts for a distance of less than fifty (50) feet with, or does not share common boundaries with the rest of the site; and/or

 

(ii)        Land that is cut off from the main parcel by anything that serves as a major barrier to common use, or isolates and makes this land unavailable for building purposes, such as a road, railroad, existing land use, major stream, or other body of water.                                                                                         _____ acres

 

d.         Subtract land which, in a previously approved subdivision or land development, was reserved or restricted for natural resource protection, open space, or for recreation.                                                                                                     _____ acres

 

e.         Subtract land used or zoned for another use, i.e., land which is used or to be used for commercial or industrial uses in a residential development, or land in a different zoning district than the rest of the site.                                                       _____ acres

 

Base Site Area                                                                                       _____ acres

 

(2)        Calculation of the Protected Site Area

 

                                          Resource          Acres of Land      Resource Protection

Resource                    Protection Ratio      in Resource                    Land

Watercourse                           1.00         X       ________         =        _______ acres

Floodplain                              1.00         X       ________         =        _______ acres

Floodplain Soils                      1.00         X       ________         =        _______ acres

Wetlands                                1.00         X       ________         =        _______ acres

Lakes & Ponds                      1.00         X       ________         =        _______ acres

Riparian Buffer                       1.00         X       ________         =        _______ acres

 

Natural Resources with Total Protection                                        _______ acres


Wetland Margin                      0.80         X         ______           =         ______ acres

Lake & Pond Shoreline          0.70         X         ______           =         ______ acres

Steep Slopes(25% or more)   0.85         X         ______           =         ______ acres

Steep Slopes(15 to 25%)       0.70         X         ______           =         ______ acres

Woodland – Environ.              0.80         X         ______           =         ______ acres

Woodland – Other                 0.50         X         ______           =         ______ acres

 

Natural Resources with Partial Protection                                      ______ acres

 

Protected Site Area                                                                           ______ acres

(Sum of Natural Resources with Total and Partial Protection)

 

(3)        Calculation of the Net Buildable Site Area (NBSA)

 

Base Site Area                                                                         ______ acres

Subtract Natural Resources with Total Protection                     ______ acres

Equals Net Buildable Site Area                                            ______ acres

 

(4)        Calculation of Minimum Required Open Space

Base Site Area                                                                         ______ acres

Multiple by Minimum Open Space Ratio                                  ______ percent

Equals Minimum Open Space                                               ______ acres

 

(5)        Calculation of the Required Recreation Land

Base Site Area                                                                         _____ acres

Subtract Protected Site Area                                                   _____ acres

Equals                                                                                     _____ acres

Multiple by 0.2                                                     x  0.20

Equals Recreation Land                                                        _____ acres

 

(6)        Determination of Buildable Area

Base Site Area                                                                         _____ acres

Subtract Protected Site Area or Minimum Open Space            _____ acres

(whichever is greater)

Equals Buildable Area                                                           _____ acres

 

(7)        Determine Maximum Number of Dwelling Units/Lots

Net Buildable Site Area (NBSA)                                              ______ acres

Multiple by Maximum Density Factor                                       ______ dus/acre

Equals Maximum Number of Units/Lots (do not round up)        ______ units/lots


(8)        Determine the Maximum Amount of Impervious Surface for Site

 

Base Site Area (BSA)                                                              _____ acres

Multiple by Maximum Site Impervious Surface Ratio                _____ percent

Equals Maximum Site Impervious Surface                          _____ acres

 

(9)        Site Capacity Summary

 

Base Site Area (Number 1)                                                    _____ acres

Net Buildable Site Area (Number 3)                                     _____ acres

Required Open Space                                                            _____ acres

(Protected Site Area (No. 2) or Min. Open Space (No. 4), whichever is greater)

Recreation Land (Number 5)                                                 _____ acres

Buildable Area (Number 6)                                                    _____ acres

Maximum Number of Units/Lots (Number 7)                       _____ units/lots

Maximum Site Impervious Surface (Number 8)                   _____ acres

 

Section 602.C.             Site Capacity Calculations for the VR-1, VR-2, C-1, C-2 and I Districts

 

Each site is unique; it has physical features which are rarely duplicated precisely on another site.  Portions of some sites may not be usable due to the existence of sensitive natural features.  The purpose of this Section is to determine the appropriate intensity of use to which a specific site may be put.  The following calculations shall be prepared and submitted by the Applicant for the subdivision or land development of any site in the VR-1, VR-2, C-1, C-2, and I Districts.  Through these calculations, the gross and net buildable site areas, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces, the required open space and recreation lands, and the required Resource Protection Area will be determined for a specific site.  In the event two (2) or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.

 

(1)        Base Site Area.  Certain portions of sites are not usable for the activities proposed for that site.  These areas shall be subtracted from the Site Area to determine the Base Site Area.

 

a.         Site Area as determined by an actual on-site survey       _____ acres

 

b.         Subtract land within the ultimate right-of-way of existing roads, within utility rights-of-way or easements, or which has been preserved through easement, deed restriction, or transfer of development

            rights.                                                                           _____ acres

 

c.         Subtract land which is not contiguous, i.e.,

 

(i)         Land which does not abut or adjoin, abuts at a point with, abuts for a distance of less than fifty (50) feet with, or does not share common boundaries with, the rest of the site; and/or

 

(ii)        Land that is cut off from the rest of the site by anything that serves as a major barrier to common use, or isolates and makes this land unavailable for building purposes, such as a road, railroad, existing land use, major stream, or other body of water.

                                                                                                     _____ acres

 

d.         Subtract land which, in a previously approved subdivision or land development, was reserved or restricted for natural resource protection, open space, or recreation.                                                                                                     _____ acres

 

e.         Subtract land used or zoned for another use, i.e., land which is used or to be used for commercial or industrial uses in a residential development, or land in a different zoning district than the rest of the site.                                                       _____ acres

 

Base Site Area                                                                                        _____ acres

 

(2)        Calculation of the Protected Site Area

 

                                          Resource          Acres of Land                Resource Protection

Resource                    Protection Ratio      in Resource                               Land

Watercourse                           1.00         X       ________         =        _______ acres

Floodplain                              1.00         X       ________         =        _______ acres

Floodplain Soils                      1.00         X       ________         =        _______ acres

Wetlands                                1.00         X       ________         =        _______ acres

Lakes & Ponds                      1.00         X       ________         =        _______ acres

Riparian Buffer                       1.00         X       ________         =        _______ acres

 

Natural Resources with Total Protection                                        _______ acres

 

Wetland Margin                      0.80         X         ______           =         ______ acres

Lake & Pond Shoreline          0.70         X         ______           =         ______ acres

Steep Slopes(25% or more)   0.85         X         ______           =         ______ acres

Steep Slopes(15 to 25%)       0.70         X         ______           =         ______ acres

Woodland – Environ.              0.80         X         ______           =         ______ acres

Woodland – Other                 0.50         X         ______           =         ______ acres

 

Natural Resources with Partial Protection                                      ______ acres

 

Protected Site Area                                                                           ______ acres

(Sum of Natural Resources with Total and Partial Protection)


(3)        Calculation of the Net Buildable Site Area (NBSA)

 

Base Site Area                                                                         ______ acres

Subtract Natural Resources with Total Protection                     ______ acres

Equals Net Buildable Site Area                                            ______ acres

 

(4)        Determination of Buildable Area

 

Base Site Area                                                                         _____ acres

Subtract Protected Site Area                                                   _____ acres

Equals Buildable Area                                                           _____ acres

 

(5)        Determine the Maximum Amount of Impervious Surface for Site

 

Base Site Area (BSA)                                                              _____ acres

Multiple by Impervious Surface Ratio                                       _____ percent

Equals Maximum Site Impervious Surface                          _____ acres

 

(6)        Site Capacity Summary

 

Base Site Area (Number 1)                                                    _____ acres

Protected Site Area (Number 2)                                            _____ acres

Net Buildable Site Area (Number 3)                                     _____ acres

Buildable Area (Number 4)                                                    _____ acres

Maximum Site Impervious Surface (Number 5)                   _____ acres

 

Section 603      Buffer Yards

 

(1)        Buffering serves to soften the outline of buildings, to screen glare and noise and to create a visual and/or physical barrier between conflicting land uses.

 

                     Buffer yards are required between uses and along existing streets.  The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development.  The impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards.

 

                     To determine the required buffer yard and planting schedule, a three-step procedure shall be followed:

 

         Step 1     Site Analysis and Determination of Buffer Yard Class.

         Step 2     Selection of the Planting Option for the Buffer Class.

         Step 3     Selection of the Planting Materials from the Plant Materials List.

 

            Step 1    -   Site Analysis and Determination of Buffer Yard Class.

 

                     For each property boundary, the Applicant shall determine the adjacent land use or road classification.  Land use information shall be determined by an on-site survey and the Bedminster Township Comprehensive Plan shall be utilized to determine road classifications.  Table 1 below specifies the buffer yard class for each boundary.

 

                     The Applicant shall match his proposed land use with the corresponding adjacent land use or road classification for each property boundary.  The letter indicates the buffer yard class.

 

            Step 2   -    Selection of the Planting Option for the Buffer Class.

 

            After determining the buffer class, the Applicant shall select a Planting Option from Table 2. For each buffer class, several planting options are available, one of which the Applicant shall select to meet the buffer yard requirement for each boundary.  The Planning Commission may Consider an alterna­tive Planting Option which shall have a screening capability equal to or greater than any of the available options.

 

            Step 3   -    Selection of Plant Materials from the Plant Materials List.

 

            Each planting option may utilize any of the Plant Materials outlined in Table 3. Minimum Plant Size, given either in height or in caliper is indicated on this table.  The Planning Commission may permit other types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in Table 3. All planting material shall meet the standards of the American Association of Nurserymen.

 

          The Applicant shall not be required to provide a buffer yard should existing planting, topography, or man-made structures, be deemed acceptable for screening purposes by the Planning Commission or the Zoning Officer.

 

Table 1:            Determination of Buffer Yard Class

 

 

 

 

 

EXISTING

IMPROVEMENT

 

PROPOSED

IMPROVEMENT

Agricultural Use

Single-Family Dwelling

Singe-Family Cluster

Performance Subdivision

Institutional Use

Office Use

Retail & Personal Service

Utility

Industrial

Stormwater Management System

Arterial Highway

Major Collector Highway

Minor Collector Highway

Local Street

Agricultural Use

-

d

d

d

a

a

a

-

-

A

-

-

-

-

Single-Family Dwelling

A

-

a

b

a

c

c

c

c

B

B

b

A

A

Single-Family Cluster

A

A

A

B

A

C

C

C

C

B

B

B

A

A

performance Subdivision

A

B

B

B

A

C

C

C

C

C

B

B

A

A

Institutional Use

a

a

a

a

a

b

a

b

c

B

B

b

a

a

Office Use

a

a

c

c

a

-

a

b

b

B

A

a

a

a

Retail & Personal Service

a

b

c

c

a

a

a

b

b

B

A

a

a

a

Utility

-

b

b

c

b

b

b

-

-

-

B

b

b

b

Industrial

a

b

b

c

b

a

a

a

-

A

A

a

a

a

Arterial Highway

-

b

b

b

b

a

a

a

a

A

-

-

-

-

Major Collector Highway

-

a

a

b

b

a

a

a

a

A

-

-

-

-

Minor Collector Street

-

a

a

b

b

a

a

a

a

A

-

-

-

-

Local Street

-

a

a

a

a

a

a

 a

a

A

-

-

-

-

VR-1 District

a

-

a

b

a

c

c

c

c

A

B

b

a

a

VR-2 District

a

-

a

b

a

c

c

c

c

A

B

b

a

A


Table 2:         Planting Options

 

The options below indicate the amount of plant material that is required per linear foot of property line.  Unless stated below, plantings are not required to be aligned on property or right-of-way boundaries, but may be sited on any portion of the property for buffer purposes.  The Planning Commission may permit staggering or grouping of plant mater­ials if a satisfactory buffer is achieved.

                                                                                                                                                            ­­­     

Class             Option

                                                                                                                                                           

  A                (1)     1    canopy tree per 40  feet on R.O.W.1

25 feet                          boundary (roads only)

wide              (2)     1    canopy tree per 40 feet on property

                                    (land use only)

                                                                                                                                                           

  B                 (1)    1     canopy tree per 40 feet on boundary2

35 feet                 +1     flowering tree per 60 feet                      arranged

wide                    +1     evergreen per 60 feet                            on property

 

                     (2)    1     canopy tree per 40 feet arranged on property

                           +1     hedge on boundary2  (3 foot centers)

 

                     (3)    1     canopy tree per 40 feet                         arranged

                           +1     evergreen per 30 feet                            on property

                                                                                                                                                           

  C                (1)    1     evergreen per 30 feet arranged on property

45 feet                 +1     hedge on boundary2 (3 foot centers)

wide

                     (2)    1     evergreen per 25 feet

                           +1     berm averaging 4 feet

                                                                                                arranged

                     (3)    1     evergreen per 25 feet                            on property

                           +1     shrub "A" per 8 feet                              and boundary2

 

                     (4)    1     evergreen per 20 feet

                           +1     shrub "B" per 4 feet

                                                                                                                                                           

  D                (1)    1     hedgerow on lot line (3 foot centers)

25 feet           (2)    6' cedar or spruce fencing on lot line

wide

                                                                                                                                                           

1 R.O.W. - Right-of-way.

   2 Planting shall be located one (1) to five (5) feet inside the boundary line.


Table 3   Plant Materials List

 

A.        Canopy Trees (2and1/2 inch caliper minimum)

 

Acer ginnala - Amur Maple

Acer rubrum - Red Maple

Acer saccharum- Sugar Maple

Betula alba - European White Birch

Betula Lenta – Black/Sweet Birch

Betula Nigra – River Birch

Celtis Occidentalis – Common Hackberry

Fagus grandifolia - American Beech

Fagus sylvatica - European Beech

Fraxinus americana - White Ash

Fraxinus pennsylvania lanceolata - Green Ash

Ginkgo biloba - Ginkao (male only)

Gleditsia triacanthos inermis - Thornless Honey Locust

Juglans Nigra – Black Walnut

Liquidamber styraciflua - Sweet Gum

Liriodendran tupilifera - Tulip Tree

Phellondendron amurense - Amur Cork Tree

Plantanus acerifolia - London Plane Tree

Plantanus Occidentalis – Sycamore/Buttonwood

Quercus alba - White Oak

Quercus borealis - Red Oak

Quercus coccinea - Scarlet Oak

Quercus palustris - Pin Oak

Quercus phellos - Willow Oak

Robina psuedoacacia inermis - Thornless Black Locust

Sophora jabonica - Japanese Pagodatree

Tilia-Linden - all species hardy to the area

Zelkova serrata - Japanese Zelkova

 

B.         Flowering Trees

                                                                                                                                Minimum

Amelanchier canadensis - Shadblow Serviceberry                                             5 feet

Cornus florida - Flowering Dogwood                                                                5 feet   

Cornus kousa - Kousa Dogwood                                                                     5 feet   

Cornus mas - Cornelian Cherry                                                             5 feet

Crataegus phaenopyrum - Washington Hawtorn                                                5 feet   

Koelreuteria paniculata - Golden Rain Tree                                                       8 feet

Laburnum vossi - Goldenchain                                                              8 feet   

Magnolia soulangeana  - Saucer Magnolia                                                         5 feet   

Magnblia virginiana - Sweetbay                                                             5 feet

Malus baccata - Siberian Crab                                                              8 feet   

Malus floribunda - Japanese Flowering Crab                                                     8 feet

Malus hopa - Hopa Red-Flowering Crab                                                          8 feet

Oxydendrum arboreum - Sourwood                                                                 5 feet

Prunus kwanzan - Kwanzan Cherry                                                                  8 feet

Prunus yedoensis - Yoshino Cherry                                                                   8 feet

 

C.        Evergreens  (4 feet minimum)

 

Juniperus Virginiana – Eastern Red Cedar

Ilex opaca - American Holly

Picea abies - Norway Spruce

Picea omorika - Serbian Spruce

Picea pungens - Colorado Spruce

Pinus nigra - Austrian Pine

Pseudotsuga menziesi - Douglas Fir

Tsuga canadensis - Canada Hemlock

 

D.        Hedge

                                                                                                                                 Minimum

Crataegus intricata - Thicket Hawthorn                                                 3 feet

Forsythia intemedia - Border Forsythia                                                  4 feet

Rhamnus franaula columnaris - Tallhedge Buckthorn                              3 feet

Syrinca chinensis - Chinese Lilac                                                                       3 feet

Syrinca vulgaris - Common Lilac                                                                       4 feet

Viburnum alatus - Viburnum                                                                              4 feet

 

E.         Hedgerow

                                                                                                                                 Minimum

Crataegus crusgalli - Cockspur Thorn                                                   3 feet

Crataegus phaenopyrum - Washington Hawthorn                                              2 feet

Elaeagnus angustifolia - Russian Olive                                                    4 feet

Euonymus alatus - Winged Euonymus                                                   3 feet 

Viburnum sieboldi - Siebold Viburnum                                                  4 feet

Viburnum tomentosum - Doublefile Viburnum                                        4 feet

 

F.         Shrubs

 

            a.

Juniperus virginiana - Upright Juniper                                                     4 feet

Phracantha Lalandi - Laland Firethorn                                                   5 feet

Taxus capitata - Upright Yew                                                                     2 and 1/2 feet

Taxus Hicksi - Hicks Yew                                                                          2 and 1/2 feet

Thuja occidentalis - American Arborvitae                                                          4 feet

 

            b.

Euonymus alatus - Upright Juniper                                                                     3 feet

Hamamelis vernalis - Vernal Witch Hazel                                                          4 feet

Hamamelis virginiana - Common Witch Hazel                                        4 feet

Ilex verticillata - Winterberry                                                                             4 feet

Rhamnus frangula - Glossy Buckthorn                                                   4 feet

Viburnum dentatum - Arrowood Viburnum                                                       4 feet

Viburnum lantana - Viburnum                                                                4 feet

 

            (2)        General Requirements

 

Existing Buffer.  All existing deciduous and coniferous trees larger than three (3) inches in caliper and/or eight (8) feet in height may be considered to contribute to the definition of an existing buffer.  If the amount of existing plant material that size or greater equals any size of the above planting requirements for reducing buffer yard sizes, the equivalent reduction may be taken without additional plant material being required.  In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to insure adequate sight distance.  Any removal shall, where feasible, involve relocation rather than clearing.

 

a.         The buffer yard may overlap the required front, side, or rear yards and in case                           of conflict, the larger yard requirements shall apply.

 

b.         All buffer yards shall be maintained and kept clear of all debris, rubbish,                                     weeds and tall grass.

 

c.         No structure, manufacturing or processing or storage of materials shall be                                  permitted in the buffer yard; however, parking of passenger automobiles shall                             be permitted in  the portion of the buffer yard exclusive of the exterior thirty                                     (30) foot width.

 

d.         Plant Materials

 

                                    (i)         Minimum size:   deciduous                     1and 1/2 inches caliper

                                                                                    flowering                      1and1/2 inches caliper

                        coniferous                     6 feet in height

                        shrub                            3 feet in height

 

                                    (ii)        Plant materials shall be permanently maintained; and any plant                                   material which does not live shall be replaced within one (1) year.

 

                                    (iii)       Planting design - It is encouraged that plant materials in buffer yards                                                       be planted in natural clusters that will give privacy but do not block                                                        views or vistas.  The exception­ shall be commercial or industrial uses                                                     bordering residential uses.  Here a dense, visual screen is encouraged.          


                        e.      Residential Uses

 

(i)         The width of a buffer yard may be averaged in a proposed residential development if the varied buffer yard will achieve a more appropriate screen for the existing adjoining uses. The minimum width determined may be varied with the maximum variation being forty percent (40%).  Buffer yards may only be averaged within the same buffer yard classification.

 

(ii)        Where open space is required, the buffer yard may be included in the open space only if the buffer yard is two (2) times the width of the required buffer yard and has a recreation trail constructed within it, in accordance with the Township’s Subdivision and Land Development Ordinance.

 

(a)        A row of trees shall be planted between the recreation trail and any dwellings adjacent to the double-width buffer.  This row of trees shall be in addition to the required plantings of the buffer yard.  These trees shall be located five (5) feet from the edge of the buffer yard and planted thirty (30) to forty (40) feet apart.  The trees shall comply with the list of Canopy Trees under Table 3A of this Section.

 

(b)        The recreation trail may meander through the buffer yard, but in no case shall the trail be closer than ten (10) feet from either edge of the buffer yard.

 

(c)        The required buffer yard treatment must be located in the exterior portion of the buffer yard.

 

                        f.          Prior to the issuance of any Zoning Permit, complete plans showing the                                                  arrangement of all buffer yards, the placement, species and size of all plant                                             materials, and the placement, size and materials and type of all fences to be                                   placed in such buffer yard shall be reviewed by the Zoning Officer, to                                            ascertain that the plans are in conformance with the terms of this Ordinance.

 

Section 604    Noise

 

            (1)        Purpose

 

            The purpose of this Section is to protect the citizens of the Township from noise disturbances. Although it is recognized that in present society certain amounts of noise are unavoidable, the citizens of the Township are entitled to be protected from unnecessary disturbance, annoyance, or injury from sound.


            (2)        Inspection and Testing

 

            Upon presentation of appropriate credentials, the Zoning Officer or other duly appointed official, may enter and inspect any private property or place for purposes of testing for violations of these sound performance standards or to locate the source of any noise disturbance. When permission is refused, the aforesaid official may obtain a search warrant from a court of competent jurisdiction upon a showing of probable cause that a violation of this Ordinance exists.  All tests shall be con­ducted by a sound level meter which is accepted in the trade as being of average quality and sensitivity.  The meter shall be at least the quality of an ANSI Sl.4-1971 Type 2 sound level meter.

 

(3)     Impulsive Sound

 

            No sound shall be permitted for a duration more than five (5) seconds or more than two (2) incidents within a twenty-four (24) hour period which is above the level of 110 dBA at any real property boundary upon which the source of the sound is located.

 

(4)     Noise Disturbance

 

            No noise disturbance shall be created or allowed to continue by any person, persons, firms, partnership, or corporation.

 

(5)     Noise Sensitive Zones

 

            The property upon which any hospital, school, nursery, rehabilitation center, sanitarium nursery, home, convalescent home, or home or the aged is located shall be designated as a "Noise Sensitive Zone". The measure of the dBA level at the boundary 1ine of any such "Noise Sensitive Zone" shall comply with the general sound standards as set forth in this Section except all dBA ratings shall be lowered by a factor of 15 dBA for computation purposes.

 

(6)        General Sound Standards

 

            All sound sources, including nonconforming uses shall comply with the general sound standard  for the district in which it is located unless covered specifically by another Section herein.

                                                           

                                                                        dBA Rating Limit                 

                                                                           from 7 A.M.              from 10 P.M.

                     Zoning District                                 to 10 P.M.                              to 7 A.M.

 

                     AP and Villages                                    60                                            50

                     R-3                                                      70                                            60

                     Industrial                                              75                                            65

                     Commercial                                          75                                            65

 

All measurements shall be taken at any Real Property Boundary of the sound source.

 

(7)        Specific Prohibitions

 

            The following acts and the causes thereof, are declared to be in violation of this Ordinance.

 

a.         Operating, playing, or permitting the operation or playing of any radio,                                       television,  phonograph, sound amplifier, musical instrument, or other such                                  device between the  hours of 10 p.m. and 10 a.m., in such a manner as to                                         create a noise dis­turbance across a real property line or within a Noise                                      Sensitive Zone.

 

b.         Owning, possessing, or harboring any animal which frequently or for any                                    continued duration howls, barks, or makes any other sound so as to create a                             noise disturbance across any real property boundary or within a Noise                                          Sensitive Zone.

 

c.         Performing any construction operation or operating or permitting the                                          operation of any tools or equipment used in construction, drilling or                                            demolition work between the hours of 6 p.m. and 8 a.m., or at any time on                                  weekends if such operation creates a noise disturbance across a real property                                 boundary line or within a Noise Sensitive Zone. This Section does not apply                                  to domestic power tools or to vehicles which are designed for transportation                              use on public highways.

 

d.         Repairing, rebuilding, modifying, testing or operating motor vehicle,                                            motorcycle, recreational vehicle or powered model vehicle in such a manner                              as to cause a noise disturbance across a real property boundary or within a                                     Noise Sensitive Zone.  This Section shall not apply to operation on public                              highways of any vehicle in a normal manner.

 

e.         Operating or permitting the operation of any mechanically powered saw, drill,                            sander, grinder, lawn or garden tool, snowblower or similar device (used out-                            doors) between the hours of 9 p.m. and 8 a.m., so as to cause a noise                                             disturbance across any non-industrial real property boundary or within a Noise                             Sensitive Zone.

 

            (8)        Exceptions and Variances

 

a.         The provisions of this Ordinance shall not apply to the emission of sound for                              the purpose of alerting persons to the existence of an emergency, the emission                                 of sound  in the per­formance of municipal service operations or activities.

 

b.         The Bedminster Township Zoning Hearing Board is empowered to hold                                    public hearings and to grant variance from the terms of this Ordinance.                                       (Pursuant to the procedure established in Article XI). A variance shall be                                    granted only if the Applicant can establish:

 

                                    (i)         The source of the sound violation cannot be controlled so as to be                              brought into conformance with this Ordinance by any reasonable                                      method.

 

                                    (ii)        The property in question cannot be used without the source of noise                         violation, or that the source of noise violation is necessary to prevent a                              taking of the property without compensation.

 

                                    (iii)       All reasonable steps have been taken to reduce the noise violation to                             the lowest level possible.

 

c.         The Board shall have the power to grant a variance for a limited period of                                  time not less than two (2) years to assure that the Applicant will avail himself                                     of any technical advances in sound control which may be developed in the                                        future.

 

d.         The Board shall have the power to grant a reason­able extension of time for                                            compliance with this Ordinance, if after public hearing, the Applicant can                                    establish that he will comply with this Ordinance but that he cannot do so                                          within the time limit  established by this Ordinance.

 

Section 605      Vibration

 

(1)        Vibration shall be measured at or beyond any adjacent lot line or Residential District line as indicated in Table 1 below and such measurements shall not exceed the particle veloci­ties so designated, The instrument used for those measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions.

 

            (2)        The maximum vibration is given as Particle Velocity (P.V.), which may be measured directly with suitable instrumenta­tion or computed on the basis of Displacement d. and Frequency f..  When computed, the following formula shall be used:

 

                        P.V.     =         6.28 F x D

                        P.V.     =         Particle velocity, inches per second

                        F          =         Vibration frequency, cycles per second

                        D         =         Single amplitude displacement of the vibration, inches

 

            (3)        The maximum particle velocity shall be the vector sum of the three (3) individual components recorded. Such particle velocity shall not exceed the values given in Table 1.


TABLE 1

Maximum Ground Transmitted Vibration

Particle Velocity in Inches/Second

 

                                                             Adjacent Lot Line                                      Adjacent Lot Line

            District                                     Other Than Residential                    Residential District

            AP, R-3,

            VR-1 & VR-2                                     0.10                                                          0.02

 

            Industrial &

            Commercial                                          0.20                                                          0.02

 

            Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of one hundred (100) per minute, then the values in Table 1 may be multiplied by two (2).

 

Section 606   Air Pollution

 

(1)        No use shall emit or cause to allow to be emitted or permit to escape into the oven air contaminant of a quantity which will violate any provision of this Ordinance.

 

(2)        No use shall operate or maintain or permit to be operated or maintained any equipment, installation, or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prohibited here­in, unless the owner shall install and maintain in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quantity or of a quality that will violate any provision of this Ordinance.

 

(3)        No use shall cause, allow, permit, kindle, ignite or maintain any bonfire, junk fire, refuse fire, open fire, salvage operations fire, or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.

 

(4)        No use shall emit or cause to be emitted or permit or escape into the open air from any combustion unit or incinerator smoke with a shade darker than No. 1 of the Ringelmann Chart, except smoke of a shade equal to but not darker than No. 2 of the Ringelmann Chart may be emitted for a period or periods aggregating four (4) minutes in any eight (8) hour period.

 

            (5)        No individual firm or corporation shall permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of one-tenth (0.1) grains per cubic foot of gas at standard conditions corrected to twelve percent (12%) carbon dioxide (CO2), except as designated under specific contaminants.

 

            (6)        Specific Contaminants

 

a.         Fugitive Emissions - As required by Section 123.1 and 123.2, Chapter 123,                              Article III, Sub-Part 1, Title 25 of the Rules and Regulations of the                                            Pennsylvania Department of  Environ­mental Protection, as revised 27 January                                    1972, or as may be revised.

 

                        b.         Particulate Matter Emissions - As required by Section 123.11,123.12 and                                 123.13, Chapter 123, Article 111, Sub-Part C, Part 1, Title 23 of the Rules and                                   Regulations of the Pennsylvania Department of Environmental Protection, as                                     revised 27 January 1972, or as may be revised.

 

                        c.         Sulfur Compound Emissions - As required by Section 123.21, 123.22 and                                123.23; Chapter 123,Article III, Sub-Part C, Part 1, Title 25 of the Rules-and                          Regulations of  the Pennsylvania Department of Environmental Protection, as                                  revised 27 January 1972, or as may be revised.

 

Section 607      Toxic or Noxious Matter

 

(1)        Water-Borne

 

No substance which can contaminate a stream or water­course or otherwise render such stream or watercourse undesirable as a source of water supply or reaction, or which can destroy aquatic life shall be allowed to enter any stream or watercourse.  Nor shall any such substance or waste be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces.

 

(2)        Airborne

 

                        a.         The Ambient Air Quality Standards for the Commonwealth of Pennsylvania                               shall be the guide to the release of airborne toxic materials across lot lines.                             where toxic materials are not listed in the Ambient Air Quality Standards of                                     the Commonwealth of Pennsylvania, the release of such materials shall be in                               accordance with the fractional qualities permitted below, of those toxic                                      materials currently listed in the Threshold Limit Values adopted by the                                        American Conference of Governmental Industrial Hygienists. Unless                                              otherwise stated, the measurement of toxic matter shall be at ground level or                                   habitable elevation, and shall be the average of any twenty-four (24) hour                                       sampling period.

 

                        b.         In the Industrial District, the release of airborne toxic matter shall not exceed                              one-thirtieth (1/30) of the Threshold Limit Value beyond the district boundary                                   line.

 

Section 608      Odors

 

There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial opera­tion is situated, Any process which may involve the creation or emission of any odors shall be provided with a secondary safe­guard system, in order that control will be maintained if the primary safeguard system should fail.

 

(1)        Odor Thresholds shall be measured in accordance with ASTM dl39-57 (or latest revision) "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)".

 

(2)        Industrial District

 

            In the Industrial District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at either ground level or at forty (40) feet from ground level.

 

Section 609      Fire and Explosion Hazards

 

(1)        The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than one hundred eighty-seven degrees Fahrenheit (187oF), but not less than one hundred twenty degrees Fahrenheit (120oF), is permitted, subject to compliance with all other performance standards for the district.

 

(2)        The storage, utilization, or manufacture of materials or products ranging from free or active burning, as determined for liquids by a closed cup flash point of less than one hundred eighty-seven degrees Fahrenheit (187oF) but not less than one hundred twenty degrees Fahrenheit (120oF), is permitted, subject to compliance with all other performance standards for the district, and provided the following conditions are met:

 

                        a.         Said materials or products shall be stored, utilized, or produced within                                       completely enclosed buildings or structures having incombustible exterior                                   walls.

 

                        b.         All such buildings or structures shall be set back at least seventy-five (75) feet                            from  side or rear lot lines and one hundred fifty (150) feet from the front lot                            line, and shall be protected throughout by an automatic sprinkler system                                          complying with the current installation standards prescribed by the National                                Fire Protection Association or, if the materials, goods, or products are liquids,                          the protection thereof shall be in conformity with current standards prescribed                            by the National Fire Protection Association.

 

(3)        The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as deter­mined for liquids by a closed cup flash point of less than one hundred twenty degrees Fahrenheit (120oF) shall be prohibited without special permit from the Township Engineer issuance of such permit shall be guided by, but not limited to, the following criteria:

 

                        a.         The final manufactured product shall not itself have a closed cup flash point                                of  less than one hundred eighty seven degrees Fahrenheit (187oF).


                        b.         The use of such material shall be in conformity with the current standards                                               prescribed by the National Fire Protection Association, and the requirements                 of  other Ordinances of the Township.

 

Section 610      Storage

 

The storage of more than ten thousand (10,000) gallons of materials or products having a closed cup flash point greater than one hundred twenty degrees Fahrenheit (120oF), including storage of finished products in the original sealed container, is prohibited.  Bulk storage of more than five hundred (500) gallons must be in underground facilities designed to meet the current standards prescribed by the National Fire Protection Association and the requirements of the other Ordinances of the Township.

 

Section 611      Heat and Glare Control

 

(1)        Heat.  No use shall carry on an operation that would produce an increase in ambient air temperature of more than two degrees Fahrenheit (2oF) at the property line of the lot on which the use is situated.

 

            (2)        Glare.  No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated.  Glare shall be defined as direct or indirect light from such activities of greater than five-tenths (0.5) foot-candle at habitable levels.

 

Section 612      Water Quality

 

No use shall withdraw water from any creek, stream or tributaries without filing for and obtaining permission from the Delaware River Basin Commission, other than for emergencies, such as "fire pond" use, to supplement emergency vehicle or hydrant pressures and flow.  Further, discharges to those streams shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection shall set more stringent requirements they shall apply.  In all cases, permits shall be obtained from the Pennsylvania Department of Environmental Protection.

 

            (1)        The heat content of discharges shall be limited to an amount that could not raise the temperature at the point of discharge five degrees Fahrenheit (5oF) above ambient temperature or to a maximum of eighty-seven degrees Fahrenheit (87oF), whichever is less; nor change the temperature by more than two degrees Fahrenheit (2oF) during any one (1) hour period, assuming complete mixing.

 

            (2)        Quality of Discharge.  The minimum quality of discharge into any stream, watercourse or Waters of the Commonwealth shall be determined by the requirements of the Pennsylvania Department of Environmental Protection (DEP). No use shall discharge any metal oil, suspended matter or other elements expressly prohibited by the DEP.


Section 613      Specific Floodplain Definitions

 

Unless specifically defined below, or in the general definition section of this Ordinance, or as new phrases shall be interpreted so as to give the Ordinance its most reasonable application, the following are definitions which specifically apply to the Floodplain Performance Standards.

 

(1)        Completely Dry Space.  Space which will remain totally dry during flooding; the structure is designated and constructed to prevent the passage of water and water vapor.

 

(2)        Construction. The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.

 

(3)        Development.  Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

 

(4)        Essentially Dry Space.  A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

 

            (5)        Flood.  A temporary inundation of normally dry land areas.

 

(6)        Floodplain.  A relatively flat or low land area which is subject to partially or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

 

(7)        Floodproofing.  Means any combination of structural and non-structural additions, changes, or adjustments to struc­tures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

 

(8)        Identified Floodplain Area.  The floodplain area specifically identified in this Ordinance as being inundated by the 100-year flood. Included would be areas identified as Floodway, Flood-Fringe and General Floodplain.

 

(9)        Land Development.  Any of the following activities:

 

a.         The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:

 

(i)         A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

 

(ii)        The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

 

b.        A subdivision of land.

 

 (10)     Manufactured/Mobile Home.  A structure, transportable in one (1) or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities.  The term includes park trailers, travel trailers, mobile homes, recreational and other similar vehicles which are placed on  a site for more than one hundred eighty (180) consecutive days.

 

(11)      Manufactured/Mobile Home Park.  A parcel of land under single ownership, which has been planned and improved for the placement of two (2) or more manufactured homes for non-transient use.

 

(12)      Minor Repair.  The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs including addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping electri­cal wiring or mechanical or other work affecting public health or general safety.

 

(13)      Obstruction.  Any wall, dam, wharf, embankment, levee, dike, pipe abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse, or floodprone area, a. which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or b. which is placed where the flow of the water might carry the same downstream to the damage of life and property.

 

(14)      One-Hundred Year Flood.  A flood that, on the average, is likely to occur once every one hundred (100) years (i.e., that has one percent (1%) chance of occurring each year, although the flood may occur in any year).

 

(15)      Regulatory Flood Elevation.  The 100-year flood elevation plus a freeboard safety factor of one and one-half (1.5) feet.

 

(16)      Manufactured Home.  A structure, transportable in one (1) or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities.  The term includes park trailers, travel trailers, mobile homes, recreational and other similar vehicles which are placed on a site for more than one hundred eighty (180) consecutive days.


(17)      Manufactured Home Park.  A parcel of land under single ownership, which has been planned and improved for the placement of two (2) or more manufactured homes for non-transient use.

 

(18)      Basement.  Any area of the building having its floor below ground level on all sides.

 

(19)      Historic Structure.  Any structure that is:

 

a.         Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

 

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

 

c.         Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.

 

d.         Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

 

(i)         By an approved state program as determined by the Secretary of the Interior; or

 

(ii)        Directly by the Secretary of the Interior in states without approved programs.

 

(20)      Lowest Floor.  The lowest floor of the lowest fully enclosed area (including basement).  An unfinished, flood resistant, partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Ordinance.

 

(21)      Substantial Damage.  Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed twenty-five percent (25%) or more of the market value of the structure before the damage occurred.

 

(22)      Substantial Improvement.  Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure before the “start of construction” of the improvement.  This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.  The term does not, however, include either of the following:


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

 

b.         Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

 

Section 614      Description of Floodplain Areas

 

For the purposes of this Ordinance, the areas considered to be floodplain within the Township shall be those areas identified as being subject to the 100-year flood in the Flood Insurance Study prepared for the Township by the Federal Insurance Administration dated September 3, 2003, or the most recent revision thereof.  A map showing all areas considered to be subject to the 100-year flood is available for inspection at the Township offices.  The identified floodplain area shall consist of the following specific areas:

 

(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.

 

In lieu of the above, the municipality may require the Applicant to determine the elevation with hydrologic and hydraulic engineering techniques.  Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts.  Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by Bedminster Township.

 

(4)        Any new construction, development, uses, or activities allowed within any identified floodplain area, shall be undertaken in strict compliance with the provisions contained in this Ordinance and any other applicable codes, ordinances and regulations.  The Township shall require copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law.


Section 615      Development in the Floodplain

 

(1)        There shall be no development within the designated floodplain areas and all such lands shall remain as permanent open space, except that roads may cross the floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, and the appropriate provisions of this Ordinance are met.  Alterations of structures currently existing in the designated floodplain area shall be limited to twenty-five percent (25%) of the fair market value of the structure.  Manufactured homes, and alteration of manufactured homes shall not be permitted within the designated floodplain areas.

 

(2)        Prior to the issuance of any building permit, the Building Permit Officer shall review the application for the Permit to determine if all other necessary government permits required by State and Federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, the Pennsylvania Dam Safety and Encroachments Act, the Pennsylvania Clean Streams Act, and the U. S. Clean Water Act. No permit shall be issued until this determination has been made.

 

Section 616      Changes in Floodplain Areas Delineation's

 

(1)        No encroachment, alteration, or improvement of any kind shall be made to any water course until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands.

 

(2)        The areas considered to be floodplain may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need or possibility for such revision.

 

(3)        No modification or revision of any floodplain area identified in the Flood Insurance Study prepared by the Federal Insurance Administration shall be made without prior approval from the Federal Insurance Administration."

 

(4)        In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.

 

Section 617      Disputes

 

Should a dispute arise concerning the identification of any floodplain area, an initial determination shall be made by the Planning Commission and any party aggrieved by such decision may appeal to the Board of Supervisors.  The burden of proof shall be on the appellant.

 


Section 618      Design and Construction Standards

 

(1)        Drainage.  Storm drainage facilities shall be designed to convey the flow of storm water run-off in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings.  The system shall also be designed to prevent the discharge or excess run-off onto adjacent properties.

 

            (2)     Fill.  If fill is used, it shall:

 

a.         Extend laterally at least fifteen (15) feet beyond the building line from all             points.

 

b.         Consist of soil or small rock materials only. Sanitary landfills shall not be                        permitted.

 

c.         Be compacted to provide the necessary permeability and resistance to erosion,              scouring or settling.

 

d.         Be no steeper than one (1) vertical to two (2) horizontal, unless substantiated                 data, justifying steeper slopes are submitted to, and approved by the Building             Permit Officer.

 

e.         Be used to the extent to which it does not adversely affect adjacent properties.

 

(3)        Utilities.  All utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of  impairment during a flood.

 

                        All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and infiltration of flood waters, Sanitary sewer facilities shall be designed to prevent the discharge of untreated sewage into flood waters.

 

                        No part of any on-site sewage system shall be located within any identified floodplain.

 

(4)        Streets.  The finished elevation of all new streets shall be no more than one (1) foot below the Regulatory Flood Elevation.

 

(5)        Storage.  No materials that can float, that are explosive, or that are toxic to humans, animals, or vegetation shall be stored in the floodplain.

 

           


(6)     Anchoring.

 

                        a.         All buildings and structures shall be firmly anchored in accordance with                                      accepted engineering practices to prevent flotation, collapse, or lateral                                       movement.

 

                        b.         All air ducts, large pipes, storage tanks, and other similar objects or                               components located below the Regulatory Flood Elevation shall be securely                          anchored or fixed to prevent flotation.

 

Section 619      Existing Structures in Identified Floodplain Areas

 

(1)        Any new construction development, use, activity or encroachment within the floodway that would cause any increase in the 100-year flood heights shall be prohibited; if there is no elevation or increase in flood heights, the following requirements shall apply throughout the entire floodplain area:

 

a.         Any modification, alteration, reconstruction or improvement of any kind to an existing  structure, to an extent or amount of twenty-five percent (25%) or more of its market value shall constitute a sub­stantial improvement and shall be undertaken  only in full  compliance with the provisions of this Ordinance.

 

b.         Any modification, alteration, reconstruction or improvement of any kind to an existing  structure, to an extent or amount of less than twenty-five percent (25%) of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

 

c.         Within any floodway, flood fringe, or general floodplain area, the lowest floor (including basement), of any sub­stantially improved residential structure shall be at least one and one-half (1.5) feet above the 100-year flood elevation.

 

d.         Within any floodway, flood fringe, or general floodplain area, the lowest floor (including basement) of any sub­stantially improved nonresidential structure shall be at least one and one-half (1.5) feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain completely or essentially dry during any flood up to that height. Any sub­stantially improved nonresidential structure shall be at least one and one-half (1.5) feet above the 100-year flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain completely or essentially dry during any flood up to that height.  All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.

 

e.         Any structure, or part thereof, which will not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry in accordance with the standards contained within the publication entitled "Flood Proofing Regulations" (U.S. Army Corps of Engineers, June, 1972, as amended March, 1992), or some other equivalent standards, for that time of con­struction.

 

f.1.       Fully enclosed space below the lowest floor is prohibited.

 

f.2.       Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access or incidental storage in an area other than a basement, shall be designed and constructed to allow for automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls.  The term “partially enclosed space” also includes crawl spaces.  Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

 

(i)         A minimum of two (1) openings having a net total area of not less than one (1) square inch for every square foot of enclosed space.

 

(ii)        The bottom of all openings shall be no higher than one (1) foot above grade.

 

(iii)       Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

 

Section 620      Variance Procedures and Requirements for the Floodplain District

 

Requests for variances shall be considered by the Township in accordance with the general variance procedures set forth in Article XI of this Ordinance, and in accordance with the following:

 

(1)        No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the 100-flood elevation.

 

            (2)        Whenever a variance is granted, the Township shall notify the Applicant in writing that:

 

                        a.         The granting of the variance may result in increased premium rates for flood                               insurance.

 

                        b.         Such variances may increase the risks to life and property.

 

(3)        In reviewing any request for a variance, the Zoning Hearing Board shall consider that the failure to grant the variance would result in exceptional hardships to the Applicant; and that the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulation, or local ordinance or regulation.

 

(4)        A complete record of all variance requests and related action shall be maintained by the Zoning Hearing Board.  In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

 

(5)        Plans of all proposed buildings, structures and other improvements, drawn at a suitable scale, shall be provided to the Township, showing the following:

 

a.         The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.

 

b.         The elevation of the 100-year flood.

 

c.         If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood.

 

d.         Detailed information concerning any proposed flood-proofing measures.

 

(6)        If granted, a variance shall involve only the least modification necessary to provide relief.

 

(7)        Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.

 

OPEN SPACE IN RESIDENTIAL DEVELOPMENTS

 

Section 621      General Open Space

 

Single-Family Detached Cluster Subdivision (Use B2), Performance Standard Development (Use B3), Elderly Housing (Use B4), and Mobile Home Park (Use B5) shall meet the open space requirements of this Ordinance and the R-3 Zoning District.

 

Section 622      Layout of Open Space in Residential Districts

 

            The open space shall be laid out in accordance with the best principles of site design.  It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces.  Major recrea­tion areas shall be located to serve all residents.  The open space is most needed in areas of highest density.  The intent is to provide open areas as close to as many individual units as possible.


Section 623      Open Space Designation

 

            All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in categories (1), (2), (3), (4) or (5) below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided".  All subdivision plans shall further designate the use of open space, the type of main­tenance to be provided, and a planting plan or schedule.  In designating use and maintenance, the following classes may be used:

 

(1)        Lawn.  A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance.

 

(2)        Natural Area.  An area of natural vegetation undis­turbed during construction, or replanted.  Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed infested.  Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy.  Litter, dead trees and brush shall be removed, and streams shall he kept in free-flowing condition.

 

(3)        Recreation Area.  An area designated for specific recreation use, including but not limited to tennis, swimming, shuffle board, playfield, and tot lot.  Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.

 

(4)        Agricultural Area.  An area designated for family vegetable plots or to be leased or sold for an agricultural use.

 

(5)        Stormwater Management Area.  An area designed to manage stormwater runoff from the developed portion of a lot or project through design of various drainage facilities meeting the performance requirements of Section 516 of the Bedminster Subdivision and Land Development Ordinance, as amended.  No portion of any stormwater management area may be included in the required open space unless Best Management Practices (BMPs) are provided for stormwater control as defined in the “Pennsylvania Handbook of Best Management Practices for Developing Areas” (Pennsylvania Association of Conservation Districts, Inc., 1998).  Required stormwater management areas may be included in the required open space for a development only if the proposed stormwater facilities meet two (2) or more of the four (4) primary benefits of BMPs as set forth in the above handbook.  The four (4) benefits of BMPs are protection of water quality, sediment control, groundwater recharge, and runoff peak attenuation.  Stormwater areas may be included in the required open space of a proposed development only if the proposed stormwater facilities meet the standards and requirements of the Handbook for BMPs, as follows:

 

a.         One-third (1/3) of the required stormwater management area may be included in the required open space only if the proposed stormwater facilities provide two (2) BMP benefits as defined by the Handbook.

 

b.         Two-thirds (2/3) of the required stormwater management area may be included in the required open space only if the proposed stormwater facilities provide three (3) BMP benefits as defined by the Handbook.

 

c.         The entire stormwater management area may be included in the required open space only if the proposed stormwater facilities provide four (4) BMP benefits as defined by the Handbook.

 

Section 624      Open Space Performance Bond

 

Designated planting and recreation facilities within the open space areas shall be provided by the developer. A perfor­mance bond or other securities may be required to cover costs of installation in accordance with provisions of the Subdivision Ordinance.

 

Section 625      Ownership and Preservation of Open Space

 

(1)        Any of the following methods may be used to preserve, own, or maintain open space subject to the specific requirements with each of the various methods:

 

a.         Condominium.  Open space land and associated facilities may be held in common through the use of condominium agreements approved by the Board of Supervisors.  Such agreements shall be in conformance with the Uniform Condominium Act, 68 Pa.C.S.A. 3101, et seq., and/or the Uniform Planned Community Act, 68 Pa.C.S.A. 5101, et seq., as amended.  All common open space shall be held as “common elements” or “limited common elements”.  Draft condominium agreements shall be submitted with the final subdivision and land development plans and application.  These draft agreements shall be reviewed in conjunction with the final plans and must be approved prior to the release of any record plans for recording.

 

b.         Homeowners Association.  The restricted open space land and associated facilities may be held in common ownership through the use of homeowners association agreements approved by the Board of Supervisors.  Draft homeowners association agreements shall be submitted with the final subdivision and land development plans and application.  These draft agreements shall be reviewed in conjunction with the final plans and must be approved prior to the release of any record plans for recording.  The homeowners association shall be formed and operated under the following provisions:

 

(i)         The developer shall provide a description of the homeowners association including its by-laws and methods for maintaining the open space, and the developer shall comply with the Uniform Planned Community Act, 68 Pa.C.S.A., 5101, et seq., as amended.

 

(ii)        The homeowners association shall be organized by the developer and operated with financial subsidization by the developer before the sale of any lots within the development.

 

(iii)       Membership in the homeowners association is mandatory for all purchasers of homes and their successors.  The conditions and timing of transferring control of the homeowners association from developer to homeowners shall be identified.

 

(iv)       The homeowners association shall be responsible for maintenance and insurance on common open space land enforceable by liens placed by the homeowners association. Maintenance obligations may be enforced by the township which may place liens to recover its costs.

 

(v)        The members of the homeowners association shall share equitably the costs of maintaining such open space land, including the maintenance of any pedestrian/bicycle trails and recreation facilities or equipment, such as tot lots, tennis courts, basketball courts, baseball diamonds, etc.  Shares shall be defined within the homeowners association by-laws and association dues shall be structured to provide for both annual operating costs and long range costs relating to the repair of any capital facilities.

 

c.         Fee-Simple Dedication  The Township may, but shall not be required to,      accept any portion or portions of the open space provided:

 

(i)         Such land shall be freely accessible to the public.

 

(ii)        There shall be no costs of acquisition to the Township and developer shall provide title insurance.

 

(iii)       Township agrees to and has access to maintain such lands.

 

(iv)       Open space shall be in an acceptable condition to the Township at the time of transfer.

 

d.         Dedication of Easements.  The Township, County or other qualified conservation organization may accept, but shall not be required to accept, easements to any portion or portions of the open space.  In such cases, the land remains in the ownership of the individual, condominium, or homeowners association while the easements are held in public ownership.  The County shall accept the easements only in accordance with the provisions of Act 442 and County plans.  The Township may accept such easements as it sees fit.  In either case, there shall be no cost to County or Township for acquisition or maintenance.  The Township may require this method where it seems this the most appropriate way of preserving land in open space.  In Single-Family Detached Clusters, Performance Standard Subdivisions, Elderly Housing, and Mobile Home Parks, this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.


e.         Transfer to a Private Conservation Organization.  With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements to a private, non-profit organization, among whose purposes is to conserve open space land and/or natural resources provided that:

 

(i)         The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.

 

(ii)        The conveyance contains appropriate provision for proper reverter or re-transfer in event that the organization becomes unwilling or unable to continue carrying out its functions.

 

(iii)       A maintenance agreement acceptable to the Township is entered into by the owner and the organization.

 

                        f.          Deed Restrictions

 

(i)         Buffer yards, as required by this Ordinance, may be held in the ownership of the individual property owners of residential            developments. This form of owner­ship of open space will be subject to the following requirements:

 

      [1]        This form of ownership will be limited to buffer  yards.

 

      [2]        It may be used only if approved by the Township.

 

      [3]        Restrictions, meeting Township specifications, must be placed in the deed for each property that has buffer within its boundaries, These restric­tions shall provide for the continuation of the buffer yard in accordance with the provisions of this Ordinance.

 

      [4]        It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.

 

(ii)        For non-residential uses buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance.

 

(iii)       In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided.

 

(iv)       For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.

 

(v)        Deed restricted open space shall be prohibited from further subdivision or development by written document in a form acceptable to the Township and recorded in the Office of the Bucks County Recorder of Deeds.  All such restrictions shall run in favor of the Township and the owners of all new lots created by the developer under the application.

 

(2)        Maintenance of Open Space – Penalties

 

a.         In the event that any individual, corporation, association, or any successor organization or person shall, at any time after the establishment of a development containing open space land, fail to maintain such land in reasonable order and condition in accordance with the Open Space Management Plan required by the Township’s Subdivision and Land Development Ordinance, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the open space land in reasonable condition.

 

b.         Failure to adequately maintain the open space land in reasonable order and condition constitutes a violation of this Ordinance.  The Board of Supervisors is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within twenty (20) days.

 

c.         If the open space is not properly maintained, the Township may assume maintenance and charge the property owner, association or corporation all bills covering maintenance costs, administrative costs, legal/engineering costs at the current Township rates.  Should any bill or bills for maintenance of open space land by the Township be unpaid by November 1st of each year, a late fee of fifteen percent (15%) shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.

 

(3)        Open space lands may be leased to any other qualified person or corporation for operation and maintenance of such lands, but such lease agreement shall provide:

 

a.         That the residents of the development shall at all times have access to the open space lands, except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow.

 

b.         Open space land to be leased shall be maintained for the purposes set forth in this Ordinance.

 

c.         Open space facilities may be for the benefit of the residents only, or may be open to the residents of the township at the election of the owner of the land.

 

d.         All leases shall be subject to the approval of the Board of Supervisors and any transfer or assignment of the lease shall be further subject to approval of the Board.

 

Section 626      Ownership and Preservation of Protected Site Area

 

(1)        In certain subdivisions and land developments of sites in the AP and R-3 Zoning Districts, a portion of the site is designated the Protected Site Area.  Under these circumstances, the approved subdivision/land development plan shall contain the following statement:  “The Protected Site Area shall not be subdivided nor shall it be developed or have buildings erected on it, except as provided for in the Bedminster Township Zoning Ordinance, as amended.”

 

(2)        In those instances where the Protected Site Area contains natural resources, the area of the resources is subject to the requirements of Article VI of this Ordinance.

 

(3)        Any of the following ownership arrangements may be used for the Protected Site Area.

 

a.         Fee-simple dedication.  The Township may, but shall not be required to, accept any portion or portions of the Protected Site Area.

 

b.         Transfer to a Private Conservation Organization.  With the approval of the Board of Supervisors, an owner may transfer the fee simple title of the Protected Site Area, with appropriate deed restrictions running in favor of the Township, to a private, non-profit organization.  The transfer to a private conservation organization shall be subject to the following provisions:

 

(i)         The organization is a bona fide conservation organization with perpetual existence.

 

(ii)        The conveyance contains appropriate provision for reverter or re-transfer in event that the organization becomes unwilling or unable to continue carrying its functions.

 

(iii)       Any farmland preservation tract within the Protected Site Area shall continue to be available for agricultural activities.

 

(iv)       The form and language of any deed restriction must be approved by the Township.

 

c.         Private Ownership With Restrictions.  With the approval of the Board of Supervisors, the Protected Site Area may be owned by a private individual or entity, so long as the appropriate deed restrictions running in favor of the Township are recorded and an easement conserving the Protected Site Area is granted to a private, non-profit organization.  This option shall be subject to the following provisions:

 

(i)         The organization accepting the easement is a bona fide conservation organization with perpetual existence.

 

(ii)        The easement contains appropriate provision for reverter or re-transfer in event that the organization becomes unwilling or unable to continue carrying its functions.

 

(iii)       Any farmland preservation tract within the Protected Site Area shall continue to be available for agricultural activities.

 

(iv)       The form and language of any deed restriction and/or easement must be approved by the Township.

 

d.         Homeowners Association.  The Protected Site Area may be held in common ownership by a homeowners association.  The association shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, as well as the Uniform Planned Communities Act.  This option shall be subject to the following:

 

(i)         The declaration and/or other documents including, but limited to the association’s bylaws, establishing the association and its rules and regulations shall contain provisions to ensure the following:

 

[1]        That the Protected Site Area be preserved in perpetuity.

 

[2]        That the Protected Site Area cannot be subdivided, developed, built upon, or otherwise harmed or altered.

 

[3]        That the Protected Site Area shall not be sold or otherwise transferred.

 

[4]        That the Protected Site Area is only used for agricultural and/or passive recreation purposes.

 

[5]        That the Protected Site Area is not used for residential, commercial, or active recreational purposes, including, but not limited to lawn, yard refuse disposal, parking, and playing fields.

 

[6]        That the provisions in these documents concerning the Protected Site Area, it use, and its preservation, shall not be amended or otherwise abrogated without the express written approval of the Board of Supervisors.

 

(ii)        Any farmland preservation tract within the Protected Site Area shall continue to be available for agricultural activities.

 

(iii)       The Protected Site Area shall be protected by appropriate deed restrictions running in favor of the Township.

 

(iv)       The form and language of the deed restriction, declaration, bylaws, and any other pertinent document must be approved by the Township.

 


ARTICLE VII            PARKING STANDARDS AND OFF-STREET LOADING

 

Section 700      Reserved

 

Section 701      General Regulations Applying to Required Off-Street Parking Facilities

 

Parking areas with a capacity of three (3) or more vehicles shall comply with the following standards.  These standards shall apply to all uses permitted by the Ordinance.

 

(1)        Standards.  All parking facilities built under the provisions of this Ordinance shall be subject to the design standards of Article V of the Bedminster Township Subdivision Ordinance.

 

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

 

(3)        Change in Requirements.  Whenever there is an altera­tion of a structure or a change or extension of a use which increases the parking requirements according to the standards of Section 703, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that Section.

 

(4)        Conflict With Other Uses.  No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

 

(5)        Continuing Character of Obligation.  All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that by reason of diminution in floor area, seating area, the number of employees, or change in factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article.  Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve.  Such facilities shall be designed and used in such a manner as to at no time consti­tute a nuisance, a hazard, or an unreasonable impediment to traffic.

 

            (6)        Joint Use.  Two (2) or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually.  However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.

 

(7)        Location of Parking Spaces.  Required off-street park­ing spaces shall be on the same lot or premises with the princi­pal use served; or, where this requirement cannot be met, within three hundred (300) feet of the same lot.


(8)        Maintenance of Parking Areas.  For parking areas of three (3) or more vehicles, the area not landscaped and so main­tained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satis­faction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property.  All off-street parking spaces shall be marked so as to indicate their location.  Failure to keep parking areas in satisfactory condition, i.e., free from holes, clearly delineated, or properly graded shall be considered a violation of this Ordinance.

 

Section 702      Reduction of Non-Residential Parking Requirements

 

In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of non-residential uses, the Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:

 

(1)        The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this Ordinance. The plan shall also illustrate the layout for the total number of parking spaces.

 

(2)        The conditional reduction shall provide for the estab­lishment of not less than eighty percent (80%) of the required number of parking spaces, as specified in this Ordinance.  This initial phase of the parking provisions shall be clearly indi­cated on the plan.

 

(3)        The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance.  This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required.  The developer shall provide a landscaping plan for the reserved area with the land development plan.

 

            (4)        The developer shall enter into a written agreement with the Board of Supervisors that, after one (1) year following the is­suing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are nec­essary to satisfy the need of the particular land development.

 

(5)        Land which has been determined and designated by the Board of Supervisors to remain as open space rather than as re­quired parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.

 

Section 703      Off-Street Loading

 

            Off-street loading requirements as specified below shall be provided on any lot on which a building exceeding six thousand (6,000) square feet of gross floor area for business or industry is hereafter erected.

 

(1)        Every department store, freight terminal or railroad yard, hospital, retail establishment, storage warehouse, or wholesale establishment, sanitarium, industrial plant or manu­facturing establishment exceeding six thousand (6,000) square feet shall have at least one (1) off-street loading space. Where there is an aggregate gross floor area of twenty thousand (20,000) square feet or more arranged, intended or designed for such use, there shall be provided off-street truck loading or unloading berths in accordance with the following table:

 

Square Feet of Aggregate Gross                                   Required Number

Floor Area  Devoted to Each Use                                       of Berths        

 

30,000      up to       44,999                                                   1

  6,000     up to      19,999                                                   1

20,000      up to       79,999                                                   2

80,000      up to     127,999                                                   3

128,000       up to     191,999                                                   4

192,000      up to     255,999                                                   5

256,000       up to     319,999                                                   6

320,000       up to     391,999                                                   7

         For each additional

         72,000 square feet                                               1 additional berth

 

            (2)        Every auditorium, convention hall, exhibition hall, funeral home, office building, restaurant, hotel, sports arena or institution exceeding six thousand (6,000) square feet shall have at least one (1) off-street loading space. Where there is an aggregate gross floor area of thirty thousand (30,000) square feet or more arranged, intended or designed for such use, there shall be provided off-street truck loading and unloading berths in accordance with the following table:

 

Square Feet of Aggregate Gross                                   Required Number

Floor Area  Devoted to Each Use                                        of Berths        

 

30,000      up to      44,999                                                    1

45,000      up to    119,999                                                    2

20,000      up to    197,999                                                    3         

198,000       up to    290,999                                                    4

291,000       up to    389,999                                                    5

390,000       up to    488,999                                                    6

489,000       up to    587,999                                                    7

588,000       up to    689,999                                                    8

For each additional                                              1 additional berth

105,000 square feet

 

(3)        All off-street loading facilities, subject to this Section, shall be subject to the Design Standards of Article V of the Subdivision and Land Development Ordinance.

 


ARTICLE VIII          SIGNS

 

Section 800      Scope and Applicability

 

In all zoning districts, signs may be erected, altered, maintained, used, removed or moved, only when in compliance with the provisions of this Article and any other applicable Ordinance, regulations or provisions of this Ordinance.

 

Section 801      Definitions

 

(1)        Sign.  A sign is hereby defined as any billboard signboard, or other advertising device with the purpose in mind of drawing attention to the product, service, premises, business, residence, location, event, organization or notice described thereon.

 

(2)        Area of a Sign

 

a.         The area of a sign shall be constructed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed (but not including any supporting framework and bracing incidental to the display itself).

 

b.         Where the sign consists of individual letters or symbols attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.

 

c.         In computing square foot area of a double-face sign, only one (1) side shall be considered, provided both faces are identical. If the interior angle formed by the two (2) faces of the double-faced sign is greater than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sign area.

 

d.         The size of any sign shall be computed by multi­plying its greatest height by its greatest length exclusive of supporting structures, unless the supporting structure is illu­minated or is in the form of a symbol or contains advertising copy.  In the case of signs that have no definable edges, such as raised letters attached to a building facade, the sign shall be that area within a single, continuous perimeter enclosing the extreme limits of the actual message or copy area.

 

(3)        Location of Signs

 

a.         On-Premises Sign.  A sign which directs attention to a person, business, profession, home occupation, or activity conducted on the same lot.

 

b.         Off-Premises Sign.  A sign which directs attention to a person, business, profession, home occupation, or activity not conducted on the same lot.

 

c.         Window Sign.  A temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles, and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.

 

(4)     Types of Signs

 

a.         Freestanding Sign.  A sign supported by means of poles or stands either on the ground or an the roof of a building.  The height of a freestanding sign shall be measured from curb level.

 

b.         Parallel Sign.  A sign mounted parallel to a wall or other vertical building surface. A parallel sign shall not extend beyond the edge of any wall or other surface to which their are mounted and shall not project more than fourteen (14) inches from the surface.

 

c.         Projecting Sign.  A sign mounted to a wall or other vertical building surface other than a parallel sign.  Projecting signs shall be at least eight (8) feet above ground level immediately below and shall not in any way interfere with normal pedestrian or vehicular traffic.

 

Section 802      Signs in the AP, VR-1, VR-2 and R-3 Districts

 

            In the AP, VR-1, VR-2, and R-3 Districts, the following types of signs and no others shall be allowed for uses permitted in each district as indicated in Section 406 of the Table of Use Regulations.

 

(1)        Official highway route number signs, street name signs, and other official traffic signs may be erected and maintained in the interest of public safety or for the regu­lation of traffic.

 

(2)        Temporary signs advertising the sale or rental of premises upon which said sign has been erected, or signs indicating that said premises has been sold or rented, provided that:

 

a.         Such signs shall be erected only on the premises to which they relate.

 

b.         The area on one side of any such sign shall not exceed twelve (12) square feet.

 

c.         No more than one (1) such sign shall be placed an any property held in single and separate ownership, unless such property fronts on more than one (1) public street, in which event, one (1) such sign may be erected on each street frontage.

 

d.         Such sign shall be removed property within forty-five (45) days after an agreement of sale or rental has been entered into, whether there are any conditions in the agreement or not, or removed within twenty (20) days from the date of occupancy, whichever is the lesser period of time.

 

(3)        Identification signs for schools, churches, hospitals, or similar institutions and for clubs, lodges, farms, estates or similar uses, provided that:

 

                        a.         The size of any such sign shall not exceed twenty (20) square feet.

 

b.         Not more than one (1) such sign is placed on any premises held in single and separate ownership unless such property fronts upon more than one (1) street, in which event one (1) such sign may be erected on each street frontage.

 

                        c.         Said signs may only be located on the premises that they identify.

 

            (4)        Temporary signs advertising political parties or candidates or issues for election may be erected and maintained, provided that:

 

                        a.         The size of any such sign is not in excess of sixteen (16) square feet per side.

 

b.         The erector of such signs or an authorized agent of the political party or candidate applies for and obtains a permit from the Township Zoning Officer and makes a deposit with the Township at the time of application of a sum, to be set at a certain amount from time to tine by resolution of the Board of Supervisors, to insure that all such signs shall be removed promptly within twenty (20) days after the date of the election to which the signs relate, if such signs are not removed at the end of the twenty (20) day period, the Township will then have them removed and forfeit the sum deposited to reimburse the expense incurred in removal.  The deposit shall be returned upon the satisfactory removal of such signs within the twenty (20) day period.  A separate permit must be obtained for each election, i.e., primary and general, and no sign erected for the primary election shall be permitted to remain until after the general election.  No sign shall be erected more than thirty (30) days prior to an election.  The deposit amounts required to be paid herein are in addition to the permit fee.

 

(5)        All signs of a temporary nature, such as those advertising civil, social or political gatherings, and fund­raising activities-may be erected and maintained, provided that:

 

                        a.         The size of any such sign is not in excess of sixteen (16) square feet per side.

b.         The erector of such signs or those responsible for or benefiting by the erection shall first apply for and obtain a permit from the Township Zoning Officer, and make a deposit with the Township at the time of application of a sum to be set at a certain amount from time to time by resolution of the Board of Supervisors to insure that all such signs shall be removed promptly within twenty (20) days after the event to which signs relate, if such signs are not removed at the end of the twenty (20) day period, the Township will then have them removed and forfeit the sum deposited to reimburse the expenses incurred in removal. The deposit shall be returned upon the satisfactory removal of such signs within the twenty (20) day period.  No such temporary sign may be displayed for a period or periods exceeding a total of forty-five (45) days in any one (1) Pennsylvania Municipalities Planning Code  calendar year, unless authorized by the Board of Supervisors for a longer period of time. The deposit amounts required to be paid herein are in addition to the permit fee.

 

(6)        Trespassing signs or signs indicating the private nature of a road, driveway, or premises, and signs prohibiting or otherwise controlling the fishing and hunting upon a particular premises may be erected and maintained providing that the size of any such sign shall not exceed two (2) square feet per side.

 

(7)        Professional, home occupation, or name signs indicating the profession and/or activity and/or the name of the occupant of the dwelling, provided that:

 

                        a.         The size of such sign shall not exceed three (3) square feet per side.

 

b.         Not more than one (1) such sign shall be erected for each permitted use or dwelling unit.

 

c.         Any such sign shall be erected only on the premises wherein the professional use or home occupation is located.

 

(8)        Signs of mechanics, contractors and artisans may be erected and maintained during the period such persons are per­forming work on the premises on which such signs are erected, provided that:

 

                        a.         The size of any such sign shall not exceed six (6) square feet.

 

b.         Not more than one (1) sign for each such mechanic, contractor or artisan shall be placed on any one (1) property on which such person is performing work unless such property fronts upon more than one (1) street, in which event, each mechanic, contract or artisan may erect one (1) such sign on each street frontage.

 

c.         Such signs shall be removed promptly upon completion of work by the mechanic, contractor or artisan.

 

(9)        Directional, informational or public service signs such as signs advertising the availability of restrooms, telephone or similar facilities of public convenience, and signs advertising meeting times and places of non-profit service or charitable clubs and organizations, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services and any such sign shall not exceed three (3) square feet per side in size.

 

(10)      One (1) non-illuminated or indirectly illuminated sign at the principal access street or access drive to a resi­dential development or complex indicating the name of such area or complex, and in the case of a rental complex, the name of the owner or management organization, subject to the following requirements:

 

                        a.         The size of any such sign shall not exceed twenty (20) square feet.

 

b.         Such sign may be located on lands of the rental complex or on common open lands provided all other setback or location restrictions are observed.

 

(11)      Temporary signs advertising the sale of agricultural or horticultural products where such sale is a permitted use.  Such signs shall not exceed twenty (20) square feet and shall be removed immediately upon the end of the sales season.

 

Section 803      Signs in the C-1, C-2 and I Districts

 

In the C-1, C-2 and I Districts the following types of signs, and no others, shall be allowed for uses permitted in each district as indicated in Section 406 , Table of Use Regulations.

 

            (1)        Any sign erected and maintained in accordance with the provisions of Section 802     provided the use to which it refers is permitted in the C-1, C-2 and I Districts.

 

            (2)        Signs advertising a business, industry, or other permitted use, when located on the site where such use is conducted, may be erected and maintained within the following limitations or restrictions.  Square footage computation will be ascertained by reference to the entire area of the sign including incidental decorative trim and the framework.  For freestanding signs only, the area measure of each sign shall include all separate components, which shall not exceed three (3) in number.  For projecting or freestanding double-faced signs, only one (1) display face shall be measured in computing total sign area where the sign faces are parallel or where the interior angle formed by the faces is no more than forty-five (45) degrees.

 

            (3)        Signs shall meet the following construction criteria:

 

a.         Freestanding Signs.   Either (i.) or (ii.) below shall apply but not both (i) and (ii).

 

(i)         Not more than one (1) such sign shall be erected on any one (1) premises under single and separate ownership, or on the premises leased or utilized by any one (1) business estab­lishment; the total area of such sign shall not exceed fifty (50) square feet per side, with the maximum height to top of sign not to exceed twenty (20) feet from ground level; or

 

(ii)       Not more than two (2) such signs, with each supported by separate poles or standards, shall be erected on any one (1) premises under single and separate ownership, or on the premises leased or utilized by any one (1) business establishment; the total area of such signs shall not exceed forty (40) square feet per side for one (1) such sign, and twenty (20) square feet per side for the second sign, with the maximum height to top of sign not to exceed twenty (20) feet from ground level.

 

b.         Building Signs.  The total number of building signs under (i) and (ii) below shall in no event exceed one (1) per building, unless such building fronts upon more than one (1) street, in which event one (1) such sign may be erected on each street frontage.

 

(i)         Signs which are part of the architectural design of such building shall       be exempt from size requirements, except that such signs shall be            restricted to an area not more than fifteen percent (15%) of the wall   area, including windows and doors, of the wall upon which such sign       is affixed or attached and such signs shall not protrude above the           structural wall of which it is a part.  Where the sign consists of                       individual letters or symbols  attached to a building, wall or window,        the area of such sign shall be considered to be that of the smallest         rectangle or other regular geometric shape which encompasses all of      the letters and symbols.

 

(ii)        Any projecting sign mounted to a wall or other vertical building              surface and which projects at right angles from the facade, shall not      project more than five (5) feet from the wall or surface to which it is       mounted, and shall not exceed eight (8) square feet in size.  Where          such projecting sign is mounted to the structure, it shall not exceed         twelve (12) square feet in extent.

 

(iii)       A single building sign, which shall be no more than fifty (50) square  feet in extent where mounted flush on the structure, or where a           building or structure fronts on, more than one (1) street, two (2)         building signs, which shall be no more than forty (40) square feet for one (1) and twenty (20) square feet for the second where mounted flush on separate walls, may be erected in place of any freestanding signs,  only where such freestanding signs are permitted by this Ordinance.  No freestanding sign or signs shall be erected on the premises where building signs are erected in conformity with this Subsection.

 

            (4)        Signs for permitted office parks may be erected and maintained provided that:

 

a.         Such signs are located on the premises where such use is conducted, or in the process of development, and shall only identify the name of the shopping center, office park or industrial park and the names of the various businesses or firms within the shopping center, office park or industrial park.  No more than twenty percent (20%) of the sign area may encompass the name of the shopping center, office park or industrial park.

 

b.         Not more than one (1) such sign shall be placed on any property held in single and separate ownership, unless such premises fronts upon more than one (1) street, in which event one (1) such sign may be erected on each street frontage.

 

c.         The size of any such sign shall not exceed sixty (60) square feet per side, with the maximum height to top of sign not to exceed twenty (20) feet from ground level.

 

d.         Building signs for individual uses shall be permitted on the structure, Such signs shall be limited to the store name and shall conform to the size requirements set forth in Section (3) b.  Freestanding signs for individual uses are prohibited.

 

(5)        Directional signs of three (3) square feet or less are permitted for traffic control purposes, provided such signs do not contain advertising copy.

 

            (6)        Exterior temporary signs, including all movable signs such as those advertising commercial sale when located on the site where such use is conducted, may be permitted for a period not to exceed thirty (30) days in any one (1) calendar year for any one (1) premises or commercial use.

 

                        a.         The size of any temporary sign may not exceed twenty (20) square feet.

 

b.         Application for a temporary sign permit shall be made to the Township accompanied by the required permit fee and deposit.  If such signs are not promptly removed at the end of the authorized period, the Township will then have them removed and forfeit the sum deposited to reimburse the expense incurred in removal.

 

(7)        If an establishment does not have street frontage or if the place of business is not visible to passersby on the adjacent street, then that business shall have the right to construct an additional sign not exceeding four (4) square feet at the street line entrance to the property.

Section 804      General Sign Regulations

            General sign regulations shall apply as follows:

 

(1)        Location and Placement of Signs

 

a.         Obstruction.  No sign shall be placed in such a position that it will cause danger to traffic on a street or entering a street by obscuring the view, or which hides from view or interferes with the effectiveness of an official traffic control device.

 

b.         Location.  All parts of any sign, except for official traffic and street signs, shall observe the placement requirements established herein.

 

(i)         In no case shall any sign be erected or main­tained within fifteen (15) feet of the edge of the cartway or curb or be located within, or project over, the legal right-of-way of any existing or proposed street or road, whichever is greater.  Home occupation, or name signs, as described in Section 802 (7), shall be exempt from this provision.

 

(ii)        No sign shall be erected or maintained within a distance of twenty (20)      feet from the side line of a lot.

 

(iii)       No sign shall be erected or maintained within fifty (50) feet of the              intersection of any streetlines or the intersection of a streetline and the       edge of a private accessway, unless the location of the sign is situated at least eight (8) feet above the level of the street centerline.

 

(iv)       No sign shall be erected and maintained within a parking space or fire         lane.

 

c.         Code Requirements.  All signs over two (2) square feet in size, other than those permitted within the street right­-of-way shall be considered as structures and shall conform to the provisions of this Ordinance, the Township Building Code, and any other Ordinance regulations of the Township.

 

                        d.         Prohibited Signs.  The following signs are unlawful and prohibited:

 

(i)         No signs shall be of a flashing, rotating or revolving type, with the              exception of barberpoles.

 

(ii)        Novelty signs, including but not limited to objects (i.e., tires,              automobiles, food products, etc.) pennants, banners, balloons,            bulletin boards and animated signs shall not be permitted.

 

(iii)       Roof signs are not permitted.

 

(iv)       Any sign suspended between poles and lighted by a series of lights is           prohibited.

 

(v)        Any permanent sign erected on a tree or utility pole, or painted or      drawn on a rock or other natural feature is prohibited.

 

(vi)       Any banner sign or sign of any other type across a public street or on any private property is prohibited, except for such signs which are      approved by the Board of Super­visors to be of general benefit to the   municipality or for public convenience, necessity, or welfare.

 

(vii)      Any sign suspended between poles which is either a pennant which    blows in the wind or a spinner which spins in the wind is prohibited.

 

(viii)      Any sign is prohibited which does not conform to the requirements of the Ordinance which was in effect when the sign was erected.

 

(ix)       No sign may exceed twenty (20) feet in height.

 

(x)        Signs are prohibited which in any way simulate official, functional,             directional, or warning signs maintained by the United States             government, the Commonwealth of Pennsylvania and county or         municipality thereof, or by any railroad or public utility or similar      agency concerned with the protection of public health or safety.

 

(xi)       No sign shall be erected on which information is stated or implied that a property may be used for any purpose not permitted under the          provisions of this Ordinance in the zoning district in which the           property to which the sign relates is located.

 

(xii)      No signs, except those of a duly consti­tuted governmental body,          including traffic signs and similar regulatory notices, shall be allowed within street lines unless specifically authorized by other Ordinances  and regulations of the Township and in compliance with                    Commonwealth of Pennsylvania  regulations.

 

(xiii)      Any vehicle to which a sign is affixed in such a manner that the         carrying of such sign or signs is no longer incidental to the vehicle's   primary purpose, but becomes a primary purpose in itself, is               prohibited.

 

(xiv)     No audible signs.

 

e.         Illuminated Signs.  Any illuminated sign, whether illuminated from within or by an exterior light, shall be subject to the following requirements:

 

(i)         No illuminated sign facing an occupied dwelling unit within any        district shall be permitted within two hundred (200) feet of such         occupied dwelling.

 

(ii)        Illuminated signs with any form of exposed neon or other tubes are             prohibited.

 

(iii)       No red, green or yellow illuminated sign shall be permitted within     three hundred (300) feet of an intersection.

 

f.          All permanent signs shall be  professionally lettered and neatly displayed.

 

Section 805      Construction and Maintenance

 

(1)        All signs must be constructed of durable materials and must be kept in good condition and repair at all times.  To the extent applicable, Building Code requirements shall be met.

 

            (2)        No sign shall be illuminated by other than electrical means.  All electrical wiring related to signs shall be contained in rigid conduits or enclosed poles or raceways.  All electrical sign components, connections and installations shall conform to specifications of the National Electrical Code and Underwriter's Laboratories.  Every electrical sign must bear the seal of the Underwriters' Laboratories prior to installation and before issuance of a permit by the Building Inspector.  The number of the U.L. label assigned to the subject sign must be provided by the constructor of the sign.  It shall be illegal to install any electrical sign without the U.L. label permanently affixed thereon.  This provision shall apply to both permanent and temporary electric signs.

 

(3)        Detailed plans showing supporting structural members and foundations must be submitted to the Building Inspector's office for approval before issuance of a permit.  The seal of a registered engineer shall be required on all plans in any instance when the Building Inspector or the Township Engineer deem the approval of a registered engineer necessary to public safety.

 

Section 806      Removal of Abandonment

 

            (1)        The owner of any property or premises upon which any sign is erected shall be responsible for its complete removal at such time as the circumstances which caused its erection have ceased to exist, or at such other time that the sign must be removed under any other provision of this Ordinance. If the owner of any property upon which a sign has been erected shall fail or neglect to remove it as hereinabove required, the Zoning Officer shall give notice by certified mail to the owner.  If this letter is returned undelivered, for any reason, he may post such notice upon the premises. If, upon the expiration of thirty (30) days following notice, the owner fails to remove the sign, the Zoning Officer shall arrange for its removal on behalf of the Township, at the expense of the property owner, and the Township shall bill the owner for the cost of such work plus ten percent (10%) for administrative cost. If such bill remains unpaid after the expiration of thirty (30) days, the Township Solicitor shall take the necessary steps to collect the same.  Failure of the property owner to remove such sign after the notice hereinabove provided, shall constitute a violation of the terms of this Ordinance, and each day's continuation of such failure shall constitute a separate violation.

 

(2)        If the owner of any sign in violation is not the owner of the premises on which it is situated, the identical notices specified above may be issued to him in like manner, and such owner of the sign shall be required to take such steps to comply with the notice or notices issued to him as though he were the owner of the property or premises on which the sign is located; if such owner of the sign fails to comply, such failure shall constitute a violation of the terms of this Ordinance.  Such owner of the sign shall be liable to the same extent as the owner of the property of premises on which the sign is located.

 

Section 807      Unsafe and Unlawful Signs

 

If the Township finds that any sign regulated herein is unsafe or insecure or is a menace to the public or has been constructed, erected, or maintained in violation of the pro­visions of this Ordinance, he shall give notice in the same manner as in Section 806 (l) above, to the party to whom the permit was issued to erect the sign or to the owner of the premises where the sign is located, or to the owner of the sign or to any combination of them.  If the parties notified fail to remove or alter the sign to comply with the standards herein set forth within ten (10) days after notice, such sign may be removed or altered by the Township at the expense of each and every person notified.  The expenses of removal or alteration shall be computed and  paid for by the parties notified in the same manner as in  Section 806 (l) above, and the same sanctions shall apply.  The Building Inspector may cause any sign or other advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.

 

Section 808      Non-Conforming Signs

 

Any sign existing and lawful at the time of the passage of this Ordinance that does not conform in use, location, height or size with the regulations of the district in which the sign is located, shall be considered a non-conforming use and may continue in such use in its present location until replacement or rebuilding becomes necessary, at which time a zoning permit shall be required and the sign must be brought into conformity with this Ordinance.  If the sign is a part of a greater non-conforming use of the property, any such sign may be maintained, modernized or replaced without increasing its size, provided that such sign was legally erected prior to the adoption of this Ordinance.  If the non-conforming use of the property is changed to another non-conforming use or to a permitted use, such sign shall be brought into conformity with the require­ments of this Ordinance.

 

Section 809      Administration

 

            (1)        Zoning Permits.  A zoning permit shall be secured prior to the erection, structural repair, alteration and relo­cation of any sign within the Township.  The changing of movable parts of an approved sign that is designed for such changes, or the repainting or reposting of display matter shall not be deemed an alteration, provided the conditions of the original approval are not violated. For purposes of obtaining, a zoning permit, the Applicant shall make application in writing and shall submit plot plan, sketch of design and lettering, and construction plans, including loads, stresses, anchorage and any other pertinent engineering data to the Zoning Officer.  The plot plan shall indicate all existing structures, including signs.  The applica­tion shall contain all necessary facts with respect to signs already existing on the property.

 

a.         Any erection, construction, reconstruction, alter­ation or moving of any sign, poster or advertising structure shall be commenced within one (1) year after the date of issuance of the zoning permit.  If not, the permit shall be considered null and void.

 

b.         Signs described in Section 802 (1), (2), (4), (5), (6), (8), and (11) of this Ordinance shall be exempt from the permit requirements of this Subsection.  Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection in a safe manner and in a manner in accordance with all other provisions of this Ordinance.

 

(2)        Inspection.  The Building Inspector shall require the proper maintenance of all signs and shall inspect every sign for which a permit is required within ten (10) days after work is completed on the sign.

 

(3)        Fees.  Permit fees and refundable escrow deposit amounts, as required herein, shall be set from time to time by resolution of the Board of Supervisors.

 

            (4)        Plan Requirements.  Any sign which is intended to be used or included in any development or plan of building or development to be submitted and reviewed by the Township shall be identified in the plan, including location, size, nature of the sign materials and the purpose of the sign.

 

Section 810      Off-Premises Signs

 

(1)        Off-premises signs shall be located only along State Route 611 in the C-2 and/or I Zoning Districts.  Such signs are only permitted as a special exception.

 

(2)        All off-premises signs shall be erected upon land which is leased or purchased for the exclusive business purpose of advertising by sign.  Only one (1) such sign may be erected per parcel.  Off-premises signs shall not be erected upon or within any protected natural resource.

 

(3)        All off-premises signs shall be permanent freestanding signs erected upon the ground.  No off-premises sign shall be erected upon, painted on, applied to, attached to, and/or supported by a building, vehicle, or other structure.

 

(4)        Setbacks

 

a.         Right-of-Way.  No off-premises sign or any part thereof shall be erected or maintained closer than fifty (50) feet from the future right-of-way of a public street.  No off-premises sign or any part thereof shall be erected or maintained farther away than one hundred and fifty (150) feet from the future right-of-way of State Route 611.

 

b.         Side or Rear Yards.  No off-premises sign or any part thereof shall be erected or maintained within fifty (50) feet of any side or rear property line.

 

c.         Driveways and Private Lanes.  No off-premises sign or any part thereof shall be erected or maintained within fifty (50) feet of any driveway or private lane.

 

d.         Other Signs.  No off-premises sign shall be located closer than one thousand (1,000) feet to any other off-premises outdoor advertising sign, such measurement to be made between the two (2) nearest points located on any portion of the signs.

 

e.         Residences.  No off-premises sign shall be located closer than five hundred (500) feet to any residence located within a residential or agricultural zoning district, such measurement to be made between the two (2) nearest points located on any portion of the sign and the residence.

 

f.          Public and Civic Places.  No off-premises sign shall be placed so as to face a lot located within three hundred (300) feet of the sign and occupied by a church, school, park, playground, open space, historic building, or cemetery.

 

g.         Other Structures.  No off-premises sign shall be located within thirty (30) feet of any other structure.

 

(5)        No off-premises sign shall be permitted to exceed a maximum area of one hundred and sixty (160) square feet, including border and trim but excluding supports.  A sign having two (2) sides back-to-back or a V-shaped sign with a horizontal angle not greater than forty-five degrees (45ş) is permitted to have one hundred and sixty (160) square feet on each side for a total maximum area of three hundred and twenty (320) square feet.

 

(6)        No off-premises sign or any part thereof shall be taller than twenty (20) feet in height measured from the nearest shoulder of the road to the highest point of the proposed sign or taller than twenty-five (25) feet in height measured from lowest point of the undisturbed surface of the ground underneath the sign.  No off-premises sign shall be erected upon a berm or other artificial/man-made structure designed to increase the height of the sign.

 

(7)        An off-premises sign structure may contain only one (1) sign or advertisement per face.

 

(8)        Off-premises signs shall not be artificially lit in any fashion.  No revolving or electronic off-premises signs including, but not limited to, flashing signs, signs with intermittent illumination, or signs with mechanically or electronically changing messages, shall be permitted.  No mobile off-premises signs shall be permitted.

 

(9)        The following buffer plants shall be planted adjacent to all off-premises signs.  The size and species of these plants shall comply with the requirements listed in Section 603 of this Ordinance.

 

a.         Five (5) evergreens within a forty (40) foot radius along the sides and rear of the sign;

 

b.         Four (4) flowering trees within a fifty (50) foot radius along the sides of the sign; and

 

c.         One (1) shrub in front of the sign for every three (3) lineal feet of sign frontage.

 

(10)      All off-premises signs shall be maintained in good condition.  The structural components of the sign shall be maintained to ensure their integrity and to prevent the possible collapse of the sign.  Any damage to the structural components shall be repaired within twenty-four (24) hours.  The face of the sign shall be blank or shall show the full advertisement.  Signs having ripped, defaced, or partial advertisements shall be immediately repaired by having the advertisement restored to its original condition, removed, or covered.


ARTICLE  IX            NON-CONFORMITIES

 

Section 900      Non-conforming Structure or Lot

 

A structure or lot that does not conform to a dimensional regulation prescribed by this Ordinance for the district in which it is located or to regulations for signs, off-street parking, off-street loading, or accessory buildings, but which structure or lot was in existence at the effective date of this Ordinance and was lawful at the time it was established.

 

Section 901      Non-conforming Use

 

A use of a building or lot that does not conform to a use regulation prescribed by this Ordinance for the district in which it is located, but which was in existence at the effective date of this Ordinance and was lawful at the time it was established.  Note: A nonconforming accessory use or a casual use shall not be permitted to "ripen" into a nonconforming principal use.

 

Section 902      Continuation

 

The lawful use of any structure or land existing at the effective time of this Ordinance, or in the case of an amendment to the Ordinance, at the time of the amendment, may be continued although such use does not conform with the provisions of this Ordinance except as otherwise provided in this Article.

 

Section 903      Alteration or Extension

 

(1)        A use of land or structure which does not conform to the regulations of this Ordinance and its amendments, shall not be altered, reconstructed, extended, nor enlarged, except in accordance with the following provisions:

 

a.         Such alteration or extension shall be permitted only by special exception       under the provisions of Article XI and only upon the same lot as in existence at the date the use became nonconforming.

 

b.         Any increase in volume, area, or extent of  the non-conforming use shall not          exceed an aggregate of more than twenty-five percent (25%) during the life of the non-conformity.

 

c.         The non-conforming use or structure shall not be expanded to an adjacent     zoning district unless the use or structure is permitted in that district under the terms of this Ordinance.

 

d.         The non-conforming use shall not be expanded if the Zoning Hearing Board          determines that the public health, safety, and welfare would be adversely       affected.

 

e.         The non-conforming use shall not be expanded if the expansion would create a  new non-conforming use.

 

(2)        A structure which does not conform to the regulations of this Ordinance other than Use Regulations, may be altered, reconstructed, or enlarged, provided that no such non-conformity is increased beyond its extent on the date that it became non-conforming, provided further that if the use of structure also falls under Paragraph (1) of this Section any change shall be subject to the provisions of that paragraph.

 

Section 904      Restoration

 

No structure damaged by fire or other causes to the extent of more than seventy-five percent (75%) of its fair market value shall be repaired, reconstructed, or used except in conformity with the regulations of this Ordinance.  Structures with damage to the extent of seventy-five percent (75%) or less of the fair market value may be reconstructed, repaired or used for the same non-conforming use subject to the following provisions:

 

(1)        The reconstructed structure shall not exceed the height, area, or volume of the damaged structure except as provided in Section 903.

 

            (2)        Reconstruction shall begin within one (1) year from the date of damage and shall be carried on without interruption.

 

Section 905      Abandonment

 

Whenever a non-conforming use has been discontinued for a period of six (6) months or such use has been abandoned, such use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this Ordinance.

 

Section 906      Changes

 

Once changed to a conforming use, no structure or land shall be permitted to revert to a non-conforming use.  A non-conforming use may be changed to another non-conforming use only under the following conditions:

 

            (1)        Such change shall be permitted only by special exception, under the provisions of Article XI.

 

(2)        The Applicant shall show that the non-conforming use cannot reasonably be changed to a use permitted in the district where such non-conforming use is located.

 

            (3)        The Applicant shall show that the proposed change will be less objectionable in external effects than the existing non-conforming use with respect to:

 

a.         Traffic generation and congestion including truck, passenger car and pedestrian traffic.


b.         Noise, smoke, dust, noxious matter, heat, glare vibration. 

 

c.         Storage and waste disposal. 

 

(d)        Appearance.

 

Section 907      District Changes

 

Whenever the boundaries of a district shall be so changed as to transfer an area from one (1) district to another district of a different classification the foregoing provisions shall also apply to any non-conforming uses or structures existing therein.

 

Section 908      Registration of Non-conforming Uses and Structures

 

            The Zoning Officer shall, upon adoption of this Ordinance or amendment thereof, identify and register all non-conforming uses and structures.  Upon identifying the non-conformity, the Zoning Officer shall mail registration forms to the owner of record.  The owner of record shall sign the forms, pay such fee as set forth in the municipality's fee schedule, and return the original and one (1) copy to the Zoning Officer within sixty (60)  days.

 


ARTICLE X               ADMINISTRATION

 

Section 1000    Zoning Officer - Duties and Powers

 

The provisions of this Ordinance shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors.

 

It shall be the duty of the Zoning Officer and he shall have the power to:

 

(1)        Receive and examine all applications for zoning permits.

 

            (2)        Process zoning permit applications for all permitted uses.

 

(3)        Issue permits only where there is compliance with the provisions of this Ordinance,  with other municipal Ordinances, and with the laws of the Commonwealth.  Permits for construction of uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board.  Permits requiring approval by the Board of Supervisors shall be issued only after receipt of approval from the Board of               Supervisors.

 

(4)        Receive applications for special exceptions and variances and forward these             applications to the Zoning Hearing Board for action thereon.

 

(5)        Receive applications for conditional uses, curative amendments and zoning changes         forwarding requests to the Board of Supervisors, Township Planning Commission,   and other appro­priate agencies.

 

(6)        Following refusal of a permit, to receive applications for interpretation appeals and           variances and forward these appli­cations to the Zoning Hearing Board for action      thereon.

 

(7)        Conduct inspections and surveys to determine compliance or non-compliance with    the terms of this Ordinance.

 

(8)        Issue stop, cease and desist orders, and order in writing, correction of all conditions          found to be in violation of the provisions of this Ordinance. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Ordinance.  It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and   any person violating any such order shall be guilty of a violation of this Ordinance.   All orders not appealed from in thirty (30) days shall be deemed final.

 

(9)        With the approval of the Board of Supervisors, or when directed by them, institute in the name of the municipality any appropriate action or proceedings to prevent           unlawful erection, construction, re-construction, alteration, repair, conversion,          maintenance or use; to restrain, correct or abate such violation, so as to prevent the  occupancy of or use of any building, struc­ture, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

 

(10)      Revoke any order or zoning permit issued under a mistake of fact or contrary to the law or the provisions of this Ordinance.

 

(11)      Record and file all applications for zoning permits with accompanying plans and               documents.  All applications, plans, and documents shall be a public record.

 

(12)      Maintain a map or maps showing the current zoning classification of all land in the           municipality.

 

(13)      In the case of applications for zoning permits for uses listed in Subsection (2) of this           Section, the Zoning Officer shall refer subject applications to the Township Planning         Commission, Building Inspector, Solicitor and Engineer.  These agencies shall         review the application in accordance with the provisions of the Township Zoning and Subdivision and Land Development Ordinances.

 

(14)      Review all applications to determine whether the site or sites on which the proposed uses will be located will be reasonably safe from flooding.  If the site is located        within the 100-year floodplain, the plain must be prepared in accordance with applicable provisions of the Ordinance, the Township Subdivision and Land Development Ordinance, or the Town­ship Building Code.

 

Section 1001    Duties of the Planning Commission

 

            The Planning Commission shall review applications for zoning permits referred to it under Section 1000.  In reviewing such applications the Planning Commission shall follow the same pro­cedure employed in reviewing subdivision plans.  The Planning Commission shall submit its recommendations and findings to the Board of Supervisors within thirty (30) days of receipt of the application from the Zoning Officer.  Should the Planning Commission fail to submit a report and recommendation to the Board of Supervisors within thirty (30) days from receipt of the application from the Zoning Officer, the application shall be deemed acceptable to the Planning Commission.

 

Section 1002    Zoning Permits Required

 

Hereafter, no use listed in the use sections of the Ordinance may be established or changed; no structure shall be erected, con­structed, re-constructed, altered, razed, removed, and no building used or occupied, or changed in use, until a zoning permit has been secured from the Zoning Officer.  Upon completion or changed in use or construction, re-construction, alteration or moving of structures, the Applicant shall notify the Zoning Officer of such completion.  No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this Ordinance.


Section 1003    Application Requirements for Zoning Permits

 

(1)        All applications for zoning permits shall be made by the owner, tenant, vendee under contract of sale, or authorized agent, on a form supplied by the Township and shall be filed with the Zoning Officer.  The application shall consist of two (2) parts:

 

a.       A written statement including:

 

(i)         An identification of the proposed use of the building or land.

 

(ii)        A description of any proposed industrial or commercial operations in         sufficient detail to indicate effects of those operations in producing    noise, heat, vibration, glare, air pollution, water pollution, fire hazards, traffic congestion, or other safety hazards.

 

(iii)       A description of methods to be employed in controlling any excess    noise, air pollution, smoke, fumes, water pollution, fire hazards or      other safety hazards.

 

(iv)       In the case of application for interpretation, variances, and special              exceptions the additional information specified in Article XI.

 

(v)        Any other data deemed necessary by the Zoning Officer, Planning               Commission or Board of Supervisors to enable them to determine the         compliance of the proposed development with the terms of this          Ordinance.

 

b.       A site plan drawn to scale showing:

 

(i)         The location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street     lines.  If the application relates to property which is scheduled to be   developed in successive stages, such plans shall show the relationship of the portion scheduled for initial develop­ment to the proposed layout of the entire property.

 

(ii)        The location, dimensions and arrangement, and capacity of all open            spaces and yards and buffer yards including methods to be employed for screening.

 

(iii)       The location, size, arrangement, and capacity of all areas to be used   for motor vehicle access, off-street parking, off-street loading and      unloading, and provision to be made for lighting such areas if required under Articles VII or VI.

 

(iv)       The dimensions, location, and methods of illumination for signs if              applicable.

 

(v)        The location and dimensions of sidewalks and all other areas to be             devoted to pedestrian use.

 

(vi)       Provisions to be made for treatment and disposal of sewage and industrial  wastes, water supply, and storm drainage.

 

(vii)      The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of the number of dwelling units per acre of land.

 

(2)        No zoning permit for any new use or construction which will involve the on-site disposal of sewage or waste and no zoning permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until a certificate of approval has been issued by the Bucks County Department of Health.

 

(3)        Include the 100-year flood line and the Floodway line as represented on the Flood Boundary and Floodway Map, based upon the Flood Profiles; or a statement from an engineer registered to practice in the Commonwealth of Pennsylvania, indicating that the property in question is not within the 100-year floodplain.

 

            (4)        Prior to the issuance of any building permit the Zoning Permit Officer shall review the application for permit to determine if all other necessary governmental permits required by the state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act, the Dam Safety and Encroachments Act, the U. S. Clean Water Act, and the Pennsylvania Clean Streams Act.  No permit shall be issued until this determination has been made.

 

(5)        No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all the adjacent municipal­ities which may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management.

 

                        In addition, the Federal Insurance Administration and Pennsylvania Department of Community Affairs, the Bureau of Community Planning, shall be notified by the municipality prior to any alteration or relocation of any watercourse.

 

(6)        If the identified floodplain area will be affected by changes in land use the following additional materials shall be submitted:

 

                        a.        Plans, drawn to scale, showing:

 

(i)       The location and dimensions of the lot, existing land uses, structures,         vegetation, and soil types. The plans shall also show accurate             topographic data, consisting of contours at one (1) foot intervals which are tied into an  estab­lished bench mark in the Township.  The plan shall be prepared by an engineer or surveyor registered by the Commonwealth of Pennsylvania.

 

(ii)       The floodway line and the 100-year flood line, based upon the Flood Profiles and site topography.

 

                        b.         Plans of proposed buildings, structures, or other improvements drawn at                                    suitable scale showing the following:

 

(i)         The proposed lowest floor elevation of any proposed building based  on the National Geodetic Vertical Datum of 1929.

 

                                    (ii)        The elevation of the 100-year flood.

 

(iii)       If available, information concerning flood depths, pressures,                velocities,  impact and uplift forces and other factors associated with a 100-year flood.

 

(iv)       Detailed information concerning any proposed floodproofing             measures.

 

c.         Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.

 

d.         A document, certified by a registered professional engineer or architect,        which states that the proposed construction or development has been             adequately designed to withstand the 100-year flood elevations, pressures velocities, impact and uplift forces associated with the 100-year flood.  Such a statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or  development.

 

Section 1004    Fees

 

            All Applicants for Zoning Permits, Certificates of Occupancy, conditional uses, special exceptions, requests for variances, substantive challenges, procedural challenges, curative amendment challenges, interpretation appeals, appeals from the decision of the Zoning Officer or Township Engineer, appeals from Notices of Violations, or other requested relief shall, at the time of making application, pay to the Zoning Officer for use of municipal services in setting up and holding the hearing, a fee in accordance with a fee schedule adopted, from time to time, by resolution of the Board of Supervisors.


Section 1005    Life of a Permit

 

Any erection, construction, re-construction, alteration or moving of a building or other structure, including a sign authorized by a zoning permit, shall be commenced, and any change in use of a building or land authorized by a zoning permit shall be undertaken, within ninety (90) days after the date of issuance of the permit.  If not, the permit shall be considered null and void.  All work or activity authorized by the zoning permit shall be completed within two (2) years of the date of issuance or the permit shall be considered null and void.

 

Section 1006    Certificate of Occupancy

 

(1)        Hereafter no structure erected, constructed, reconstructed, extended or moved, and no land or building changed in use under a zoning permit, shall be occupied or used in whole or in part for any use whatsoever, until the owner and authorized, agent have been issued a certificate of occupancy by the Zoning Officer, indicating that the building or use complies with the terms of zoning as provided in this Ordinance.

 

(2)        No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with the Zoning Ordinance. 

 

(3)        The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the intent of this Ordinance.

 

Section 1007    Conditional Uses

 

The Board of Supervisors may allow or deny conditional uses after receiving recommendations from the Planning Commission pursuant to the various standards set forth in this Section, and those contained in other appropriate sections of this Ordinance. The Board shall:

 

            (1)        Determine that the proposal provides for adequate access to public roads of a suitable capacity without creating hazardous conditions. in making this determination, the Board may impose conditions requiring:

 

a.         Access to be limited, or combined with that of adjoining properties.

 

b.         Improvement of vertical or horizontal alignment adjoining the site or off-site if the use would create a hazardous condition, or if the alignment problem     restricts access to the site.

 

c.         Widen or replace a bridge if said bridge restricts access to the site, or where  the volume or nature of the traffic generated by the proposed use would create a hazardous or restric­tive situation.

 

(2)        Examine the use and its relationship to existing land uses to insure that the proposed use does not adversely alter the character of stable neighborhoods and to protect adjoining resi­dents from uses which are objectionable.  To this end, the Board may impose conditions requiring:

 

                        a.         Special buffer planting, buffer yards or planted berms.

 

                        b.         Planting or walls to screen intruding uses such as parking lots, loading docks,                                         mechanical plants, etc.

 

                        c.         Control of location of intruding uses so that their are sited in the least                                          disrupting  manner.

 

d.         Special design of lighting and signs to avoid disrupting existing developments                  or conflicting with the vision of motorists, particularly near intersections.

 

            (3)        In residential or reserve districts, conditional uses shall be limited to the same impervious surface ratio as the residential uses.  Where several impervious surface ratios are listed, the highest shall be used.

 

(4)        The natural resources listed in Article VI shall be mapped and presented to provide evidence that the performance standards in Article VI are met.  Drawings shall indicate the percentage of intrusion and illustrate same so that each stand­ard in Article VI may be evaluated.

 


ARTICLE XI             ZONING HEARING BOARD

 

Section 1100    Establishment of Board

 

A Zoning Hearing Board is established in order that the objectives of this Ordinance may be more fully and equitably achieved and a means for competent-interpretation of this Ordinance provided. The Board, within the limits of funds appropriated by the Board of Supervisors, may employ or contract for secretaries, consultants and legal counsel.

 

Section 1101    Membership, Terms of Office

 

The Zoning Hearing Board shall consist of three (3) members, appointed by the governing body for overlapping three (3) year terms. Members of the Board shall hold no other Township office except that one (1) member of the Board may also be a member of the Planning Commission.  Any member of the Zoning Hearing Board may be removed for cause by the governing body upon written notice and charges and after a public hearing.  Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.

 

Section 1102    Procedures

 

(1)        Officers.  The Board shall elect a Chairman from its membership, shall appoint a Secretary, and shall prescribe rules in accordance with the provisions of the Municipalities Planning Code and this Ordinance for the conduct of its affairs.  The Chairman, or in his absence the acting Chairman, may administer oaths and compel attendance of witnesses.

 

(2)        Meetings.  Meetings shall be open to the public and shall be at the call of the Chairman and at such other times as the Board shall specify in its rules of procedure.  For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board.

 

(3)        Records and Decisions.  The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

 

Section 1103    Powers and Duties - Interpretation

 

            Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall decide any questions:

 

(1)        Involving the interpretation of any provisions of this Ordinance, including determination of the exact location of any district boundary if there is uncertainty with respect thereto; or

 

(2)        Where it is alleged there is error in any order, requirements, decisions or determination, including any order requiring an alleged violation to stop, cease and desist, made by the Zoning Officer in the enforcement of this Ordinance.

 

Section 1104    Powers and Duties - Variances

 

(1)        Applicability.  Upon appeal from a decision by the Zoning Officer, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this Ordinance.  Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the Ordinance or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition on such piece of property, the strict application of any regulation enacted under this Ordinance would result in peculiar and exceptional and undue hardship upon the owner of such property, but in no other case.

 

(2)        Condition.  In general, the power, to authorize a variance from the terms of this Ordinance shall be sparingly exercised and only under peculiar and exceptional circumstances.

 

(3)        Requirements and Standards.  No variance in the strict ­application of the provisions of this Ordinance shall be granted by the Board unless the Board finds that the requirements and standards are satisfied.

 

The application must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted.  In particular, the Applicant shall establish and substantiate that the appeal for the variance is in conformance with the requirements and standards listed below:

 

a.         That the granting of the variance shall be in harmony with the general purpose                             and intent of this Ordinance, and shall not be injurious to the neighborhood or                       detrimental to the public welfare.

 

b.         That the granting of the variance will not permit the establishment within a                                               district of any use which is not per­mitted in that district.

 

c.         There must be proof of unique circumstances: That there are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Ordinance would deprive the Applicant of the reasonable use of such land or building.

 

d.         There must be proof of unnecessary hardship. it is not sufficient proof of hardship to show that greater profit would result if the variance were granted.  Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this Ordinance; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstance shall not be considered.

 

e.         That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.

 

The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provision to which the variance applies.

 

Section 1105    Powers and Duties - Special Exceptions

 

(1)        Applicability.  The Zoning Hearing Board shall have the power to approve special exceptions when this Ordinance specifically requires the obtaining of such approval and for no other use or purpose.

 

(2)        Conditions and Standards.  In granting a special exception, the Zoning Hearing Board shall make findings of fact consistent with the provisions of this Ordinance.  The Board shall not approve a special exception except in conformance with the conditions and standards outlined in this Ordinance.

 

(3)        General Requirements and Standards Applicable to All Special Exceptions.  The Board shall grant a special exception only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use.  The Board shall, among other things, require that any proposed use and location be:

 

a.         In accordance with the Municipal Plan and consistent with the spirit, purpose,                                        intent and language of this Ordinance.

 

b.         In the best interests of the municipality, the convenience of the community,  the public welfare, and be a substantial improvement to the property in the    immediate vicinity.

 

c.         Suitable for the property in question, and designed, constructed, operated and                                       maintained so as to be in harmony with and appropriate in appearance to the                             existing or intended character of the general vicinity.

 

                        d.         In conformance with all applicable requirements of this Ordinance and all                                               municipal ordinances.

 

e.         Suitable in terms of effects on highway traffic and safety with adequate access                                        arrangements to protect streets from undue congestion and hazards.

 

                        f.          In accordance with sound standards of subdivi­sion practice where applicable.                            The Zoning Hearing Board may impose whatever conditions regarding layout,                                   circulation, and performance it deems necessary to insure that any proposed                                      development will secure substantially the objectives of this Ordinance.

 

(4)        Review by Planning Commission on Application for Special Exception.  The Zoning Hearing Board shall request an advisory opinion from the Planning Commission on any application for a special exception; the Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Board on an application.

 

Section 1106     Powers and Duties - Challenge to the Validity of Ordinance or Map

 

The Board shall hear challenges to the validity of the Zoning Ordinance or Map, except as indicated in Act 247, Sections 1003 and 1004 (l) b. In all such challenges, the Board shall take evidence and make a record thereon as provided above.  At the conclusion of the hearing, the Board shall decide all contested questions and shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court.

 

Section 1107    Powers and Duties - Unified Appeals

 

Where the Board has jurisdiction over a zoning matter, the Board shall also hear all appeals which an Applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or develop­ment.  In any such case, the Board shall have no power to pass upon the nonzoning issue, but shall take evidence and make a record thereon as provided.  At the conclusion of the hearing, the Board shall make findings on all relevant issues of fact which shall become a part of the record on appeal to the court.

 

Section 1108    Actions of the Board in Exercising Powers

 

In exercising the above-mentioned powers, the Zoning Hearing Board may, in conformity with law and the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made.  Notice of such decision shall forthwith be given to all partakes in interest.

 

Section 1109    General Rules and Procedures for Appeals and Applications

 

(1)        Any appeal from the ruling of the Zoning Officer concerning the enforcement and interpretation of the provisions of this Ordinance shall be filed with the Zoning Officer within thirty (30) days after the date of the Zoning Officer's adverse decision.

 

(2)        All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Zoning Hearing Board and accompanied by fees prescribed by resolution of the governing body.

 

            (3)        All appeals and applications shall refer to the specific provisions of this Ordinance involved.

 

Section 1110    Who May Appeal

 

Appeals to the Zoning Hearing Board may be taken by any person or municipal official aggrieved or affected by any provisions of this Ordinance or by any decision, including any order to stop, cease, and desist issued by the Zoning Officer in enforcing the provisions of this Ordinance.  Requests for a variance or special exception may be filed by the landowner or the tenant with the permission of the landowner.

 

Section 1111    Notice of Hearings

 

Upon the filing with the Zoning Hearing Board of an application for a special exception, variance, or interpretation of this Ordinance, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as defined and give written notice to parties in interest, who shall be at least those persons whose properties adjoin or are across public roads from the property in question.

 

Section 1112    Witnesses

 

The Chairman or acting Chairman of the Board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents required by the parties.

 

Section 1113    Representation

 

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and cross-examine adverse witnesses on all relevant issues.

 

Section 1114    Rules of Evidence

 

            Formal rules of evidence shall not apply, but irrelevant immaterial or unduly repetitious evidence may be excluded.

 

Section 1115    Communications

 

            The Board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communi­cation, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings with any party or his representative unless all parties are given an opportunity to be present, "Board" as used herein shall include not only the members but also any secretary, clerk, legal counsel or consultant of the Board.

 

Section 1116    Decisions

 

            The Board or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five (45) days after the last hearing before the Board or Hearing Officer.  Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor.

 

Section 1117    Copies of Decisions

 

A copy of the final decision or, when no decision is called for, of the findings, shall be delivered to the Applicant person­ally or mailed to him not later than the day following its date.  To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

 

Section 1118    Court Appeals

 

Any persons aggrieved by any decision of the Zoning Hearing Board, or any taxpayer or the governing body may, within thirty (30) days after such decision of the Board, appeal to the Court of Common Pleas of Bucks County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and specify the grounds upon which he relies.  Such appeal shall be made in accordance with Article X of the Pennsylvania Municipalities Planning Code.

 

Section 1119    Fees

 

The Applicant for any hearing before the Zoning Hearing Board shall at the time of making application, pay to the Zoning Officer, for the use of the municipality, a fee in accordance with a fee schedule adopted by resolution of the governing body upon enactment of this Ordinance or as such schedule may be amended from time to time.

 

Section 1120    Life of Decision

 

Any variance or special exception granted by the Zoning Hearing Board or otherwise approved in accordance with the requirements of this Zoning Ordinance shall expire at the end of two (2) years from the date of the decision, unless the Applicant or owner has been issued a completed zoning and/or building permit by the Township in accordance with the grant of approval.

 


ARTICLE XII            APPEALS, AMENDMENTS, REMEDIES, PENALTIES,

                                    COMPLAINTS, REPEALER, AND EFFECTIVE DATE

 

Section 1200    Appeals and Jurisdiction

 

The following types of appeals are set forth in Articles IX and X of the Pennsylvania Municipalities Planning Code, and each has its own procedures as noted.

 

Type of Appeal                           Agency of Jurisdiction                  Reference

 

Validity of Ordinance                   Bucks County Court of                 Section

Procedural Question                    Common Pleas                               1202

 

Validity of Ordinance                   Zoning Hearing Board                     Section

Substantive Questions;                 or Governing Body                         1203

Landowner Appeals

 

Validity of Ordinance                   Zoning Hearing Board                     Section

Substantive Questions                                                                        1204

Persons Aggrieved

 

Appeal of Decisions or                Zoning Hearing Board                     Section

Orders - no validity                                                                            1205

question involved

 

Section 1201    Validity of Ordinance; Procedural Questions

 

            Questions of an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the governing body to the Bucks County Court of Common Pleas not later than thirty (30) days from the effective date of the ordinance or map.

 

Section 1202    Validity of Ordinance; Substantive Questions; Landowner Appeals

 

A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either:

 

(1)        To the Zoning Hearing Board for a report thereon under Section 1106 (Challenge to the Validity of Ordinance or Map) or Section 1107 (Unified Appeals); or

 

(2)        To the governing body together with a request for a curative amendment.  The governing body shall hold a hearing as provided in this Section.  The curative amendment shall be referred to the Planning Commission as per Section 1207.

 

(3)        The submissions referred to in (1) and (2) above shall be governed by the following (all references to the board shall mean Zoning Hearing Board or governing body, depending on the type of appeal);

 

a.         The landowner shall make a written request to the board that it hold a hearing on, his challenge.  The request shall contain a short statement reasonably informing the board of the matters that are in issue and the grounds for the challenge.

 

b.         The request may be submitted at any time after the ordinance or map takes effect; but if an application for a permit or approval is denied thereunder, the request shall be made not later than the time provided for appeal from the denial thereof.  In such case, if the landowner elects to make the re­quest to the Board of Supervisors and the request is timely, the time within which he may seek review of the denial of the permit or approval on other issues shall not begin to run until the request to the governing body is finally disposed of.

 

c.         The request shall be accompanied by plans and other materials describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map.  Such plans and other mater­ials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issu­ance of a permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof.  Nothing contained herein shall preclude the landowner from first seeking a final permit or approval before submitting his challenge to the board.

 

d.         If the submission is made to the governing body, the request shall be accompanied by an amendment or amendment; to the ordinance proposed by the landowner to cure the alleged defects therein.

 

e.         Notice of the hearing request by Section 1202(3)a. shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the landowner's request, including the plans submitted pursuant to Section 1202(3)c. and the proposed amendments, if any, submitted under Section 1202(3)d. may be examined by the public.

 

f.          The governing body shall hold a hearing upon the landowner's request, commencing not later than sixty (60) days after the request is filed, unless the landowner requests or consents in writing to an extension of time.

 

(4)        Hearings pursuant to Section 1202 (2) or 1202 (3) a. shall be held by the Zoning Hearing Board or the governing body, as the case may be. The Board shall conduct hearings and make decisions in accordance with the following requirements:

 

a.         The parties to the hearing shall be the munici­pality, any person affected by the application who has made timely appearance of record before the board, and any other person including civic or community organizations permitted to appear by the board. The board may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purposes.

 

b.         The Chairman or acting Chairman of the board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

 

c.         The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examination adverse wit­nesses on all relevant issues.

 

d.         Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.

 

e.         The board shall keep a stenographic record of the proceedings, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any party at cost.

 

f.          The board shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and where all parties have opportunity to participate.  The board shall not take notice of any communication, report, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its sur­roundings after the commencement of hearings with any party unless all parties are given an opportunity to be present.

 

g.         The board shall render a written decision, or render its findings on the application within forty-five (45) days after the last hearing before the board or hearing officer.  Conclusions based on the provisions of any act of the Commonwealth, or Ordinance, rule or regulation, shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.  Where the board fails to render its decision within forty-five (45) days, the decision shall be deemed to have been rendered in favor of the Applicant, unless the Applicant has agreed in writing to an extension of time.

 

h.         A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the Applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the board, prior to the close of the hearings, the board shall mail a brief notice of the decision or findings and a notice of the place where they may examine the full decision or findings.

 

(5)        After submitting his challenge to the board or governing body as provided in Subsections (1) and (2) of this Section, the landowner may appeal to court by filing same within thirty (30) days a. after notice of the report of the Zoning Hearing Board is issued, or b. after the governing body has denied the landowner's request for a curative amendment.

 

                        Failure to appeal the denial of a request for a curative amendment under clause b. shall not preclude the landowner from thereafter presenting the same validity questions by commencing a proceeding as provided in Subsection (1) of this Section.

 

(6)        For purposes of Subsection (5) b., the landowner's request for a curative amendment is denied when a. the governing body notifies the landowner that it will not adopt the amendment, or b. the governing body adopts another amendment which is unac­ceptable to the landowner, or c. the governing body fails to act on the landowner's request, in which event the denial is deemed to have occurred on the thirtieth (30th) day after the close of the last hearing on the request unless the time is extended by mutual consent between the landowner and the municipality.

 

Section 1203    Validity of Ordinance; Substantive Questions; Appeals by Persons Aggrieved

 

            Persons aggrieved by a use or development permitted on the land of another, by an ordinance or map or any provision thereof, who desires to challenge its validity on substantive grounds shall submit their challenge to the Zoning Hearing Board as a "Challenge to the Validity of Ordinance or Map", Section 1106 of this Ordinance.  The submission shall be governed by the following:

 

(1)        A written request shall be submitted to the board that it hold a hearing on the challenge.  The request shall contain a short statement reasonably informing the board of the matters in issue and the grounds for the challenge.

 

            (2)        No person shall be allowed to file any proceeding with the board later than thirty (30) days after any application for development, preliminary or final, has been approved by an appropriate municipal officer agency, or body, if such proceeding is designed to secure reversal or to limit the approval in any manner.

 

            (3)        The Zoning Hearing Board shall hold a hearing in accordance with Section 1106.

 

(4)        After submitting his challenge to the board as provided in this Section, any party aggrieved may take the same to the Bucks County Court of Common Pleas, by appeal filed not later than thirty (30) days after notice of the report of the board is issued.

 

Section 1204    Applications, Decisions and Orders Not Involving

The Validity of a Ordinance; Landowner Appeals

 

(1)        A landowner who desires to file a zoning application or to secure review or correction of a decision or order of the governing body or of any office or agency of the municipality which prohibits or restricts the use or development of land in which he has an interest on the grounds that such decision or other is not authorized by or is contrary to the provisions of an Ordinance or map shall proceed as follows:

 

a.         From a decision of the governing body or planning agency under a Subdivision or Land Development Ordinance, the landowner may appeal directly to court or to the Zoning Hearing Board under Section 1107 (Unified Appeals) in cases where that section is applicable.

 

b.         From the decision of the governing body or planning agency denying tentative approval of a PRD development plan under Article X or, if tentative approval has been granted, from any adverse decision on an application for final approval, the landowner may appeal directly to court or to the Zoning Hearing Board under Section 1107 (Unified Appeals) in cases where that section is applicable.

 

c.         To the extent that the board has jurisdiction of the same under Section 1103 (interpretation of Zoning Officer's Decisions), all other appeals shall lie exclusively to the Zoning Hearing Board.

 

d.         Applications for variances or special exceptions shall be made exclusively to the Zoning Hearing Board.

 

            (2)        All appeals to the Zoning Hearing Board pursuant to this Section shall be filed within thirty (30) days after notice of the decision is issued; or if no decision is made, within thirty (30) days after it is deemed to have been made under the provisions of this Ordinance and the Municipalities Planning Code, Act 247.

 

Section 1205    Decisions and Orders Not Involving the Validity

of an Ordinance; Appeals by Persons Aggrieved

 

            Application shall be made directly to the Zoning Hearing Board under the provisions of Section 1204, where such action involves a question of the Zoning Officer's decision or an action by the governing body, planning commission or other municipal official.

 

Section 1206    Power of Amendment

 

The governing body may from time to time, amend supplement, change, modify or repeal this Ordinance, including the Zoning Map.  When doing so, the governing body shall proceed in the manner prescribed in this Article.

 

Section 1207    Who May Initiate

 

Proposals for amendment, supplement, change, modification, or repeal may be initiated by the governing body on its own motion, by the Planning Commission, or by petition of one (1) or more owners of property to be affected by the proposed amend­ment, subject to the following provisions:

 

(1)        Proposals Originated by the Governing Body.  The governing body shall refer every proposed amendment, supplement, change, modification, or repeal originated by the Board to the Planning Commission within thirty (30) days of the submission of said proposal, the Planning Commission shall submit to the governing body a report containing the Commission's recommenda­tion, including any additions or modifications to the original proposal.

 

(2)        Proposals Originated by the Planning Commission.  The Planning Commission may at any time transmit to the governing body any proposal for the amendments supplement, change, modi­fication, or repeal of this Ordinance.

 

(3)        Proposals Originated by a Citizen's Petition.  Each petition by one (1) or more owners of property to be affected by a proposal for amendment, supplement, change or modification shall be signed and acknowledged, and submitted in writing to the secretary of the governing body. On receipt of said petition, the governing body shall transmit a copy of the petition to the Planning Commission.

 

Section 1208    Notice of Hearings

 

            No such amendment, supplement change modification, or repealer shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.  Public notice of each hearing to consider amendments (except continued hearings) shall be given not more than thirty (30) days and not less than fourteen (14) days in advance of any public hearing.  Such notice shall be published once each week for two (2) successive weeks in a newspaper of general circulation within the Municipality.  Such notice shall state the time and place and the particular nature of the proposed amendment.

 

Section 1209     Periodic Amendment of the Bedminster Township Zoning Ordinance

 

This Ordinance shall be reviewed and may be amended if necessary prior to November 15, 1988 to accommodate growth for the period to November 15, 1993 or beyond.  This process shall be repeated every five (5) years to accommodate growth for the period which extends for at least the next five (5) years.

 

Section 1210    Jurisdiction

 

Unless otherwise provided by law or in this Ordinance no building or structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building structure or land shall be used or occupied, except for the purposes permitted herein.

 

Section 1211    Remedies

 

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the governing body or the Zoning Officer with the approval of the governing body may institute in the name of the municipality any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.  The rights and remedies provided in this Ordinance are cumulative and are in addition to all other remedies provided by law.

 

Section 1212    Fines and Penalties

 

(1)        In addition to the right of the Township to enforce a Zoning Ordinance by an Action in Equity in the Court of Common Pleas of Bucks County and any other rights the Township may have at law, for any and every violation of the provisions of this Ordinance:

 

a.         The owner, general agent, or contractor of a building or premises where such a violation has been committed or shall exist.

 

b.         The owner, general agent, contractor lessee or tenant of any part of a building or premises in which part such violations have been committed or shall exist.

 

c.         The general agent, architect, builder, contractor, or any person who knowingly commits, takes part, or assists in any such violation or who maintains any buildings or premises in which any such violation shall exist, shall be liable therefore in a civil enforcement proceeding commenced by a Municipality, for a judgment of not less, nor more than Five Hundred Dollars ($500.00) plus all court costs, including reasonable attorneys fees incurred as a result of the prosecution.  Each day that a violation continues shall constitute a separate violation.

 

            (2)        Such judgment shall be entered after suit before any District Magistrate.

 

(3)        Enforcement proceedings against violations of the Zoning Ordinance shall be commenced by sending an enforcement notice as provided in this Section.

 

a.         The enforcement notice shall be sent to the owner of record on which the    violation has occurred, to any person who has filed a written request to    receive enforcement notices regarding that parcel, and to any other person     requested in writing by the owner of record.

 

                        b.         An enforcement notice shall state the following:

 

(i)         The name of the owner of record and any other person against whom the Township intends to take action.

 

(ii)        The location of the property in violation, including the tax map parcel        number.

 

(iii)       The specific violation with a description of the requirements which   have not been met, citing in each instance the applicable provisions of the  Ordinance.

 

(iv)       That the violator must commence steps to come into compliance        within five (5) days of the date of the notice, and must be in                compliance within  thirty (30) days of the date of the notice.

 

(v)        That the recipient of the notice has the right to appeal to the Zoning            Hearing Board within thirty (30) days.

 

(vi)       That the failure  to comply with the notice within the time specified,          unless extended by appeal to the Zoning Hearing Board, constitutes a         violation, with possible sanctions described.

 


ARTICLE XIII          TRANSFER OF DEVELOPMENT RIGHTS (TDR)

 

Section 1300    Purpose and Intent

 

(1)        Within Bedminster Township there are certain areas that because of their unique character make them worthy of special protection through the Township’s Zoning Ordinance.  The purpose of this Article is to assist in permanently protecting the Township’s natural resources, in particular, farmlands and agricultural soils, as defined within the Definition section of this Ordinance.  It is the intent of the Board of Supervisors to only permit additional development opportunities throughout the Township when there is a concurrent benefit of additional farmland preservation in keeping with the Statement of Community Development Objectives as set forth in Section 100 of this Ordinance.  The adoption of this Article is not a recognition that the Township’s existing densities or development opportunities are deficient, but a clear recognition that the Township’s Agricultural Protection (AP) zoning regulations can further promote and protect the unique nature of Bedminster Township through the adoption of a program of transferable development rights.

 

(2)        In accordance with Sections 603(c)(2.2), 605(4), and 619.1 of the Pennsylvania Municipalities Planning Code, a transferable development rights program is established in Bedminster Township, and the Township designates the Agricultural Protection (AP) Zoning District as the sending area, and the Industrial (I) as the receiving area.  The purpose of the transfer of development rights program is to protect prime agricultural land, promote the Township’s agricultural security areas, and encourage the continuity, development and viability of agricultural  operations.

 

Section 1301    General Standards

 

(1)        The transfer of development rights is a voluntary agreement under the terms of this Ordinance between a willing buyer and a willing seller.  The rights shall be transferred to a person, corporation, partnership or other legal entity or the Township.  The development rights may be held by the purchaser for future use or sale or may be immediately attached to a specific parcel of land within the Township.  The development rights shall be considered a separate estate in land and may be transferred subject to the limitations of this Ordinance.  Once the development rights are attached and developed as to a specific parcel of land, those rights shall run with that specific parcel in perpetuity.

 

(2)        A purchaser of development rights who attaches those rights to a tract of land in accordance with the procedures set forth in this Ordinance is permitted an increase, with the use of the developments rights, in the density or intensity of his/her development within the receiving area.  The seller of the development rights receives compensation from the sale, plus the right to retain the land for agricultural use.  A deed restriction against future development is placed upon the agricultural land in the designated sending area from which the development rights have been severed.  The price of the development rights will be determined by the willing buyer and willing seller.

 

(3)        The deed restriction will not affect the landowner’s ability to sell the land after the development rights have been severed, although such land cannot be sold for development purposes.  The deed restriction on the land from which the development rights have been severed shall run in favor of the Township and/or a Township-approved conservation organization.

 

(4)        The owner of the tract in the sending area from which the development rights are severed or any subsequent purchaser or purchasers of the development rights may hold the development rights or may resell the development rights.  The only use which may be made of the development rights is the ultimate transfer to a developer with a tract in the receiving area.  The Township shall have no obligation to purchase the development rights which have been severed from a tract in the sending area, although the Township may purchase and transfer or retire development rights from a tract in the sending area.

 

(5)        A developer who purchases development rights may develop a tract in the receiving area(s) for those uses permitted by this Ordinance.  All applications for transfer of development rights shall be permitted only in accordance with the procedures set forth in this Article.

 

Section 1302    Recognition of Transferable Development Rights

 

(1)        Bedminster Township hereby recognizes the severability and transferability of development rights from certain lands within the Township to be transferred and used in accordance with the provisions of this Article.

 

(2)        The Township, in accordance with the criteria set forth in Section 1303, Sending Area Qualifications and Calculations, shall determine the eligibility of each tract of land within the Agricultural Protection District for allocation of the transferable development rights. 

 

(3)        The Township has no obligation, however, to determine the specific number of such rights apportioned to each tract, nor to give any formal notice to the landowner other than by the passage of this Ordinance, until such time as an application to utilize transferable development rights is made in accordance with the provisions of this Article and this Ordinance.

 

(4)        The Township reserves the right to amend this Ordinance in the future, and the Township expressly reserves the right to change the manner in which the number of development rights shall be apportioned to a tract in the sending area, the manner in which development rights may be attached to land within the receiving area, the locations of the sending area and the receiving areas and the procedure by which development rights can be conveyed.  The Township further expressly reserves the right to terminate its transferable development rights program at any time.  No owner of land or owner of development rights shall have any claim against the Township for damages resulting from a change in this Ordinance relating to the regulations governing the apportionment, transfer and use of development rights or the abolition of the transferable development rights program.  If the transferable development rights program is abolished by the Township, no developer may attach development rights to any tract in the receiving area after the effective date of the Ordinance abolishing the transferable development rights program unless an application in conformity with the provisions of Section 1303 herein was filed prior to the effective date of such Ordinance.

 


Section 1303    Sending Area

 

The Agricultural Preservation (AP) Zoning District is hereby designated as the sending area of Bedminster Township.  Development rights shall be apportioned to a lot or lots within the designated sending area based upon the following criteria:

 

            (1)        The sending area tract of land must contain a base site area of at least fifteen (15) acres, or be enrolled in the Township’s Agricultural Security District, except that properties owned by the Township, County, State or Federal governments, and/or a school district or utility shall not be eligible to transfer development rights.

 

            (2)        Net Transferable Site Area.  The net transferable site area from which development rights are determined shall be calculated by subtracting from the base site area the following areas:

 

a.         All land or portion thereof owned by or subject to a deed restriction, conservation easement, or other easement, restriction or covenant against further development and in favor of any governmental agency, nonprofit conservancy or corporation.

 

b.         Any land or portion thereof owned by or subject to any utility, easement, including but not limited to, easements of road, water, gas, sewer, petroleum, electrical transmission, or telecommunications.  Road easements shall include the ultimate right-of-way of any township or state roads.

 

c.         All floodplain, floodplain soils, water courses, ponds, lakes, wetlands, and slopes of twenty-five  percent (25%) or more as defined by this Ordinance.

 

d.         All land containing existing dwellings or land used for nonresidential purposes, in which event, one (1) acre shall be subtracted for each dwelling unit, and the minimum lot size as defined by the use regulations of this Ordinance shall be subtracted for each nonresidential use.

 

            (3)        Calculation of Development Rights.  A plan containing the information required by Section 403.3. and 4., and the net transferable site area shall be submitted to the Township.  The net transferable site area in acres shall then be multiplied by .5 in order to determine the number of development rights which may be transferred to a receiving area tract.  This number, rounded off to the next lowest whole number, represents the number of development rights that may be sold and transferred.

 

            (4)        Both the net site area from which development rights have been sold and transferred, and the areas which have been subtracted from the base site area pursuant to Subsections 2.a., b., c., and d. above, shall be totally and permanently restricted from future development by a restrictive covenant which meets the following requirements:

 

a.         The covenant shall permanently restrict the land from future development of residential and nonagricultural uses, and shall specifically provide for agricultural uses including crop or except for crop or pasture land, and cultivation of nursery stock or orchard trees, and other conservation or open space uses.

 

b.         The covenant shall be approved by the Board of Supervisors in consultation with the Township Solicitor.

 

c.         The covenant shall designate the Township-approved nonprofit conservation organization as the beneficiary, and shall provide for a backup beneficiary, and enforcement rights with respect to all future owners of the tract or any portion of the tract, and enforcement rights for any Township resident.

 

            (5)        Underlying Zoning. The owner of any tract of land eligible for the transfer of development rights shall not be restricted from developing said tract in accordance with the provisions of Agricultural Preservation (AP) base zoning provisions of Section 408 of this Ordinance.

 

            (6)        Partial Transfers

 

a.         If a proposed transfer of development rights would entail transfer of less than the entire calculated development rights, the portion of the parcel to be restricted as a result of the transfer of development rights shall be calculated as follows:

 

(i.)        The number of development rights to be sold must be divided by the total number of development rights on the site to determine the percentage of land area that must be preserved.

 

(ii.)       Multiply the net transferable site area by the percentage that must be preserved through the partial transfer of development rights.

 

(iii.)      The portion of the land area to be preserved must adhere to the following priorities.

 

[1]        Prime Farmland and Farmland of Statewide Importance.

 

[2]        Farmland of Local importance.

 

[3]        Historic, cultural and scenic resources.

 

[4]        Woodlands and slopes in excess of fifteen percent (15%).

 

b.         The acreage to be restricted shall be contiguous and be of a general, regular configuration able to be adequately farmed, and the preserved acreage shall have a minimum size of twenty-five (25) acres.

 

c.         If a transfer of development rights proposes a transfer of less than all development rights, the portion of the parcel from which the development rights are transferred shall be clearly identified on a plan of the entire parcel, and shall show the general information and existing features required for a preliminary plan in accordance with Section 403.3. and 4. of the Subdivision and Land Development Ordinance.  Such plans shall also include a notation of the number of development rights applicable to the entire parcel, the number of development rights applicable to the identified portion of the parcel from which the development rights are to be transferred, and the number of development rights which shall remain available to the remaining portion of the parcel.

 

d.         Plans proposing less than an entire transfer of development rights shall indicate the disposition of the remaining development rights by the owner of the sending area property.

 

e.         If the landowner chooses to develop the remaining unrestricted land area in lieu of selling the development rights from it, the existing AP provisions shall apply to the remainder of the tract.

 

Section 1304    Receiving Area

 

            The Industrial District is hereby designated as the receiving area of Bedminster Township.  Development rights shall be attached to a lot or lots within the designated receiving areas based on the criteria set forth in Section 1305, and development plans utilizing transferable development rights shall be approved by the Board of Supervisors in accordance with the procedures set forth in this Article.

 

Section 1305    Receiving Area Qualifications and Calculations

 

            (1)        Development rights as calculated in Section 1303 of this Article may be conveyed to any legal or equitable owner of tracts of land within any designated receiving area, or sold or donated to the Township, County, or other Township-approved qualified conservancy or land trust.

 

            (2)        The purchase of development rights from a tract of land in the sending district shall be documented by a Deed of Transfer of Development Rights or an Agreement of Sale prior to final subdivision or land development approval of the project in the receiving area utilizing the development rights. 

 

            (3)        Development rights may be attached to a development in the Industrial District as provided for in Section 1306 of this Article.


Section 1306    TDRs Within Industrial District

 

            Transferable Development Rights may be attached to a lot or lots within the I Industrial District upon approval by the Board of Supervisors.  The following modifications are permitted to be made to the lot and dimensional requirements for developments using TDRs:

 

            (1)        The maximum impervious surface ratio may be increased from fifty-five percent (55%) to not more than sixty-five percent (65%) when TDRs are transferred to the site at a rate of one (1) TDR for every one-half percent (0.5%) increment or three thousand (3,000) square feet, whichever is less.

 

            (2)        The maximum building coverage of twenty percent (20%) may be increased to not more than twenty-five percent (25%) when TDRs are transferred to the site at a rate of one (1) TDR for every one percent (1%) increase in building area or one thousand (1,000) square feet, whichever is less.

 

            (3)        The maximum building height of thirty-five (35) feet may be increased to not more than fifty (50) feet upon approval of TDRs at the rate of one (1) TDR for each two (2) feet in building height.  Any buildings constructed in excess of thirty-five (35) feet under this provision shall provide for a clear fire access lane for fire protection services or a reduced yard requirement for fire access from a public or private street.

 

            (4)        All other Zoning and Subdivision Ordinance provisions must be adhered to regarding use, parking, buffer yards and setbacks.  However, a ten percent (10%) reduction in the yard areas may be permitted upon approval of the use of TDR provided that the required buffer plantings are met.


ARTICLE XIV           HISTORIC RESOURCES

 

Section 1400    Purpose and Intent

 

The historic villages, farms, and homesteads of Bedminster Township contain valuable resources that reflect the historic development patterns of the Township.  To protect these villages, farms, and homesteads and the integrity of their architectural and historic resources, the Township has enacted following regulations.  These regulations establish a clear process by which proposed changes affecting historic resources are reviewed and approved by the Township.  The purpose of these regulations is to effectuate the following goals:

 

(1)        Encouragement of the preservation of historic buildings and structures.

 

(2)        Mitigation of the negative effects of proposed changes to historic resources.

 

(3)        Encouragement of the continued use of historic resources and facilitation of their appropriate reuse.

 

(4)        The tailoring of protective measures to those clearly delineated historic resources in the Township worthy of preservation.

 

(5)        Encouragement of the preservation of historic settings, trees, and landscapes.

 

(6)        Discouragement of the unnecessary demolition of historic resources.

 

Section 1401    Classification and General Provisions

 

(1)        Historic Resources Inventory and Map.  The Township shall maintain an official list of Historic Resources prepared by the Heritage Conservancy entitled the Bedminster Township Historic Resources Inventory (hereinafter referred to as the “History Resources Inventory” or “Inventory”) and a map of the Resources on that list.  The Historic Resources Inventory and Map shall be approved by the Board of Supervisors and may be revised from time-to-time by legislative action of the Board of Supervisors.

 

(2)        Definition.  For the purposes of this Ordinance, an “Historic Resource” is any building, structure, site, property, landscape, village, or district listed in the Bedminster Township Historic Resources Inventory.  Where the Inventory lists outbuildings and/or other structures associated with the primary structure, these associated outbuildings and structures are afforded the same protections and incentives as the primary structure unless the Inventory clearly denotes the associated outbuilding/structure as not being historical.

 

(3)        Historic Resources shall be delineated into the following four (4) classes:

 

a.         Class I.  All Resources ranked “1” by the Inventory.  These Resources include:

 

(i)         All buildings, sites, structures, objects, and districts listed on the National Register of Historic Places or designated National Historic Landmarks;

 

(ii)        Contributing resources, i.e., buildings, sites, structures, and objects filed as such with the National Register of Historic Places; and

 

(iii)       Buildings, sites, structures, objects, and districts which have been determined to be eligible for the National Register of Historic Places.

 

b.         Class II.  All Resources ranked “2” by the Inventory.  These Resources include:

 

Buildings, sites, structures, objects, and districts not meeting National Register criteria, but determined to be of high historical or architectural value to Bedminster Township and appropriately documented as such in the Inventory.

 

c.         Class III.  All Resources ranked “3” by the Inventory.  These Resources include:

 

All other buildings, sites, structures, objects, and districts listed in the Inventory not meeting the criteria for a Class I or Class II Resource but still deserving of protection and preservation.

 

d.         Class IV.  All Resources ranked “4” or “5” by the Inventory.  These Resources include:

 

Buildings, sites, structures, objects, and districts that are historic due to their age, but whose current condition is so altered from the original form that they are no longer deserving of protection and preservation.  Such Resources can be refurbished and re-ranked.

 

(2)        Overlay Concept.  The Historic Resources Inventory and Map shall be deemed an overlay on any zoning district enacted to regulate the use of land in the Township.  For any Historic Resource, the requirements of this Article shall be addition to the otherwise applicable requirements of the underlying zoning district.  Should the requirements of this Article or the Historic Resources Inventory and Map be revised, reversed, or rescinded as a result of legislative or administrative action on the part of the Commonwealth or judicial decision, the zoning requirements and other regulatory measures applicable to the properties in question shall be those of the underlying zoning district without consideration of this Article.

 

(3)        Compliance.  Any use, change, or demolition, as defined and listed in this Article, of or to a Historic Resource shall fully comply with the terms of this Article and all other applicable regulations.

 

(4)        This Article does not intend to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.  Where this Article imposes greater restrictions, however, the provisions of this Article shall prevail.

 

Section 1402    Adaptive Reuse and Historic Uses

 

(1)        In addition to the uses permitted in the applicable zoning districts, a Class I or Class II Historic Resource shall be eligible for additional Use opportunities (“Historic Uses”) as described herein.  These Historic Uses shall be in addition to any use currently being made of the Historic Resource, subject to the applicable standards and procedures of the Zoning Ordinance, other Township Ordinances, and the requirements set forth below.  These Uses can also be established in outbuildings and structures associated with the Resource and eligible for protection under this Article.  Such an outbuilding/structure must contain at least five hundred (500) square feet of usable floor space.  The Historic Uses are as follows:

 

B-10    Residential Conversion

D-3      Library or Museum

F-3      Office

G-3      Village Oriented Shop

G-20    Guest House

G-30    Crafts

 

(2)        Historic Uses are permitted as special exceptions in all zoning districts and shall be subject to the following considerations:

 

a.         An Historic Resource shall only be enlarged up to fifty percent (50%) from its size on the day this Article was adopted, as measured in square feet, to accommodate a proposed Historic Use.

 

b.         Any expansion or renovation of an Historic Resource to accommodate an Historic Use shall be of the same style and period as the Historic Resource or a modern equivalent or interpretation thereof.

 

c.         The proposed Historic Use must be necessary for the preservation of the Historic Resource, and the Applicant must show that the current use of the Resource is no longer feasible or desirable.

 

d.         The proposed Historic Use must not have any detrimental effects on neighboring properties and must not alter the essential character of the neighborhood or district in which it is located.

 

e.         The exterior of the Historic Resource shall not be altered in any way that distinguishes its current or proposed use from what it was originally built for (i.e., a single-family home must always look that way, a tavern must look like one from the outside even if it is used as an office).

 

f.          Commercial Historic Uses (F-3, G-3, G-20, and G-30) shall not exceed three thousand (3,000) square feet in area or ten (10) employees (including the owner).

 

(3)        A Historic Use may be established in a Class III Historic Resource so long as the owner of that Resource makes improvements to the Resource that result in the Resource moving up one (1) rank in the Inventory (e.g. from 3 to 2).  The owner shall employ a Historic Preservation Consultant approved by the Township to rehabilitate the Resource after the improvements are completed and shall request that the Board of Supervisors amend the Inventory to reflect this rehabilitation.

 

(4)        If a subdivision or land development is proposed for the site of one (1) or more Class I or II Historic Resources, the lot lines of the proposed subdivision or land development shall be drawn so as to preserve the historic context of the Resource(s), including any associated structures, trees, and landscaping, with adequate setbacks.  At its discretion, the Board of Supervisors may permit the reduction of lot sizes or setbacks of up to ten percent (10%) on other proposed lots within the same subdivision/development to allow adequate land area and setbacks for the preservation of the historic character of Resource(s), without increasing the overall permitted density on the site.

 

Section 1403    Standards for Additions, Alterations, and Rehabilitation

 

(1)        These standards only apply to external changes to a Class I, II, or III Historic Resource that require the issuance of a building permit.

 

(2)        Additions to an Historic Resource shall occur only on the rear facades of the building, or side facades where they will not cause a major disruption to the original architectural design or historic character of the Resource.

 

(3)        Design Standards.  Any proposed external rehabilitation, alteration, addition to, or enlargement of an Historic Resource shall be in substantial compliance with the U.S. Secretary of Interior's Standards for Rehabilitation, as described below:

 

a.         Every reasonable effort shall be made to provide a compatible use for an Historic Resource which requires minimal alteration of the building, structure, site, or environment; or to use an Historic Resource for its originally intended purpose.

 

b.         The distinguishing original qualities or character of a Historic Resource and its environment shall not be destroyed.  The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

 

c.         All Historic Resources shall be recognized as products of their own time.  Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.  Changes which may have taken place over the course of time, however, are evidence of the history and development of a Resource and its environment.  These changes may have acquired historic significance in their own right, and this significance should be recognized and respected.

 

d.         The surface cleaning of structures should be undertaken with the gentlest means possible.  Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.

 

e.         Distinctive stylistic features or examples of skilled craftsmanship which characterize a building or structure shall be treated with sensitivity.

 

f.          Deteriorated architectural features should be repaired rather than replaced, wherever possible, using materials which match the original materials in design, color, texture and appearance.

 

g.         Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material, and character of the historic resource, and its site, neighborhood, and environment.

 

h.         Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to any project.

 

i.          New additions or alterations to structures should be done in such a manner that if such alterations and additions were to be removed in the future, the essential form and integrity of the Historic Resource would be unimpaired.

 

Section 1404    Density Bonus

 

(1)        Where an Applicant has renovated, restored, or adaptively reused a Class I Historic Resource in conjunction with a subdivision or land development, such Applicant is permitted one (1) additional lot or dwelling for each Class I Historic Resource renovated, restored, or adaptively reused in addition to the maximum number of lots or dwelling units permitted under the density requirements of this Ordinance.  This bonus only applies to the renovation, restoration, or reuse of a single Resource with a total structural square footage greater than two thousand (2,000) square feet or multiply Resources with a total structural square footage greater than three thousand (3,000) square feet.  This bonus does not apply to cemeteries, graveyards, gardens, yards, or other non-structural Resources.

 

(2)        A density bonus may be acquired in conjunction with the renovation, restoration, or adaptive reuse of a Class II Historic Resource so long as the owner of that Resource makes improvements to the Resource that result in the Resource moving up one (1) rank in the Inventory (e.g. from 2 to 1).  The owner shall employ an Historic Preservation Consultant approved by the Township to rehabilitate the Resource after the improvements are completed and shall request that the Board of Supervisors amend the Inventory to reflect this rehabilitation.  All the requirements and restrictions set forth in Subsection (1) above regarding the density bonus must be complied with by the Applicant.

 

(3)        A density bonus may be acquired in conjunction with the renovation, restoration, or adaptive reuse of a Class III Historic Resource so long as the owner of that Resource makes improvements to the Resource that result in the Resource moving up two (2) ranks in the Inventory (e.g. from 3 to 1).  The owner shall employ an Historic Preservation Consultant approved by the Township to rehabilitate the Resource after the improvements are completed and shall request that the Board of Supervisors amend the Inventory to reflect this rehabilitation.  All the requirements and restrictions set forth in subsection (1) above regarding the density bonus must be complied with by the Applicant.

 

Section 1405    Relocation

 

(1)        Relocation should be considered as the least favored alternative for the preservation of an Historic Resource, but preferable to demolition.  Any application for relocation of an Historic Resource shall comply with the following:

 

a.         The proposed relocation shall not have a detrimental effect on the long term structural integrity of the building or structure;

 

b.         The proposed relocation shall not have a detrimental effect on the historic, architectural, or archaeological aspects of the other buildings, structures, sites, properties, landscapes, villages, or districts adjacent to or encompassing the Resource.  Assessment of the archaeological impact shall be made in conjunction with the archaeologist from the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission;

 

c.         The Historic Resource shall be relocated to a compatible cultural landscape that is harmonious with the historic and/or architectural aspects of the relocated Resource;

 

d.         The Historic Resource proposed to be relocated cannot be renovated, restored, used, or adaptively reused in its current location.

 

e.         The proposed relocation shall further the purposes of this Article.

 

Section 1406    Demolition

 

(1)        No Historic Resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant exterior architectural features, unless a demolition permit is obtained from the Zoning Officer in accordance with the procedures and requirements of this Section and other applicable standards and procedures of the Township Building and Fire Codes.

 

(2)        Any proposal to demolish a Class I Historic Resource shall comply with the following requirements:

 

a.         The Applicant must demonstrate that the Resource proposed to be demolished cannot be adapted and used for the use intended or for any other permitted use.

 

b.         The Applicant must provide a certified engineering report regarding structural stability of the Resource that shows the Resource is a threat to public safety.  Such a report shall be verified by a Township Consultant’s inspection of the Resource.

 

c.         In addition to the applicable requirements under the Township Building and Fire Code, any Applicant seeking a permit to demolish a Class I Historic Resource shall provide a site plan and file a written application stating the following with regard to that Resource:

 

(i)         Owner of record;

 

(ii)        Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and landscaping, and any other feature;

 

(iii)       Recent interior and exterior photographs of the resource proposed for demolition;

 

(iv)       Explanation of the reasons for demolition;

 

(v)        Proposed method of demolition; and

 

(vi)       Future proposed uses of the site and the materials from the demolished Resource.

 

d.         Upon receipt of an application for demolition, a notice shall be forwarded by certified mail, return receipt requested to all owners of property within five hundred (500) feet of the boundary line of the property containing the Class I Historic Resource.  This notice shall include the street address and tax parcel number of the property on which the Resource is located, the name of the Resource if one exists, and the scheduled meeting date at which the Board of Supervisors will review and accept public comment on the application.

 

e.         The Zoning Officer shall notify the Board of Supervisors of a properly completed and paid for application for demolition.  The Board of Supervisors shall consider an application for demolition at a public meeting within forty-five (45) days of the date of application.  The Applicant shall be notified of the meeting and shall present evidence supporting the application for demolition.  In reviewing the application, the Board of Supervisors may take into account:

 

(i)         The effect of demolition on the historical significance and architectural integrity of neighboring historic resources;

 

(ii)        Feasibility of adaptively reusing the resource proposed for demolition;

 

(iii)       All conceivable alternatives to demolition of the resource, including relocation of the structure;

 

(iv)       Any expert testimony, such as, but not limited to, a certified engineering report regarding the structural stability of the resource, that would indicate threats to public safety;

 

(v)        The archaeological potential of the site; and

 

(vi)       Public comment regarding the resource or surrounding historic resources which may be impacted by the proposed demolition.

 

f.          Within fifteen (15) days of the public meeting, the Board of Supervisors will render a decision based upon the evidence, reports, and testimony presented at the meeting.  This period may be extended by mutual consent.  The decision shall be either to deny or approve the application for demolition.  The Board may, however, delay denial or approval of the permit up to ninety (90) days from the date of the application to document the Resource; for the preparation of a financial analysis; or to explore alternatives to demolition with the Applicant.

 

g.         The Board of Supervisors may appoint a hearing officer to review one (1) or more applications for demolition.  If such a officer is appointed, he or she shall hold the public meeting, not the Board, and make one of the following initial recommendations to the Board:

 

(i)         The officer may recommend immediate approval of the permit and may so advise the Zoning Officer.

 

(ii)        The officer may elect to delay approval or denial of the permit up to ninety (90) days from the date of the application to document the Resource; for the preparation of a financial analysis; or to explore alternatives to demolition with the Applicant.  At the end of this period, the officer shall make a written report to the Board of Supervisors setting forth reasons for his or her recommendation and the evidence considered.

 

(iii)       The officer may recommend approval of the demolition permit.  In such cases, the officer shall make a written report to the Board of Supervisors setting forth reasons for his or her recommendation and the evidence considered.

 

(iv)       The officer may recommend denial of the application.  In such cases, the officer shall make a written report to the Board of Supervisors setting forth reasons for his or her recommendation and the evidence considered.

 

h.         Within thirty (30) days of receipt of a report from the hearing officer, the Board of Supervisors shall consider the officer’s recommendation for denial or approval of the application for demolition at a public meeting.  The Board will take public comment at the public meeting from interested parties concerning the officer’s report.  Based upon the report and these comments, the Board will render a decision either to deny or approve the application for demolition within fifteen (15) days of this meeting.  This period may be extended by mutual consent.

 

i.          Prior to the issuance of a demolition permit, the Board of Supervisors may require the Applicant to provide documentation of the Class I Historic Resource proposed for demolition.  Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Board of Supervisors.

 

j.          Where demolition is determined by the Board of Supervisors to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback.  New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building.

 

k.         Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township Consultants, shall be reimbursed to the Township by the Applicant.  The application fees and escrows shall be established by a resolution of the Board of Supervisors.

 

l.          Enforcement

 

(i)         Fines and Penalties.  Any person/entity who violated the requirements of this Section shall be subject to the fines and penalties imposed under this Ordinance, as well as these fines and penalties imposed under the Township’s Building, Maintenance, and Fire Codes.

 

(ii)        The Township shall not issue any building permits for a minimum of ten (10) years for a property which, at the date of enactment of this Ordinance, was occupied by a Class I Historic Resource that was subsequently demolished in violation of this Section.

 

(3)        Any proposal to demolish a Class II Historic Resource shall comply with the following requirements:

 

a.         The Applicant must demonstrate that the Resource proposed to be demolished cannot be adapted and used for the use intended or for any other permitted use.

 

b.         In addition to the applicable requirements under the Township Building and Fire Codes, any Applicant seeking a permit to demolish a Class II Historic Resource shall provide a site plan and file a written application stating the following with regard to that Resource.

 

(i)         Owner of record;

 

(ii)        Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and landscaping, and any other feature;

 

(iii)       Recent interior and exterior photographs of the resource proposed for demolition;

 

(iv)       Explanation of the reasons for demolition;

 

(v)        Proposed method of demolition; and

 

(vi)       Future proposed uses of the site and the materials from the demolished Resource.

 

c.         The Zoning Officer shall consider an application for demolition of a Class II Historic Resource.  The Applicant shall provide all evidence supporting the application for demolition to the Zoning Officer along with the application.  In reviewing the application, the Zoning Officer shall take into account:

 

(i)         The effect of demolition on the historical significance and architectural integrity of neighboring historic resources;

 

(ii)        Feasibility of adaptively reusing the resource proposed for demolition;

 

(iii)       All conceivable alternatives to demolition of the resource, including relocation of the structure;

 

(iv)       Any expert testimony; and,

 

(v)        The archaeological potential of the site.

 

d.         The Zoning Officer may forward the application to the Township Solicitor, Engineer, or other consultants and/or the Board of Supervisors, Planning Commission, or other Township committee/commission/board for comment and review.

 

e.         The Zoning Officer shall render a decision in writing within forty-five (45) days of the date of receiving a properly completed and paid for application for demolition.  This period may be extended by mutual consent.  The decision shall be either to deny or approve the application for demolition.  The Officer may, however, delay denial or approval of the permit up to ninety (90) days from the date of the application to document the Resource; prepare a financial analysis; or explore alternatives to demolition with the Applicant.

 

f.          Prior to the issuance of a demolition permit, the Zoning Officer may require the Applicant to provide documentation of the Class II Historic Resource proposed for demolition.  Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Officer.

 

g.         Where demolition is determined by the Zoning Officer to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback.  New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building.

 

h.         Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township Consultants, shall be reimbursed to the Township by the Applicant.  The application fees and escrows shall be established by a resolution of the Board of Supervisors.

 

i.          Enforcement.

 

(i)         Fines and Penalties.  Any person/entity who violated the requirements of this Section shall be subject to the fines and penalties imposed under this Ordinance, as well as these fines and penalties imposed under the Township’s Building and Fire Codes.

 

(ii)        The Township shall not issue any building permits for a minimum of five (5) years for a property which, at the date of enactment of this Ordinance, was occupied by a Class II Historic Resource that was subsequently demolished in violation of this Section.

 

(4)      Any proposal to demolish a Class III Historic Resource shall comply with the following requirements:

 

a.         The Applicant must demonstrate that the Resource proposed to be demolished cannot be adapted and used for the use intended.

 

b.         In addition to the applicable requirements under the Township Building and Fire Codes, any Applicant seeking a permit to demolish a Class III Historic Resource shall provide a site plan and file a written application stating the following with regard to that Resource.

 

(i)         Owner of record;

 

(ii)        Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and landscaping, and any other feature;

 

(iii)       Recent interior and exterior photographs of the resource proposed for demolition;

 

(iv)       Explanation of the reasons for demolition; and

 

(v)        Future proposed uses of the site and the materials from the demolished Resource.

 

c.         The Zoning Officer shall consider an application for demolition of a Class III Historic Resource.  The Applicant shall provide all evidence supporting the application for demolition to the Zoning Officer along with the application.  In reviewing the application, the Zoning Officer shall take into account the feasibility of adaptively reusing the resource proposed for demolition.

 

d.         The Zoning Officer shall render a decision in writing within forty-five (45) days of the date of receiving a properly completed and paid for application for demolition.  This period may be extended by mutual consent.

 

e.         Prior to the issuance of a demolition permit, the Zoning Officer may require the Applicant to provide documentation of the Class III Historic Resource proposed for demolition.  Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Officer.

 

f.          Where demolition is determined by the Zoning Officer to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback.  New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building.

 

g.         Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township Consultants, shall be reimbursed to the Township by the Applicant.  The application fees and escrows shall be established by a resolution of the Board of Supervisors.

 

h.         Enforcement

 

(i)         Fines and Penalties.  Any person/entity who violated the requirements of this Section shall be subject to the fines and penalties imposed under this Ordinance, as well as these fines and penalties imposed under the Township’s Building and Fire Codes.

 

(ii)        The Township shall not issue any building permits for a minimum of two (2) years for a property which, at the date of enactment of this Ordinance, was occupied by a Class III Historic Resource that was subsequently demolished in violation of this Section.

 

Section 1407    Archaeological Resources, Paleontological Resources, and Cemeteries

 

(1)        Archaeological resources are the physical remains of prehistoric or historic human life or activity of any type along with the area they are located in.  These Resources can include any archaeological features, structures, deposits, artifacts, or ecofacts located within a specified area or site on land, inter-tidal zone, or underwater.

 

(2)        Paleontological Resources are the fossilized remains of vertebrate and invertebrate organisms, fossil tracks and trackways, plant fossils, and/or any other evidence of prehistoric life which has been preserved by natural processes in the earth’s crust, along with the area they are located in.  Such a Resource must be considered scientifically significant to be protected by this Article.

 

(3)        Any person or entity proposing to conduct any activity that could affect Archeological Resources, Paleontological Resources, or cemeteries, including, but not limited to, the installation of sewage systems, new construction, excavation/fill, or the construction of new roads or driveways, shall be required to identify any known, or determine if any potential, Resources/cemeteries exist upon the site of the activity.  At their discretion, the Board of Supervisors can require a Phase I Archaeological Study or another appropriate measure, if any Resources/cemeteries are discovered while the activity is being conducted upon the site.

 

(4)        The destruction or demolition of any cemeteries, graveyards, gravesites, crypts, mausoleums, or other types of burial grounds shall be prohibited.  Any person or entity applying for or conducting subdivision, land development, or other activities that could adversely affect a burial ground shall provide for the long-term protection and preservation of the burial ground in the form of deed restrictions, covenants, and/or easements.  Such persons/entities shall also create a thirty-five (35) foot setback from all sides of the burial ground and shall install an appropriate buffer/screening consisting of evergreens, flowering trees, and shrubs as directed by the Township.

 

(5)        Any known cemetery, graveyard, gravesite, crypt, mausoleum, or other type of burial ground located within thirty-five (35) feet of any type of construction activity shall be fenced off to protect it from this activity and any resultant runoff.  This protective fencing shall be placed at least thirty-five (35) feet beyond the known boundaries of the burial ground.

 

Section 1408    Landscaping and Screening

 

The goal of this Section is to protect the integrity of the historic setting and context of Historic Resources in the Township and the significant vegetation or visual resources associated with the site.  All Class I and Class II Historic Resources shall comply with the following:

 

(1)        Whenever a Class I or II Historic Resource is located within a tract proposed for subdivision or land development, conditional use, special exception or variance, an Historic Landscape Plan for the tract shall be required to be submitted with the appropriate application.  This Historic Landscape Plan shall be prepared by a registered landscape architect and shall strive to minimize the impact of the proposed development on the Resource through screening, buffering, building locations and orientations, and plant material selection.  It shall show all pertinent information, including the location, sizes, and species of all individual trees and shrubs to be removed, planted, or preserved.

 

(2)        A Class I or II Historic Resources shall be protected from any new building or structure through a minimum setback of one hundred fifty (150) feet from the Resource, unless the Resource can be adequately protected through existing or proposed landscaping, topography, architectural controls, or other features.

 

(3)        The landscaped or buffer area surrounding a Class I or II Historic Resources shall be preserved to retain the integrity of the historical landscape setting.  Any negative impacts upon the historical landscape setting shall be mitigated through the introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.  Landscaping additions to the area surrounding a Class I or II Resource shall be consistent with the existing landscape features of the Resource.

 

(4)        Visually significant landscapes and visual accents as defined and delineated on the Visual Resources map of the Township Open Space and Recreation Plan shall be preserved.

 

(5)        Provisions of this Section shall not be construed to conflict with or override any of the provisions of the Township Subdivision and Land Development Ordinance.  When there is a conflict, the more restrictive of the provisions shall be adhered to.