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
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
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
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
(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, 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
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 |
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 |
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
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 |
|
|
|
|
|
|
|
|
|
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 |
Y |
Y |
Y |
Y |
Y |
N |
SE |
|
D8 |
N |
N |
SE |
Y |
N |
N |
N |
|
D9 |
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 |
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 |
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 |
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
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
(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
(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
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
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
Area Width Coverage Surface
Use
(sq. ft.) (feet) (%) Ratio
(%) (feet) (feet)
Residential
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
C1-C10 Residential
Accessory Structures and Uses
Dl Place of Worship
D3 Library or Museum
D7
El Recreational Facility
E3 Golf Course
E6 Recreational Camping Park
H2 Emergency Services
J3 Temporary Structure
J8 Accessory Nonresidential
Radio and
J9 Accessory Playgrounds and Recreational Areas
b. Uses by Special Exception include:
D2 School
D6 Cemetery
D9
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
maximum building coverage: 10 percent (10%)
maximum height: 35 feet
(ii) Lot line changes -
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
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
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
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
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
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
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
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
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
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
(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 |
|
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
TABLE OF DIMENSIONAL REGULATIONS1
Zoning District Maximum Open Minimum Minimum Minimum Minimum Maximum Minimum Maximum
Minimum Impervious Space
Option Development
Type
AP (Site) (
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
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
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)
(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
(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
(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
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
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
Base Site Area _____ acres
Subtract Protected Site Area _____ acres
Equals _____ acres
Multiple by 0.2 x 0.20
(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)
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
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.
|
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 |
|
Minor |
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 |
- |
- |
- |
- |
|
|
|
- |
a |
a |
b |
b |
a |
a |
a |
a |
A |
- |
- |
- |
- |
|
|
Minor |
- |
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
Fraxinus
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
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
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
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
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
(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
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
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
(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
(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
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
(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
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
(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
(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 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
This
Ordinance shall be reviewed and may be amended if necessary prior to
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
(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)
(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
(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
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
(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
(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
(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
(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
(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.