[Amended 8-7-1995 by Ord. No. 296; 10-6-1998 by Ord. No.
319]
The purpose of this section is to protect the
natural resources of the environment by preserving forests, wetlands,
slopes and floodplains. These regulations apply to all zoning districts
and all uses in the Township.
A.
Identification of lands with natural resources. The applicant for a subdivision or land development or a zoning or building permit shall identify all natural resources on a lot when submitting an application. For the purpose of this subsection only, a building permit shall require the identification of natural resources if the building permit seeks to alter the footprint of the building or raze the building. This inventory shall include all natural resources identified in § 200-51B and all soil types.
B.
Natural resource protection. The applicant shall incorporate
the following natural resource protection ratios in any subdivision,
land development, zoning or building permit application as they apply.
Each resource is defined and a resource protection ratio is set for
each resource. Site alterations, regrading, filling or clearing of
trees and vegetation prior to plan or permit approval is prohibited.
(1)
(2)
Floodplain soils abutting the Delaware River Floodplain.
(3)
Ponds (natural or manmade) and pond shorelines.
(a)
Natural or manmade water areas including retention
or detention basins of 20,000 square feet or greater and all areas
within 50 feet of the edge of the water measured from the mean water
level.
(b)
Resource protection ratio for ponds and pond
shorelines shall be 100%. No development, filling, piping or diverting
shall be permitted.
(4)
Wetlands or waters of the commonwealth.
(a)
Those areas of lands defined as wetlands in
either the United States Army Corps of Engineers Technical Report
Y87-1, Corps of Engineers Wetlands Delineation Manual or the United
States Environmental Protection Agency Wetlands Identification Delineation
Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional
Approach, Volume II, Field Methodology, as most recently updated or
modified or the Pennsylvania Department of Environmental Protection's
Resources Wetlands Identification and Delineation, Chapter 105 Dam
Safety and Waterways Management Rules and Regulations, as most recently
updated or modified. Where a difference between the foregoing criteria
exist, the most restrictive criteria will be used in any particular
case. For the purposes of this definition, and for its application
to this chapter, most restrictive criteria shall mean the criteria
which causes the preservation of the most extensive area of wetlands.
Soils which may be indicators of wetlands are: Bo Bowmansville silt
loam, Ha Hatboro silt loam, Fa Fallsington, Do Doylestown, ToA Towhee
and ToB Towhee Stony.
(b)
Resource protection ratio for wetlands and waters
of the commonwealth shall be 100%. No filling, clearing, grading or
development is permitted.
(c)
A wetlands/watercourse buffer shall be the transitional area extending outward from the boundary of a wetlands or watercourse as defined in this chapter and Chapter 178, Subdivision and Land Development. For the purposes of preventing groundwater contamination, reducing surface runoff and sedimentation of nearby streams and bodies of water, protecting sensitive wildlife habitats, minimizing disruption to the hydrology of wetlands sites and watercourses and preventing damage to dwellings and property as a result of construction on or adjacent to alluvial soils or construction adjacent to watercourses, wetlands/watercourses buffers shall be established as follows:
[1]
Minimum wetlands/watercourse buffer shall be
50 feet. Where the 300 feet of land adjacent to a wetland or watercourse
boundary has an upland slope greater than 5%, the minimum buffer width
shall be increased by four feet for each percent of slope at or above
5%:
[Amended 12-20-2006 by Ord. No. 364]
[a]
Unique site conditions, such as
to facilitate proper site drainage or preservation of established
vegetation, may dictate that the wetland buffer be adjusted (averaged)
to accommodate an efficient site design. The average width of the
buffer for the entire site shall be equal to 50 feet with a minimum
width of 30 feet. The applicant shall provide justification for the
use of the averaging method and shall provide calculations demonstrating
that the average width criteria has been met.
[2]
In addition to the minimum wetlands/watercourse
buffer, the following natural features shall be given the additional
protection set forth herein:
[a]
Shrub-shrub buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation between 12 inches and 20 feet in height, the minimum wetlands/watercourse buffer shall be extended to not less than 75 feet.
[Amended 12-20-2006 by Ord. No. 364]
[b]
Herbaceous buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation less than 12 inches in height or no vegetation, the minimum wetlands/watercourse buffer shall be extended to not less than 100 feet.
(d)
Resource protection ratio for wetlands/watercourse
buffers shall be 100%. No filling, grading, clearing or development
is permitted.
(e)
If any of the following site-specific criteria
are applicable, the Township shall require an independent Environmental
Impact Assessment as set forth in Appendix to this chapter:[1]
[1]
Planned commercial/industrial facility that
may release hazardous materials.
[2]
On-site wastewater treatment system.
[3]
Mining or mineral extraction.
[4]
Wetland abutting park, wildlife refuge or sanctuary,
farmland preservation property or other area managed and maintained
for resource protection purposes.
[5]
Exceptional value wetlands as defined in 25
P.S. § 105.17.
[6]
Wetland on site associated with wetland system
of 10 contiguous acres or greater.
[7]
Wetland abutting a watercourse terminating in
the Delaware River less than two miles from the site.
[8]
Wetland abutting a watercourse with a public water intake less than two miles from the site. As part of the Federal Insurance Administration, the applicant shall have a qualified wetlands professional determine whether the minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c) is sufficient to maintain an 85% trap efficiency pursuant to the guidelines set forth in the Wong and McCuen Vegetative Buffer Strip Model (1982) or a comparable buffer strip model. If the 85% trap efficiency cannot be maintained, the minimum buffer width shall be extended to the width necessary to maintain an 85% trap efficiency or 300 feet, whichever is less. If the Township disagrees with the applicant's calculations, it may retain a qualified wetlands professional to perform the calculations at the applicant's expense. If the Township's and the applicant's calculations are conflicting, the greatest buffer width shall govern up to a maximum of 300 feet.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(5)
Steep slopes. Steep slopes must be protected from
inappropriate development, such as excessive grading, land form alteration
and extensive vegetation removal to avoid potential hazards to property
and the disruption of the ecological balance caused by increased runoff,
flooding, soil erosion and the like.
[Amended 12-20-2006 by Ord. No. 364]
(b)
Determination of steep slope areas:
[1]
In any application for a subdivision, land development,
building permit or grading permit, the applicant shall, using two-foot
contours, delineate Class I, Class II and Class III steep slopes.
The applicant shall use an actual field topographic survey or aerial
survey as the source of contour information and as the basis for depicting
the slope categories.
(c)
The following standards shall apply, except
where specifically modified by this chapter in accordance with the
conditional use standards and procedures:
[1]
Class I (8% to less than 15%) steep slopes:
No more than 50% of such areas shall be altered, graded, cleared or
built upon.
[2]
Class II (15% to 25%) steep slopes: No more
than 30% of such areas shall be altered, graded, cleared or built
upon.
[3]
Class III (greater than 25% or steeper) steep
slopes: No alterations, grading, clearing or building permitted. In
addition, no building shall be placed nor shall grading occur within
25 feet of the boundary of any Class III steep slope area.
[4]
Protection of Class I, Class II, and Class III
slopes may be reduced by conditional use approval, provided that other
resources (such as woodlands) are protected to a greater extent to
compensate for the additional slope disturbance, in accordance with
conditional use standards and procedures.
(d)
Exemptions for steep slopes. Areas of steep
slope that are less than 3,000 square feet shall be exempted from
these standards.
(e)
Steep slopes. At the sole discretion of the
Board of Supervisors, the Board may, through a conditional use process,
reduce the slope protection standards, provided that the additional
disturbance for slopes is offset by the preservation of woodlands.
The Board of Supervisors may grant conditional use approval to reduce
the percentage of steep slopes required to be preserved by up to an
additional 10% less than required, when the Board, in its sole discretion,
determines that a lesser percentage of protection is warranted applying
the standards and procedures hereafter set forth.
[1]
Application procedure.
[a]
The applicant shall prepare an Existing Resources and Site Analysis Map ("ERSAM") containing the information required at § 178-13B(3) of the Subdivision and Land Development Ordinance.
[c]
The applicant shall determine the areas to be left undisturbed and shall prepare a proposed Resource Conservation Plan in accordance with the provisions of § 178-13E(1), Step 1, and (2), Step 2, of the Subdivision and Land Development Ordinance.
[d]
If the applicant determines that
in order to optimize protection of the most highly valued natural
resources on the property disturbance of percentages of steep slopes
greater than those required is necessary, the applicant shall file
a conditional use application requesting approval to protect a lesser
percentage of steep slopes.
[2]
Standards for grant of conditional use approval. The Board of Supervisors shall determine, based upon the natural resources specific to the property under consideration, the extent to which steep slopes may be disturbed in order to optimally protect the natural resources of the Township to achieve the objectives of the Lower Makefield Comprehensive Plan, to assure the sustainability of the community of which the subdivision is a part and to achieve those purposes set forth under § 200-51B(5) hereof. In determining whether, and to what extent, to grant conditional use relief, the Board shall consider the following standards and guidelines.
(f)
Steep slope protection.
[1]
The effect protecting less than the required
percentage of steep slopes would have on adjacent properties, particularly
when such slopes abut another lot or tract of land.
[2]
The extent to which protection of less than
the required percentage of steep slopes would result in excessive
grading, land form alteration and extensive vegetation removal.
[3]
The extent to which the ecological balance may
be disturbed by increased runoff, flooding, soil erosion and sedimentation,
blasting and ripping of rock, landslide and soil failure.
[4]
The extent to which steep slopes can be protected
as open space and other uses which are compatible with preservation
of natural resources and protection of areas of environmental concern.
[5]
The Board may consider the extent to which the
Steep Slope is man-made rather than natural and whether its disturbance
will facilitate, in the opinion of the Board, the optimal design for
the development of the property.
(6)
Woodlands.
[Amended 12-3-2001 by Ord. No. 330]
(a)
Woodlands. A woodland is one-quarter acre or
more of wooded land where the largest trees measure at least six inches
diameter at a height of 4.5 feet from the ground and the associated
intermediate layers in these areas, including the understory shrubs
and smaller trees, the ground layer of herbaceous plants and the forest
floor. The woodland shall be measured from the dripline of the outer
trees. Woodlands are also a grove of trees forming one canopy where
10 or more trees measure at least 10 inches in diameter at a height
of 4.5 feet above the ground.
(b)
Resource protection ratio for woodlands. For land zoned R-RP,
85% of woodlands shall remain undisturbed as resource protected land.
For land zoned R-1, 80% of woodlands shall remain undisturbed as resource
protected land. For land zoned R-2, 75% of woodlands shall remain
undisturbed as resource protected land. For land not zoned R-RP, R-1,
or R-2, 70% of woodlands shall remain undisturbed as resource protected
land. This resource protection ratio for woodlands shall not apply
to applications for permits pertaining to developed residential lots
which cannot be further subdivided, or to applications for permits
for forestry/timber harvesting pursuant to this chapter. Resource
protected woodlands shall be protected during any construction activities
from root compaction by equipment and materials, mechanical damage
or change in grade level.
[Amended 4-17-2019 by Ord. No. 419]
The purpose of this section is to determine
the intensity of use to which a specific site may be put. The following
calculations shall be submitted with all sketch and preliminary plans
by the applicant for all subdivisions and land developments and shall
comply with the following standards and procedures:
A.
B.
Step II. Determine natural resources land to be protected
and percent of base site area in resource-protected land.
(1)
Determine land subject to natural resources. Each
site has unique natural features. All applications shall include maps
showing the locations of the resources together with the calculations
on the following chart. In the event that two or more resources overlap,
only the resource with the highest protection ratio shall be used:
[Amended 8-7-1995 by Ord. No. 296; 12-20-2006 by Ord. No.
364]
|
I
|
II
|
III
|
IV
| |
|---|---|---|---|---|
|
Natural Resource
|
Percent of Resource to be Protected
|
Total Natural Resource Land
in Acres
|
Total Resource Protected Land
(II x III)
| |
|
HYDROLOGIC SURFACE
|
Floodplain
|
100%
| ||
|
Floodplain soils (Delaware River)
|
50%
| |||
|
FEATURES:
|
Lakes or ponds
|
100%
| ||
|
Wetlands
|
100%
| |||
|
Lake and pond shoreline
|
100%
| |||
|
Wetland and watercourse buffers
|
100%1
| |||
|
SLOPES:
|
Class I steep slope (8% to less than
15%)
|
50%
| ||
|
Class II steep slope (15% to 25%)
|
70%
| |||
|
Class III steep slope (greater than
25%)
|
100%
| |||
|
WOODLANDS:
|
Woodland Associations zoned R-RP
|
85%
| ||
|
Woodland Associations zoned R-1
|
80%
| |||
|
Woodland Associations zoned R-2
|
75%
| |||
|
All other zoning categories
|
70%
| |||
|
TOTALS:
|
_____acres
|
_____acres
|
|
NOTES:
|
|---|
(2)
Determine percentage of base site area classified
as resource-protected land:
|
Total Resource-Protected Land minus Base Site
Area = % of base site area classified as resource-protected land.
|
C.
Step III. Determine site capacity.
(1)
For all residential subdivisions and land developments
the following calculations shall apply:
(a)
Single-family detached developments and two-family
developments.
[1]
Find net buildable site area for single-family
detached and two-family developments.
|
Base site area minus total resource protected
land (determined in Step II) = Net buildable site area
| ||||
|
|
—
|
|
=
|
|
|
Base site area
|
Total resource protected land
|
Net buildable site Area
| ||
[2]
Find maximum number of permitted dwelling units
for all single-family detached and two-family developments.
[a]
With recreation land:
|
Net buildable site area - [(1/Density1) + .052] = Total number
of dwellings permitted
| |
|---|---|
|
NOTES:
1 Maximum density
permitted on the net buildable site area is determined for each district
in the tables of performance standards. For all single-family detached
developments, the maximum density on the net buildable site area is
dictated by the percent of the total base site area which is in resource
protection land, as determined in Step II.
2 Recreation factor derived from Chapter 178, Subdivision and Land Development.
|
[b]
With fee in lieu of recreation
land:
|
|
x
|
|
=
|
|
|
net buildable site area
|
Maximum density on net buildable site area*
|
Units permitted
|
(b)
Single-family attached and multifamily developments.
[1]
Find net buildable site area for single-family
attached and multifamily residences. A minimum of 40% of the base
site area of sites planned for single-family attached residences or
for multifamily residences shall be devoted to resource protected
lands and open space. If resource protected lands encumber less than
40% of the base site area, then additional land shall be devoted to
open space so as to equal 40%.
[Amended 8-2-2023 by Ord. No. 440]
|
|
—
|
|
=
|
|
|
Base site area
|
Total resource protected land and open space,
this number shall not be less than 40% of the base site area.
|
Net buildable site area
|
[2]
Find maximum number of permitted dwellings for
all single-family attached and multifamily developments.
|
Net buildable site area x maximum density permitted
on net buildable site area1 = Maximum number of permitted dwellings
| ||
|---|---|---|
|
NOTES:
| ||
|
1 Maximum density
on net buildable site area is established for single-family attached
dwellings and multifamily dwellings in the regulations for the districts
in which these housing types are permitted.
|
(2)
Nonresidential uses in Districts C-1, C-2, C-3 and
O-R.
(3)
For a mixed-use development in the MU District, the following calculations
shall apply:
[Added 8-31-2020 by Ord.
No. 423]
(a)
Find net buildable site area:
|
|
—
|
|
acres
| |
|
Base site area
|
Resource protection land
|
Net buildable site area
|
(b)
Find required neighborhood open space:
|
___________ acres
|
x
|
|
=
|
acres
|
|
Net buildable site area
|
Minimum neighborhood open space percentage1
|
Neighborhood open space
|
|
NOTES:
|
|---|
|
1The minimum neighborhood open space
percentage is established for mixed-use developments in the regulations
of the Mixed-Use Overlay District.
|
(c)
Find maximum permitted building coverage:
|
___________ acres
|
x
|
|
=
|
acres
|
|
Net buildable site area
|
Maximum building coverage ratio2
|
Maximum building coverage
|
|
NOTES:
|
|---|
|
2The maximum building coverage ratio
is established in the regulations of the Mixed-Use Overlay District.
|
[Amended 7-19-1999 by Ord. No. 323; 7-16-2014 by Ord. No. 396]
A.
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
BUILDING, ACCESSORY
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
USE
(1)
(2)
VARIANCE
VIOLATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
See "building, accessory."
A structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal structure.
See "use, accessory."
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A permanent structure having walls and a roof, used for the
shelter or enclosure of persons, animals or property. The word "building"
shall include any part thereof. Included shall be all manufactured
homes and trailers to be used for human habitation.
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to the principal building.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation
repair, expansion, or alterations of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining, dredging, or drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
A structure for which the "start of construction" commenced
before July 16, 2014. "Existing structure" may also be referred to
as "existing construction."
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
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.
Any combination of structural and nonstructural 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.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
An additional amount of height above the base flood elevation
used as a factor of safety (e.g., two feet above the base flood) in
determining the level at which a structure's lowest floor must be
elevated or floodproofed to be in accordance with floodplain management
regulations.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
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.
Individually listed on the Pennsylvania Register of Historic
Places.
Individually listed on the Lower Makefield Township Historic
Building Inventory and/or shown on the Lower Makefield Township Historic
Survey map.
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 200-55A and B for specifics on what areas the community has included the Identified Floodplain Area.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area 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 section.
A structure, transportable, in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. This
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after July 16, 2014, and includes any subsequent improvements
to such structures. Any construction started after September 30, 1977,
and before July 16, 2014, is subject to the sections in effect at
the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads), is completed on or after the effective
date of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred on or after the Township's initial Flood Insurance Rate Map
(FIRM) dated September 30, 1977, and, as such, would be required to
be compliant with the regulations of the National Flood Insurance
Program.
A structure for which construction or substantial improvement
occurred before the Township's initial Flood Insurance Rate Map (FIRM)
dated September 30, 1977, and, as such, would not be required to be
compliant with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck,
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, AI-A30, AE, A99, or, AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufacture home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred. Substantial damage also means a structure that
meets the definition for repetitive loss.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land.
USE, ACCESSORYA use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
USE, PRINCIPALThe main use on a lot.
A grant of relief by the Township from terms of a floodplain
management regulation.
The failure of a structure or other development to be fully
compliant with the Township's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units and its residents by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(f)
Regulate uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
(g)
Restrict or prohibit certain uses, activities and development
from locating within areas subject to flooding.
(h)
Require all those uses, activities, and development that do
occur in floodprone areas to be protected and/or floodproofed against
flooding and flood damage.
(i)
Protect individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
(2)
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the Township of Lower
Makefield unless a permit has been obtained from the Floodplain Administrator.
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provision which may be in effect in identified floodplain
areas. However, any other ordinance provisions shall remain in full
force and effect to the extent that those provisions are more restrictive.
If there is any conflict between any of the provisions of this section,
the more restrictive shall apply.
(4)
Severability.
(a)
If any section, subsection, paragraph, sentence, clause or phrase
of this section shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the section,
which shall remain in full force and effect, and for this purpose
the provisions of this section are hereby declared to be severable.
(b)
If a court of competent jurisdiction finds the application of
any provision or provisions of this section to any lot, building or
other structure, or tract of land, to be invalid or ineffective in
whole or in part, the effect of such decision shall be limited to
the person, property, or situation immediately involved in the controversy,
and the application of any such provision to other persons, property
or situations shall not be affected.
(5)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas,
or that land uses permitted within such areas, will be free from flooding
or flood damages.
(b)
This section shall not create liability on the part of Lower
Makefield Township or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made there under.
[Amended 7-19-1999 by Ord. No. 323; 7-16-2014 by Ord. No. 396]
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the community of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal regulations at 44 CFR
59.22.
B.
Permits required. A permit shall be required before any construction
or development is undertaken within any area of Lower Makefield Township.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has
been determined that the proposed work to be undertaken will be in
conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
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 (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33, U.S.C.
§ 1344. No permit shall be issued until this determination
has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
(3)
During the construction period, the Floodplain Administrator or other
authorized official shall inspect the premises to determine that the
work is progressing in compliance with the information provided on
the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(4)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(5)
In the event the Floodplain Administrator discovers that the work
does not comply with the permit application or any applicable laws
and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Township Manager for whatever action it
considers necessary.
(6)
The Floodplain Administrator shall maintain in perpetuity all records
associated with the requirements of this section including, but not
limited to, finished construction elevation data, permitting, inspection
and enforcement.
(7)
The Floodplain Administrator shall consider the requirements of 34
Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
(8)
In the case of existing structures, prior to the issuance of any
Development/Permit, the Floodplain Administrator shall review the
history of repairs to the subject building, so that any repetitive
loss concerns can be addressed before the permit is issued.
(9)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by Lower Makefield Township. Such
application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities, such as sewer, gas, electric, water and sewer
systems, are located and constructed to minimize or eliminate flood
damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards:
(d)
Structures will be anchored to prevent floatation, collapse,
or lateral movement;
(e)
No development shall be permitted in the floodway that would
result in any increase in the base flood elevation;
(f)
Building materials are flood resistant;
(g)
Appropriate practices that minimize flood damage have been used;
and
(h)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any
other pertinent information as may be required by the Floodplain Administrator
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and Floodway Area [see § 200-55B(1)] when combined with all other existing and anticipated development will not increase the base flood elevation at any point.
[2]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 200-55B(2)] when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
[4]
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 pressures, velocities,
impact and uplift forces associated with the base flood. Such 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 the development.
[5]
Detailed information needed to determine compliance with § 200-56C(6), Storage, and § 200-56D, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 200-56C(6) and D, which are intended to be used, produced, stored or otherwise maintained on site.
[6]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection and
Bucks County Conservation District, to implement and maintain erosion
and sedimentation control.
[8]
A properly completed and signed elevation certificate.
(4)
Applications for permits shall be accompanied by a fee, payable to
the municipality. Such fee shall be in the amount specified by the
Board of Supervisors, by resolution.
E.
Review of application by others.
(1)
A copy of all plans and applications for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Floodplain Administrator to
any other appropriate agencies and/or individuals (e.g., Planning
Commission, planner, municipal engineer, etc.) for review and comment.
(2)
A copy of all applications and plans for any proposed construction
or development in any identified floodplain area to be considered
for approval shall be submitted by the Floodplain Administrator to
Bucks County Conservation District for review and comment prior to
the issuance of a permit. The recommendations of Bucks County Conservation
District shall be considered by the Floodplain Administrator for incorporation
into the proposed plan.
F.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
G.
Placards. In addition to the permit, a placard shall be issued by
the Floodplain Administrator which shall be displayed on the premises
during the time construction is in progress. This placard shall show
the permit number, date of issuance, and shall be signed by the Floodplain
Administrator.
H.
Records. A copy of the permit issued shall be kept on the job site
premises during the time construction is in progress.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within
180 days after the date of issuance and shall be completed within
12 months after the date of issuance of the permit or the permit shall
expire unless a time extension is granted, in writing, by the Floodplain
Administrator. The issuance of development permit does not refer to
the zoning approval.
(2)
The actual start of construction means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
(3)
Time extensions shall be granted only if a written request is submitted
by the applicant, who sets forth sufficient and reasonable cause for
the Floodplain Administrator to approve such a request and the original
permit is compliant with the ordinance and FIRM/FIS in effect at the
time the extension is granted.
K.
Appeals. Appeals from determination made by the Floodplain Administrator regarding floodplain provisions shall be acted on by the Zoning Hearing Board in accordance with procedures for Zoning Hearing Board (ZHB), § 200-94 through § 200-109. However, granting of an appeal will not relieve a landowner, the Township and the ZHB from compliance with the minimum requirements of the National Flood Insurance Program and to the extent any of the ZHB procedures are not as restrictive as the National Flood Insurance Program, the more restrictive provisions shall apply to ZHB review of floodplain appeals.
[Amended 7-16-2014 by Ord. No. 396]
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of Lower Makefield Township, classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated May 18, 1999, and issued by
the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
(a)
FIRM Map Numbers applicable to Lower Makefield Township.
|
42017C0343F
|
42017C0431F
|
42017C0451F
|
42017C0454F
| |
|
42017C0344F
|
42017C0432F
|
42017C0452F
|
42017C0456F
| |
|
42017C0363F
|
42014C0434F
|
42017C0453F
|
42017C0458F
| |
|
42017C0364F
|
(b)
The above referenced FIS and FIRMS, and any subsequent revisions
and amendments, are hereby adopted by Lower Makefield Township, and
declared to be a part of this section.
(2)
Any community-identified Flood Hazard Areas.
B.
Description and special requirements identified floodplains: The
identified floodplain area shall consist of the following specific
areas:
(1)
The floodway area shall be those areas identified in the FIS and
the FIRM as floodway and which represents the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
by more than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those Special Flood Hazard Areas where no floodway
has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(2)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which the base flood elevations have been provided and a floodway
has been delineated.
(b)
The AE Area without floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided in the FIS but no floodway
has been determined.
[1]
No permit shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection Regional Office.
(3)
The A Area/District shall be those areas identified as an A Zone
on the FIRM included in the FIS prepared by FEMA and for which no
base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(a)
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 the municipality.
(4)
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM included in the FIS prepared by FEMA. These
areas are subject to inundation by the one-percent-annual-chance shallow
flooding where average depths are between one and three feet. In Zones
AO and AH, drainage paths shall be established to guide floodwaters
around and away from structures on slopes.
(5)
Community-identified flood hazard areas shall be those areas where
Lower Makefield Township has identified local flood hazard or ponding
areas, as delineated and adopted on a "Local Flood Hazard Map" using
best available topographic data and locally derived information such
as flood of record, historic high water marks, soils or approximate
study methodologies.
C.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See § 200-56A(2) for situations where FEMA notification is required.
D.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by Lower Makefield
Township and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
[Amended 7-16-2014 by Ord. No. 396]
A.
General.
(1)
Alterations or relocations of watercourses.
(a)
No encroachment, alteration or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by Lower Makefield
Township, and until all required permits or approvals have been first
obtained from the Department of Environmental Protection (PADEP) Regional
Office.
(b)
In addition, the Federal Emergency Management Agency (FEMA)
and Pennsylvania Department of Community and Economic Development
shall be notified by Lower Makefield Township prior to any alteration
or relocation of any watercourse.
(c)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(2)
Technical or scientific data shall be submitted by the applicant
to FEMA for a letter of map revision (LOMR) as soon as practicable
but within six months of any new construction, development, or other
activity resulting in changes in the BFE. The situations when a LOMR
or a conditional letter of map revision (CLOMR) are required are:
(a)
Any development that causes a rise in the base flood elevations
within the floodway; or
(b)
Any development occurring in Zones A1-30 and Zone AE without
a designated floodway, which will cause any rise in the base flood
elevation; or
(c)
Alteration or relocation of a stream (including but not limited
to installing culverts and bridges).
(3)
The applicant shall (as per 44 CFR 65.12):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachment to occur.
(b)
Upon receipt of the Administrator's conditional approval of
map change and prior to approving the proposed encroachments, Lower
Makefield shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR 67.
(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 section and any other applicable
codes, ordinances and regulations.
B.
Elevation and floodproofing requirements. Within any Identified Floodplain Area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria of in § 200-59, then the following provisions apply:
(1)
Residential structures:
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above the regulatory flood elevation (the base flood elevation
plus 1 1/2 foot of freeboard).
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 200-55B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade and at least 1 1/2 feet higher than the depth
number specified on the FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized,
where they are more restrictive.
(2)
Nonresidential structures:
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on
the FIRM, any new construction or substantial improvement shall have
the lowest floor (including basement) elevated or completely floodproofed
up to, or above, the regulatory flood elevation determined in accordance
with § 200.55B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade and at least 1 1/2 feet higher
than the depth number specified on the FIRM.
(d)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. 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)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized,
where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Basements are prohibited.
(b)
Fully enclosed space below the lowest floor (excluding basements)
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 the automatic entry and exit of flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term "fully enclosed space" also includes crawl spaces.
(c)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(d)
A nonconversion agreement is required.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation
that would constitute a substantial improvement as defined in this
section, must comply with all ordinance requirements that do not preclude
the structure's continued designation as a historic structure. Documentation
that a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
C.
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in § 200-59, then the following provisions apply:
(a)
Such fill shall not increase the base flood elevation.
(b)
Fill shall extend laterally at least 15 feet beyond the building
line from all points.
(c)
Fill shall consist of soil or small rock materials only; sanitary
landfills shall not be permitted.
(d)
Fill shall be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling.
(e)
Fill shall be no steeper than one vertical to three horizontal,
unless substantiated data justifying steeper slopes are submitted
to, and approved by, the Zoning Officer, Floodplain Administrator
and the Township Engineer.
(f)
Fill shall be used to the extent to which it does not adversely
affect adjacent properties.
(g)
Under no circumstances shall fill be permitted in the floodway.
(2)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
(c)
No part of any on-site waste disposal system shall be located
within any identified floodplain area except in strict compliance
with all state and local regulations for such systems. If any such
system is permitted, it shall be located so as to avoid impairment
to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages" and "the International
Private Sewage Disposal Code" shall be utilized.
(e)
No expansion of any on-site sewage system now located either
wholly or partially in the floodplain shall be permitted.
(4)
Other utilities. All other 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.
(5)
Streets. The finished elevation of all new streets shall be no more
than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 200-56D, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to not obstruct
the flow of water and shall be designed to have no effect upon the
flow and height of water.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement. The Zoning Officer shall require the applicant
to submit the signed and sealed certification by a registered professional
engineer that the proposed structural design meets these criteria.
(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 affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints or other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with marine
or water-resistant paint or other finishing materials.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of flood waters into the system
and discharges from the system into flood waters. Additional provisions
shall be made for the drainage of these systems in the event that
flood water infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401-405), as amended and not limited
to the following provisions, shall apply to the above and other sections
and subsections of this section, to the extent that they are more
restrictive and supplement the requirements of this section.
D.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which: will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances, shall be
prohibited. If a variance is obtained, the development shall be subject
to the provisions of this section, in addition to all other applicable
provisions. The following list of materials and substances are considered
dangerous to human life:
(a)
Acetone;
(b)
Ammonia;
(c)
Benzene;
(d)
Calcium carbide;
(e)
Carbon disulfide;
(f)
Celluloid;
(g)
Chlorine;
(h)
Hydrochloric acid;
(i)
Hydrocyanic acid;
(j)
Magnesium;
(k)
Nitric acid and oxides of nitrogen;
(l)
Petroleum products (gasoline, fuel oil, etc.);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulphur and sulphur products;
(q)
Pesticides (including insecticides, fungicides, and rodenticides);
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection D(1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any identified floodway area, any structure of the kind described in Subsection D(1), above, shall be prohibited.
(4)
Where permitted by variance within any other identified floodplain area, any substantially improved residential structure of the kind described in § 200-56D(1) above, shall be elevated to remain completely dry up to at least 1 1/2 feet above the base flood elevation and built in accordance with Subsections A, B and C.
(5)
Where permitted within any identified floodplain area, any substantially improved nonresidential structure of the kind described in § 200-56D(1) above, shall be built in accordance with Subsections A, B and C, including:
(a)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above the base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (U.S. Army Corps of
Engineers, June 1972, as amended March 1992), or with some other equivalent
watertight standard.
E.
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 20 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision or letter of map
revision. Submittal requirements and processing fees shall be the
responsibility of the applicant.
F.
Special requirements for manufactured homes. Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in § 200-59, then the following provisions apply:
(1)
Within any Floodway Area/District, manufactured homes shall be prohibited.
(2)
Within any identified floodplain area, manufactured homes shall be
prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(3)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall:
(a)
Be placed on a permanent foundation.
(b)
Be elevated so that the lowest floor of the manufactured home
is at least 1 1/2 feet above the base flood elevation.
(c)
Be anchored to resist flotation, collapse and lateral movement.
(d)
Have all ductwork and utilities including HVAC/Heat pump elevated
to the regulatory flood elevation.
(4)
Installation of all manufactured homes shall be done in accordance
with the manufacturer's installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto and 34 Pa. Code Chapters 401 through 405
shall apply.
(5)
Consideration shall be given to the installation requirements of
the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
G.
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article IX, then the following provisions apply:
H.
Use regulations.
(1)
Uses permitted by right. The following uses and activities are permitted
in the floodplain provided they are in compliance with the provisions
of the underlying zoning district and are not prohibited by any other
ordinance and provided they do not require structures, fill or storage
of materials or equipment and provided that within the floodway there
would be no increase in the BFE elevation.
(a)
Agricultural uses such as general farming, pasture grazing,
outdoor plant nurseries, horticulture, forestry, sod farming and wild
crop harvesting.
(b)
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking, bicycling and horseback riding trails, wildlife
and nature preserves, game farms, fish hatcheries, tennis courts,
and hunting and fishing areas.
(c)
Yard areas for residential and nonresidential uses, with the
exception of the minimum lot area requirements.
(d)
Temporary uses such as circuses, carnivals, and similar activities.
(2)
Uses permitted by special exception. The following uses and activities
are permitted in the floodplain by special exception provided that
they are in compliance with the provisions of the underlying district
and are not prohibited by any other ordinance and provided that all
applicable floodplain requirements are met:
(a)
Utilities, public facilities and improvements such as streets,
bridges, transmission lines and pipe lines.
(b)
Water-related uses and activities.
(c)
Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage of materials and equipment listed in Subsection H(1) hereof shall be prohibited in the floodplain.
(d)
Parking areas.
[Amended 7-16-2014 by Ord. No. 396]
A.
In accordance with the administrative regulations promulgated by
the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act, the following activities
shall be prohibited within any identified floodplain area:
[Amended 7-16-2014 by Ord. No. 396]
A.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when any improvement is made to any existing structure, the provisions of Subsection B shall apply.
B.
Improvements.
(1)
No expansion or enlargement of an existing structure shall be allowed within the identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 200-55B(3).
(2)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this section.
(3)
The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and 2009 IRC.
(4)
Within any Floodway Area/District (See § 200-55B(1)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(5)
Within any AE Area/District without floodway (See § 200-55B(2)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(6)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this section.
(7)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
[Amended 7-16-2014 by Ord. No. 396]
A.
General. If compliance with any of the requirements of this section
would result in an exceptional hardship for a prospective builder,
developer or landowner, the Lower Makefield Township Zoning Hearing
Board may, upon request, grant relief from the strict application
of the requirements.
B.
Variance procedures and conditions.
(1)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 200-54K and the following:
(a)
No variance shall be granted for any construction, development, use or activity within the Identified Floodplain Area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 200-55B(3).
(b)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§ 200-56D).
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(d)
In granting any variance, the Zoning Hearing Board shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this chapter.
(f)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause;
[2]
That failure to grant the variance would result in exceptional
hardship to the applicant;
[3]
That the granting of 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 regulations.
(g)
A complete record of all variance requests and related actions
shall be maintained by Lower Makefield Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency (FEMA).
(h)
If the state statutory criteria for review for the Zoning Hearing
Board in any way conflicts with federal requirements and/or federal
law, federal law shall preempt that of the state.
(2)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
A.
Intersections. On any corner lot, no wall, fence,
sign or other structure shall be erected or altered and no hedge,
trees, shrubs or other growth shall be maintained which may cause
danger to traffic on a street or public road by obscuring the view.
A clear sight triangle of 25 feet, measured along the right-of-way
lines of intersecting streets, shall be maintained, within which such
structures or planting shall be limited to a height of not more than
1.5 feet above the street grade.
B.
Driveways and private accessways. At each point where
a private accessway or driveway intersects a public street or road,
a clear sight triangle of 15 feet, measured from the point of intersection
of the street and the accessway, shall be maintained, within which
vegetation and other visual obstructions shall be limited to a height
of not more than 1.5 feet above street level.
C.
It shall be the property owner's responsibility to
maintain the sight triangle. The Township shall have the right to
declare an obstructed sight triangle to be a safety hazard and to
clear the same at the owner's expense should the owner fail to do
so after proper notice.
A.
Corner lots. A lot with frontage on two or more streets
including corner lots shall have a building setback from each street
not less than the required front yard. In cases of corner lots, a
rear yard is required, but such yard may be any yard not facing a
public street. In cases of through lots, no rear yard is required.
B.
Triangular lots. In the case of a triangular lot with
no rear lot line the distance between any point on the building and
the corner of the lot farthest from the front lot line shall be at
least twice the minimum rear yard requirement for that district.
C.
Setbacks from resource-protected lands. On lots which
include lands with resource restrictions, the minimum building setbacks
shall be measured from the limit of the resource protected lands rather
than from the lot lines so that the required minimum yard is free
from resource restricted lands.
D.
Exception for existing alignment. If the alignment
of existing buildings on either side of a lot within a distance of
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 Board of 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 20 feet.
For lots fronting on collector or arterial roads, the front yard setback
shall be increased a sufficient distance to provide an adequate driveway
turnaround area so vehicles do not back out directly onto these roads.
[Added 12-20-2006 by Ord. No. 364]
A setback of 150 feet is established along both
sides of the Delaware Division of the Pennsylvania Canal measured
from the center line of the canal in accordance with the following
standards:
A.
Nothing other than landscaping and a wood fence which
may be lined with a wire mesh shall be permitted in the setback.
B.
No roads or driveways may be permitted in the setback,
except where there is no other access. The road or driveway shall
be designed to minimize adverse impact on the canal.
C.
The setback requirements shall terminate at the edge
of River Road and shall not extend to land on the opposite side of
River Road from the canal.
A.
These setback requirements shall apply to all uses
and structures on lots which abut an arterial or collector road and
supersede the yard and setback requirements for the zoning districts
within which the lots may lie. The special setback shall be measured
from the right-of-way line of the arterial or collector streets.
|
Condition
|
Special Setback-Arterial
(feet)
|
Special Setback-Collector
(feet)
| |
|---|---|---|---|
|
Front yard at street line of arterial or collector
|
100
|
80
| |
|
Reverse frontage lot1
|
120
|
100
| |
|
Street serving new subdivision or land development
|
120
|
80
|
|
NOTES:
1 Swimming pools and fences may be located closer to the right-of-way line on reverse frontage lots, in accordance with § 200-70 of this chapter.
|
B.
Arterial and collector roads are designated as follows and shall have the ultimate right-of-way specified in Chapter 178, Subdivision and Land Development.
|
Arterial Roads
|
Collector Roads
| |
|---|---|---|
|
Heacock Road from Oxford Valley Road to Edgewood
Road
|
Big Oak Road
| |
|
Interstate 95
|
Black Rock Road
| |
|
Morrisville-Yardley Road (including Pennsylvania
Avenue)
|
Creamery Road
| |
|
Newtown-Washington Crossing Road (Route 532)
|
Dolington Road
| |
|
Newtown-Yardley Road (Route 332)
|
Edgewood Road
| |
|
Oxford Valley Road (between Heacock Road and
the Falls Township Line)
|
Ferry Road
| |
|
Pine Grove Road
|
Heacock Road from Edgewood to Yardley-Langhorne
Road
| |
|
Stony Hill Road (between Falls Township Line
and Route 332)
|
Lindenhurst Road
| |
|
Township Line Road
|
Makefield Road
| |
|
Mirror Lake Road (80 feet wide except 100 feet
wide, 500 feet south of Yardley-Newtown Road)
| ||
|
Mt. Eyre Road
| ||
|
Oxford Valley Road (between Heacock Road and
Yardley Borough)
| ||
|
Quarry Road
| ||
|
River Road
| ||
|
Schuyler Drive
| ||
|
Sutphin Road
| ||
|
Taylorsville Road north of I-95
| ||
|
Woodside Road
| ||
|
Yardley-Langhorne Road
|
C.
Notwithstanding any other provision in this chapter,
no structure shall be located closer than 150 feet from the right-of-way
line of I-95 and Pennsylvania Route 332, along both roads for a distance
of 1,000 feet from their center line intersection.
D.
Exception to setbacks within Historic District, which
includes all or a portion of the following zoning districts:
[Added 12-6-2004 by Ord. No. 345]
|
H-C
|
Historic Commercial
| |
|
C-1
|
Commercial Neighborhood Shopping
| |
|
R-4
|
Residential Multiple Family High Density
|
(1)
Within those portions of the foregoing zoning districts which are located in the Historic District, the following setbacks shall supersede the provisions of § 200-63, The following setbacks shall be measured from the existing legal right-of-way line.
|
Condition
|
Special Setback-Arterial
(feet)
|
Special Setback-Collector
(feet)
| |
|---|---|---|---|
|
Front yard at street line of arterial or collector
|
20
|
20
| |
|
Reverse frontage
|
N/A
|
N/A
| |
|
Street serving new subdivision or land development
|
20
|
20
|
|
NOTE:
Fences or hedges may be located six inches outside
the existing legal right-of-way line, provided they do not interfere
with the sight triangle of any private driveway or street intersection.
|
No dwelling shall hereafter be erected unless
there is a direct access to it through an open space on the same lot.
Such open space shall be not less than 25 feet in width and shall
extend from the dwelling to a street. Every principal building shall
be built on a lot with frontage on a public street or road improved
to meet the Township's standards.
Flag or lane lots (lots which do not have the
minimum lot width at the minimum required front yard setback line)
shall be permitted only under the following conditions:
A.
Flag or lane lots shall be permitted for single-family
detached units only.
B.
Minimum lot size shall be 40,000 square feet, regardless
of the other minimum lot area requirements which may apply in the
district in which the lot is located.
C.
The minimum lot area shall be measured exclusive of
the area of the lane or flag pole.
D.
Only one tier of flag or lane lots per tract will
be permitted. A tier shall be defined as a single row of lots behind
lots which have the required frontage at the street line and lot width
at the minimum front building setback line.
E.
The lot, exclusive of the lane, must meet the required
building lot dimensions for lots of 40,000 square feet as set forth
in this chapter.
F.
Each flag or lane lot shall have its own lane which
shall be owned by the lot owner in fee.
G.
The width of the lane or flag pole portion of the
lot may not be less than 25 feet.
H.
No more than two flag or lane lots shall be permitted
as part of a major subdivision.
I.
The front yard setback for a flag or lane lot shall
be a distance equal to the front yard requirements for the district
in which the lot is located and shall be measured from the point where
the lot first obtains the minimum required lot width.
A.
Requirements for all uses. All uses and activities
established after the effective date of this chapter shall comply
with the following standards in this section. No use shall be permitted
which is noxious or offensive to surrounding properties by reasons
of odor, dust, smoke, gas, vibration, illumination or noise or which
constitutes a public hazard by fire or explosion. No use shall create
any objectionable condition on any other property which would endanger
public health or safety or be detrimental to the use of any other
properties. All applicable standards of the Bucks County Board of
Health, the Pennsylvania Department of Environmental Protection and
the United States Environmental Protection Agency and any other agency
with jurisdiction regarding pollution or contaminants shall be adhered
to by all uses in the Township. This applies to fugitive contaminants,
particulate matter emissions, sulfur compound emissions, toxic materials
and any other air contaminants regulated by the state and federal
authorities; noise, vibration, toxic materials; discharges into watercourses
or into the ground; odors; fire or explosive hazards; and storage
of chemicals or fuels. The most stringent standards shall apply.
B.
Noise control.
(1)
The sound level of any operation shall not exceed
the decibel levels designated below with the following exceptions:
the operation of motor vehicles or other transportation vehicles or
other transportation facilities, emergency alarm signals or time signals.
The sound pressure level shall be measured on the A-Scale with a sound
level meter that conforms to the specifications published by the American
Standards Association. (American Standard Sound Level Meters for Measurement
of Noise and Other Sounds, Z 24.3-1944, American Standards Association,
Inc., New York, New York, shall be used.)
(2)
Sound pressure levels shall be measured at the property
line upon which the emission occurs and shall be limited by the use
category of the adjacent affected property. The maximum permissible
sound pressure levels for smooth and continuous noise shall be as
follows:
|
Use Category
|
Maximum Permitted dBA Level
| |
|---|---|---|
|
Residential
|
55
| |
|
Commercial
|
60
| |
|
Industrial
|
65
|
(3)
If the noise is not smooth and continuous or is radiated
during sleeping hours, one or more of the corrections below shall
be added to or subtracted from each of the decibel levels given herein.
|
Type of Operation or Character of Noise
|
Correction
(Decibels)
| |
|---|---|---|
|
Noise occurs between the hours of 10:00 p.m.
and 7:00 a.m.
|
- 3
| |
|
Noise occurs less than 5% of any one hour period
|
+ 5
|
|
Noise is of periodic character or impulsive
character (hammering, etc.). (In the case of impulsive noise, the
correction shall apply only to the average pressure during an impulse,
and impulse peaks shall exceed the basic standards given above.)
| ||
(4)
Noise from recordings, loudspeakers or public address
system. No musical recordings or advertising and other activity shall
be carried on which shall create noise interfering with the reasonable
enjoyment of adjacent residential properties or which exceeds the
decibel limits set by this subsection.
C.
Smoke control.
(1)
No smoke shall be emitted from any chimney or other
source visible gray greater than No. 1 on the Ringelmann Smoke Chart
as published by the United States Bureau of Mines, except that smoke
of a shade not darker than No. 2 on the Ringelmann Chart may be emitted
for not more than four minutes in any 30 minute period.
(2)
These provisions, applicable to visible gray smoke,
shall also apply to visible smoke of any other color with equivalent
apparent capacity.
D.
Control of dust and dirt, fumes, vapors and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors
or gases which can cause any damage to human health, animals or vegetation
or other forms of property or which can cause any soiling or staining
of persons or property at any point beyond the lot line of the use
creating the emission is herewith prohibited.
(2)
No emission of liquid or solid particles from any
chimney or otherwise shall exceed 0.3 grains per cubic foot of the
covering gas at any point beyond the lot line of the use creating
the emission. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air in the stack
at full load.
E.
Odor control. Odorous material released from any operation
or activity shall not exceed the odor threshold beyond the lot line,
measured either at ground level or habitable elevation. Odor threshold
is defined as the lowest concentration of odorous matter that produced
an olfactory response in normal human beings. Odor thresholds shall
be measured in accordance with ASTM d 1931-57, Standard Method for
Measurement of Odor in Atmosphere (Dilution Method), or its equivalent.
F.
Heat control. No heat from any use shall be sensed
at any property line to the extent of raising the temperature of air
or materials more than one degree Fahrenheit.
G.
Glare. Any operation or activity producing glare shall
be conducted so that direct or indirect light from the source shall
not cause illumination in excess of 0.5 footcandle when measured in
any residential or commercial district.
H.
Vibration control. No use shall cause vibrations exceeding
the maximum values specified in this section. The maximum vibration
is given as particle velocity, which may be measured directly with
suitable instrumentation or computed on the basis of placement and
frequency.
(1)
When computed the following formula shall be used:
|
PV = 6.38 F x D
| ||||
|---|---|---|---|---|
|
PV
|
=
|
Particle velocity, inches per second
| ||
|
F
|
=
|
Vibration frequency, cycles per second
| ||
|
D
|
=
|
Single amplitude displacement of the vibration,inches.
| ||
(2)
At any adjacent lot line, PV shall not exceed 0.10
inch per second; except, within any residential district, PV shall
not exceed 0.02 inch per second. Where vibration is produced as discrete
impulses and such impulses do not exceed a frequency of 100 per minute,
then the values in these values may be multiplied by two.
(3)
Particle velocity shall be the vector sum of three
individual components measured simultaneously in three mutually perpendicular
directions.
I.
Storage and waste disposal.
(1)
No highly flammable or explosive liquids, solids or
gases shall be stored in bulk above ground, except in tanks or drums
of fuel directly connected to energy devices, heating devices or appliances
located and operated on the same lot as the tanks or drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials
and products and all fuel, raw materials and products stored outdoors
shall be enclosed by a chain link fence 10 feet high from grade level.
(3)
No materials or wastes shall be deposited on a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in watertight sealed containers which are adequate to eliminate
such hazards.
(5)
Plans for sewage or waste disposal shall be submitted
to the Bucks County Department of Health and other appropriate governmental
health agencies and shall be designed in accordance with all applicable
regulations pertaining to the treatment and disposal of sewage and
wastes. A certificate or statement of adequacy from said agencies
shall be a prerequisite to the issuance of a zoning or building permit.
(6)
No lot may be used for open dumping of trash, garbage or rubbish. No lot may be used for the storage, keeping or abandonment of junk or scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, except as may be permitted and regulated by § 200-67 or 200-69 for specific uses.
J.
Application of performance standards.
(1)
Any use established or changed to and any building,
structure or land developed, constructed or used for any use or any
accessory use thereto shall comply with all the performance standards
herein set forth.
(2)
If any existing use or building or other structure
is extended, enlarged or reconstructed the performance standards herein
set forth shall apply to such extended, enlarged or reconstructed
portion or portions of such use, building or other structure.
(3)
Determinations necessary for administration and enforcement
of performance standards set forth herein range from those which can
be made with satisfactory accuracy by a reasonable person using normal
senses and no mechanical equipment to those requiring great technical
competence and complex equipment for precise measurement. It is the
intent of this chapter that:
(a)
Where determinations can be made by the Zoning
Officer or other Township employees using equipment normally available
to the Township or obtainable without extraordinary expense, such
determinations shall be so made before notice of violation is issued.
(b)
Where technical complexity or extraordinary
expense makes it unreasonable for the Township to maintain the personnel
or equipment necessary for making difficult or unusual determinations,
procedures shall be available for causing corrections of apparent
violations of performance standards, protecting individuals from arbitrary,
capricious and unreasonable administration and enforcement of performance
standard regulations and protecting the general public from unnecessary
costs for administration and enforcement.
(c)
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of §§ 200-116 and 200-117.
(4)
If, in the considered judgment of the Zoning Officer,
there is probable violation of the performance standards set forth
herein, the following procedures shall be followed:
(a)
The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation, in accordance with the procedures for Enforcement Notices in § 200-87 of this chapter. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer within a time limit set by the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter.
(b)
If there is no reply within the time limit,
but the alleged violation is corrected to the satisfaction of the
Zoning Officer, he shall note "Violation Corrected" on his copy of
the notice and shall retain it among his official records, taking
such other action as may be warranted.
(c)
If there is no reply within the time limit set
and the violation is not corrected to the satisfaction of the Zoning
Officer within the time limit set he shall take or cause to be taken
such action as is warranted by continuation of a violation after notice
to cease.
(d)
If a reply is received within the time limit
set indicating that the alleged violation will be corrected to the
satisfaction of the Zoning Officer but requesting additional time,
the Zoning Officer may grant an extension of time if he deems it warranted
in the circumstances of the case and if the extension will not, in
his opinion, cause imminent peril to life, health or property.
(e)
If a reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violations continue, the Zoning Officer may call on properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of § 200-116.
K.
Exemptions for public utilities. This chapter shall
not apply to any existing or proposed building or extension thereof
used or to be used by a public utility corporation if, upon petition
of the corporation, the Pennsylvania Public Utility Commission shall,
after a public hearing, decide that the present or proposed situation
of the building in question is reasonably necessary for the convenience
or welfare of the public. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the Township have notice of the hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings. A building permit shall be required before construction
commences.
