All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling, or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.
B.
Floodplain soils. All such areas shall not be altered, regraded, or built upon. Roads and utilities may cross floodplain soils where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where a floodplain has been delineated in accordance with the Warwick Township Floodplain Ordinance.[2]
[Amended 3-16-2015 by Ord. No. 2015-5]
C.
Steep slopes. In areas of steep slopes, the following standards shall apply:
(1)
Eight percent to 15%: No more than 40% of such areas shall be altered, developed, regraded and/or stripped of vegetation.
(2)
Fifteen percent to 25%: No more than 30% of such areas shall be altered, developed, regraded and/or stripped of vegetation.
(3)
Twenty-five percent or more: No more than 15% of such area shall be altered, developed, regraded and/or stripped of vegetation.
D.
Woodlands. The following standards shall apply to woodlands:
(1)
Woodlands in environmentally sensitive areas: No more than 10% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared, and/or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes (greater than 25%), wetlands, wetland margins, and lake or pond shorelines.
E.
Streams, watercourses, wetlands, lakes, or ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted, or built upon except that roads and utilities may cross streams, watercourses, and wetlands where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
(1)
In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers (ACOE) is shown to vary from the wetlands boundary derived from the definition in § 195-9 of this chapter, the ACOE delineation will govern. The wetlands margin will then be measured from the ACOE-delineated boundary.
F.
Lake or pond shorelines. No more than 20% of such areas shall be altered, regraded, filled or built upon.
G.
Stormwater. All applicants proposing development in the Township should review their proposals with the Township to assess the impacts and the potential for development of regional stormwater controls. All stormwater management plans must comply with the Storm Water Management Act (Act 167) and the Pennsylvania Dam Safety and Encroachments Act (Act 325) and Warwick Township stormwater management ordinances.[3]
H.
Soil erosion and sedimentation. All uses shall protect streams, lakes, and ponds from sedimentation damage and control erosion in accordance with the Clean Streams Law, P.L. 187, Chapter 102,[4]except that in addition, all subdivision and land developments shall submit a soil erosion and sedimentation plan as part of the preliminary subdivision or land development plan even where they are less than 25 acres in extent.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
I.
Sewage disposal.
(1)
All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the Warwick Township Sewage Facilities Plan and the Bucks County Department of Health. The applicant shall demonstrate compliance with the requirements of this section for all applications for zoning or building permits.
(2)
Where an existing or proposed on-site sewage treatment system with either surface discharge or subsurface discharge is proposed adjacent to a stream or water body, including lakes, ponds, and wetlands, it shall be set back not less than 300 feet from the edge or bank of such stream or water body to ensure that the contaminated water moves through the soil a sufficient distance to allow contaminants to be removed by the soil before discharging into a stream or water body.
J.
Prime farmland in the RA District. On a tract(s) containing 20 acres or more, no more than 50% of prime farmland as defined in § 195-9 of this chapter may be developed.
K.
Riparian corridor preservation.
(1)
Establishment. The establishment of the Riparian Corridor Conservation District (RCCD) applies to all streams and tributaries as well as perennial and intermittent streams leading to those streams and including all lakes and ponds shown on the map included in the Township's Official Sewage Facilities Plan (Act 537 Plan).
(2)
A residential lot legally in existence as of the effective date of this chapter may expand the area of the principal building on the lot by not more than 25% of the ground-floor area of the principal building on the property as of the effective date of this chapter without the provisions of the RCCD being applicable.
(3)
Measurement of the RCCD boundary shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at the top of the bank, or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The district will consist of two distinct zones designated as:
(a)
Zone One.
[1]
This zone will begin at each edge of an identified waterway (which can include wetlands and intermittent watercourses) and occupy a minimum width of 25 feet measured horizontally on a line perpendicular to the top-of-bank. The width of Zone One may be required to extend beyond the minimum 25 feet depending upon existing topography, woodlands, and other natural conditions.
[2]
Where steep slopes (in excess of 25%) are located within 25 feet of a municipally designated watercourse, Zone One shall extend the entire distance of this sloped area. If the distance of this sloped area is greater than 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total corridor width (Zone One and Zone Two) will be 75 feet maximum.
(b)
Zone Two.
[1]
This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One, unless modified herein.
[2]
Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.
(c)
Width determination. The developer, applicant, property owner or designated representative shall be responsible for the initial width determination of the riparian corridor and identifying this area on any plan that is submitted to the municipality for subdivision, land development, or other improvements that require plan submissions or permits. This determination shall be subject to review by the Township Engineer.
(4)
Uses permitted in the RCCD. The following uses are permitted, either by right or as a conditional use, in the RCCD. Within any corridor, however, no construction, development, use, activity, or encroachment shall be permitted unless the activity is described in the corridor management plan.
(a)
Zone One.
[1]
Uses permitted by right. Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:
[a]
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation in compliance with the guidelines of the corridor management plan.
[b]
Stream bank stabilization in compliance with the guidelines of the corridor management plan.
[c]
Corridor crossings by livestock.
[2]
Uses permitted by conditional use:
[a]
Corridor crossings of recreational trails, roads, railroads, centralized sewer and/or waterlines, and public utility transmission lines, provided that any disturbance is offset by corridor improvements identified in the corridor management plan.
[b]
Selective cutting of extremely high economic value trees when removal is consistent with approved standards in the corridor management plan and complies with § 195-16A(5).
(b)
Zone two.
[1]
Uses permitted by right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone Two:
[a]
Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with methods prescribed by Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
[b]
Reforestation in compliance with the guidelines of the corridor management plan.
[c]
Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two.
[d]
Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Chapter 102 of Title 25 of the Pennsylvania Administrative Code.
[e]
Corridor crossings by livestock.
[2]
Uses permitted by conditional use:
[a]
New agricultural uses in compliance with methods prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative Code.
[b]
Corridor crossings of roads, railroads, centralized sewer and/or waterlines, and public utility transmission lines, provided that any disturbance is offset by corridor improvements identified in the corridor management plan.
[c]
Centralized sewer and/or waterlines and public utility transmission lines running along the corridor, provided that any disturbance is offset by corridor improvements identified in the corridor management plan. These lines shall be located as far from Zone One as practical.
[d]
Selective cutting of trees when removal is consistent with approved standards in the corridor management plan and complies with § 195-16A(5).
[e]
Passive-use areas such as camps, campgrounds, picnic areas, and golf courses. Active recreation areas such as ball fields, playgrounds, and courts, provided these uses are designed in a manner that will not permit concentrated flow.
[f]
Naturalized stormwater basins in compliance with the guidelines in the corridor management plan. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses.
(5)
Uses specifically prohibited in the RCCD. Any use or activity not authorized by Subsection L(4) of this section shall be prohibited within the RCCD. By way of example, the following activities and facilities are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation within Zone One or Two except where such clearing is necessary to prepare land for a use permitted herein and where the effects of these actions are mitigated by revegetation, as specified herein.
(c)
Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a corridor management plan approved by the Township.
(d)
Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and corridor protection.
(e)
Storage of any hazardous or noxious materials.
(f)
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Bucks County Conservation District.
(g)
Roads or driveways, except where permitted as corridor crossings herein.
(h)
Motor or wheeled vehicle traffic in any area not designated to accommodate adequately the type and volume.
(i)
Parking lots for a use permitted herein.
(j)
Subsurface sewage disposal areas.
(k)
Sod farming.
(l)
Topsoil removal.
(6)
Inspection of Riparian Corridor Conservation District.
(a)
Lands within or adjacent to an identified Riparian Corridor Conservation District shall be inspected by the Township Engineer when:
(b)
The district may also be inspected periodically by the municipal representatives for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.
(7)
Management of the Riparian Corridor District.
(a)
Corridor management plan. Within any Township-identified corridor area, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by implementation of an approved corridor management plan.
(b)
The developer, applicant or property owner shall submit to the Township Engineer a corridor management plan, prepared by a landscape architect, engineer, or other qualified professional, which fully evaluates the effects of any proposed uses on the Riparian Corridor Conservation District. The corridor management plan shall identify the existing conditions (vegetation, one-hundred-year floodplain, soils, slopes, etc.), all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to the Riparian Corridor Conservation District. The plan shall be approved by Township Council as part of the subdivision and land development process.
(c)
Vegetation selection. To function properly, dominant vegetation proposed to be planted in the corridor management plan shall be selected from a list of plants most suited to the riparian corridor. Plants not included on the lists may be permitted when evidence is provided from qualified sources certifying their suitability.
[1]
In Zone One, dominant vegetation shall be composed of a variety of native riparian tree and shrub species and appropriate plantings necessary for stream bank stabilization.
[2]
In Zone Two, dominant vegetation shall be composed of riparian trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.
[3]
Disturbed areas shall be revegetated with riparian corridor plants, in compliance with an approved corridor management plan.
[4]
Areas that cannot be revegetated shall be restored in compliance with an approved corridor management plan.
[5] MEADOWS OLD FIELDS WOODED AREAS
Where natural wooded areas, meadows, and old fields do not exist within the stream protection area, the applicant shall be required to either plant native species characteristic of the indigenous vegetation community or allow the adjacent areas to become reestablished by native plant communities through the natural process of succession. For the purpose of this section, "native species" shall include wooded areas, meadows, and old fields and shall be defined as follows:
A natural community consisting primarily of herbaceous plant material, such as grass, sedges and reeds, with few or no woody plants.
Areas consisting primarily of herbaceous plant species, such as goldenrod, buttercups, milkweed and daisies, with some woody plant species, such as cedars, sumac, blackberries, and raspberries.
Areas consisting of oak, chestnut, hickory or hardwood species characteristic of the original forests of southeastern Pennsylvania, including ash, beech, maple, birch, dogwood, and others. Wooded areas generally consist of a well-developed canopy with understory trees, shrubs, and herbaceous layer and provide valuable aesthetic and environmental benefits, including wildlife habitat and erosion control.
(8)
The disturbance standards described in this section shall apply to all uses and activities established after the effective date of this chapter, provided that residential accessory uses will be permitted in the RCCD on residential lots in existence as of the effective date of this chapter.
In order to meet the natural resource protection standards of § 195-60, the applicant shall provide the following information with application for a zoning permit or building permit, and/or for application for subdivision and land development approval.
A.
For all uses on lots established by subdivision approved after the effective date of this chapter:
(1)
All lots shall have a contiguous buildable area of at least an area as indicated below within the overall lot which does not encroach upon natural features to an extent greater than allowed by § 195-60. The purpose of the identification of a buildable area is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements, and site alterations while meeting the natural protection standards and minimum setback requirements of this chapter.
(2)
For uses with on-lot sewage systems, an area not less than 3,000 square feet shall be identified for location of the sewage disposal system in addition to the "buildable area" specified in Subsection A(1) above. Such additional area shall not include natural features with a one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in this article.
(3)
Applicants for zoning permits and/or subdivision or land development approval shall submit the following information:
B.
The following site capacity calculations shall be submitted with applications for all subdivisions and land developments classified in the Subdivision and Land Development Ordinance[1] as major subdivisions and land developments. Through these calculations, the net buildable site area, maximum number of lots or dwelling units, maximum amount of impervious surface, and required open space will be determined for the site.
(1)
Base site area. Calculate the base site area. From the total site area, subtract future road rights-of-way (for existing roads); land which is not contiguous or which is separated from the parcel by an arterial or collector road, railroad, Neshaminy Creek or Little Neshaminy Creek; or land shown on previous subdivision or land development plans as reserved for open space and/or natural resource protection.
| Total site area | - | acres | |
| Base site area | = | acres | |
| acres |
(2)
Land with resource restrictions and resource protection land. All land within the base site area shall be mapped and measured for the purpose of determining the amount of land that is nonbuildable due to the presence of natural resources. First, indicate the entire amount of natural resources that exist on the tract. Calculate the amount of land containing the natural resource that is required to be preserved by multiplying the amount of land in resource by the resource protection ratio. In the event that two or more natural resources overlap, only the resource with the highest protection ratio shall be used in the calculations.
(a)
The following standards shall apply to all zoning districts, unless the tract of land is less than 20 acres in size and located in the RA Zoning District:
| Resource | Resource Protection Ratio | Acres of Land in Resource | Acres of Resource Protection Land | |||
|---|---|---|---|---|---|---|
| Floodplain | 1.00 | X | _____ | = | _____ acres | |
| Floodplain | 1.00 | X | _____ | = | _____ acres | |
| Floodplain soils | 1.00 | X | _____ | = | _____ acres | |
| Lakes or ponds | 1.00 | X | _____ | = | _____ acres | |
| Riparian buffer | 1.00 | X | _____ | = | _____ acres | |
| Wetlands | 1.00 | X | _____ | = | _____ acres | |
| Wetlands margins | 0.80 | X | _____ | = | _____ acres | |
| Lake or pond shorelines | 0.80 | X | _____ | = | _____ acres | |
| Steep slopes | 1.00 | X | _____ | = | _____ acres | |
| (25% or more) | 0.85 | X | _____ | = | _____ acres | |
| (15% to 25%) | 0.70 | X | _____ | = | _____ acres | |
| (8% to 15%) | 0.60 | X | _____ | = | _____ acres | |
| Watercourse | 1.00 | X | _____ | = | _____ acres | |
| Woodlands | ||||||
| Environmentally sensitive | 0.90 | X | _____ | = | _____ acres | |
| Other | 0.80 | X | _____ | = | _____ acres | |
| Total land with resource restrictions | _____ acres | |||||
| Total resource protection land | _____ acres | |||||
(b)
For all tracts of land on the RA District which are 20 acres or greater in size, the following standards shall apply:
| Resource | Resource Protection Ratio | X | Acres of Land in Resource | = | Acres of Resource Protection Land | |
|---|---|---|---|---|---|---|
| Prime farmland | 0.50 | X | _____ | = | _____ acres | |
| Watercourses | 1.00 | X | _____ | = | _____ acres | |
| Floodplain | 1.00 | X | _____ | = | _____ acres | |
| Floodplain soils | 1.00 | X | _____ | = | _____ acres | |
| Lakes or ponds | 1.00 | X | _____ | = | _____ acres | |
| Riparian buffer | 1.00 | X | _____ | = | _____ acres | |
| Wetlands margins | 0.80 | X | _____ | = | _____ acres | |
| Lake or pond shorelines | 0.80 | X | _____ | = | _____ acres | |
| Steep slopes | X | _____ | = | _____ acres | ||
| (25% or more) | 0.85 | |||||
| (15% to 25%) | 0.70 | |||||
| (8% to 15%) | 0.60 | |||||
| Woodlands | X | _____ | = | _____ acres | ||
| Environmentally sensitive | 0.90 | |||||
| Others | 0.60 | |||||
| Total land with resource restrictions | X | _____ | = | _____ acres | ||
| Total resource protection land | _____ acres | |||||
(3)
Net buildable site area. Calculate the net buildable site area:
| Base site area | - _____ acres | |
| Subtract resource protection land | - _____ acres | |
| Net buildable site area | - _____ acres |
| Note: Calculation of NBSA is required only for those residential uses with a specified density requirement. Skip to Subsection B(5) when the proposed use is nonresidential or does not have a maximum density requirement. |
(4)
Number of dwelling units/lots. Calculate the maximum number of dwelling units:
| Net buildable site area | = _____ acres | |
| Multiply by applicable density1 | _____ acres | |
| Maximum allowable dwelling units2 | _____ dwelling acres |
| NOTES: | ||
|---|---|---|
| 1 | If applicable sections of this chapter do not specify an allowable maximum density, this section shall not be applicable. The number of lots shall be determined by the tract area remaining after subtraction of the required open space and resource protection areas. | |
| 2 | For cluster subdivisions, maximum number of units shall not exceed the requirements of § 195-16, Use B2. | |
(5)
Open space requirements.
(a)
Common open space (COS). Twenty percent common open space area shall be provided in all subdivisions and land developments identified as major subdivisions and land developments in the Subdivision and Land Development Ordinance,[2] and shall contain no more than 70% land with natural resource restrictions.
| Base site area [Subsection B(1) above] | x _____ acres | |
| Multiply by common open space ratio3 | = _____ | |
| Common open space | _____ |
(c)
Total required open space.
| Common open space | + _____ acres | |
| Add active open space | = _____ | |
| Total required open space | _____ acres |
A.
Purpose of open space. In order to ensure adequate open space, agricultural and recreational areas to serve the future residents of Warwick Township, all residential land developments, industrial and office park developments, and major residential subdivisions shall include suitable and adequate open space and recreation areas and/or facilities to serve the needs of the residents of the community.
B.
Layout and quality of open space.
(1)
Common open space.
(a)
Common open space shall be a parcel or parcels of land within a development site logically located and interrelated, interconnected and designed to disperse density and separate individual development clusters. Common open space shall not include any streets or street rights-of-way, off-street parking areas, stormwater management facilities (including, but not limited to, detention basins), minimum required yard areas, minimum lot areas or areas required for active open space. Common open space shall be free of surface structures except those existing structures determined by the Township to be of historical or aesthetical importance. Common open space may contain subsurface structures, conduits, pipes or other utilities determined to be necessary by the Township, provided that they are properly restricted and subject to necessary easements to the satisfaction of the Township. Required common open space areas may include no more than 70% natural resources protection area, provided that the location and configuration of the proposed common open space meets the requirements of this definition as determined by the Township. Common open space may be set aside and maintained in one or a combination of the ways upon approval of the Township as set forth in this chapter.
(2)
Active open space.
(a)
Active open space shall be a parcel of land located by determination of the Township, which is generally flat, dry, and clear of any trees or other vegetation other than grass (exclusive of required yard and buffer areas) and which is suitable for agricultural use or active recreational use, such as baseball, football, soccer, tennis, basketball, or other general municipal or school district uses. Active open space areas shall not merely be left over or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles. Except where the active open space is suitable for and restricted to agricultural uses, active open space shall be accessible to a maximum number of residents. Active open space shall be one single area or a few large areas linked by a common means of access and circulation. Active open space shall be contiguous to the developed area and not separated from it by existing roads or streets unless safe pedestrian access can be provided. Active open space areas shall be developed by the applicant according to the Township requirements. In general, active open space shall have an area of not less than five acres. If, based on the requirements of this chapter, a tract of less than five acres would result, the Board may require such land to be located on the periphery of the development so that a tract of sufficient size will result when additional active open space land is obtained via dedication when adjacent land is developed. The recreation facilities or other general municipal or school district uses and design of active open space areas shall be subject to the approval of the Board of Supervisors. At the discretion of the Township Supervisors, the required active open space, recreational facilities, or other general municipal or school district uses may be provided.
(3)
Ownership of open space. The following forms of open space shall be acceptable. The Township Board of Supervisors shall determine which form is appropriate for each development:
(a)
Dedicated open space: "Dedicated open space" is defined as an area or areas dedicated in fee simple to the Township for use by all residents or general municipal or school district uses.
(b)
Homeowners' association: ownership by a planned community association incorporated in accordance with the Planned Community Act (68 Pa.C.S.A. § 5101 et seq, as amended), and established to the satisfaction of the Township Solicitor.
(c)
Private ownership: When the Board of Supervisors is assured through easement and restrictions of record that the property may only be used for agricultural purposes, the Board of Supervisors may approve private ownership of the open space. The easement or restriction of record shall include a clause providing that the open space shall revert to the Township in the event it is no longer used for agriculture.
(4)
Fee-in-lieu of open space. Where the Board of Supervisors, after conferring with the Park and Recreation Board, finds that, because of the size, shape, location, accessibility, contour, or slope of the land or other physical features, any of the land to be provided as active or common open space by this chapter (the Zoning Ordinance) herein is unsuitable for recreation purposes or other general municipal or school district uses as required by this chapter, the Supervisors shall require the payment of a fee in lieu of such land to the Township prior to approval of each final section of the overall plan by the Board of Supervisors. Said fees shall be used for acquisition, development, expansion, or maintenance of recreation and open space land.
(a)
The amount of the fee shall be 100% of the fair market value of the improved land in the particular subdivision, determined at the time of final plan approval. If agreement cannot be reached between the developer and the Township on this value, the amount shall be determined by an independent, licensed land appraisal firm acceptable to the Township and developer who shall offer the value based on the value of land upon which houses can be built subsequent to the approval of the final plan. The appraiser shall be hired by the Township and the appraisal costs shall be equally divided between the developer and the Township.
(5)
Recreation facilities. Recreation facilities must be provided for active open space areas as per the requirements of Chapter 163, Subdivision and Land Development.
(6)
Cumulative open space requirements. Any subdivision or land development of any tract which occurs after November 16, 1998, the effective date of the 1998 Warwick Township Zoning Ordinance, will be cumulative for the purpose of determining the number of lots in order to calculate active open space requirements set forth in Article III, Use Regulations, of this chapter. The required open space shall be based on the total (cumulative) number of lots or units as of the most recent subdivision. The total (cumulative) number of lots shall be calculated by adding the number of lots in the current subdivision to the number of lots subdivided from the parcel in existence as of the effective date of this subsection.
Buffering serves to soften the outline of buildings, screen glare and noise, and create a visual and/or physical barrier between conflicting land uses.
A.
The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. The impact of the proposed use on adjoining properties is the basis for establishing buffer yard standards.
B.
To determine the required buffer yard and planting schedule, a three-step procedure shall be followed.
| Step 1: | Site analysis and determination of buffer yard class | |
| Step 2: | Selection of the planting option for the buffer class | |
| Step 3: | Selection of the plant materials from the plant materials list |
(1)
Site analysis and determination of buffer yard class. For each property boundary, the applicant shall determine the adjacent land use or street classification. Land use information shall be determined by an on-site survey. Chapter 163, Subdivision and Land Development, shall be utilized to determine street classifications (refer to Appendix[1]). The applicant shall match the proposed land use with the corresponding adjacent land use, Zoning District, or street classification for each property boundary (refer to Table 1[2]). The letter indicates the buffer yard class, unless otherwise specified for a specific use set forth at § 195-15 or 195-16.
[Amended 3-7-2011 by Ord. No. 2011-1]
[1]
Editor's Note: See Appendix E: Street Name and Classification List, included at the end of Ch. 163, Subdivision and Land Development.
[2]
Editor's Note: Table 1 is included at the end of this chapter.
(2)
Selection of the planting option for the buffer class.
(a)
After determining the buffer class, the applicant shall select a planting option from Table 2.[3] For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary. The Board of Supervisors may consider an alternative planting option and/or use of solid fencing which shall have a screening capability equal to, or greater than, any of the available options.
[3]
Editor's Note: Table 2 is included at the end of this chapter.
(b)
The options included indicate the amount of plant material that is required per linear foot of property line. Plantings are not required to be aligned on property or right-of-way boundaries, but may be located on any appropriate portion of the buffer yard. Grouping of plant materials is encouraged, except where a solid screen is desirable.
(3)
Selection of plant materials from the plant materials list. Each planting option may utilize plant materials outlined in the Subdivision and Land Development Ordinance.[4] The Board of Supervisors may permit other planting types if they are hardy to the area, are not subject to blight or disease, and are of the same general character and growth habit as those listed in the Subdivision and Land Development Ordinance. Solid fencing may also be used when approved by the Board of Supervisors.
(4)
The applicant may be relieved of the requirement to install buffer yard plantings should existing vegetation, topography, or man-made structures be deemed acceptable for screening purposes by the Board of Supervisors.
C.
Planting materials shall be in accordance with the planting requirements and acceptable plant lists set forth in the Warwick Township Subdivision and Land Development Ordinance (Chapter 163 of this Code).
D.
General buffer yard requirements.
(1)
The buffer yard may be coterminous with required front, side, or rear yards and, in case of conflict, the larger yard requirements shall apply.
(2)
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass in conformance with existing regulations.
(3)
No structure, manufacturing, or processing activity, parking or other paved surfaces, or storage of materials shall be permitted in the buffer yard except access driveways and fences permitted pursuant to § 195-16B(12) of this chapter.
[Amended 6-18-2018 by Ord. No. 2018-1]
(4)
At a minimum, a Class B buffer shall be maintained along each side and/or rear property line where other than a B1 residential use directly abuts an existing residential use.
(5)
Planting design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses where a dense, visual screen is encouraged.
(6)
The buffer yard may be part of the open space area or individual lots.
(7)
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards, the placement, species and size of all plant materials, and the placement, size, materials, and type of all fences to be placed in such buffer yard shall be reviewed by the Zoning Officer, Township Engineer, and/or Planning Commission (where applicable) to ascertain that the plans are in conformance with the terms of this chapter.
In the event that an applicant proposes to alter, clear, or regrade an area of woodlands in excess of the maximum permitted by §§ 195-60 and 195-61, the applicant shall be required to reforest the area of woodlands which was required to be preserved and shall not develop or disturb any portion of the reforested area. Reforestation of the lot is in accordance with the following formula:
A.
The total number of caliper-inches of the trees to be removed, in excess of the 20% permitted by right, shall be determined.
B.
The resulting figure shall be multiplied by 0.80 to determine the total number of caliper-inches to be replaced on the lot.
C.
The amount of caliper-inches determined in Subsection B above shall then be divided by three to determine the total gross number of trees to be planted on the lot for reforestation.
D.
Replacement trees shall meet the following specifications:
(2)
The types of trees to be planted shall be selected on the basis of the tree list and guidelines found in this article. Trees shall be compatible with existing forest association.
(3)
Up to 25% of the new trees to be planted may be of the coniferous variety.
(4)
Where 25 or more trees need to be planted to meet the reforestation requirements, a minimum of three tree species shall be planted.
E.
Trees required to be planted under these reforestation procedures shall be in addition to any street trees or buffer requirements which this article or any other applicable ordinance shall require.
F.
Replacement trees may be dispersed throughout the proposed development or throughout Warwick Township at locations approved by the Board of Supervisors.
[Amended 6-18-2018 by Ord. No. 2018-1]
H.
Commercial forestry operations shall be defined and regulated by § 195-16A(5) of this chapter. Additionally, no permit shall be required for the removal or clearing of nursery stock in the normal operation of a nursery where trees or shrubs are raised for sale and where such nursery is a permitted use.
A.
No smoke shall be emitted from any chimney or other source of 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. 3 on the Ringelmann Chart may be emitted for not more than three minutes in any 60 minutes.
B.
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.
A.
No emission shall be made which can cause any damage to health, to animals or vegetation, or to other forms of property which can cause excessive soiling at any point.
B.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 100 milligrams per cubic meter of the emitting gas at any point at 70° F. and one atmosphere.
A.
General.
(1)
Noise shall be measured with a calibrated Type II sound level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements are to be made at any point on the boundary line of any residential, commercial or other district property within the Township.
(2)
Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch or drop forge hammer. Measurements are to be made at any point on the boundary line of any residential, commercial or other district property within the Township.
(3)
In all zoning districts, as defined and designated under the provisions of the Code of Warwick Township, at no point on or beyond the boundary of any adjacent property shall the sound level of any person, property, residence, business or corporation exceed the dBA levels shown in Table I below. Between the hours of 10:00 p.m. to 7:00 a.m., the permissible sound levels shall be reduced by 20 decibels as measured under the test procedures established under this chapter.
B.
Exemptions. The following are exempt from the provisions of these regulations:
(1)
Police, fire, ambulance and other governmental emergency vehicles.
(2)
Occasionally used safety signals, warning devices and emergency pressure relief valves.
(3)
Governmental warning devices.
(4)
Aircraft (except model aircraft).
(5)
Temporary construction, specifically authorized by the Township.
(6)
The work to provide electricity, water or other utilities when public health or safety is involved.
(7)
Public celebrations specifically authorized by the Township.
C.
Permissible sound levels. The following table describes the maximum pressure level permitted from all properties located in any zoning district, as defined and designated by the Code of Warwick Township. The noise level shall be measured from any point on or beyond the boundary line of any adjacent property.
| Table I | ||
|---|---|---|
| Maximum Permitted Sound Levels From Any Source | ||
| [Decibels (dBA)] | ||
| Sound Measured In | Continuous Slow Meter Response | Impact Fast Meter Response |
| Residential districts | 50 | 60 |
| Commercial districts | 65 | 75 |
| All other districts | 70 | 80 |
D.
Vibration.
(1)
Vibration shall be measured at or beyond any adjacent lot line indicated in Table II below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(2)
The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
| PV = 6.28 F x D | |||
| Where: | |||
| PV | = | Particle velocity, inches per second | |
| F | = | Vibration frequency, cycles per second. | |
| D | = | Single amplitude displacement of the vibration, inches. | |
(3)
The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table II.
| Table II | |||
|---|---|---|---|
| Maximum Ground-Transmitted Vibration for O District | |||
| District | Particle Velocity Adjacent Lot Line (in inches/second) | In Inches/Second Residential Districts | |
| O Office | 0.10 | 0.02 | |
| Table II | |||
|---|---|---|---|
| Maximum Ground-Transmitted Vibration for C1 C2, C3, VC, VC 2 and LI Districts | |||
| Districts | Particle Velocity Adjacent Lot Line (in inches/second) | In Inches/Second Residential Districts | |
| C1, C2, C3, VC and VC 2 Commercial Districts | 0.20 | 0.02 | |
| LI Limited Industrial District | 0.20 | 0.02 | |
| NOTE: Where vibration is produced as discrete impulses, and such impulses do not exceed frequency of 100 per minute, then the values in Table II may be multiplied by two. |
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at a lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 1 (Order Thresholds in Air), Research on Chemical Odors: Part I - Order Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists' Association, Inc., Washington, D.C.
There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance, except from domestic household appliances, adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
This section provides for the regulation of intense heat and glare, specifically for outside lighting to reduce the intensity to the minimum required for safety and commercial purposes and to reduce to an absolute minimum the spillover of light and glare, horizontally and skyward for persons on adjacent properties, roads, operators of motor and other types of vehicles and pedestrians.
A.
Standards.
(1)
All zoning districts of the Township:
(a)
This chapter shall apply when exterior lighting is first installed or substantially modified. Cumulative modification or replacement of exterior lighting constituting 25% or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a substantial modification for purposes of this section.
(b)
An exterior lighting plan is required to be submitted for the Township's review and approval whenever an application for a zoning permit, building permit, or land development is made. The lighting plan must include all the information necessary for the Township to ensure that the outdoor lighting complies with the requirements of this section, and prior to issuance of a zoning permit and construction of the outdoor lighting installation. The submission shall contain, but shall not necessarily be limited to, the following:
[1]
Plans indicating the location on the premises of each illuminating device, both proposed and any already existing, on the site;
[2]
Description of all illuminating devices, fixtures, lamps, supports, reflectors, both proposed and existing. The description may include, but is not limited to, catalog cuts and illustrations by manufacturers (including sections where required);
[3]
Photometric data, such as that furnished by manufacturers or similar data showing the angle of cutoff of light emissions; and
[4]
Descriptions and data sufficiently complete to enable the official or reviewer to readily determine whether compliance with the requirements of this chapter will be secured. If such plans, descriptions and data cannot enable this ready determination, the application shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so, provided that these tests shall have been performed and certified by a recognized testing laboratory.
(c)
Any operation producing intense heat shall be performed within an enclosed building or behind adequate shielding in such manner as not to create a nuisance to those working or living in the area.
(d)
Parking, loading, ingress and egress areas of commercial, industrial, office, institutional, and multifamily uses shall be provided with a minimum of 0.9 footcandle (with corresponding uniformity ratios for maximum to minimum and average to minimum of 20:1 and 4:1 respectively) of illumination at any point on the intended area on the ground consistent with the use.
(e)
All outside lighting shall be directed such that the projected light and glare are within property or lighting area lines with the cutoff angle arranged to avoid projecting light on adjacent properties, roads or skyward. Cutoff angles shall not exceed 72° from the vertical.
(f)
All luminaries shall be designed or equipped with shielding so that the light source (bulb, filament, etc.) within the luminaire is not visible outside the intended illuminated area. The intended illuminated area shall not extend beyond the boundaries of the property on which the light source is located.
(g)
The spacing and height of poles should be designed to provide uniform ground illumination with a minimum number of poles and the lowest possible height of poles while minimizing stray light outside the intended lighted area and skyward. The maximum pole height for residential areas shall be 12 feet; parking lots for commercial and institutional areas shall be 20 feet; and 25 feet for parking lots in industrial areas. Lighting, other than parking lot lighting, for commercial, institutional, and industrial areas shall not exceed 16 feet in height. The height of poles on state highways shall be governed by PennDOT requirements.
(h)
The use of energy-efficient lighting sources is encouraged. Where possible, outside lighting sources should be timer and photocell controlled. With this arrangement, the "on" time is set first by a timer and then by photocell with the timer determining the "off" time. Motion-sensitive lighting shall be used on site where possible.
(i)
Structural lighting for commercial, industrial, institutional and residential properties shall be designed such that luminaries are directed at the structure as opposed to lighting from the structure outward with a minimum of stray light. Light source shielding and cutoff requirements must meet the requirements of this section.
(j)
The use of searchlights, laser source lights, strobe lights, flashing lights and similar high-intensity lighting is prohibited unless required by civil authorities.
(k)
Lights for sports and recreational uses, including recreational uses accessory to residential uses, must comply with the requirements of this chapter as well as the Pennsylvania Uniform Construction Code as adopted by Warwick Township.[1] The permit application requesting lights for sports and recreational uses shall include a design plan.
(l)
All nonresidential uses shall apply outside lighting at dusk, and lighting shall be turned off or greatly reduced during the hours when the use is closed for business.
(m)
Except as otherwise permitted in this section, the incident illumination spill projected onto any nonresidential property from another property shall not exceed 0.2 vertical footcandle, measured at grade at the common property line, and the intensity of illumination projected onto a residential property from another property shall not exceed 0.1 vertical footcandle, measured at grade at the common property line. The intensity of illumination projected onto adjoining public roadways shall not exceed 0.5 vertical footcandle.
(n)
Lighting standards to the rear of the parking spaces shall be placed a minimum of five feet outside paved areas; on concrete pedestals at least 30 inches above the pavement; or suitably protected by other means approved by the Township.
(o)
Lighting exempt from these regulations:
[1]
Lighting in swimming pools and other water features governed by Article 680 of the National Electric Code.
[2]
Exit signs and other illumination required by building codes.
[3]
Lighting for stairs and ramps, as required by the building codes.
[5]
Holiday and temporary lighting (less than 30 days in a calendar year).
[6]
Low-wattage, low-intensity landscape lighting is exempt from this requirement providing stray light does not infringe on adjacent or nearby properties or roads.
(p)
Luminaires which do not meet the strict definition for cutoff luminaires, yet employ advanced or alternative technology which causes the photometric performance to approach that of cutoff luminaires, may be approved by the Township on a case-by-case basis. Such luminaires include, but are not limited to, period-style luminaires with refractive globes and internal cutoff reflectors.
(2)
Additional requirements:
(a)
Residential security lighting.
[1]
All security lighting fixtures shall be shielded and aimed so the illumination is directed at only to the designated area and not cast on other areas. In no case may the light extend past the property line nor shall lighting be directed above a horizontal plane through the top of the fixture, and said fixture shall include shields that prevent the light source or lens from being visible from the adjacent properties, roadways and sidewalks.
[2]
All residential security lighting shall include primers and motion sensors to be designed to be off unless triggered or such triggering shall be limited to movement occurring exclusively on the subject property. Once triggered, security lighting shall remain on for not more than five minutes without manual intervention.
(b)
Residential lighting.
[1]
The use of general floodlighting fixtures for other than occasional use shall be prohibited. All residential spot or floodlamps are to be aimed at no higher than 60° below horizontal. In no case shall the spot or floodlamp be aimed above the roof eave.
[2]
The light source or bulb for all exterior lights shall not be directly visible from the adjacent properties or roadways.
[3]
Temporary seasonal lighting displays are permitted; however, flood or spotlighting associated with such displays must conform with this chapter.
[4]
All lighting in model or sample homes, except security lights illuminated by a motion detector, shall be turned off within one hour of the sample or model home closing for the day or 9:00 p.m. prevailing time, whichever is earlier.
[5]
Only low-output, fully shielded, luminaires may be utilized for landscape lighting, and the use of spotlights or floodlights is specifically prohibited. Lighting fixtures shall not be directed towards adjacent streets or roads nor shall they contribute glare, disabling glare, discomfort player, light trespass, or sky glow.
(c)
Private outdoor recreation lighting.
[1]
Outdoor lighting of private tennis courts and sports courts shall be permitted only by conditional use. The applicant shall bear the burden of proving that the proposed lights do not impact or offend abutting property owners or the community in general. In no case may such lights be placed on properties of less than three acres and in no case may the light be closer than 200 feet to the nearest property line. The Board of Supervisors may, at its sole discretion, require the addition of buffer plantings or exercise other options to minimize the impact lights have on neighboring properties, roads, and/or the community at large.
[2]
All luminaires shall be designed or equipped with shielding so that the light source (bulb, filament, etc.) within the luminaire is not visible outside the intended illuminated area. The intended illuminated area shall not extend beyond the boundaries of the property on which the light source is located. All light shall be limited to 15 feet in height and be extinguished by 10:00 p.m. Lighting fixtures shall be specified, mounted and aimed so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.
(d)
Outdoor sports and recreational lighting. These regulations apply to all sports and recreational facilities including, but not limited to, ball fields, ballparks, stadiums, tennis courts, basketball courts, soccer fields, recreation fields, swimming pools, skating rinks, golf driving ranges, golf courses, and the like. Where permitted, the outdoor lighting of sports and recreational facilities shall comply with the following requirements:
[1]
The requirements of this subsection apply to all outdoor lighting installations employed for nighttime area illumination of sports and recreational facilities. All sports and recreational facilities shall be illuminated with the following two systems:
[a]
Performance area lighting. This is the lighting directed upon the field, court, rink, etc., to illuminate the sports/recreational activity taking place upon/within that facility. The maximum permitted post height for the performance area lighting is 60 feet. Post height shall be limited to minimum height necessary to meet the performance area lighting needs of that specific sports/recreational use as determined by the Township.
[b]
General area lighting. This is a low-level lighting system used to facilitate pedestrian circulation, patrons leaving the facility, cleanup, nighttime maintenance, etc. General area lighting shall meet all of the requirements listed above.
[2]
Use of cutoff luminaires required. All luminaires employed in outdoor sports and recreational lighting installations shall be the cutoff luminaire type unless the performance area lighting needs of the sports/recreational use cannot be met through the use of cutoff luminaries, as determined by the Township.
[3]
Use of glare shields required for noncutoff luminaire types. Where noncutoff luminaires such as floodlights must be used to meet the lighting design objectives for the performance area lighting, the luminaires shall be equipped with glare shields, visors, barn doors, and other similar shielding accessories as required to meet the following criteria:
[a]
The candlepower distribution from all lighting installations shall be cutoff at and above the horizontal (level).
[b]
To the extent practicable, the candlepower distribution from all lighting installations shall be further cutoff at angles below the horizontal (level) to restrict direct illumination to within the performance area being illuminated for sports and recreation purposes.
[c]
No direct illumination shall project off the property.
[4]
Design submittal and approval requirements. The design for all outdoor sports and recreation lighting installations shall be submitted for review and approval by the Township.
[5]
All outdoor sports and recreation lighting shall be extinguished between 10:00 p.m. and 7:00 a.m. on Sunday through Thursday nights and between 11:00 p.m. and 9:00 a.m. on Friday and Saturday nights and nights preceding federal holidays. In addition, the performance area lighting shall be turned off no more than 30 minutes after the end of the event or use of the sports/recreational facility.
(3)
Communication towers. Communications tower lighting is prohibited unless required by the FCC (Federal Communications Commission) or FAA (Federal Aircraft Administration) regulations.
(4)
Temporary lighting. Unless the lighting poses a risk to the health, safety, and welfare, temporary or seasonal lighting (except as prohibited elsewhere in this chapter for residential uses) is exempt from these regulations. Unless the lighting poses a risk to the health, safety and welfare, temporary commercial activities such as carnivals are also exempt if the temporary commercial activity lasts no more than 10 consecutive days' use.
(5)
Nuisance prohibition. All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance in any agricultural, institutional, or residential area. In all areas of the Township, all lighting shall be arranged so as to protect the street or highway and adjoining properties from direct glare or hazardous interference of any kind. All luminaires shall be equipped with a glare-shielding device.
(6)
Light source covering. All luminaires and light sources shall be covered so that the source of light is not visible from any adjacent property.
(7)
Overlay districts. Properties in overlay districts may also be subject to additional lighting requirements of overlay districts.
A.
No flammable or explosive liquids, solids, or gases shall be stored in bulk aboveground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
B.
All outdoor storage facilities for fuel, raw materials and products; and all fuel and all raw materials and products stored outdoors; and all waste disposal dumpster areas shall be enclosed by an adequate fence or other enclosure to provide security for the property. Outside storage and waste disposal areas shall be shielded from view from public streets and adjoining properties. The enclosure shall be made aesthetically pleasing to the community.
C.
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around aboveground liquid storage facilities to preclude such transference in the event of failure of the facility.
D.
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 in closed containers.
E.
All aboveground and below-ground storage shall be in compliance with National Fire Protection Association (NFPA) codes, Pennsylvania DEP regulations and all Township building code requirements.
F.
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no parking areas, fire lanes, and no part of the required front yard shall be occupied by outside storage or waste disposal dumpsters.
H.
In cases of construction sites, contractor sales offices and storage trailers will be permitted upon application to the Township Zoning Officer. No storage trailers of any kind are permitted in commercial and industrial districts for the purposes of storage of materials and supplies for a business activity.
Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, shall be so constructed or installed as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by coniferous planting.
A.
Waste disposal. No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste into any reservoir or lake, or discharge any untreated sewage or industrial waste into any stream. All methods of sewage industrial waste treatment and disposal shall be approved by the Township and Pennsylvania Department of Health, as appropriate.
B.
Erosion control and sedimentation. Appropriate Pennsylvania Department of Environmental Protection permits are required.
