Township of Middletown, PA Article XXII Overlay Zoning Districts

§ 500-2201 Northeast Philadelphia Airport zoning district. [1]

A. Purpose and intent.

(1) This section, which may be cited as the "Northeast Philadelphia Airport Zoning District," is adopted pursuant to the authority conferred by the Airport Zoning Act of 1984, P.L. 164, 74 Pa.C.S.A. § 5911 et seq., as amended, and Act 247, the Pennsylvania Municipalities Planning Code of 1968, P.L. 805, 53 P.S. § 10101 et seq., as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Northeast Philadelphia Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Northeast Philadelphia Airport; and that an obstruction may reduce the size and areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of Northeast Philadelphia Airport and any public investment therein. Accordingly, it is declared that:

(a) The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Northeast Philadelphia Airport.

(b) It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.

(c) The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(2) It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or moving and lighting of obstructions are public purposes for which a municipality may raise and expend public funds and acquire land or interests in lands.

B. Definitions. As used in this section, unless the context otherwise requires, the following terms shall have the meanings indicated:

AIRPORT

Northeast Philadelphia Airport in the City of Philadelphia, Commonwealth of Pennsylvania.

AIRPORT ELEVATION

The highest point of the airport's usable landing area measured in feet above sea level, which is 121 feet above mean sea level for Northeast Philadelphia Airport.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this section. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES

These zones are set forth in Subsection C of this section.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION

An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT

For the purpose of determining the height limits in all zones set forth in this section and shown on the Zoning Map, the datum shall be the mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

LARGER THAN UTILITY RUNWAY

Any runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and by jet-powered aircraft.

NONCONFORMING USE

Any preexisting structure, object of natural growth, or use of land covered by this airport district which is inconsistent with the provisions of this section or an amendment thereto.

NONPRECISION INSTRUMENT RUNWAY

A runway having an existing instrument-approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment for which a straight-in nonprecision-instrument approach procedure has been approved or planned.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in this section.

PERSON

An individual, firm, partnership, corporation, company, association, joint-stock association or government entity, including a trustee, receiver, assignee or similar representative of any of them.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument-approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Subsection C of this section. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE

An object, including a mobile object, constructed or installed by man, including, but without limitations, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

TRANSITIONAL SURFACE

These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of up to 12,500 pounds maximum gross weight.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

C. Airport zones. In order to carry out the provisions of this section, there is hereby created and established an airport overlay district made up of the following zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Northeast Philadelphia Airport. Such zones are shown on the Middletown Township, Bucks County, Airport Zoning Maps attached to this chapter and made a part hereof.[2] An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1) Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

(2) Utility runway nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

(3) Precision instrument runway approach zone. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

(4) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(5) Horizontal zone. The horizontal zone is established by swinging arcs of five-thousand-feet radii for all runways designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(6) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

[2] Editor's Note: The Airport Zoning Maps are on file in the Township offices.

D. Airport height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1) Utility runway visual approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

(2) Utility runway nonprecision instrument approach zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

(3) Precision instrument runway approach zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

(4) Transitional zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, which is 121 feet above mean sea level for Northeast Philadelphia Airport. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.

(5) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 271 feet above mean sea level for Northeast Philadelphia Airport.

(6) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(7) Exceptions to height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree up to the height limits established by other applicable Township zoning district limits or by this section, whichever is lower.

E. Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

F. Nonconforming uses. Nonconforming uses shall be governed by the following:

(1) Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or otherwise interfere with the continuance of a use made nonconforming by the adoption of this section. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and which is diligently executed.

(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Township Zoning Officer or Township Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of Northeast Philadelphia Airport.

G. Permits. Applications for zoning and building permits shall be governed by the following:

(1) Future uses. Except as specifically provided in Subsection G(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient detail to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted, subject to the other requirements and conditions of this section. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been granted in accordance with Subsection G(4).

(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

(c) In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transitional zones.

(d) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this section except as set forth in Subsection D.

(2) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section or any amendments thereto or when the application for a permit is made.

(3) Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(4) Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use property not in accordance with the regulations prescribed in this section may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration and the Pennsylvania Department of Transportation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and that the relief granted will not be contrary to the public interest or create a hazard to air navigation. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the owner or manager of Northeast Philadelphia Airport for comments as to the aeronautical effect of the variance. If the owner or manager of Northeast Philadelphia Airport does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.

(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit Northeast Philadelphia Airport, at its own expense, to install, operate and maintain the necessary markings and lights.

(6) FAA regulations update. In the event any existing or future regulation of the Federal Aviation Administration (FAA), its successor agency or the Pennsylvania Department of Transportation is inconsistent with any provision of this section, then such FAA or state regulation shall prevail, and such provision of this section shall automatically be modified thereby.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). The ordinance removed all references to Buehl Airport; the airfield has been closed and the property redeveloped.

§ 500-2202 SW Solid Waste Management District.

A. Purpose and intent. The purpose of the Solid Waste Management District is to establish reasonable standards for the recycling, processing, transfer, collection, storage, disposal and treatment of municipal waste within the Township. Further, it is the intent of this district to encourage, whenever possible, the reduction, reuse and recycling of waste through environmentally sound techniques.

B. Applicability. The Solid Waste Management District shall be an overlay to regulate the use of land within the area designated SW on the Township Zoning Map.[1] The requirements of the overlay district shall supersede the requirements of the underlying zoning district for municipal waste uses.

[1] Editor's Note: The Zoning Map is included as an attachment to this chapter.

C. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

D. Use regulations.

(1) A building may be erected or used and a lot may be used or occupied for any of the purposes listed below when authorized by the Board of Supervisors as a conditional use.

(a) Municipal waste facilities.

[1] Composting facility. A facility for the composting of the organic matter in municipal waste.

[2] Incinerator. A facility designed to reduce the volume of municipal waste by combustion. This use may or may not include heat exchange equipment for energy recovery.

[3] Material separation and/or refuse-derived fuel (RDF) facility. The extraction of materials from municipal waste for recycling or for use as refuse-derived fuel (RDF).

[4] Recycling facility. A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for municipal waste nor composting facilities or resource-recovery facilities.

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

(b) Municipal waste landfill. Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the PA DEP under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

(2) A building may be erected or used and a lot may be used or occupied in accordance with the provisions of the underlying zoning district.

E. Requirements for municipal waste facilities. The following uses are considered types of municipal waste facilities: composting facility, incinerator, material separation and/or refuse-derived fuel (RDF) facility, recycling facility and transfer station. The following requirements shall be applicable to municipal waste facilities.

(1) A minimum lot area of five acres and a minimum lot width at the street line of 200 feet shall be required.

(2) Any such use shall be set back at least 200 feet from any street line or property line. Additionally, an incinerator or transfer station shall be a minimum of 300 feet from any residential zoning district or occupied residential dwelling unit.

(3) The maximum impervious surface ratio shall be 60%.

(4) Operation of a municipal waste facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PA DEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PA DEP, the more restrictive PA DEP regulations shall supersede and control.

(5) Municipal waste landfill operations, disposal and open burning of any materials shall specifically be prohibited at municipal waste facilities.

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

(7) Unloading of municipal waste shall be continuously supervised by a facility operator.

(8) Hazardous materials (as defined in 40 CFR, Chapter 1, Part 261, dated July 1, 1984, or as amended) shall not be received or processed at a municipal waste facility.

(9) Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the Township.

(10) All parts of the process, unloading, handling and storage of municipal waste shall occur within a building. However, certain separated recyclable materials like glass, aluminum, and other metals may be stored outdoors, provided that they are properly screened so as not to be visible from any adjacent streets or property.

(11) No municipal waste shall be processed or stored at a recycling facility. For all other types of municipal waste facilities, municipal waste shall not be stored on the site for more than 72 hours.

(12) A contingency plan for disposal of municipal waste during a plant shutdown must be submitted to the Township and approved by the Board of Supervisors.

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

(14) Waste from the municipal waste facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leakproof and vectorproof containers. Such process waste shall be disposed of in a sanitary landfill approved by PA DEP or in another manner approved by PA DEP.

(15) Buffer yard. A buffer yard of 100 feet in width shall be provided along all property lines and street lines. The buffer yard shall be in accordance with the provisions of § 500-2605.

F. Requirements for a municipal waste landfill. The following requirements shall be applicable to a municipal waste landfill:

(1) A minimum lot area of 25 acres and a minimum lot width at the street line of 300 feet shall be required.

(2) The municipal waste landfill operation shall be set back at least 300 feet from any street line or property line.

(3) The maximum impervious surface ratio shall be 60%.

(4) Operation of any municipal waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such municipal waste landfill.

(5) Burning of municipal waste is prohibited at a municipal waste landfill.

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

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

(8) Unloading of waste shall be continuously supervised.

(9) Hazardous materials (as defined in 40 CFR, Chapter 1, Part 261, dated July 1, 1984, or as amended) shall not be disposed of in a municipal waste landfill.

(10) Litter control shall be exercised to confine blowing litter to the work area, and a working plan of cleanup of litter shall be accomplished.

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

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

(13) Operation of any municipal waste landfill shall at all times be in full compliance with the Pennsylvania Clean Streams Law, Act 157 of 1980, as amended.[3]

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

(14) Buffer yard. A buffer yard of 200 feet in width shall be provided along all property lines and street lines. The buffer yard shall be in accordance with the provisions of § 500-2605.

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

G. Impact statements. An applicant for a municipal waste facility or a municipal waste landfill shall submit the following impact statements:

(1) Natural resource protection standards. The applicant shall submit an analysis which evaluates his ability to meet the natural resource protection standards of § 500-2601 of this chapter.

(2) Nuisance standards. The applicant shall submit specifications and reports that contain detailed information as to how the facility will be able to operate within the limits of the nuisance standards of Article XXV of this chapter.

(3) Traffic impact study. The applicant shall submit a traffic impact study prepared in accordance with the requirements for said study set forth in Chapter 440, Subdivision and Land Development.

§ 500-2203 Neshaminy Creek Watershed Peak Rate Districts.

[Added 12-1-1992 by Ord. No. 92-15; amended 8-16-2000 by Ord. No. 00-09]

A. Purpose and intent. The stormwater runoff peak rate districts are those delineated and defined in § 440-406H of Chapter 440, Subdivision and Land Development, and are hereby make part of this chapter by reference. These stormwater management districts act as overlay districts so that land development and disturbance activities are controlled by the underlying zoning district regulations and by the provisions of the stormwater runoff peak rate districts of the Neshaminy Creek Watershed Stormwater Management Plan. Land development, and disturbance activities shall also be subject to the water quality requirements described in § 440-406G of Chapter 440, Subdivision and Land Development. These districts and requirements are established to implement the Neshaminy Creek Watershed Stormwater Management Plan.

B. Classes of zoning districts. In order to carry out the provisions of this section, there is hereby created and established a stormwater runoff peak rate overlay district made up of the following zones:

	Stormwater Runoff Peak Rate Districts
	RR-1	100% release rate
	RR-3	75% release rate
	DD	Provisional direct discharge
	LR	Provisional lower reaches 100% release rate.

C. Use subject to other regulations. Uses permitted by right, as a special exception or as a conditional use shall be subject to the use regulations and the stormwater management regulations of § 440-406 of Chapter 440, Subdivision and Land Development. All improvement activities for all parcels, including improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in § 440-406 of Chapter 440, Subdivision and Land Development. No zoning permit shall be issued until a stormwater management plan, if required, has been submitted and approved by the Township.

D. Regulated activities.

(1) The following activities are considered as "regulated activities" which are subject to the stormwater management provisions:

(a) Subdivision and/or land development.

(b) Construction of new or additional impervious surfaces (driveways, parking lots, etc.).

(c) Construction of new buildings or additions to existing buildings.

(d) Diversion of piping of any natural or man-made stream channel.

(e) Installation of stormwater systems or appurtenances thereto.

(2) Exemptions to regulated activities. All improvement activities for all parcels, including improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in § 440-406 of Chapter 440, Subdivision and Land Development. Due to the limited impact on stormwater runoff, the following activities are exempt from stormwater plan preparation requirements; however, stormwater associated with any activity must be managed in a manner consistent with § 440-406 of Chapter 440, Subdivision and Land Development. Any regulated activity which would create less than 2,500 square feet of additional impervious cover is exempt from the stormwater management plan preparation provisions of this section. This criterion shall apply to the total proposed development even if the development is to take place in stages. Any area proposed for gravel or crushed stone, etc., shall be considered to be impervious for purposes of this section. The Township may require plan preparation and submission of the individual lot grading plans in connection with zoning permit applications in order to promote the purposes of the stormwater management provisions.

(a) Agricultural operations exclusion. Any land disturbance associated with agricultural activities operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Bucks County Conservation District or the United States Department of Agriculture Natural Resources Conservation Service is exempt from the stormwater management plan preparation provisions of this section.

(b) Forest management operations exclusion. Any land disturbance associated with forest management operations which are following the DEP's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and operating under an adequate erosion and sedimentation control plan approved by an applicable agency is exempt from the stormwater management plan preparation provisions of this section.

(c) Mining operations exclusion. Any land disturbance associated with mining operations approved and operated in accordance with all applicable rules and regulations of the DEP and operating under an erosion and sedimentation control plan approved by the applicable agency.

(d) Use of land for garden for home consumption.

[Amended 8-16-2000 by Ord. No. 00-09]

E. Environmental performance standards.

(1) Stormwater. All land development and disturbance activities located in the stormwater runoff peak rate districts delineated in Subsection B, Classes of zoning districts, shall control the stormwater runoff generated in accordance with the requirements of the stormwater management provisions contained in the Subdivision and Land Development Ordinance, § 440-406, of this Code.

(2) Soil erosion and sedimentation. All land development and disturbance activities located in the stormwater runoff peak rate districts delineated in Subsection B, Classes of zoning districts, shall protect streams, lakes, ponds and watercourses from sedimentation damage and control erosion in accordance with the requirements of § 440-407 of this Code, and Pennsylvania Code Chapter 102, Erosion Control, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection.

F. Floodplain regulations. No encroachment, alteration or improvement of any kind shall be made to any watercourse channel located in the stormwater management districts delineated in Subsection B, Classes of zoning districts, until all adjacent municipalities which may be affected by such action have been notified by the applicant, proof of notification is submitted to the Township, and until all required permits or approvals have been obtained in accordance with the stormwater management provisions of § 440-406 of Chapter 440, Subdivision and Land Development, and the requirements of the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management.

G. Zoning Officer; duties and powers. Receive, examine and process stormwater management plans along with required zoning permits in accordance with the stormwater management provisions of § 440-406 of Chapter 440, Subdivision and Land Development.

H. Application requirements for zoning permits. All applications for zoning permits shall include stormwater management plans, if required, in accordance with the Township's stormwater management provisions stated in § 440-406 of Chapter 440, Subdivision and Land Development.

§ 500-2204 Stormwater runoff districts for all areas except Neshaminy Creek Watershed.

[Added 8-16-2000 by Ord. No. 00-09]

A. Purpose and intent. The stormwater runoff peak rate districts are those delineated and defined in § 440-406H of Chapter 440, Subdivision and Land Development, and are included in the Neshaminy Creek Watershed Stormwater Runoff Peak Rate Districts, § 500-2203, of this article. The remainder of Middletown Township, excluding the Neshaminy Creek Watershed, shall also be excluded in an overlay district for stormwater runoff. The land development and disturbance activities are controlled by the underlying zoning district regulations and by the provisions for the stormwater runoff districts for all areas except Neshaminy Creek Watershed, as defined in this section. Land development and disturbance activities shall also be subject to the water quality requirements described in § 440-406G of Chapter 440, Subdivision and Land Development.

B. Classes of zoning districts.

(1) In order to carry out the provisions of this section, there is hereby created and established a stormwater runoff overlay district made up of the following zones:

(a) Stormwater runoff district zones:

RR-1

100% release rate district

(2) All areas of the Township not included in the Neshaminy Creek Watershed are in the RR-1 District.

C. Uses subject to other regulations. Uses permitted by right, as a special exception, or as a conditional use shall be subject to the use regulations and the stormwater management regulations of § 440-406 of Chapter 440, Subdivision and Land Development. No zoning permit shall be issued until a stormwater management plan, if required, has been submitted and approved by the Township.

D. Regulated activities.

(1) The following activities are considered as "regulated activities" which are subject to the stormwater management provisions:

(a) Subdivision and/or land development.

(b) Construction of new or additional impervious surfaces (driveways, parking lots, etc.).

(c) Construction of new buildings or additions to existing buildings.

(d) Diversion or piping of any natural or man-made stream channel.

(e) Installation of stormwater systems or appurtenances thereto.

(2) Exemptions to regulated activities. All improvement activities for all parcels, including improvements to existing activities or other facilities, including, but not limited to, parking areas, are subject to the stormwater management regulations specified in § 440-406 of Chapter 440, Subdivision and Land Development. Due to limited impact on stormwater runoff, the following activities are exempt from stormwater management plan preparation requirements; however, stormwater associated with any activity must be managed in a manner specified in § 440-406 of Chapter 440, Subdivision and Land Development. Any regulated activity which would create less than 2,500 square feet of additional impervious cover is exempt from the stormwater management plan preparation provisions of this section. This criterion shall apply to the total proposed development even if the development is to take place in stages. Any area proposed for gravel or crushed stone, etc., shall be considered to be impervious for purposes of this section. The Township may require plan preparation and submission of the individual lot grading plan in connection with zoning permit applications in order to promote the purposes of the stormwater management provisions.

(a) Agricultural operations exclusion. Any land disturbance associated with agricultural activities operated in accordance with a conservation plan or erosion and sedimentation control plan or erosion and sedimentation control plan approved by the Bucks County Conservation District or the United States Department of Agriculture Natural Resources Conservation Service is exempt from the stormwater management provision of this section.

(b) Forest management operations exclusion. Any land disturbance associated with forest management operations which are following the Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" and operating under an adequate erosion and sedimentation control plan approved by an applicable agency is exempt from the stormwater management plan preparation provision of this section.

(c) Mining operations exclusion. Any land disturbance associated with mining operations approved and operated in accordance with all applicable rules and regulations of the Department of Environmental Protection and operating under an erosion and sedimentation control plan approved by applicable agency.

(d) Use of land for gardening for home consumption.

E. Environmental performance standards.

(1) Stormwater. All land development and disturbance activities located in stormwater runoff districts delineated in Subsection B, Classes of zoning districts, shall control the stormwater runoff generated in accordance with the requirements of the stormwater management provisions contained in Chapter 440, Subdivision and Land Development.

(2) Soil erosion and sedimentation. All land development and disturbance activities located in the stormwater runoff districts delineated in Subsection B, Classes of zoning districts, shall protect streams, lakes, ponds and watercourses from sedimentation damage and control erosion in accordance with the requirements of Chapter 440, Subdivision and Land Development, § 440-407, and Pennsylvania Code Chapter 102, Erosion Control, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection.

F. Floodplain regulations. No encroachment, alteration or improvement of any kind shall be made to any watercourse channel located in the stormwater management districts delineated in Subsection B, Classes of zoning districts, until all adjacent municipalities which may be affected by such action have been notified by the applicant, approvals have been obtained in accordance with the stormwater management provisions of § 440-406 of Chapter 440, Subdivision and Land Development, and the requirements of the Pennsylvania Department of Environmental Protection, Bureau of Dams and Waterway Management.

G. Zoning Officer; duties and powers. Receive, examine and process stormwater management plans along with the stormwater management provisions of § 440-406 of Chapter 440, Subdivision and Land Development.

H. Application requirements for zoning permits. All applications for zoning permits shall include stormwater management plans, if required, in accordance with the Township's stormwater management provisions stated in § 440-406 of Chapter 440, Subdivision and Land Development.