[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
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 any natural resources 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. The following natural resources shall be protected:
A.
Floodplain. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, regraded, filled or built upon except in conformance with § 500-2603, Floodplain regulations, of this chapter. For areas designated as "approximate one-hundred-year floodplain" along streams and watercourses where the one-hundred-year floodplain (with a floodway and flood-fringe) has not been delineated, the requirements of floodplain soils shall be met. Minor road crossings may be permitted in the floodplain where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
B.
Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 500-2603, Floodplain regulations, of this chapter. Minor road crossings may be permitted in 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 the one-hundred-year floodplain (with a floodway and flood-fringe) has been delineated.
(1)
Studies prepared by a registered engineer or expert in the preparation
of hydrological studies may be used to delineate the one-hundred-year
floodplain with a floodway and flood-fringe in place of areas designated
as "floodplain soils" and "approximate one-hundred-year floodplain."
Such hydrological studies shall be subject to the review and approval
of the Board of Supervisors on the recommendation of the Township
Engineer.
C.
Steep slopes. In areas of steep slopes, the following standards shall
apply:
(1)
Eight percent to 15%: No more than 50% of such areas shall be
altered, regraded, cleared or built upon.
(2)
Fifteen percent to 25%: No more than 30% of such areas shall
be altered, regraded, cleared or built upon.
(3)
Twenty-five percent or steeper: No more than 15% of such areas
shall be altered, regraded, cleared or built upon.
(4)
Areas of steep slope that are less than 3,000 square feet shall
be exempted from these standards.
D.
Woodlands. The following standards shall apply to woodlands:
(1)
Woodlands in environmentally sensitive areas. No more than 20%
of woodlands located in environmentally sensitive areas shall be altered,
regraded, cleared or built upon. Environmentally sensitive areas shall
include floodplains, floodplain soils, steep slopes, wetlands, wetland
margins and lake or pond shorelines.
(2)
Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in Subsection D(1) above] shall be altered, regraded, cleared or built upon. However, where more than 20% of such woodlands are altered, regraded, cleared or built upon, the following requirements shall be met:
(a)
The woodland area removed in excess of 20% shall be replaced
at a rate of 100 trees per acre.
(b)
Several species of trees shall be utilized and all trees shall
be 2.5 inches in caliper minimum. The replanted trees shall be similar
in species to the trees that were removed.
(c)
Trees shall be planted in a random pattern forming continuous
canopies; at least 1/2 of the required replacement trees shall be
planted in one continuous canopy.
(d)
Replanting shall be done in accordance with a plan prepared
by a licensed landscape architect. The replanting plan shall be approved
by the Middletown Township Planning Commission and the Board of Supervisors.
(e)
Replanting shall occur on site. However, the Board of Supervisors
may permit trees to be replanted off site on another property within
Middletown Township where on-site replanting is deemed impractical.
(f)
All tree replanting areas shall be deed-restricted from future
tree removal.
E.
Tree protection zone. Such areas shall not be altered, regraded,
compacted or built upon, nor used for storage or parking of vehicles.
F.
Watercourses. Such areas shall not be altered, regraded, filled,
piped, diverted or built upon except where design approval is obtained
from the Township and, if required, the Pennsylvania Department of
Environmental Protection.
G.
Wetlands. Such areas shall not be altered, regraded, filled, piped,
diverted or built upon except where state and federal permits have
been obtained.
(1)
Delineation.
(a)
Wetlands boundaries shall be delineated through an on-site assessment,
which shall be conducted by a professional soil scientist or others
of demonstrated qualifications. Such a person shall certify that the
methods used correctly reflect currently accepted technical concepts,
including the presence of wetlands vegetation, hydric soils and/or
hydrologic indicators. A study shall be submitted with sufficient
detail to allow a thorough review by the Township. The study must
be approved by the Board of Supervisors on the recommendation of the
Township Engineer.
(2)
Federal and state regulations. In addition to the requirements
above, any applicant proposing a use, activity or improvement which
would entail the regrading or placement of fill in wetlands shall
provide the Township with proof that the Pennsylvania Department of
Environmental Protection (Bureau of Dams and Waterway Safety and Bureau
of Water Quality Management) and the United States Army Corps of Engineers
have been contacted to determine the applicability of state and federal
wetland regulations.
H.
Wetlands margin. No more than 20% of such areas shall be altered,
regraded, filled or built upon. In addition, any Department of Environmental
Protection' regulations under Chapter 105, concerning activities in
wetlands margins, shall be met.[1]
(1)
For the purposes of this chapter, the wetlands margin shall
extend 100 feet from the wetland boundary or to the limit of the hydric
soils, whichever is less. The limit of hydric soils shall be as mapped
in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania,
United States Department of Agriculture, Natural Resources Conservation
Service, July 1975, unless reclassified by a certified soil scientist.
[1]
Editor's Note: See Chapter 105 of Title 25 of the Pennsylvania
Code and 32 P.S. § 693.1 et seq., the Dam Safety and Encroachments
Act.
I.
Lakes and ponds. Such areas shall not be altered, regraded, filled,
piped, diverted or built upon.
J.
Lake and pond shorelines. For the purposes of this chapter, lake
and pond shorelines shall be measured 100 feet from the spillway crest
elevation. No more than 20% of such areas shall be altered, regraded,
filled or built upon.
A.
Plan information. In order to meet the natural resource protection standards of § 500-2601 of this chapter, the following information is required to be provided with an application for a subdivision or land development plan:
(1)
A site plan which illustrates all natural resources on the site
and the proposed use on the site.
(2)
All encroachments and disturbances necessary to establish the
proposed use on the site.
(3)
Calculations which indicate the area of the site with natural
resources and the area of natural resources that would be disturbed
or encroached upon.
B.
Building envelopes. The building envelope is that area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 500-2601 of this chapter. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resources protection standards and minimum setback requirements of this chapter.
(1)
Within any proposed subdivision, all residential lots shall
have a contiguous building envelope of at least an area as indicated
below:
|
Zoning District
|
Minimum Building Envelope
(square feet)
| |
|---|---|---|
|
RA-1
|
7,000
| |
|
RA-2
|
6,000
| |
|
RA-3
|
5,000
| |
|
R-1
|
3,500
| |
|
R-2
|
3,500
| |
|
R-3
|
2,800
|
C.
Deed restrictions. For subdivision and land development plans, restrictions meeting Township specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as common open space in accordance with the requirements of § 440-423D of Chapter 440, Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
[Amended 8-16-2000 by Ord. No. 00-09]
No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances such as the Middletown Township Subdivision and Land Development Ordinance (Chapter 440) and the Middletown Township Building Code (Chapter 190, Article II). Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
A.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and to protect the tax base by:
(1)
Regulating uses, activities and development which, acting alone
or in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and development that do
occur in flood-prone areas to be protected and/or floodproofed against
flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which
are unsuited for intended purposes because of flood hazards.
B.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this
chapter is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes. This chapter does not imply that areas outside the floodplain
districts or that land uses permitted within such districts will be
free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
C.
Floodplain classification.
(1)
Establishment of floodplain. The floodplain shall include those
areas subject to inundation by water of the one-hundred-year flood.
The basis for this delineation shall be the Flood Insurance Study
(FIS) for Middletown Township, Bucks County, Pennsylvania, prepared
by the United States Department of Housing and Urban Development,
Federal Insurance Administration, dated June 1979, and the accompanying
Flood Boundary and Floodway Map, dated May 18, 1999, for areas designated
floodway and flood-fringe or as delineated in the most recently adopted
Flood Insurance Rate Map Study.
(2)
MANUFACTURED HOME
MANUFACTURED HOME PARK
SUBSTANTIAL IMPROVEMENT
Definitions. For the purposes of this section, the following
words shall have the meanings indicated herewith:
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two units designed to be joined
into one integral unit, capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation. The term includes
park trailers, travel trailers, recreational and other similar vehicles
which are placed on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Any repair, reconstruction, rehabilitation, addition or improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure either before the improvement or repair is
started or, if the structure has been damaged and is being restored,
before the damage occurred.
(3)
Boundary definition.
(a)
Responsibility for boundary definition. Any applicant for a
building permit, preliminary subdivision plan approval or land development
plan approval on land in Middletown Township which lies within or
partially within the floodplain shall be required to have the area
of the floodplain on the subject land defined by a registered professional
engineer or land surveyor and shall show such floodplain areas on
plans submitted with his application.
(b)
Approximate one-hundred-year floodplain areas and floodplain
soil areas. The applicant for a proposed use, development or activity
in approximate one-hundred-year floodplain areas and floodplain soils
areas shall have the opportunity to determine flood profiles and elevations,
thereby identifying the floodway and flood-fringe areas, in accordance
with hydrologic engineering techniques, as follows:
[1]
For all areas within 100 feet of a watercourse,
including its bed and banks, the applicant shall provide sufficient
documentation to demonstrate that the proposed activity, together
with all other existing and anticipated development, uses and activities,
will not increase the water surface elevation of the one-hundred-year
flood at any point. The method of determination of increase in flood
heights shall be at the discretion of the Township Engineer.
[2]
Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township. The study must be approved by the
Board of Supervisors upon the advice of the Township Engineer.
(c)
District boundary changes. The delineation of the floodplain
may be revised by the Board of Supervisors where natural or man-made
changes have occurred and/or more detailed studies conducted or undertaken
by the United States Army Corps of Engineers, the Delaware River Basin
Commission, or other qualified agency or individual document the need
for such change. However, prior to such change, approval must be obtained
from the Federal Insurance Administration.
D.
Use regulations.
(1)
The following uses and no others shall be permitted on land
in the floodplain where such uses are permitted in the zoning district
applicable to such lands:
(a)
Tilling of the soil, grazing, pasturing.
(b)
Forestry and wood production, excluding storage and mill structures.
(c)
Flower and vegetable gardening, outdoor plant nurseries.
(d)
Parks, playgrounds and golf courses, exclusive of buildings.
(e)
Outlet installations for public sewage treatment plants.
(f)
Utility easements.
(g)
Water intakes, subject to pertinent regulations of the Pennsylvania
Department of Environmental Protection.
(h)
Outlet installations for private and industrial wastewater treatment
plants.
(i)
Quarrying, sand pit, gravel pit.
(2)
Applications for any of the above-listed uses or any other development
shall be submitted to the Township for its approval.
(3)
None of the uses or development activity listed above shall
be permitted in the floodway portion of the floodplain district unless
the effect of the proposed activity or development on flood heights
is fully offset by accompanying stream improvements.
E.
Area and design requirements.
(1)
Lot area. For purposes of application of regulations for minimum
lot area, maximum building coverage, maximum impervious surface ratio
and other area and dimensional requirements of this chapter, land
in the floodplain shall be excluded from lot area.
(2)
Site area. For purposes of application of regulations for minimum
site area, maximum density, maximum impervious surface ratio and other
area and design requirements of this chapter, land in the floodplain
shall be excluded from base site area.
F.
Existing structures.
(1)
Any existing structure which is to undergo substantial improvement
and which is located in the floodplain shall be designed and constructed
in accordance with the W1 or W2 floodproofing classes contained in
the publication "Flood-Proofing Regulations," United States Army Corps
of Engineers, June 1972. Said structure shall also be firmly anchored
to prevent flotation, collapse and lateral movement.
(2)
No expansion or improvement of an existing structure shall be
allowed in the floodway portion of the floodplain district unless
the effect of the proposed development on flood heights is fully offset
by accompanying stream improvements.
G.
Development which may endanger human life. Any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply
(more than 550 gallons or other comparable volume or any amount of
radioactive substances) of any of the following dangerous materials
or substances on the premises shall not be permitted in the floodplain:
|
Acetone
| |
|
Ammonia
| |
|
Benzene
| |
|
Calcium carbide
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Petroleum products (gasoline, fuel, oil, etc.)
| |
|
Phosphorous
| |
|
Potassium
| |
|
Sodium
| |
|
Sulphur and sulphur products
| |
|
Pesticides (including insecticides, fungicides and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
H.
Prohibited activities in the floodplain. The construction, placement,
enlargement or expansion of any structure used or intended to be used
for any of the following activities shall be prohibited within any
identified floodplain area:
I.
General floodplain regulations.
(1)
Installation of fill materials. Fill may be placed within the
limits of the floodplain, subject to the following conditions:
(a)
Fill shall consist of soil or rock materials only.
(b)
Satisfactory evidence shall be submitted indicating that the
cross-sectional area of the floodplain will not be reduced.
(c)
Satisfactory evidence shall be submitted indicating that there
will be no increase in the potential flood height or increase in flood
velocity at, above or below the site due to the proposed fill.
(d)
Permission has been obtained for the proposed fill from the
Division of Dams and Encroachments of the Pennsylvania Department
of Environmental Protection pursuant to the state regulations of water
obstructions and from the Township Engineer.
(2)
Obstructions. The following shall not be placed in any stream
channel or floodplain:
(a)
Fences, except two-wire fences.
(b)
Other structures or other matter which may impede, retard or
change the direction of the flow of water in such stream channel or
floodplain, or that will catch or collect debris carried by such water,
or that is placed where the natural flow of the stream or floodwaters
would carry the same downstream to the damage or detriment of property
adjacent to the stream or floodplain.
(3)
State regulations. No encroachment into or alteration or relocation
of any watercourse shall take place unless a permit has been secured
from the Pennsylvania Department of Environmental Protection, Bureau
of Dam Safety, Obstructions and Stormwater Management, and notification
of the proposed alteration, encroachment or relocation has been given
to all adjacent communities, and copies of the notification(s) have
been sent to the Pennsylvania Department of Community and Economic
Development and the Federal Insurance Administration.
(4)
For any new structure or substantially improved structure located
on a parcel, if that parcel is located in part or in whole within
the floodplain, then, upon completion of construction, there shall
be filed with the Township Zoning Officer a flood elevation certificate,
prepared by a licensed engineer and/or licensed surveyor, and an as-built
plan showing the structure on the parcel, with vertical datum and
elevations.[1]
[1]
Editor's Note: Original Subsection 10 of this chapter of the
2009 Code, which immediately followed this subsection, was repealed
8-16-2000 by Ord. No. 00-09.
J.
Disposition.
(1)
Land in the floodplain classification may be:
(a)
Included in the property area of any lot or site held in or proposed for private ownership, provided the lot area of any land not in such classification shall equal or exceed the minimum lot area or site area requirements set forth by this chapter for such lot or site, unless the subject land has been reclaimed in accordance with Subsection H above.
(b)
Offered for dedication to the Township, county or other public
entity or agency thereof for uses permitted by this chapter on such
land.
(c)
Placed in ownership of nonprofit homeowners' or property owners'
associations, condominium or cooperative corporation or other such
agency as may be approved by the Supervisors under the provisions
of this chapter.
(2)
Restrictions on nonpublic ownership. Covenants shall be recorded
with the deeds to land in the floodplain classification to be held
in other than public ownership permitting the municipality, after
proper legal notice, to enter on such land to perform maintenance
or rehabilitation work on any drainage or erosion control facility
thereon which the owner of such land has failed to perform and to
lien the property for the cost of such work.
K.
Variances. If compliance with any of the requirements of this section
would result in an exceptional hardship for a prospective builder,
developer or landowner, the Zoning Hearing Board may, upon request,
grant relief from the strict application of the requirements. Requests
for variances shall be considered by the Zoning Hearing Board in accordance
with the following:
(1)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the one-hundred-year flood elevation.
(3)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(4)
In granting any variance, the Zoning Hearing Board shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety and welfare and to achieve
the objectives of this chapter.
(6)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but shall not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional
hardship to the applicant.
(c)
That the granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimize the public, or conflict with any other applicable
state statute or regulation, or local ordinance or regulation.
(7)
A complete record of all variance requests and related actions
shall be maintained by the Zoning Hearing Board. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Insurance Administration.
(8)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-hundred-year flood.
[Amended 5-29-2007 by Ord. No. 07-07]
Residential developments shall provide areas of open space and recreation space as required by this chapter and as required by § 440-424, Recreation areas and community facilities, of Chapter 440, Subdivision and Land Development, of this Code. This required open space and recreation space shall meet the following standards:
A.
Open space and recreation space shall not include land occupied by
nonrecreational buildings or structures, roads or road rights-of-way,
easements, parking lots for nonrecreational uses, land reserved for
future parking lots for nonrecreational uses, or stormwater detention
basins or retention basins, nor shall it include the yards or lots
of dwelling units.
B.
The open space and recreation space shall be laid out in accordance
with the best principles of site design. It is intended that the open
space and recreation space shall be as close to all residences as
possible, with greenways and paths leading to major recreation spaces.
Major recreation areas shall be located to serve all residents. The
open space and recreation space is most needed in areas of highest
density. The intent is to provide open areas as close to the individual
unit as possible.
C.
Active recreation land. While some of the open space and recreation space may be required for resource protection, it is intended that a portion of the open space be usable for active recreation. Therefore, at least 1/2 of the required open space or recreation space shall not be restricted by natural resources, as defined in § 500-2601. The following standards shall apply to the design of the active recreation land:
(1)
Areas set aside for active recreation shall be of adequate size
and configuration to accommodate the intended use. The active recreation
land shall not include narrow or irregular pieces of land which are
remnants from lotting or the layout of streets and parking areas.
(2)
If the amount of required active recreation land is 25,000 square
feet or less, the active recreation land shall be provided as one
contiguous area. If the amount of required active recreation land
is greater than 25,000 square feet, the active recreation land may
be divided into several areas; however, each such area shall be at
least 25,000 square feet in size and shall be contiguous.
(3)
In general, the depth of the active recreation land shall not
be less than one nor more than 2.5 times its width.
(4)
The slope of the active recreation land shall not exceed 2%.
Compliance with this slope requirement may be achieved through regrading,
in keeping with applicable natural resource protection standards.
(5)
At least one side of the active recreation land shall abut a
street for a minimum distance of 50 feet.
(6)
Active recreation land shall not be traversed by utility easements
unless said utilities are placed underground and no part of them or
their supportive equipment protrudes above ground level.
D.
A method of physically delineating private lots from common open
space and recreation space areas shall be provided. Such method may
include shrubbery, trees, markers or other method acceptable to the
Township.
E.
The type of facilities to be provided and the extent of proposed
improvements shall be noted on the plans, including a planting plan
and schedule.
F.
Each developer shall provide a plan or other material as required to establish the method by which open space shall be perpetuated, maintained and administered. Such plan or other material shall meet the requirements of § 440-423, Open space in subdivisions, residential developments and mobile home parks, of Chapter 440, Subdivision and Land Development. The plan and other materials shall be construed as a contract between the landowner(s) and the municipality and shall be noted on all deeds.
G.
All impervious surfaces within open space and recreation areas shall
be countable as part of the total impervious surface ratio for the
development.
H.
The open space and recreation space shall be consistent with the
recommendations of the Middletown Township Recreation, Parks and Open
Space Plan, as amended.
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
Buffering serves to soften the outline of buildings, to screen
glare and to create a visual and/or physical barrier between conflicting
land uses. Where a buffer yard is required by the terms of this chapter,
it shall comply with the following standards.
A.
Required buffers.
(1)
Residential uses. New residential developments which abut existing
nonresidential uses or districts shall be required to provide a seventy-five-foot-wide
buffer yard.
(2)
OR Open Recreation District. Any lot or parcel which abuts an
OR Open Recreation District shall provide a minimum one-hundred-foot-wide
buffer yard measured from the property line or the street line.
(3)
A-O Apartment-Office District. For purposes of meeting the buffer
yard requirements of the chapter, vacant land zoned A-O Apartment-Office
District shall be considered zoned for residential use.
B.
Existing buffer. All existing deciduous and coniferous trees larger
than two inches in caliper and/or six feet in height may be considered
to contribute to the definition of an existing buffer on the property.
In all cases, existing plant material of the above caliper and height
shall be preserved in any buffer yard except where clearance is required
to ensure adequate sight distance. Any removal shall, where feasible,
involve relocation rather than clearing.
C.
Plant material. All buffer yards shall include a dense screen planting
of trees, shrubs and hedges. Such screen planting shall be in accordance
with the following:
(1)
Buffer yards required for the C, CS, GB and M-1 Zoning Districts
shall meet one of the following planting options.
(a)
Option 1: one canopy tree per 40 feet; plus one evergreen tree
per 20 feet; plus one shrub per four feet.
(b)
Option 2: one flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c)
Option 3: one flowering tree per 40 feet plus; one evergreen
tree per 20 feet; plus one berm four feet high.
(2)
Buffer yards required for zoning districts or uses other than as specified in Subsection C(1) above shall meet one of the following planting options:
(a)
Option 1: one canopy tree per 40 feet; plus one flowering tree
per 60 feet; plus one evergreen tree per 60 feet.
(b)
Option 2: one canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c)
Option 3: one flowering tree per 40 feet; plus one evergreen
tree per 25 feet.
(3)
For each planting option, any of the plant materials outlined in § 500-2605F may be utilized. Minimum plant size, given either in height or in caliper, is indicated in this section. The Middletown Township Planning Commission may permit other plant 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 § 500-2605F. All plant material shall meet the standards of the American Association of Nurserymen.
(4)
The screen planting shall provide an effective barrier to noise,
visibility, airborne particles and glare and shall be approved by
the Middletown Township Planning Commission.
(5)
The screen planting shall be maintained permanently (and any
plant material which does not live shall be replaced within one year).
(6)
The screen planting shall be so placed that at maturity it will
not be closer than five feet to any street or property line.
(8)
All berms shall have slopes less than four horizontal to one
vertical.
(9)
The screen planting shall be broken only at points of vehicular
or pedestrian access.
(10)
Planting design. It is encouraged that plant materials in buffer
yards be planted in natural clusters that will give privacy but do
not block views or vistas. The exception shall be commercial or industrial
uses bordering residential uses. Here a dense, visual screen is required.
D.
General requirements.
(1)
The buffer yard may overlap the 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.
(3)
No structure, manufacturing or processing activity, parking
or storage of materials shall be permitted in the buffer yard.
E.
Exemptions. No screen shall be required along arterial streets and
railroad rights-of-way which form district boundary lines, provided
that:
(1)
The front of the building faces the boundary line.
(2)
No outdoor manufacturing or processing activity (other than
delivery and shipment of materials) and no outdoor storage of materials
shall be so located as to be visible from the adjacent agricultural,
residential or recreational uses or districts.
F.
Plant materials list.
(1)
Canopy trees two-inch caliper minimum.
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Acer ginnala — Amur maple
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Acer platanoides - Norway maple
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Acer rubrum - Red maple
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Acer saccharum - Sugar maple
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Betula alba - European white birch
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Fagus grandifolia - American beech
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Fagus sylvatica - European beech
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Fraxinus americana - White ash
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Fraxinus pennsylvania lanceolata - Green ash
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Ginkgo biloba - Ginkgo (male only)
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Gleditsia triacanthos inermis - Thornless honey locust
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Liquidambar styraciflua - Sweet gum
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Liriodendron tulipifera - Tulip poplartree
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Phellodendron amurense - Amur corktree
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Platanus acerifolia - London planetree
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Quercus alba - White oak
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Quercus rubra - Red oak
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Qercus coccinea - Scarlet oak
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Quercus palustris - Pin oak
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Quercus phellos - Willow oak
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Robinia pseudoacacia (inermis) - Thornless black locust
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Sophora japonica - Japanese pagoda tree
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Tilia - Linden, all species hardy to the area
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Zelkova serrata - Japanese zelkova
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(2)
Flowering trees two-inch caliper minimum.
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Amerlanchier canadensis - Shadblow serviceberry
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Cornus florida - Flowering dogwood
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Cornus kousa - Kousa dogwood
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Cornus mas - Cornelian-cherry dogwood
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Crataegus phaenopyrum - Washington hawthorn
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Koelreuteria paniculata - Golden rain tree
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Laburnum vossi - Golden chain tree
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Magnolia x soulangiana - Saucer magnolia
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Magnolia virginiana - Sweetbay magnolia
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Malus baccata - Siberian crabapple
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Malus floribunda - Japanese flowering crabapple
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Malus hopa - Hopa flowering crabapple
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Oxydendrum arboreum - Sourwood
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Pyrus calleryana bradford - Callery pear
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Prunus serrulata - Kwanzan cherry
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Prunus x yedoensis - Yoshino cherry
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(3)
Evergreen trees four feet high minimum.
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Ilex opaca - American holly
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Picea abies - Norway spruce
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Picea omorika - Serbian spruce
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Picea pungens - Colorado spruce
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Pinus nigra - Austrian pine
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Pinus strobus - White pine
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Pseudotsuga menziesii - Douglas fir
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Tsuga canadensis - Canada hemlock
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(4)
Hedge four feet high minimum.
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Crataegus intricata - Thicket hawthorn
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Forsythia x intermedia - Border forsythia
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Rhamnus frazula columnaris - Tallhedge buckthorn
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Syringa x chinensis - Chinese lilac
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Syringa vulgaris - Common lilac
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(5)
Evergreen hedge four feet high minimum.
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Juniperus virginiana - Upright juniper
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Pinus strobus - White pine (one per five feet)
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Pyracantha lalandi - Laland firethorn
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Taxus cuspidata - Upright yew
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Taxus hicksi - Hicks yew
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Tsuga canadensis - Canadian hemlock (one per five feet)
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(6)
Shrubs three feet high minimum.
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Juniperus virginiana-Upright juniper
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Pyracantha lalandi - Laland firethorn
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Taxus capitata - Upright yew
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Taxus hicksi - Hicks yew
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Thuja occidentalis - American arborvitae
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(7)
Shrubs four feet high minimum.
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Euonymus alatus - Winged euonymus
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Hamamelis vernalis - Vernal witchhazel
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Hamamelis virginiana - Common witchhazel
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Ilex verticillata - Winterberrry
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Rhamnus frangula - Glossy buckthorn
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Viburnum dentatum - Arrowwood viburnum
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Viburnum lantana - Wayfaringtree viburnum
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