[Ord. 01-09-18-1, 9/18/2001, § 2400; as amended by Ord. 2003-08, 7/1/2003, Art. V; and by Ord. 2005-05, 6/21/2005]
1.
All subdivisions, land developments, uses and other activities involving
use of land established after the effective date of this chapter shall
comply with the following standards. Site alterations, grading, placement
of fill, or clearing of vegetation prior to the submission and approval
of applications for zoning or building permits or the submission and
approval of plans for subdivision or land development shall be a violation
of this chapter.
2.
Special setbacks of § 27-2309 of this chapter apply to floodplains, wetlands, wetland margins, streams, watercourses, waters of the commonwealth, waters of the U.S., and riparian areas.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
3.
Cutting of trees and/or grading which is initiated two years or less before the submission of plans for subdivision, land development, or building permits is presumed to be in anticipation of development. If an application for building, subdivision or land development is submitted for the property within two years of the date the cutting and/or grading was completed, the requirements for resource protection, as set forth in this chapter and in Chapter 22, Subdivision and Land Development, of the Township Code, shall be applied to the property as it was prior to the removal of trees or grading. If tree removal or grading has exceeded the limits set forth in Township ordinances, the applicant shall be required to replace trees removed during the tree removal process so that there shall be a minimum of 400 caliper-inches of trees per acre after replanting.
4.
Total area of each resource requiring protection in accordance with
this section, as contained within the base site area, must be tabulated,
for the purposes of verifying compliance with minimum preservation
standards for each resource. In the event that two or more resources
overlap, the area of overlap must be preserved based on the resource
with the greatest protection standard (least amount of alteration,
regrading, clearing, or building) found within the area of overlap.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
5.
Floodplain.
[Amended byOrd. 2015-02, 1/27/2015]
A.
The floodplain includes any areas of Plumstead Township classified
as special flood hazard areas (SFHAs) in the Flood Insurance Study
(FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated
March 16, 2015, and issued by the Federal Emergency Management Agency
(FEMA) or the most recent revision thereof, including all digital
data developed as part of the Flood Insurance Study.
B.
For areas abutting streams and watercourses where the 100-year floodplain
(1% annual chance flood) has not been delineated by the Flood Insurance
Study, the applicant shall submit a floodplain identification study.
The study, prepared by a registered professional engineer expert in
the preparation of hydrologic and hydraulic studies, shall be used
to delineate the 100-year floodplain. The floodplain study shall be
subject to the review and approval of the Township. All areas inundated
by the 100-year flood shall be included in the floodplain area.
C.
The floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross the floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within the Chapter 8, Floodplains, of the Plumstead Township Code.
6.
Streams, Watercourses, Lakes, Ponds, Waters of the Commonwealth,
and Waters of the U.S. Such areas shall not be altered, graded, developed,
filled, piped, diverted or built upon, except that roads and utilities
may cross streams, watercourses, lakes, ponds, waters of the commonwealth,
and waters of the U.S. where approved by the Township and by all state
and federal regulatory agencies with jurisdiction, but only where
no other access to the site is available.
7.
Wetlands. The following standards shall apply to wetlands.
A.
Delineation of Wetlands. If any of the following conditions exist,
an on-site investigation shall be conducted to determine whether wetlands
are present on a site: National Wetlands Inventory Maps show wetlands
on the site; the site contains hydric soils; the site contains wetlands
vegetation; the topography or geography of the site is indicative
of wetlands; or the Township has received information indicating the
possible presence of wetlands upon the site.
(1)
An applicant shall use one of the following methods to delineate
wetlands.
(a)
Wetlands boundaries shall be delineated through an on-site assessment
that shall be conducted by a professional soil scientist or others
of demonstrated qualifications. Such persons shall certify that the
methods used correctly reflect currently accepted technical concepts,
including the presence of wetlands vegetation, hydric soils or other
hydrologic indicators. A study shall be submitted with sufficient
detail to allow a thorough review by the Township's professional soil
scientist/wetlands consultant at the applicant's expense.
[Amended by Ord. 2012-04, 9/11/2012]
(b)
A wetlands delineation validated by the U.S. Army Corps of Engineers
based on a field survey.
(2)
When delineating wetlands upon a site, the applicant must use
on-site soil testing methods to determine the extent of hydric soils.
(3)
Where the applicant's delineation conflicts with other information
the Township has regarding wetlands upon the site, the Board of Supervisors
may hire a professional soil scientist/wetlands consultant to perform
an independent delineation of the wetlands upon the site, at the applicant's
expense.
(4)
In the event of a difference of opinion between the Township
and the applicant on the delineation of wetlands, the most restrictive
criteria causing the greatest protection of land shall be used.
B.
Wetland Margins. For wetlands of 5,000 square feet or larger located
upon the site, a wetland margin shall be provided. The wetland margin
shall extend from the wetland to the limit of hydric soils or 75 feet,
whichever is greater.
C.
Wetlands and Wetland Margins Shall Remain as Undisturbed and Permanently
Protected. Wetlands and wetland margins shall not be altered, graded,
filled, piped, diverted, or built upon, except for road or utility
crossings where approved by the Township, where state and federal
permits have been obtained, where the design represents the least
possible disturbance, and where no other access is available.
8.
Steep Slopes. In contiguous areas of steep slopes exceeding 3,000
square feet, the following standards shall apply:
9.
Forests. Naturally occurring vegetation characterized by trees whose
crowns meet to form a 70% to 100% closed canopy shall constitute a
forest. A forest must be at least 1/2 acre in area and contain trees
at least 20 feet tall or 12 inches diameter at breast height, although
all trees need not be this size. In addition to trees, a forest includes
all natural layers of vegetation beneath the canopy; all the diversity
of organisms that inhabit it, both plant and animal; and the soil
layers that develop beneath it. Forest areas smaller than 1/2 acre
on a parcel shall also be considered to be a "forest," if the forest
is part of a larger contiguous forest area that extends onto other
parcels.
A.
No more than 20% of forested areas shall be altered, graded, cleared
or built upon in the RP, RO, R-1, R-2, R-3, R-4, VR or MHP Districts.
In the C-1, C-2, C-3, R-5, VC, LI, or Q Districts, no more than 40%
of forested acres shall be altered, graded, cleared or built upon.
The preserved forest area shall remain in its natural condition with
the natural ground cover left undisturbed. No portion of any preserved
forest area shall be utilized to meet minimum lot area requirements
for any lot less than one acre or be included within the buildable
portion of any lot. On lots of one acre or larger, there shall be
a minimum of one contiguous acre not containing any preserved forest
area.
B.
Mature Trees Standing Alone. Trees that are located outside of the forest area having a diameter of 24 inches or greater shall be located and shown on a plan and shall be limited to removal at the percentage indicated in Subsection 9A, above.
C.
All forests and mature trees located within the area of the future
right-of-way shall be retained except where it is necessary to clear
for sight distance, driveways, new streets, removal of non-native
invasive species, or where the Township or PennDOT requires road widening
that necessitates tree or forest removal.
10.
Riparian Buffer Zone. A riparian buffer shall be preserved along
all intermittent and perennial streams, rivers, creeks, brooks, or
swales identified on the USGS Maps (U.S. Geodetic Survey); Natural
Resources Conservation Service Maps; delineated as waters of the commonwealth;
and/or identified on the Official Map prepared by Plumstead Township.
The riparian buffer shall be the transitional area extending 95 feet
outward from the top-of-bank of the watercourse. Riparian buffers
shall remain undisturbed and permanently protected. Riparian buffer
areas shall not be altered, graded, filled, piped, diverted, or built
upon except for roads, pedestrian paths and utility crossings where
approved by the Township, the design represents the least possible
disturbance, and no other alternative access is available.
11.
No property existing as of the date of this amendment may be subdivided
into smaller parcels in order to avoid the natural resource restrictions
and/or open space requirements of this section and this chapter.
[Ord. 01-09-18-1, 9/18/2001, § 2401]
In order to meet the natural resource protection standards of § 27-2401, all applicants shall provide the following information with application for a zoning permit or building permit. Where subdivision and land development approval is requested, the applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter.
A.
For all uses on lots established by subdivision application filed
after the effective date of this chapter, the following information
shall be provided.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
(1)
Unless a larger building envelope is specified in another section
of this chapter, all lots shall have a contiguous building envelope
of at least an area as indicated below within the building setback
lines of the lot. The purpose of the identification of a building
envelope 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 resource protection
standards and minimum setback requirements of this chapter.
|
Minimum Building Envelope Required
| |
|---|---|
|
District
|
Uses B1, B2, B3 and B8
|
|
RP
|
20,000
|
|
RO
|
10,000
|
|
R-1
|
7,500
|
|
R-2
|
5,000
|
|
R-3
|
2,000
|
|
R-4
|
2,000
|
|
R-5
|
2,000
|
|
VR and VC
|
2,000
|
(2)
For uses with on-lot waste water disposal systems, a 3,000 square foot or larger area, in addition to the minimum building envelope specified in Subsection A(1) above, shall be identified for the location of the sewage system. This additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 27-2401.
(3)
Applicants for zoning permits and/or subdivision and land development
approval shall submit the following information:
(a)
A site plan which illustrates all natural resources on the site
and the proposed use on the site.
(b)
All encroachments and disturbances necessary to establish the
proposed use on the site.
(c)
Calculations which indicate the area of the site with natural
resources; the area of natural resources that would be disturbed or
encroached upon; and the area of the site included in the building
envelope.
B.
The following site capacity calculations shall be submitted with applications for any use that has an open space requirement. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces, and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space specified in § 27-304, Use Regulations, or in the district requirements of Parts 4 through 18, or the calculated resource protection area, whichever is the greater amount.
(1)
Base Site Area. Calculate the base site area. From the total
site area, subtract existing streets rights-of-way; existing utility
rights-of-way or easements; land that is not contiguous or is separated
from the parcel by a road; or land shown on previous subdivision or
land development plans as reserved for open space, natural resource
protection, recreation, open space preservation, or other purposes;
land used for purposes other than the intended primary use on the
site; and land in a different zoning district from the primary use
zoning district.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
|
Total site area
|
_____ acres
| |
|
-
|
_____ acres
| |
|
Base site area
|
=
|
_____ acres
|
(2)
Land With Resource Restrictions and Resource Protection Areas.
Calculate the land with resource restrictions and the resource protection
area. In the event that two or more resources overlap, only the resource
with the highest open space ratio shall be used in the calculations.
|
Resource
|
Protection Ratio
|
Acres of Land in Resource
|
Acres of Resource Protection Area
(Acres x Protection Ratio)
| |
|---|---|---|---|---|
|
100-year floodplain
|
1.00
|
x
|
|
|
|
Floodplain soils
|
1.00
|
x
|
|
|
|
Streams, watercourses, waters of commonwealth, waters of the
U.S., and riparian buffer areas
|
1.00
|
x
|
|
|
|
Lakes or ponds
|
1.00
|
x
|
|
|
|
Wetlands/wetland margins
|
1.00
|
x
|
|
|
|
Steep slope (more than 25%)
|
.85
|
x
|
|
|
|
Steep slope (15 to 25%)
|
.70
|
x
|
|
|
|
Forest (RP, RO, R-1, R-2, R-3, R-4, VR, and MHP)
|
.80
|
x
|
|
|
|
Forest (C-1, C-2, C-3, R-5, VC, LI, and Q)
|
60
|
x
|
|
|
|
TOTAL RESOURCE PROTECTION AREA= ________________________
| ||||
(3)
Minimum Open Space. Calculate the minimum open space for the
use by multiplying the base site area by the minimum open space ratio.
|
Base site area
|
_____ acres
| |
|
Minimum open space ration
|
x
|
_____
|
|
Minimum open space
|
=
|
_____ acres
|
(4)
Determine Required Protected Land for Open Space or Resource
Protection. The required protected land is the resource protection
area or the minimum open space, whichever is greater.
(5)
Net Buildable Site Area. Calculate the net buildable site area
by subtracting the required protected land from the base site area.
|
Base site area
|
_____ acres
| |
|
Required Protected land
|
-
|
_____ acres
|
|
Net Buildable Site Area
|
=
|
_____ acres
|
(6)
Number of Dwelling Units/Lots. Calculate the maximum number
of dwelling units by multiplying the base site area (or, in the case
of Use B16 only, gross site area) by the maximum density.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
|
Base site area
|
_____ acres
| |
|
Maximum density
|
x
|
_____
|
|
Number of dwelling units
|
=
|
_____
|
(7)
Impervious Surfaces. Calculate the maximum area of impervious
surfaces by multiplying the base site area (or, in the case of Use
B16 only, gross site area) by the maximum impervious surface ratio.
|
Base site area
|
_____ acres
| |
|
Maximum impervious surface ratio
|
x
|
_____
|
|
Impervious surface
|
=
|
_____
|
[Ord. 01-09-18-1, 9/18/2001; as amended by Ord. 2005-05, 6/21/2005]
1.
Overlay District. In order to support the goals and policies of the Lower Delaware River Management Plan, prepared by the Delaware River Wild and Scenic River Task Force and the National Park Service, an overlay district is hereby created which shall extend along the Delaware River, Tohickon Creek, and tributary watercourses. The Overlay District shall not extend into the VC Village Center Zoning District or the Q Quarry Zoning District located within the Delaware River Management Area. The boundary of the Overlay District shall be defined as the area at an elevation of 400 feet, as shown on the Lumberville, Pennsylvania, USGS Quadrant Map, and all lower elevations extending in a direction toward the Delaware River and its tributary waterways. A copy of the map of the Delaware River Management Area is attached to this chapter and made a part hereof as Appendix C.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
2.
Regulations Applicable. Within the River Overlay District, Use E1,
Utilities, shall not exceed a height of 35 feet. There shall be no
towers, switching stations pumping stations, public water facilities,
or sewage treatment plants permitted.
[Ord. 01-09-18-1, 9/18/2001, § 2403; as amended by Ord. 2005-05, 6/21/2005]
1.
General Requirements.
A.
Land preservation subdivisions, mobile home parks, and any other
use that is required to contain open space under the terms of this
chapter shall meet the open space requirements of this chapter. The
plan shall contain materials to establish the method by which open
space shall be protected, maintained, used, and owned. The plan and
other materials shall be construed as a contract between the land
owner(s) and the Township and shall be noted on all deeds.
B.
Where open space is designated on a subdivision plan or is restricted
from further subdivision or development by a restriction in a deed
and/or by a note on a subdivision plan, the open space shall not be
further subdivided or developed, regardless of an intervening zoning
or other ordinance change. The plans shall contain the following statement:
"open space which is designated on this subdivision plan or is restricted
from further subdivision and development by a restriction in a deed
and/or by a note on a subdivision plan shall not be developed or further
subdivided, regardless of an intervening zoning change."
2.
Layout of Open Space in the RO Districts. The open space requirements
for the RO District shall be met where open space is proposed. The
resulting open space shall be used to the greatest extent possible
for the preservation of farmland. Open space for agricultural use
shall be land that has been in cultivation and where prime agricultural
soils are located. Where open space is required, it shall be contiguous
to existing farmed lands.
3.
Open Space Purposes and Uses.
A.
All plans shall designate the use of open space, the type of maintenance
to be provided, and a planting plan. Open space is land that will
be used for any of the following purposes and no other:
(1)
To conserve natural or scenic resources, including but not limited
to streams, wetlands, floodplains, forests. Areas designated as open
space to preserve natural resources as required by this chapter shall
remain undisturbed and in a natural state.
(2)
To preserve agricultural land.
(3)
To augment recreation or public open space opportunities, an area designated for open field play or fields for active recreation may be designated where the land does not contain natural resource restrictions and is not designated as farmland; where such use is recommended by the Township Park and Recreation Board and approved by the Board of Supervisors; and where the size, shape, topography, and soils make it suitable and usable for recreational use. Lands established as a common green that shall be accessible to the public and central to the proposed development can also be designated for open field play or fields for active recreation. Open space to be used for recreational purposes shall be in addition to any recreational requirement imposed by Chapter 22, Subdivision and Land Development, of the Township Code, as mandatory dedication of recreation land.
(4)
To preserve sites of historic, geologic, or botanic interest.
(5)
To enhance the value of existing parks, forests, wildlife preserves,
nature preserves, or other public open spaces by preserving land abutting
such existing parks or open space serving these purposes listed in
this subsection.
B.
Minimum width bufferyards do not count as open space. However, required
open space may be used to meet the requirements for buffers where
the open space has a minimum contiguous area of four acres and a minimum
dimension of 200 feet.
C.
Required open space shall not include any area which is required
by this chapter for minimum yards or setbacks or building separations
or areas on which buildings are located.
D.
Stormwater facilities or basins (retention or detention) may be located
in open space, but the land area of the stormwater facility and/or
basin, as defined by the extent of the stormwater or drainage easement,
may not be used to meet the minimum open space requirements for the
use or district.
E.
Open space whose purpose or resulting effect is to enhance the private
yards of individual lots shall not be considered to meet this chapter's
requirements for open space and shall not be counted in the calculation
of minimum required open space. Narrow or irregular pieces of land
that serve no public open space function or are remnants left over
after the lots, streets, and parking areas have been laid out shall
not be considered to meet this chapter's requirements for open space
and shall not be counted in the calculation of minimum required open
space.
4.
Ownership of Open Space. Any of the following methods may be used
to preserve, own, or maintain open space: condominium, homeowners'
association, dedication in fee simple to the Township or to a county
or state government, dedication of easements to a municipal government
or conservation organization, or transfer to a private conservation
organization. The following specific requirements are associated with
each of the various methods:
A.
Open space may be offered for dedication to Plumstead Township as
a fee simple dedication. The Township may, but shall not be required
to, accept any portion or portions of the offered open space, provided:
(1)
All areas of the accepted open space are freely accessible to
the public;
(2)
There is no cost of acquisition to the Township of the accepted
open space;
(3)
The Township has access to maintain the accepted open space;
(4)
The accepted open space shall be in an acceptable condition
to the Township at the time of transfer with regard to size, shape,
location, condition, and improvement; and
(5)
The accepted open space is separated from residential parcels
by fencing approved by the Township.
B.
Condominium. The open space may be controlled through the use of
condominium agreements. Such agreements shall be in conformance with
the Pennsylvania Uniform Condominium Act.[1] All open space land shall be held as common element. Such
land shall not be eligible for sale to another party except for transfer
to another owner permitted under this section, and then only where
there is no change in the open space ratio or the open space designated
on the record plans for the development.
[1]
Editor's Note: See 68 Pa.C.S.A. § 31010 et seq.
C.
Homeowners' Association. The open space may be held in common ownership
by a homeowners' association. Such land shall not be eligible for
sale to another party except for transfer to another owner permitted
under this section, and then only where there is no change in the
open space ratio or the open space designated on the record plans
for the development.
D.
Dedication of Easements. The Township or County may accept, but shall
not be required to accept, easements to any portion or portions of
the open space. In such cases, the land remains in the ownership of
the individual, condominium, or homeowners' association while the
easements are held in public ownership. The Township may accept such
open space easements where the designation of open space easements
serves the public purpose of preserving open space, scenic areas,
historic resources, farmland, or natural resources and where all deed
and easement documents insure the permanent preservation of open space
and natural resources. The Township may require this method where
it seems it is the most appropriate way of preserving land in open
space.
E.
Transfer to a Private Conservation Organization. With permission
of the Township, an owner may transfer either the fee simple title,
with appropriate deed restrictions running in favor of the Township,
or easements, to a private, nonprofit organization, among whose purposes
it is to conserve open space land and/or natural resources, provided
that:
(1)
The organization is acceptable to the Township and is a bona
fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provision for transfer to
the Township in the event that the organization becomes unwilling
or unable to continue carrying out its functions.
(3)
The maintenance agreement acceptable to the Township is entered
into by the developer and the organization.
F.
Deed Restrictions. Natural resource protection land or open space,
as required by this chapter, may be held in the ownership of an individual
property owner(s). This form of ownership of open space will be subject
to all the following requirements:
(1)
It may be used only if approved by the Board of Supervisors,
at their sole discretion.
(2)
Restrictions meeting Township specifications must be placed
in the deed for each property 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.
(3)
It will be clearly stated in the individual deeds that the maintenance
responsibility lies with the individual property owner.
(4)
There shall be no structures placed within deed restricted open
space.
[Amended by Ord. No. 2023-02, 2/14/2023]
(5)
Lands shall also be subject to a conservation easement.
G.
Nonresidential Uses. For nonresidential uses, bufferyards and areas
of natural resource restricted lands may be held with the ownership
of the entire parcel, provided the bufferyards and natural resource
restricted areas are deed restricted to ensure their protection and
continuance.
H.
Multifamily or Townhouse Developments. In the case of multifamily
or townhouse residential uses, the open space land may be in the same
ownership as that of the development, provided that the land is deed
restricted and subject to a conservation easement to ensure its protection
and continuance and that a maintenance agreement suitable to the Township
is provided. For any of these options the Township may accept, but
is not required to accept, an easement to the open space land in the
development.
5.
Layout of Open Space.
A.
Common open space shall be clearly delineated from private open space
and from yards of private lots by a fence or landscaping or a combination
thereof along its entire length.
B.
Access to common open space or to open space to be dedicated to the
Township shall be provided so that residents of the proposed development
can reach the open space. Where pathways are provided between lots,
the accessway shall have a minimum width of 25 feet and shall be delineated
with a fence.
6.
Costs. Unless otherwise agreed to by the Township or county, the
cost and responsibility of maintaining open space shall be borne by
the property owner, condominium association, or homeowners' association.
If the open space is not properly maintained, the Township may assume
responsibility of maintenance and charge the property owner, condominium
association or homeowners' association a fee which covers maintenance
cost, administrative costs, and penalties as stipulated in this chapter.
7.
Open space that has been preserved and protected from development
by any means, including the development process, purchase of easement
by a public entity, preservation by private conservation easement
or deed restriction, shall not be used to meet the open space requirements
or minimum lot area or yard requirements for any other use or development.
8.
No portion of required open space may be used for sewage lagoons,
ponds, or spray fields for land application of wastewater.
9.
Open space areas may contain underground utilities except well protection
areas. Surface utilities, including, but not limited to, water tanks,
transmission towers, antennas, pump stations, wells, and wastewater
treatment plants, shall not be included or located in the required
open space area and shall be located on a separate lot outside the
perimeter of the open space area.
[Ord. 01-09-18-1, 9/18/2001, § 2404; as amended by Ord. 2004-06, 11/10/2004, Art. V; by Ord. 2005-05, 6/21/2005; and
by Ord. 2008-02, 2/28/2008]
1.
Purpose and Applicability.
A.
Bufferyards shall be required where a nonresidential zoning district
(VC, C-1, C-2, C-3, LI, and Q) adjoins a residential zoning district
(RP, R-O, R-1, R-2, R-3, R-4, R-5, VR, and MHP) or where a residential
zoning district (RP, R-O, R-1, R-2, R-3, R-4, R-5, VR, and MHP) adjoins
property preserved in perpetuity through the Plumstead Township preservation
program or through any private, Township, county, state, or federal
land preservation program or adjoins Township, county, state, or federal
parkland, except that bufferyards are not required for VR and VC Zoning
District properties adjacent to existing roads.
B.
Parts 3 through 18 of this chapter require bufferyards for certain
uses regardless of adjacent zoning. The width and planting content
of these bufferyards are dependent on the proposed use, adjacent uses
and adjacent road classifications.
C.
Bufferyards shall not overlap the required front, side, or rear yards
nor be included within the area necessary to meet minimum lot area
requirements.
D.
Bufferyard areas shall not be included in the calculation of required
open space, unless they border an open space area that has a minimum
width of 200 feet and a minimum contiguous area of four acres.
E.
Existing Buffers.
(1)
When located within a required bufferyard, all existing deciduous trees larger than three inches in caliper and existing evergreen trees six feet in height may be considered to contribute to the definition of an existing buffer on the property, provided these trees conform with all the applicable requirements of § 27-2405.
(2)
A bufferyard area may include existing hedgerow, at the discretion
of the Township.
(3)
Where an area subject to the bufferyard requirements of this
Part borders an existing bufferyard, the Board, at its own discretion,
may permit these bufferyard requirements be waived or reduced.
F.
Bufferyards
shall be required where the proposed land use adjoins a use indicated
on Table 1, Buffer Yard Classifications, Adjacent Land Use, below.
[Added by Ord. 2010-09, 11/3/2010, Art. IX]
G.
Fences,
when approved by the Board of Supervisors and only as part of a subdivision
and/or land development project, may be allowed in a buffer yard.
[Added by Ord. 2010-09, 11/3/2010, Art. IX; amended by Ord. No. 2023-02, 2/14/2023]
H.
The
owner of a property where a bufferyard was required by this chapter
and installed pursuant thereto shall be required to maintain the buffer
and replace the vegetation within the buffer for so long as a requirement
for a buffer exists under this chapter.
[Added by Ord. 2010-09, 11/3/2010, Art. IX]
2.
Minimum Buffer Area Widths.
A.
The minimum width for bufferyards required where a nonresidential
zoning district (VC, C-1, C-2, C-3, LI, and Q) adjoins a residential
zoning district (RP, RO, R-1, R-2, R-3, R-4, R-5, VR, and MHP) shall
be as follows:
|
District
|
Minimum Width
(feet)
| |
|---|---|---|
|
VC
|
Village Center
|
10
|
|
C-1
|
Neighborhood Commercial
|
25
|
|
C-2
|
Highway Commercial
|
65
|
|
C-3
|
Planned Shopping Center
|
50
|
|
LI
|
Light Industrial
|
45
|
|
Q
|
Quarry
|
75
|
|
Table 1. Buffer Yard Classifications
Adjacent Land Use
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Proposed Land Use
|
Agricultural (A)
|
Single(1) Detached (B)
|
Single (2) Cluster (B)
|
Other (3) (B)
|
Institutional (C)
|
Recreational (D)
|
Utilities/Service (E)
|
Office (F)
|
Commercial/Consumer (G)
|
Industrial (H)
|
|
Agricultural (A)
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Single-Family(1) Detached (B)
|
D
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Single-Family(2) Cluster (B)
|
D
|
D(4)
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Other Residential (3) (B)
|
D
|
B
|
B
|
–
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Institutional (C)
|
A
|
A
|
A
|
A
|
–
|
–
|
–
|
–
|
–
|
–
|
|
Recreational (D)
|
A
|
A
|
A
|
A
|
A
|
–
|
–
|
–
|
–
|
–
|
|
Utilities/Service (E)
|
A
|
C
|
C
|
C
|
B
|
B
|
-
|
-
|
–
|
–
|
|
Office (F)
|
A
|
C
|
C
|
C
|
A
|
B
|
B
|
–
|
–
|
–
|
|
Commercial/
Consumer (G)
|
A
|
E
|
E
|
E
|
C
|
C
|
A
|
B
|
–
|
B
|
|
Industrial (H)
|
A
|
E
|
E
|
E
|
C
|
C
|
A
|
B
|
B
|
–
|
|
Notes:
| |
|---|---|
|
(1) Single-Family Detached consists
of Uses B1 and B8.
| |
|
(2) Single-Family Cluster consists
of Uses B2, B3 and B15.
| |
|
(3) Other Residential Uses consists
of B4, B5, B6, B7, B9, B10, B11, B12, B13, and B14.
| |
|
(4) Where a bufferyard with a greater
width is required by a prior Plumstead Township Zoning Ordinance and
shown on a recorded plan for a Single-Family Cluster lot (Use B2,
B3, or B15) or adjoining an existing Single-Family Detached Dwelling
lot (Use B1 or B8), the prior buffer may not be reduced unless:
| |
|
(b) Existing plant material/fencing
is deemed acceptable upon agreement by the affected and adjacent property
owners and approved by the Board of Supervisors.
| |
|
TABLE 2. BUFFER YARD CLASSIFICATIONS
Adjacent Road Classification
| ||||||
|---|---|---|---|---|---|---|
|
Proposed Land Use
|
Expressway
|
Arterial
|
Major Collector
|
Minor Collector
|
Local Access
| |
|
Agricultural (A)
|
-
|
-
|
-
|
-
|
-
| |
|
Single-Family(1) Detached(B)
|
B
|
B
|
A
|
-
|
-
| |
|
Single-Family(2) Cluster(B)
|
B
|
B
|
A
|
-
|
-
| |
|
Other Residential(3) (B)
|
B
|
B
|
A
|
-
|
-
| |
|
Institutional (C)
|
A
|
A
|
-
|
-
|
-
| |
|
Recreational (D)
|
A
|
A
|
-
|
-
|
-
| |
|
Utilities/Service (E)
|
A
|
A
|
-
|
-
|
-
| |
|
Office (F)
|
A
|
A
|
-
|
-
|
-
| |
|
Commercial/ Consumer (G)
|
A
|
A
|
-
|
-
|
-
| |
|
Industrial (H)
|
B
|
B
|
B
|
A
|
-
| |
|
Notes:
| ||||||
|---|---|---|---|---|---|---|
|
(1) Single-Family Detached consists
of Uses B1 and B8.
| ||||||
|
(2) Single-Family Cluster consists
of Uses B2, B3, and B15 and B16.
| ||||||
|
(3) Other Residential Uses consist
of B4, B5, B6, B7, B9, B10, B11, B12, B13, and B14.
|
B.
Specific uses described in Parts 3 through 18 that require bufferyards
regardless of adjacent zoning district shall have bufferyards based
on adjacent uses and road classification.
(1)
Five classes of bufferyard, designated with the letters A through
E, representing varying density and variety of plantings, are provided.
(2)
For each property boundary, the applicant shall determine the
adjacent land use or road classification. The required bufferyard
for each property line shall be as specified in Table 1 and Table
2 below by matching the proposed use with adjacent land use or road
classification. The corresponding letter indicates the required bufferyard
class.
3.
Buffer Yard Planting Requirements.
A.
Planting strips within each class of buffer shall include the following
plant material and spacing.
(1)
Class A.
(a)
One medium-to-large deciduous tree per 60 feet, plus one evergreen
tree per 60 feet.
(2)
Class B.
(a)
One medium-to-large deciduous tree per 40 feet on boundary,
one small deciduous tree per 60 feet, and one evergreen per 60 feet,
arranged on a berm varying in height between one foot and four feet
within the bufferyard; or
(b)
One medium-to-large deciduous tree per 40 feet and one hedgerow
per 20 feet, arranged within the bufferyard on a berm varying in height
between one foot and four feet on boundary; or
(c)
One medium-to-large deciduous tree per 40 feet and one evergreen
per 30 feet, arranged within the bufferyard on a berm varying in height
between one foot and four feet within the bufferyard.
(3)
Class C.
(a)
One hedge or large shrub on boundary (four feet on centers)
and one evergreen per 25 feet, arranged within the bufferyard; or
(b)
One evergreen every 20 feet on a berm varying in height between
one foot and four feet within the bufferyard; or
(c)
One evergreen per 25 feet and one large shrub per eight feet
arranged within the bufferyard; or
(d)
One evergreen per 20 feet and one small shrub per four feet
arranged within the bufferyard.
(4)
Class D. A combination of evergreens, hedges, and small deciduous
trees planted on a berm with the following requirements: one hedge
on four-foot centers, plus one evergreen tree per 25 feet, plus one
small deciduous tree per 25 feet, staggered in a natural pattern,
plus a split rail fence or other fence, each subject to the approval
of the Board of Supervisors.
B.
Buffer plantings required on boundary lines shall be placed three
feet to five feet inside the boundary line.
5.
General Requirements.
A.
All bufferyards shall be maintained and kept clean of all debris,
rubbish, weeds and tall grass.
B.
No structure, accessory structure, manufacturing or processing activity,
sign, parking area, stormwater management facility, or storage of
materials shall be permitted in the buffer area. Driveways shall be
permitted to cross through buffer areas but only to permit access
to a lot.
[Amended by Ord. No. 2023-02, 2/14/2023]
C.
Plant materials shall be permanently maintained. Any plant material
which does not live shall be replaced within six months.
D.
Prior to issuance of any zoning permit, complete plans showing the
arrangement of all bufferyards upon the site, along with the placement,
species and size of all plant materials, the placement, size, design,
and materials of all berms, and the placement, size, materials, and
type of all fences to be placed within such bufferyards, shall be
submitted to the Township. Such plans shall be reviewed by the Zoning
Officer to ascertain that the proposed bufferyards are in conformance
with the terms of this chapter.
E.
Planting Design. Plant material within bufferyards should be installed
in clusters that will give privacy but do not block views or vistas.
The exception shall be commercial, industrial, and high-density residential
uses bordering single-family residential uses where a dense, visual
screen is encouraged.
