Except as provided by law or in this chapter, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in § 195-16 and for the zoning districts so indicated in Articles IV through XVIII. On any property, parcel, or tract of land, only one principal use shall be permitted as provided by § 195-15, Table of Use Regulations.
B.
A use listed in Articles IV through XVIII may be permitted as a special exception provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 195-16 and 195-118, other regulations set forth in this chapter and the Township Code of Ordinances, and such further restriction as said Board may establish.
C.
A use listed in Articles IV through XVIII may be permitted as a conditional use provided the Board of Supervisors, having received positive recommendations from the Planning Commission, grants the conditional use subject to the expressed standards set forth in §§ 195-16 and 195-120, other regulations set forth in this chapter and the Township Code of Ordinances, and such further conditions that the Board of Supervisors may impose to ensure the protection of adjacent uses, or the health, safety or general welfare.
D.
A use not listed in Articles IV through XVIII as noted above is not permitted in the specific zoning district. In the event a legal use of land or structure is not listed as a use permitted by right, special exception or conditional use in any zoning district in the Township, the procedures of § 195-14 shall apply. It is the intent of this chapter to provide for all legal uses.
Uses permitted by right, by conditional use, or by special exception
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, easements, provisions
for off-street parking and loading, buffer yards, and plantings and
to such other provisions as are specified in other articles hereof.
In particular, the laws of the commonwealth and the regulations of
the Pennsylvania Department of Environmental Protection (PADEP) and
the Bucks County Department of Health regarding water supply and waste
disposal shall be adhered to. Furthermore, no zoning permit shall
be issued for any new construction, new use, or change in use which
would involve and increase sewage flows unless approval is obtained
from the PADEP and the Bucks County Department of Health. Additionally,
all new construction, new uses, or changes of use which involve increased
sewage flows shall comply with Warwick Township's Act 537 Plan. No
zoning permit shall be issued for any new construction, new use, or
change in use which would increase stormwater volume, velocity, or
points of discharge without compliance with the stormwater management
regulations of this code.
A.
No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the temporary zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation. Temporary accessory uses shall comply with all requirements of § 195-16I(3).
B.
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to § 195-16I(3).
Other uses, not specifically or adequately defined in § 195-16 of this chapter, may evolve after the enactment of this chapter. From time to time, however, such uses may become reasonable and appropriate uses, and it is the purpose of this section to establish a mechanism for inclusion of such additional uses in the Township.
A.
The landowner, equitable or otherwise, shall submit his/her request
for inclusion of a specific use to the Zoning Officer with illustrations
and explanatory information which fully describe the use and the manner
in which the proposed use substantially differs from permitted uses
in this chapter.
B.
The Zoning Officer shall review the submission and render a determination
as to whether or not the proposed dwelling type or use falls within
any of the permitted use classifications of this chapter, is a variation
of a permitted use, or is not permitted by ordinance.
C.
Generally, it is the intent of this chapter that:
(1)
Residential uses be located in the residential districts.
(2)
Institutional, office, commercial, and consumer service uses be located
in the commercial or office zoning districts.
(3)
Industrial uses be located in the LI Limited Industrial District.
(4)
It is the intent of this chapter to provide for all legal uses.
D.
Such uses shall be permitted in the districts noted above subject to density, area, dimensional and other requirements of the district as conditional uses under § 195-120 of this chapter.
E.
Any uses not adequately defined shall be referred to the Zoning Hearing
Board.
Any deed restriction duly recorded by a note of restriction
on a plan or deed recorded at the office of the Bucks County Recorder
of Deeds, unless such restriction is shown to be unconstitutional
or otherwise legally invalid, shall be given full effect as a part
of this chapter.
The Table of Use Regulations is appended at the end of this
chapter.
A.
Agricultural uses.
(1)
A1 General Farming. The production of agricultural, horticultural,
arboricultural, viticultural and dairy products; the keeping of livestock,
poultry, fowl and the products thereof; the raising of fur-bearing
animals and the products thereof; the products of poultry and bee
raising. All buildings (barns, sheds, silos, etc.) associated with
this use.
(a)
Minimum lot area: two acres, provided that no more than two
heads of swine shall be located on any lot under 10 acres and that
animals of the equidae family shall be located on a property at the
ratio no greater than two animals to one acre of land.
[Amended 11-7-2011 by Ord. No. 2011-12]
(b)
Any building or structure used for the keeping or raising of
bees, livestock, horses, poultry or fowl shall be situated not less
than 100 feet from any street line or property line. Any grazing for
poultry shall be located not less than 100 feet from any street line
or property line.
(c)
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
(e)
Maximum impervious surface ratio: 3%.
(f)
Riding academies, livery or boarding stables and commercial
dog kennels are not included under this use.
(g)
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(h)
Retail sales shall meet the requirements of Use A3 Agricultural
Retail.
(i)
For the keeping of bees, shade and water shall be provided in
the immediate vicinity of the hives.
(2)
A2 Farm Unit. Detached dwelling units for the sole use of the property
owner, immediate family members of the property owner and persons
engaged in agricultural employment on the property. Immediate family
members shall be limited to parents, grandparents, siblings, sons
and daughters.
(a)
A farm unit is an accessory use which shall be clearly subordinate
to primary uses A1, A4, A6, A7, A8 and A9.
[Amended 6-18-2018 by Ord. No. 2018-1]
(b)
Maximum density: 0.5 dwelling unit per acre.
(c)
A farm unit shall meet the minimum yard and setback requirements
of Use B1 Detached Dwelling, from any street line or property line
and between other farm units on the property.
(d)
Parking: two off-street parking spaces per dwelling unit.
(3)
A3 Agricultural Retail. The retail sales of agricultural products
at roadside stands or other structures to the general public.
(a)
Agricultural retail is an accessory use which shall be clearly
subordinate to primary uses A1, A4, A7, A8 and A9.
[Amended 6-18-2018 by Ord. No. 2018-1]
(b)
A minimum of 50% of the products sold must be grown, produced
or raised on the property; the remaining 50% of products sold shall
be raised, grown, or produced within the local area.
(c)
The maximum floor area shall be limited to 2,000 square feet
for agricultural retail uses related to agricultural uses A1, A4,
A6 and A7.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d)
Agricultural retail uses shall meet the yard and setback requirements
for the related primary agricultural use.
(f)
Parking: one off-street parking space for each 200 feet of sales
area, plus one space for each employee.
(4)
A4 Intensive Agriculture. Greenhouses; mushroom houses; feedlots;
confinement livestock or poultry operations taking place in structures
or closed pens.
(a)
Minimum lot area: 10 acres.
(b)
Any building or structure used for the keeping or raising of
livestock, horses or poultry shall be situated not less than 100 feet
from any street line or property line.
(c)
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
(e)
Maximum impervious surface ratio: 35%.
(f)
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g)
Retail sales shall meet the requirements of Use A3 Agricultural
Retail.
(h)
All applicable regulations of the Pennsylvania Department of
Environmental Protection shall be met.
(i)
Feedlots, pens and confinement areas shall not be situated less
than 30 feet from any stream or swale and shall not be located within
any identified floodplain area.
[Amended 3-16-2015 by Ord. No. 2015-5]
(j)
The raising of garbage-fed animals is not permitted.
(k)
Commercial dog kennels and the raising of animals for fur or
skins are not included in this use.
(l)
No area for the storage or processing of manure, garbage, or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
(n)
Parking: one off-street parking space for each employee.
(5)
A5 Commercial Forestry. For the purpose of this chapter, "commercial
forestry" shall mean the removal of trees from a forest or wooded
area. Commercial forestry includes the selective cutting of trees
for sale as lumber, pulp, firewood, and the like; and the removal
of trees from a portion of a forest. In order to preserve forests
and the environmental and economic benefits they provide, it is the
policy of the Township of Warwick to encourage the owners of forestland
to continue to use their land for forestry purposes, including the
long-term production of timber, recreation, wildlife and amenity values.
(a)
A zoning permit shall be required for commercial forestry activities.
An individual property owner, however, need not obtain a permit to
cut a tree or trees as part of normal home maintenance and upkeep.
The following activities are specifically exempt from the permitting
requirements:
[1]
Removal of diseased or dead trees.
[2]
Removal of trees which are in such a condition or physical position
as to constitute a danger to the structures or occupants of properties
or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands per year,
not to exceed a total of 10 trees per lot, or any combination of adjoining
lots in common ownership, which are 12 inches or more in diameter,
measured at breast height (dbh), and not covered by the exemptions
in the foregoing two subsections.
[4]
Building permit; forest management plan.
[a]
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 20 feet of such building, structure or use, and all space within five feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system, or permitted accessory uses, provided that no trees may be removed in violation of § 195-19.1 (in this chapter) or 195-60 of the existing Zoning Ordinance.
[b]
Applications for all other commercial forestry
activities shall be accompanied by a forest management plan prepared
by a forester, forest technician, or forest plan preparer. Every landowner
on whose land timber harvesting is to occur shall prepare a written
forest management plan in the form specified by this chapter. No commercial
forestry activities shall occur until the plan has been prepared,
and reviewed and approved by the Township. The Township shall have
the authority to hire a qualified forestry professional to review
the plan and make recommendations. The cost of said forestry professional
shall be paid by the applicant. Once approved, the provisions of the
plan shall be followed throughout the commercial forestry operation.
The landowner and the operator shall be jointly and severally responsible
for complying with the terms of the forest management plan. Each plan
must contain the following components:
[i]
The criteria for selection of trees to be removed
will be clearly stated and will conform to a plan for sustainable
use of the forest resource. Such plan will describe how the health,
diversity, visual block, and general wildlife habitat of the forest
will be protected and the potential for future timber harvests maintained.
[ii]
The forest management plan must provide for a
selective cut which will maintain the diversity of species, age and
height of the forest.
[iii]
The forest management plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations, issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law),[1] and Chapter 105, Dam and Waterway Management Rules and
Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety
and Encroachment Act).[2]
[iv]
The forest management plan shall address, at a
minimum, the following:
[A]
Design, construction, maintenance and retirement
of the access system, including but not limited to haul roads, skid
roads, skid trails and landings.
[B]
Design, construction and maintenance of water control
measures and structures such as culverts, broad-based dips, filter
strips and water bars.
[C]
Design, construction and maintenance of stream
and wetland crossings.
[D]
Road use.
[E]
Restoration and regrading of the degradated areas
of the tract on which the logging will take place, including but not
limited to haul roads, skid roads, skid trails and landings.
[F]
General location of the anticipated operation in
relation to municipal and state highways.
[G]
Property boundary for the tract on which the logging
will take place and boundary of the proposed harvest area.
[H]
A stand description for each stand located in the
proposed harvest area.
[I]
Reforestation.
[J]
Copies of all required permits shall be submitted
as an appendix to the forest management plan.
[v]
The forest management plan shall include a site
map which contains the following information:
[A]
Site location and boundaries, including both the
boundaries of the property on which the timber harvest will take place
and the boundaries of the proposed harvest area(s) and future harvest
area(s) within the property.
[B]
Location of woodlands upon the property on which
the timber harvest will take place, and a stand description for each
stand of trees located in the proposed harvest area.
[C]
Significant topographic features related to potential
environmental problems.
[D]
Location of all earth disturbance activities such
as roads, trails, landings, and water control measures and structures.
[E]
Location of all stream crossings.
[F]
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
[vi]
Proof of current general liability and/or workers'
compensation insurance.
[vii]
Proof of Pennsylvania Department of Transportation
(PennDOT) highway occupancy permit or Township driveway permit for
temporary access, as applicable.
[viii]
Copy of Bucks County Conservation District "Letter
of Adequacy" for the proposed erosion control facilities, including
associated plans, reports, and other permits as required.
[ix]
The forest management plan shall address and comply
with the requirements of all applicable federal laws and regulations
including, but not limited to, the best management practices (BMPs)
as set forth at 33 CFR 323.4[a][6][i-xv].
(b)
The following requirements shall apply to all commercial forestry
operations:
[1]
The landowner shall notify the Township enforcement officer
at least 10 business days before any commercial forestry operations
commence and five business days prior to completion of all work prescribed
under the forest management plan. No timber harvesting shall occur
until the notice has been provided. Notification shall be in writing
and shall specify the land on which harvesting will occur, the expected
size of the harvest area, and, as applicable, the anticipated starting
or completion date of the operation.
[2]
The forest management plan, site map, and all related permits
shall be available at the commercial forestry operation site.
[3]
Any official or employee of the Township, including but not
limited to a forestry consultant hired by the Township, may go upon
the site of any commercial forestry operation before, during or after
active logging to:
[4]
General operational requirements. The following requirements
shall govern all commercial forestry operations:
[a]
A "no logging" buffer zone with a width of 50 feet
shall be maintained along any street abutting or running through a
property on which the commercial forestry operation is to be conducted.
The buffer shall be measured from the edge of the ultimate right-of-way
of a public street and from the easement boundary of a private street.
No trees shall be cut, removed, skidded, or transported in a "no logging"
buffer zone except as necessary for access to site from the street.
[b]
A "no logging" buffer zone with a width of 50 feet
shall be maintained along all properties abutting a property on which
the commercial forestry operation is to be conducted. The buffer shall
be measured from the property line. No trees shall be cut, removed,
skidded, or transported in a "no logging" buffer zone except as necessary
for access to site from a street.
[c]
A "no logging" buffer zone with a width of 75 feet
shall be maintained along both sides of any watercourse that abuts
or runs through a property on which the commercial forestry operation
is to be conducted. The buffer shall be measured from the high water
mark of the watercourse. No trees shall be cut, removed, skidded,
or transported in a "no logging" buffer zone.
[d]
Felling or skidding on or across any public thoroughfare
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of said thoroughfare.
[e]
No tops or slash shall be left within 25 feet of
any public roadway. All tops and slash between a distance of 25 feet
and 50 feet from a public thoroughfare shall be lopped to a maximum
height of six feet above the surface of the ground.
[f]
No tops or slash shall be left on or across a property
boundary without the consent of the adjoining landowner.
[g]
Litter (trash) resulting from any commercial forestry
operation shall be cleaned up and removed from the site before it
is vacated by the operator.
[h]
Any soil, stones and/or debris carried onto public
roadways must be removed immediately.
[i]
No aspect of commercial forestry activities shall
be permitted to occur within areas with slopes exceeding 25%.
[j]
[k]
[l]
The applicant shall, at least 14 days prior to
commencement of commercial forestry activities, send notice by first
class U.S. mail to all adjacent property owners indicating the intent
of the applicant.
[m]
All commercial forestry activities, including any
roads associated with such activities, shall comply with best management
practices (BMPs) as set forth at 33 CFR 323.4[a][6][i-xv].
[n]
The applicant for a commercial forestry zoning
permit shall post financial security in an amount determined by the
Township Engineer, sufficient to guarantee compliance with the terms
of the this chapter, the forest management plan, and to repair any
and all damage to public streets caused by the commercial forestry
activities.
[o]
When the harvest is completed, any and all dirt
roads, skid roads, skid trails, log landing areas, and/or log loading
areas must be regraded approximately to original contours, and be
seeded and mulched as necessary to establish stable ground cover.
(c)
All commercial forestry operations and forest management plans
shall comply with the requirements of all applicable state laws and
regulations including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).
[2]
Stream crossing and wetlands protection regulations contained
in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the
Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
[3]
Stormwater management plans and regulations issued pursuant
to the Storm Water Management Act (32 P.S. § 680.1 et seq.).
(6)
A6 Nursery. The outdoor raising of plants, shrubs and trees for sale
and transplantation. This use does not include the garden center use
which is regulated as commercial Use G32.
(a)
Minimum lot area: two acres.
(b)
Any building or structure shall meet the yard, lot width and
setback requirements for the applicable zoning district for Use B1
Detached Dwelling.
(c)
Maximum impervious surface ratio: 3%.
(d)
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(e)
Retail sales shall meet the requirements of Use A3 Agricultural
Retail.
(7)
A7 Farm Support Facility. Commercial grain or commercial feed mill.
Facility for the warehousing, sale and service of agricultural equipment,
vehicles, feed or supplies.
(a)
Minimum lot area: two acres.
(b)
Maximum impervious surface ratio: 40%.
(c)
The lot shall have frontage on and take access from an arterial
or a collector highway as designated in this chapter.
(e)
No area for the storage or processing of manure, garbage or
spent mushroom compost or structures for the cultivation of mushrooms
shall be situated less than 200 feet from any street or property line.
(f)
Parking: one off-street parking space for every 500 square feet
of total floor area plus one space for each company vehicle normally
stored on the premises.
(g)
Dwelling units shall meet the requirements of the use A2 Farm
Unit.
[Added 6-18-2018 by Ord.
No. 2018-1]
(h)
Retail sales shall meet the requirements of the use A3 Agricultural
Retail.
[Added 6-18-2018 by Ord.
No. 2018-1]
(8)
A8 Kennel – Commercial. An establishment, structure, lot or
portion of a lot on or in which more than six domestic animals including
dogs and cats are housed, bred, boarded, trained or sold or in which
laboratory animals or animals for furs and skins are raised.
(a)
Shows and/or competitions which occur on a property not more
than twice in any calendar year are not regulated under this use.
(b)
Minimum lot area: five acres.
(c)
No animal shelter or run shall be located closer than 200 feet
from any lot line.
(d)
Maximum impervious surface ratio: 6%.
(e)
Any building or structure, other than noted in Subsection A(8)(c) above, shall meet the lot width, yard and setback requirements for Use B1 Detached Dwelling for the applicable zoning district.
(f)
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g)
The buffer requirements of § 195-63 of this chapter shall be met. In addition to the foregoing, soundproofing materials shall be used sufficient to meet the noise requirements of this chapter along all property lines which abut an adjacent residential use or residential zoning district.
(h)
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
(i)
No area for the storage, processing or spraying of animal waste
shall be situated less than 200 feet from any street or property line.
Such storage or processing shall be approved by the Bucks County Department
of Health.
(j)
A zoning permit shall be obtained on an annual basis.
(k)
The potential effect of noise shall be considered in the approval
of this use.
(l)
Parking: one off-street parking space for each employee plus
one space for each 200 square feet of sales area.
(9)
A9 Riding Academy. An establishment where horses are boarded and
cared for and/or where instruction in riding, jumping and showing
is offered and/or the general public may, for a fee, hire horses for
riding.
(a)
Minimum lot area: five acres.
(b)
Any building or structure used for the keeping or raising of
livestock or horses shall be situated not less than 100 feet from
any street line or property line.
(c)
Silos shall be situated not less than 1.25 times the height
of the silo from any street line or property line.
(e)
Maximum impervious surface ratio: 3%.
(f)
Dwelling units shall meet the requirements of Use A2 Farm Unit.
(g)
Retail sales of related items shall be limited to a maximum
floor area of 750 square feet.
(i)
Parking: one off-street parking space for every three persons
present at such facilities when they are filled to capacity plus one
additional off-street parking space for each employee.
(10)
A10 Kennel – Noncommercial. An establishment, structure
or lot on or in which dogs, cats or domestic pets are kept for private
purposes.
(a)
No more than six such pets shall be kept under the permanent
care of the occupants.
(b)
No animal shelter or runs shall be located closer to the property
or street line than the minimum yard requirements specified for the
principal use.
(c)
A noncommercial kennel may be established only as an accessory
use.
(d)
Except for the sale of young animals born to pets kept under
the permanent care of the occupants, no animals shall be sold or offered
for sale on the property.
(e)
Minimum lot area: 1.5 acres.
(11)
All Accessory Farm Business. An accessory farm business is a
revenue-generating venture accessory to the principal agricultural
use that is conducted on the land. Allowable accessory farm businesses
are limited to educational tours, seasonal festivals featuring products
grown on the farm, animal shows with animals normally kept on the
farm, and private social gatherings of 300 or fewer guests.
[Added 4-20-2020 by Ord.
No. 2020-01]
(a)
The following requirements apply to accessory farm businesses:
[1]
The purpose of the establishment of this accessory use is to
encourage the continuation of farming and preservation of resident
farmers in Warwick Township by allowing working farmers to market
their products and services directly to the public as an accessory
use and in a manner that is compatible with the rural/residential
character of the Township. It is not the intent of this subsection
to allow farms to be used predominantly for commercial purposes.
[2]
The accessory farm business regulations shall not prevent or
regulate the sale of farm produce grown on properties within the Township's
Agricultural Security District, where such retail sale is permitted
under the Agricultural Area Security Law, Act 43 of 1981 (3 P.S. §§ 901
through 915), as amended. This subsection also shall not affect the
ability to sell farm products pursuant to Use A3 Agricultural Retail
accessory use when permitted. Both the Agricultural Area Security
Law and Use A3 of this Zoning Ordinance require that a minimum of
50% of the products sold shall be grown on the farm on which the retail
sale occurs.
[3]
An accessory farm business may only be operated by the person
or entity actively engaged in the principal agricultural use of the
property. An accessory farm business may not be operated by a subcontractor
or entity hired by the person or entity actively engaged in the principal
agricultural use of the property.
[4]
All accessory farm businesses shall secure zoning permits prior
to the onset of the accessory activity. Permit applications shall
demonstrate compliance with all federal, state, county and local laws,
ordinances, and regulations, including, but not limited to:
[a]
Requirements of the Bucks County Health Department
for water supply, sewage disposal, and restroom facilities;
[b]
All applicable Township Zoning and Code requirements,
including fire and building code requirements;
[c]
The applicant shall supply any other information
deemed necessary by the Zoning or Code Enforcement Officer to determine
compliance.
[5]
The accessory farm business is permitted as an accessory use
only. If any of the conditions to which the use is subject cease to
be met, then the accessory farm business use shall also cease.
(b)
In addition to complying with Subsection A(11)(a)[1] through [5] above, an accessory farm business is subject to the following additional requirements:
[1]
Minimum lot area required: 20 contiguous owned acres.
[2]
No activity or event or structure used for an activity or event
shall be located within 200 feet of a right-of-way line or property
line, except for parking areas, which may be located within 100 feet
of a right-of-way line or property line. All parking areas located
within 200 feet of a residential dwelling shall be buffered to prevent
noise and the visibility of headlights.
[3]
No activity or event shall continue past 9:00 p.m., Sunday through
Thursday, or past 10:00 p.m., Friday and Saturday.
[5]
Permitted activities and events are subject to the following
regulations:
[a]
Educational tours:
[i]
An annual permit is necessary to operate educational
tours.
[ii]
In addition to the permit application requirements set forth in § 195-16A(11)(a)[4], the permit shall specify the number of days per year that educational tours will take place on the farm and the curriculum involved.
[b]
Private social gatherings of 300 or fewer guests:
[i]
A permit shall be required for each private social
gathering.
[ii]
No farm use shall host more than eight private
social events per calendar year. A single private social gathering
shall not exceed one day in duration.
[iii]
Private social gatherings, regardless of size,
are not permitted to sell tickets or charge a fee for attendance.
[iv]
In order to secure a permit, the applicant must demonstrate compliance with Subsection A(11)(b)[6], Parking for accessory farm businesses.
[v]
Private social gatherings of 100 or fewer guests
do not have to comply with the minimum lot area or road access requirements
of this use.
[c]
Seasonal festivals and farm animal shows:
[i]
A permit shall be required for each farm animal
show and for each single seasonal festival.
[ii]
A seasonal festival must feature agricultural
products grown on the property on which the festival is held (i.e.,
pumpkins, peaches, apples, etc.).
[iii]
No more than eight such seasonal festivals or
farm animal shows shall be permitted per farm per calendar year. A
single seasonal festival shall not exceed three days in duration.
[6]
Parking for accessory farm businesses:
[a]
One off-street parking space for each 200 square
feet of area to be used for the accessory farm business use, plus
one space for each individual staffing the event. In addition to the
parking requirements of this section, seasonal festivals, farm animal
shows and private social events must demonstrate the capacity to provide
off-street parking for the anticipated number of attendees as part
of the permit process.
[b]
Off-street parking areas shall be provided in designated
areas to accommodate all attendees at any educational tour, seasonal
festival, farm animal show or private social gathering. Access from
public roads to the parking area shall be paved at a minimum of 100
feet in length and/or have a fifty-foot gravel tire-cleaning area.
[c]
Parking areas shall be adequately screened with
a Class A buffer. (See Attachment 3, Table 2, Planting Options, within
this chapter.)
[7]
A traffic control plan and a parking control plan shall be submitted
to and approved by the Township Police Department prior to receiving
a permit for events other than educational tours.
[8]
Access to the farm to be used for an accessory farm business
shall be from an arterial or collector road.
[9]
Lighting. No permanent outdoor lighting shall be installed or illuminated for an accessory farm business; temporary lighting may be used for an accessory farm business for the duration of the event only and may not shine or produce glare, as defined and regulated by § 195-70 of this chapter, on adjacent properties. No temporary light fixture installed or utilized for an accessory farm business event shall be located more than 20 feet above the ground. All event-related lighting is to be turned out 30 minutes after the event has concluded.
B.
Residential uses.
(1)
Dwellings.
(a)
B1 Single-Family Detached Dwelling. A single-family detached
dwelling unit on an individual lot with private yards on all sides
of the house. Single-family detached dwellings may include dwellings
constructed on the lot, prefabricated dwellings, manufactured dwellings,
modular dwellings and mobile homes.
[1]
If the dwelling is a mobile home, the following conditions shall
also apply:
[a]
No more than one mobile home shall be placed on
a single parcel and such mobile home shall be occupied by not more
than a single family.
[b]
The area between the ground level and the perimeter
of the mobile home shall be enclosed by a means of a suitable skirting.
[c]
Each mobile home shall be placed on a permanent
foundation of at least eight poured concrete or masonry pillars set
on a concrete base at least eight inches thick. The pillars shall
be spaced no more than 10 feet apart with the end pillars being no
farther than five feet from the ends of the unit. The pillars shall
be at least one foot by two feet in size and at least 36 inches below
grade. Each pillar shall have installed a tie-down ring to which the
mobile home shall be secured.
[2]
Area and dimensional requirements.
|
Yard Setbacks
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning Districts
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Maximum Building Coverage
(percent)
|
Front
|
Side
|
Rear
|
Maximum Impervious Percent Per Lot**
|
|
RA
|
2 acres
|
200
|
10%
|
40
|
30
|
30
|
15%
|
|
R1
|
40,000
|
150
|
15%
|
40
|
30
|
30
|
20%
|
|
R1a
|
10,000*
|
100
|
20%
|
40
|
20
|
25
|
35%
|
|
RR
|
20,000*
|
100
|
20%
|
40
|
20
|
25
|
30%
|
|
RG, R2
|
2 acres
|
200
|
10%
|
40
|
30
|
30
|
15%
|
|
MF-1
|
10,000*
|
90
|
20%
|
35
|
30
|
35
|
35%
|
|
MF-2
|
10,000*
|
90
|
20%
|
35
|
30
|
35
|
35%
|
|
O
|
12,500*
|
100
|
30%
|
40
|
30
|
30
|
35%
|
|
NOTES:
| |
|---|---|
|
*
|
If not served by public sewer and public water supply,
lot size shall be 40,000 square feet.
|
|
**
|
Maximum impervious surface shall be applied to and
be calculated on both a per-lot and per-site basis. The maximum impervious
surface per site shall be:
|
|
Zoning District
|
Maximum Impervious Surface Per Site
| |
|---|---|---|
|
RA
|
25%
| |
|
R1
|
30%
| |
|
R1a
|
45%
| |
|
RR
|
40%
| |
|
RG, R2
|
25%
| |
|
MF-1, MF-2, O
|
45%
|
[3]
The buffer requirements of § 195-63 of this chapter shall be met. All B1 subdivisions of 20 lots or more shall be surrounded by a fifty-foot perimeter buffer.
[4]
Open space.
[a]
Active open space.
[i]
Subdivisions or land developments of 10 lots or more: The developer
shall provide a minimum of five acres of open space for each 100 units
or fractional percentage thereof. In no case shall there be less than
2.5 acres of active open space.
[ii]
Subdivisions or land developments of more than five lots and
less than 10 lots: The developer shall provide a minimum of 1.5 acres
of active open space.
[iii]
Subdivisions or land developments of five lots
or less: The developer shall provide a contribution to the Township
Park and Recreational Fund in the amount of $5,000 per new building
lot.
[c]
Calculation of open space on a cumulative basis.
Any subdivision or land development of any tract which occurs after
November 16, 1998, the effective date of this subsection, will be
cumulative for the purpose of determining the number of lots in order
to calculate active open space requirements. If any subsequent subdivision
propels the total (cumulative) number of lots or units into a category
which requires more common or active open space than originally provided,
the additional open space shall be provided by the developer at the
time of the subsequent subdivision or land development.
[5]
Parking: two off-street parking spaces for dwellings having
three bedrooms or less; three off-street parking spaces for dwellings
having four bedrooms or more. Spaces inside a garage shall not be
counted as off-street parking spaces.
(b)
B1a Single-Family Semidetached (Twin). A one-family dwelling
attached to one other one-family dwelling by a common vertical wall;
each dwelling is located on a separate lot.
[1]
Area and dimensional requirements.
|
Yard Setbacks
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning Districts
|
Minimum Lot Area* (d.u.)**
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Maximum Building Coverage
(percent)
|
Front
|
Side
|
Rear
|
Maximum Impervious Percent Per Site***
|
|
MF-1
|
12,500
|
60
|
30%
|
40
|
15
|
30
|
40%
|
|
MF-2
|
12,500
|
60
|
30%
|
40
|
15
|
30
|
40%
|
|
C3
|
12,500
|
60
|
30%
|
40
|
15
|
30
|
40%
|
|
O
|
12,500
|
60
|
30%
|
40
|
15
|
30
|
40%
|
|
NOTES:
| |
|---|---|
|
*
|
If not served by public sewer and public water supply, minimum
lot size shall be 40,000 square feet.
|
|
**
|
Per dwelling unit.
|
|
***
|
Maximum impervious surface shall be calculated on both a per-lot
and per-site basis. The maximum impervious surface per lot coverage
shall be 30% for the B1a use in the MF-1, MF-2, and O Districts.
|
[2]
Open space.
[a]
Active open space.
[i]
Subdivisions or land developments of 10 lots or
more: The developer shall provide a minimum of five acres of open
space for each 100 units or fractional percentage thereof. In no case
shall there be less than 2.5 acres of active open space.
[ii]
Subdivisions or land developments of more than
five lots and less than 10 lots: The developer shall provide a minimum
of 1.5 acres of active open space.
[iii]
Subdivisions or land developments of five lots
or less: The developer shall provide a contribution to the Township
Park and Recreational Fund in the amount of $5,000 per new building
lot.
[c]
Calculation of open space on a cumulative basis.
Any subdivision or land development of any tract which occurs after
the effective date of this subsection, November 1, 2002, will be cumulative
for the purpose of determining the number of lots in order to calculate
active open space requirements. If any subsequent subdivision propels
the total (cumulative) number of lots or units into a category which
requires more common or active open space than originally provided,
the additional open space shall be provided by the developer at the
time of the subsequent subdivision or land development.
[3]
Parking: two off-street parking spaces for dwellings having
three bedrooms or less; three off-street parking spaces for dwellings
having four bedrooms or more, plus spillover parking of one space
for each two dwelling units (0.5 space per dwelling unit). Spaces
inside a garage shall not be counted as off-street parking spaces.
[4]
Perimeter buffer. There shall be a perimeter buffer of at least 50 feet surrounding any development in which B1a uses are located. The perimeter buffer shall be exclusive of required front, rear and side yard areas, and buffering between districts as required by § 195-63. The perimeter buffer shall include vegetation materials satisfactory to the Township, and shall, if deemed necessary by the Board of Supervisors, include a walking trail.
(c)
B1b Two-Family Detached (Duplex). A building on a single lot
containing two dwelling units, each of which is totally separated
from the other by an unpierced ceiling and floor extending from exterior
wall to exterior wall, except for a common stairwell, exterior to
both dwelling units.
[1]
Area and dimensional requirements.
[Amended 6-18-2018 by Ord. No. 2018-1]
|
Yard Setbacks
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Zoning District
|
Minimum Lot Area*
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Maximum Building Coverage
(percent)
|
Front
|
Side
|
Rear
|
Maximum Impervious Percent** Per Lot
|
|
C-3
|
12,500
|
60
|
30%
|
40
|
15
|
30
|
40%
|
|
MF-1
|
12,500
|
60
|
35%
|
40
|
15
|
30
|
50%
|
|
MF-2
|
12,500
|
60
|
35%
|
40
|
15
|
30
|
50%
|
|
O
|
12,500
|
60
|
35%
|
40
|
15
|
30
|
50%
|
|
NOTES:
| |
|---|---|
|
*
|
If not served by public sewer and public water supply, minimum
lot size shall be 40,000 square feet.
|
|
**
|
Maximum impervious surface shall be calculated on both a per-lot
and per-site basis.
|
[2]
Open space.
[a]
Active open space.
[i]
Subdivisions or land developments of 10 lots or
more: The developer shall provide a minimum of five acres of open
space for each 100 units or fractional percentage thereof. In no case
shall there be less than 2.5 acres of active open space.
[ii]
Subdivisions or land developments of more than
five lots and less than 10 lots: The developer shall provide a minimum
of 1.5 acres of active open space.
[iii]
Subdivisions or land developments of five lots
or less: The developer shall provide a contribution to the Township
Park and Recreational Fund in the amount of $5,000 per new building
lot.
[c]
Calculation of open space on a cumulative basis.
Any subdivision or land development of any tract which occurs after
the effective date of this subsection will be cumulative for the purpose
of determining the number of lots in order to calculate active open
space requirements. If any subsequent subdivision propels the total
(cumulative) number of lots or units into a category which requires
more common or active open space than originally provided, the additional
open space shall be provided by the developer at the time of the subsequent
subdivision or land development.
[3]
Parking: two off-street parking spaces for dwellings having
three bedrooms or less; three off-street parking spaces for dwellings
having four bedrooms or more. Spaces inside a garage shall not be
counted as off-street parking spaces.
[4]
Perimeter buffer. There shall be a perimeter buffer of at least 50 feet surrounding any development in which B1b uses are located. The perimeter buffer shall be exclusive of required front, rear and side yard areas, and buffering between districts as required by § 195-63. The perimeter buffer shall include vegetation materials satisfactory to the Township, and shall, if deemed necessary by the Board of Supervisors, include a walking trail.
(2)
B2 Cluster Subdivision.
(a)
General.
[1]
These regulations allow for the reduction in lot area and other
bulk requirements so that structures may be grouped in certain areas
of the development at higher densities than are generally permitted,
while the remainder of the site is in common open space. Although
cluster regulations permit increased densities, the provision of common
open space land allows the overall gross density of the development
to be compatible with that of the underlying zoning district.
[2]
Cluster development is permitted in order to promote the efficient
use of undeveloped lands and to facilitate the preservation and use
of open space lands for recreational and aesthetic purposes or other
general municipal or school district uses.
[3]
Cluster development shall be permitted as a conditional use.
The applicant proposing cluster development shall have the initial
burden of establishing that the proposed conditional use meets all
of the expressed standards and criteria set forth specifically in
the cluster development regulations section and the conditional use
section of this chapter and any other general standards and criteria
set forth in other sections of the chapter.
(b)
Standards for cluster development. Any development which proposes
to use a cluster design must have a significant natural feature or
features to be preserved as part of its common open space. These features
are as follows:
[2]
Located within an identified floodplain area as defined in Article II of this chapter.
[Amended 3-16-2015 by Ord. No. 2015-5]
[3]
Woodland: Woodlands are areas comprised of largely mature trees
in which the largest trees measure at least six inches dbh (diameter
at breast height or 4 1/2 feet above the ground). The woodland
shall be measured from the dripline of the outer trees. Woodlands
are also 10 or more individual trees which measure at least 10 inches
dbh and form a contiguous canopy.
[4]
Steep slope: any land with a slope in excess of 8%, which, because
of this slope, may also be subject to high rates of stormwater runoff
and erosion.
[5]
Wetland: an area of poorly drained soil, which is inundated
or saturated by surface water or groundwater during a significant
portion of each year and which supports a prevalence of vegetation
typical of saturated soil conditions. In addition, wetland areas are
determined by current criteria of the United States Army Corps of
Engineers and the Pennsylvania Department of Environmental Protection.
[6]
Recreation land: areas designated for a specific recreational
use, including, but not limited to, tennis, swimming, shuffleboard,
play field, basketball court and tot lot. Such areas shall be maintained
so as to avoid creating a hazard or nuisance and shall perpetuate
the proposed use.
(c)
Permitted districts and uses. Cluster subdivisions shall be
permitted in the RA and R1 Residential Districts subject to the following
provisions:
[1]
Cluster subdivision, Use B2, shall be permitted as a conditional
use in the R1 Residential Districts on sites of 15 acres or larger.
[2]
Cluster subdivision, Use B2, shall be permitted as a conditional
use in the RA Residential Districts as follows:
[a]
On sites of 15 contiguous acres but less than 20
contiguous acres, cluster subdivision is an optional, conditional
use.
[b]
On sites of 20 contiguous acres or larger, cluster
subdivision is permitted as a conditional use. Use B1 Detached Dwelling(s)
is not a permitted use except that subdivisions of not more five lots
or fewer for Use B1 Detached Dwelling(s) are permitted in any five-year
period. The five-year period shall be measured from the approval of
final subdivision plans for the first lot for Use B1.
(d)
Density and lot requirements for Use B2 in the R1 Residential
Districts.
[1]
Minimum site area. The minimum area for a cluster development
shall be not less than 15 contiguous acres.
[2]
Density. The overall density of a cluster development shall
not exceed 120% of the density permitted for Use B1 Single-Family
Detached Dwelling.
[3]
Lot and yard reduction.
[a]
In the R1 Residential District, dimensional and/or
performance standards shall meet the following minimum requirements:
[i]
Minimum lot area (square feet): 15,000.
[ii]
Minimum lot width at street line (feet): 75.
[iii]
Minimum lot depth (feet): 125. [NOTE: Measured
from the road right-of-way line.]
[iv]
Front yard depth (feet): 40.
[v]
Side yard width (feet): 15.
[vi]
Rear yard depth (feet): 30.
[vii]
Maximum impervious surface (per lot): 25%.
[viii]
Maximum impervious surface (per site): 35%.
[ix]
Building coverage: 15%.
[4]
Common open space regulations.
[b]
In addition to the significant natural features,
land in common open space may contain land surrounding historically
significant structures and sites, archaeological sites and land suitable
for recreational or other general municipal or school district uses.
[c]
Stormwater detention and retention basins shall
not be considered part of any calculated common open space.
[d]
No less than 50% of the base site area shall be designated for common open space. Additionally, active open space shall be provided as required by § 195-16B(2)(d)[5] below.
[e]
Active open space areas are intended to serve all
residents. Greenways shall lead to the major recreational areas.
[f]
All common open space areas shall be offered for
dedication to and for no consideration to be paid by the Township.
If the Board of Supervisors does not accept any or all of the required
open space, the open space may be held by a homeowners' association,
a private conservation organization, or other municipal or conservation
organization. In any event, an endorsement upon the deed and recorded
in the Bucks County Recorder of Deeds' office shall indicate that
all common open space land is restricted for use as open space or
other designated general municipal purposes in perpetuity. The developer
shall make adequate provision for the access to and maintenance of
open space and facilities within the open space area. Said provisions
shall be subject to the approval by the Board of Supervisors and the
Township Solicitor and shall be contained in deed restrictions which
shall be subject to the approval of the Board of Supervisors.
[5]
Active open space requirements. The developer shall provide
a minimum of five acres of active open space for each 100 units or
fractional percentage thereof.
(e)
Density and lot requirements for Use B2 in RA Residential District.
[1]
Minimum site area. Cluster subdivision, Use B2, shall be permitted
as a conditional use in the RA Residential Districts as follows:
[a]
On sites of 15 contiguous acres but less than 20
contiguous acres, cluster subdivision is an optional, conditional
use.
[b]
On sites of 20 contiguous acres or larger, cluster
subdivision is permitted as a conditional use. Use B1 Detached Dwelling(s)
is not a permitted use except that subdivisions of not more five lots
or fewer for Use B1 Detached Dwelling(s) are permitted in any five-year
period. The five-year period shall be measured from the approval of
final subdivision plans for the first lot for Use B1.
[2]
Density. The overall density of a cluster development shall
not exceed 120% of the density permitted in the underlying zoning
district for Use B1 Single-Family Detached Dwelling.
[3]
[4]
Prime farmland protection or common open space regulations.
[a]
No less than 50% of the base site area or 50% of
the prime farmland, whichever is the greater area of land, shall be
kept as open space.
[b]
Where less than 50% of the site is prime farmland, 50% of the site shall be designated as common open space and the provisions of Subsection B(2)(e)[4] above shall be met.
[d]
Stormwater detention and retention basins shall
not be located in any area of protected prime farmland.
(f)
Specific regulations.
[1]
The applicant, after showing the number of lots allowed according
to the provisions for a Use B1 Single-Family Detached Dwelling development
within the applicable zoning district by submission of a sketch plan,
shall then calculate the overall maximum density permitted for the
Use B2 Cluster Subdivision by multiplying the number of allowable
units by 120%.
[2]
All other applicable development procedures and requirements of Chapter 163, Subdivision and Land Development, shall be followed.
[3]
In the R1 District, the proposed development must be served
by public centralized water and public centralized sewage disposal
systems provided by the developer if existing public systems are not
available. All proposed sewage disposal systems shall be coordinated
in compliance with the Township's Act 537 Plan.
[4]
Areas for common open space and active open space shall be improved as required by the Township Board of Supervisors and Chapter 163, Subdivision and Land Development, regulations. Walking trails shall surround the residential sections of the cluster development.
[5]
Off-street parking requirements: two off-street parking spaces
for dwellings having three bedrooms or less; three off-street parking
spaces for dwellings having four bedrooms or more. Spaces inside garages
shall not be included in the count of off-street parking spaces.
[6]
Spillover parking requirements: 1/2 parking space per dwelling unit. If provided as parallel parking on street, parking space dimension shall be eight feet by 23 feet, and shall not include areas restricted from parking such as intersections, fire hydrants, etc. Adequate street widths must be provided in accordance with Chapter 163, Subdivision and Land Development, regulations to allow parallel parking.
(3)
B3 Performance Standard Development. Performance standard development
is a development or subdivision that permits a variety of housing
types subject to a series of performance standards. The performance
standard development requires the provisions of open space and limits
density and impervious surfaces. The following housing types are permitted
subject to the dimensional requirements as indicated below:
(a)
Single-family detached dwelling: a single detached dwelling
unit on an individual lot with private yards on all sides of the house.
Detached dwellings may include dwellings constructed on the lot, prefabricated
dwellings, manufactured dwellings, modular dwellings, and mobile homes
and mobile home parks. Dimensional requirements shall be as follows:
(b)
Single-family detached dwelling, off-center: a single detached
dwelling unit on an individual lot with private yards on all sides
of the house. The building is set close to one side property line
with a side yard which may be reduced to five feet, and the other
side yard shall be no less than 15 feet. The minimum distance between
dwellings on adjacent lots shall be 20 feet.
[1]
A fence, wall or hedge shall be placed in the wider side yard
extending from the dwelling unit to the side property line and shall
be parallel to the street. The fence, wall or hedge may be broken
by a walkway not exceeding four feet in width or a driveway to parking
areas in the side or rear of the lot. The driveway shall be at least
10 feet in width up to a maximum of 20 feet in width.
(c)
Village house: a single detached dwelling unit on an individual
lot with private yards on all sides of the house. It differs from
other forms of detached housing in the lot size and placement on the
lot. It is similar to the houses found in historic villages and towns.
The house is placed close to the street and is additionally distinguished
by planting or architectural elements.
[1]
Each unit shall meet two or more of the following characteristics:
[a]
An unenclosed porch, running across at least 3/4
of the house front, being at least seven feet in width.
[b]
A front yard raised above the sidewalk grade by
at least 30 inches, and a retaining wall of at least 18 inches in
height at the sidewalk.
[c]
A front yard enclosed by a wall, fence or permanent
construction at least 30 inches in height and one flowering shrub
per five feet across the width of the front of the house. A wall,
fence or any combination thereof shall not exceed 48 inches in height.
Height shall be determined based upon the elevation at the street
side of such wall, fence or combination thereof.
[d]
Hedge or shrubs planted 18 inches on center for
width of yard facing street and two flowering trees.
(d)
Single-family semidetached: a building designed for and used
exclusively as a residence for only one family and having a party
wall in common with an adjacent building. Where a private garage is
structurally attached to such building, it shall be considered as
a part thereof. Dimensional requirements shall be as follows:
(e)
Two-family detached: a building designed for and occupied exclusively
as a residence for two families living independently of each other,
with one family living wholly or partly over the other and having
no party wall in common with an adjacent building; a detached duplex
dwelling. Where a private garage is structurally attached to such
building, it shall be considered a part thereof. Dimensional requirements
shall be as follows:
(f)
Multiplex: an attached dwelling unit which may be arranged in
a variety of configurations: side by side, back to back or vertically.
The essential feature is the small number of units attached. No more
than five units shall be attached in any structure, and structures
shall average four units each. Dimensional requirements shall be as
follows:
[1]
Minimum lot area (per building): 8,000 square feet.
[2]
Minimum lot area (per dwelling unit): 2,500 square feet.
[3]
Maximum building coverage: 30%.
[5]
Minimum front yard: 30 feet.
[6]
Minimum side yard: 10 feet.
[7]
Minimum rear yard: 20 feet.
[8]
Minimum building spacing: 24 feet.
[9]
Minimum lot width (per building) at setback: 80 feet.
[10]
Maximum building height: 35 feet, or three stories,
whichever is less.
(g)
Townhouse: one of a structurally connected series of three or
more single-family attached dwellings, each designed for and occupied
exclusively as a residence for only one family and each having a party
wall in common with one or more of the other dwellings in the series
adjacent to it, and/or all of which dwellings may be under different
ownership.
[1]
[2]
A row of attached townhouses shall not exceed eight dwelling
units and no more than two rows shall be constructed side by side
without the front facade of the units within the row having staggered
building fronts a minimum of two feet and a maximum of four feet.
[Amended 5-20-2019 by Ord. No. 2019-1]
(h)
Garden apartments: a grouping of dwelling units sharing common
elements which may include a common outside access. The dwelling units
share a common lot area, which is the sum of the required lot areas
of all dwelling units within the building. Dimensional requirements
shall be as follows:
[1]
Minimum lot area (per dwelling unit): 2,000 square feet or one
acre, whichever is greater.
[3]
Maximum impervious surface ratio: 50%.
[5]
Maximum number of units per building: 16.
[6]
Minimum building space: 35 feet.
[7]
Minimum street frontage: 100 feet.
[8]
Maximum building height: 35 feet, or three stories, whichever
is less.
(i)
Mobile home park. A parcel or contiguous parcels of land which
has been so designated and improved that it contains two or more mobile
home lots for the placement thereon of mobile homes.
[1]
Dimensional requirements:
|
Minimum Yard
(feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width at Building Setback
(feet)
|
Minimum Lot Width at Building (Per Lot)
(percent)
|
Front
|
Side
|
Rear
|
Minimum Distances Between Units
(feet)
| |
|
Single-wide units
|
5,250
|
45
|
25%
|
20
|
5
|
15
|
20
|
|
Double-wide units
|
7,000
|
60
|
30%
|
30
|
5
|
15
|
20
|
[2]
Performance standards:
[a]
Minimum site area: 15 acres.
[b]
Maximum density: 6.0 dwelling units/acre.
[c]
Minimum common open space ratio: 30%.
[d]
Maximum impervious surface ratio per site: 25%.
[f]
The developer shall provide five acres of active
open space for each 100 units or fractional equivalent percentage
thereof. In no case shall there be less than five acres of active
open space.
[3]
If the dwelling is a mobile home the following conditions shall
also apply:
[a]
No more than one mobile home shall be placed on
a mobile home lot and such mobile home shall be occupied by not more
than a single family.
[b]
The area between the ground level and the perimeter
of the mobile home shall be enclosed by means of a suitable skirting.
[c]
Each mobile home shall be placed on a permanent
foundation of at least eight poured concrete or masonry pillars set
on a concrete base at least eight inches thick. The pillars shall
be spaced no more than 10 feet apart with the end pillars being no
farther than five feet from the ends of the unit. The pillars shall
be at least one by two feet in size and at least 36 inches below grade.
Each pillar shall have installed a tie-down ring to which the mobile
home shall be secured.
[4]
Every mobile home shall have access to an improved street in the mobile home park constructed in accordance with Chapter 163, Subdivision and Land Development.
[5]
The minimum number of spaces completed and ready for occupancy
before the first occupancy is permitted shall be nine.
[6]
No space shall be rented for residential use of a mobile home
in any such park except for periods of 30 days or more.
[7]
Plans for any mobile home park shall be submitted in conformance with Chapter 163, Subdivision and Land Development, and other municipal ordinances regulating mobile home parks.
[8]
Public sewer and public water services shall be provided in accordance with Chapter 163, Subdivision and Land Development, and the Township Sewage Facilities Plan.
[9]
A buffer yard shall be provided around the perimeter of the mobile home park in accordance with the provisions of § 195-63 of this chapter.
[10]
Parking requirement: two off-street parking spaces
for each mobile home site, plus 1/2 space per mobile home site for
spillover parking, to be distributed evenly throughout the development.
For accessory building or uses, the number of parking spaces required
will depend upon the type of facilities proposed and the extent of
those facilities. Parking requirements of this chapter for similar
uses will be used to determine the number of additional spaces required
for accessory uses. The parking spaces required for accessory uses
shall be in addition to the spaces required for the dwelling units.
(j)
Convenience commercial uses are permitted by the zoning district
in which the tract is located, subject to conditional use authorization
by the Board of Supervisors pursuant to § 196-120. Dimensional
requirements shall be as follows:
[1]
Minimum lot area: one acre.
[4]
Maximum impervious surface ratio: 50%.
[5]
Maximum building coverage: 35%.
[6]
Convenience commercial uses shall be clearly accessory to the
residential portion of the performance standard development and no
more than 10% of the gross site area shall be developed for convenience
commercial use.
(k)
Performance standards.
[1]
Except where otherwise provided in this § 195-16B(3), all performance standard subdivision shall meet all of the following requirements for each site proposed in the named zoning district:
|
Zoning District
|
Minimum Site Area
(acres)
|
Maximum Density
(de/ac)
|
Minimum Active Open Space*
|
Minimum Common Open Space
(percent)
|
Maximum Impervious Surface Per Site
(percent)
|
|---|---|---|---|---|---|
|
C3
|
10
|
7.0
|
5 acres for each 100 d/u plus fractional percentage thereof
|
25%
|
35%
|
|
MF-2
|
10
|
7.0
|
5 acres for each 100 d/u plus fractional percentage thereof
|
25%
|
35%
|
|
MF-1
|
10
|
5.0
|
5 acres for each 100 d/u plus fractional percentage thereof
|
50%
|
35%
|
|
O
|
10
|
5.0
|
5 acres for each 100 d/u plus fractional percentage thereof
|
50%
|
35%
|
|
*
|
In no event shall there be less than five acres of active open
space for any B3 use.
|
[2]
[3]
A fifty-foot buffer yard shall be provided around the perimeter of a B3 Performance Standard Subdivision in accordance with the provisions of § 195-63 of this chapter. This area shall not be included in the common or active open space requirement, nor shall it be included in the lot area of any residential dwelling unit. The buffer area shall be a separate lot, owned and maintained by a homeowners' association.
(l)
Dwelling unit mix. A mix of dwelling unit types is necessary
to promote a balanced community. Therefore, a mix is required, based
on the number of dwelling units as set forth in the accompanying table:
|
Number of Dwellings in Development
|
Minimum Required Number Dwelling Unit Type
|
Maximum Percent Any Dwelling Unit Type
|
Minimum Percent Any Dwelling Unit Type
| |
|---|---|---|---|---|
|
1 to 100
|
2
|
80%
|
20%
| |
|
101 to 200
|
3
|
60%
|
20%
| |
|
200 to 350
|
4
|
60%
|
20%
| |
|
350 or more
|
4
|
50%
|
20%
|
(m)
Off-street parking requirements:
[1]
Minimum number of spaces: two (efficiency); two (1BR-2BR); three
(3BR or more). Spaces inside a garage shall not be counted as off-street
parking spaces.
[2]
Spillover parking requirements: 1/2 parking space per detached single-family and village house dwelling unit, and one parking space per other dwelling unit type. If provided as parallel parking on street, parking space dimensions shall be eight feet by 23 feet, and shall not include areas restricted from parking such as intersections, fire hydrants, etc. Adequate street widths must be provided in accordance with Chapter 163, Subdivision and Land Development, requirements to allow parallel parking.
(n)
Water and sanitary sewer facilities. A B3 Performance Standard
Development shall be permitted only on land served by public sanitary
sewer which is piped to and treated at an existing sewage treatment
plant, and a public or community water system with water available
for fire-fighting purposes either through hydrants or acceptable surface
storage which shall provide a consistent, year-round supply for fire-fighting
purposes. If the water supply is drawn from the site, a water study
shall be prepared by the developer and appropriate funds escrowed
with the Township to protect surrounding individual wells that may
be adversely affected by the new public or community water system.
(4)
B4 Rooming House or Boardinghouse. A dwelling used for the housing
of roomers, boarders or lodgers with or without common eating facilities,
including dormitories, fraternity or sorority houses or other buildings
of charitable, educational or philanthropic use, but not including
personal care boardinghomes or similar facilities licensed by the
State Department of Public Welfare.
(b)
Maximum density: three bedrooms per acre.
(c)
Maximum height: three stories or 35 feet, whichever is less.
(d)
Each sleeping room shall be limited to two people.
(e)
Parking: one off-street parking space per bedroom.
(f)
All rooming house or boardinghouse facilities shall connect
to public sewer in conformance with the Township's Act 537 Plan.
(5)
B5 Community Treatment Facility. A community treatment facility is
a facility for the treatment of persons who have been committed to
such facilities as the result of having committed a crime or having
been adjudicated delinquent and are not handicapped as defined by
the Federal Fair Housing Amendments Act 42 U.S.C. § 3602(h).
The residents of a community treatment facility do not constitute
a "family" because of the residents' transient nature. Such use shall
meet the following requirements:
(a)
Occupation of a community treatment facility shall be subject
to confirmation by the Code Enforcement Office that sanitary facilities,
whether on-lot or municipal, and potable water supply are sufficient
to address the needs of all of the occupants of the community treatment
facility.
(b)
All community treatment facilities shall have the appearance
of a single-family dwelling. No external changes or modifications
to a community treatment facility shall be made that indicate that
it is anything other than a single-family dwelling.
(c)
All community treatment facilities and all entities operating
a community treatment facility shall comply with any and all applicable
local, state, and federal ordinances, statutes, rules and/or regulations.
Proof of compliance with such ordinances, statutes, rules and regulations
shall be furnished to the Township as a condition of conditional use
approval.
(d)
All community treatment facilities housing six or fewer occupants
shall have a minimum of 1,500 square feet of indoor, heated living
space, exclusive of garages, sheds, basements, attics, crawl spaces,
or similar areas. For community treatment facilities housing more
than six occupants, an additional 125 square feet of such living space
shall be required for each additional occupant above six.
(e)
No more than two persons shall sleep in any single bedroom in
a community treatment facility.
(f)
Parking. A minimum of one off-street parking space shall be
provided for each occupant of a community treatment facility anticipated
to have a motor vehicle, plus one off-street parking space shall be
provided for each support person, staff member or employee of the
community treatment facility. Spaces inside a garage shall not be
counted as off-street parking spaces.
(g)
Buffering requirements:
[1]
Parking areas shall be visually secluded from adjacent properties via an evergreen planting screen in accordance with § 195-63.
[2]
Side and rear lot lines shall be planted with a minimum of one
canopy tree per 40 feet, plus one evergreen tree per 30 feet. Plantings
may be installed in an informal arrangement, subject to approval of
the Township.
[3]
Street trees shall be installed along all streets where suitable
street trees do not exist.
(h)
The housing of an individual whose occupancy or tenancy in a
community treatment facility would constitute a direct threat to the
health or safety of other individuals, or whose occupancy or tenancy
would result in substantial physical damage to the property of others
is prohibited.
(i)
The minimum lot size of this Use B5 is 10 acres.
(6)
B6 Retirement Community. A residential development designed exclusively
for mature adults, 55 years of age or over (and the spouses of mature
adults, without regard to age), which may contain certain supportive
facilities for the residents. A retirement community shall consist
of single-family dwellings on separate lots.
(a)
Dimensional requirements:
[1]
Minimum setback from curbline of internal (private) street:
35 feet.
[2]
Minimum building spacing: 35 feet.
[3]
Maximum density: six dwelling units per acre.
[4]
Maximum impervious surface ratio: 50% (site).
[5]
A fifty-foot buffer yard shall be provided around the perimeter of a B6 Retirement Community in accordance with the provisions of § 195-63 of this chapter. This area shall not be included in the common or active open space requirement, nor shall it be included in the lot area of any residential dwelling unit. The buffer area shall be a separate lot, owned and maintained by a homeowners' association.
(b)
Area and dimensional requirements:
[1]
Minimum tract (site) area: 20 acres.
[2]
Minimum lot area: 10,000 square feet.
[3]
Minimum lot width: 75 feet.
[4]
Minimum front yard setback: 30 feet.
[5]
Minimum side yard: 15 feet min., 35 feet agg.
[6]
Minimum rear yard: 35 feet.
[7]
Maximum on-lot impervious surface ratio: 40%.
[8]
Maximum on-lot building coverage: 30%.
[9]
Maximum building height: 35 feet.
(c)
Accessory facilities. Permitted accessory facilities may include
some or all of the following services, and no others, which are accessory
to this B6 use and are intended for the sole use of the residents
and their guests:
[1]
Personal service shops, such as barbershop, beautician or clothes
cleaning and pressing pickup agency.
[2]
Offices for on-site management.
[3]
Health and fitness facilities.
[4]
Clubhouse with other support facilities, including lounge areas,
reading rooms, craft rooms, common dining and recreation rooms.
[5]
Accessory facilities shall be provided with a separate parking
area that contains a minimum of 1.25 spaces for each staff member
plus one space for each company and/or service vehicle that may be
necessary for the services to be provided.
[6]
Buildings with accessory facilities shall make up no more than
15% of overall building coverage.
(7)
B7 Residential Conversion. The conversion of an existing residential
building in a commercial district into two or more dwelling units
or the conversion of an accessory building into one or more dwelling
units.
(a)
Detached dwellings which are converted must maintain the appearance
of a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may share the single front entrance. Exterior stairways and fire escapes
shall be located on the rear wall in preference to either side wall
and in no case on a front or side wall facing a street.
(b)
Except as may be necessary for purposes of safety in accordance
with the preceding paragraph, there shall be no major structural change
in the exterior of the building in connection with the conversion.
After conversion, the building shall retain substantially the same
structural appearance it had before such conversion.
(c)
All wastewater disposal systems must be approved by the Bucks
County Department of Health prior to the issuance of a zoning permit.
If public sanitary sewer facilities are provided, approval must be
obtained by the authority having jurisdiction and the Pennsylvania
Department of Environmental Protection, if applicable.
(d)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(e)
Off-street parking spaces shall be located to the side or rear
of the converted structure.
(f)
Off-street parking lots with three or more spaces shall be buffered
from abutting residences. Hedge material shall be placed on three-foot
centers. Alternately, a four-foot to five-foot fence may be erected
which provides a visual screen.
(g)
Trash receptacles shall not be visible from the street or abutting
properties except on scheduled pickup days.
(h)
The minimum lot width and minimum yard requirements of Use B1
Detached Dwelling shall be met for the applicable zoning district.
(i)
Each converted structure shall have a recreation/patio area
of at least 200 square feet per dwelling unit. The recreation/patio
area shall not be located in the front yard or the minimum side or
rear yards.
(j)
The following minimum floor area requirements shall be met:
|
Type of Unit
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
400
| |
|
1 bedroom
|
500
| |
|
2 bedrooms
|
650
| |
|
3 bedrooms
|
800
| |
|
4 bedrooms
|
950
|
|
A minimum of 150 square feet of floor area for each additional
bedroom, den, family room, or recreation room shall be required.
|
(k)
The following minimum lot area requirements shall be met:
|
Zoning District
|
Minimum Lot Area
(acres)
| |
|---|---|---|
|
C1
|
1
| |
|
C2
|
1
| |
|
O
|
1
| |
|
VC
|
1
| |
|
VC 2
|
1
|
(l)
A building must have been constructed at least seven years prior
to its conversion.
(m)
Density: 12,000 square feet per dwelling unit.
(n)
Parking: two off-street parking spaces for each dwelling unit
having three bedrooms or less; three off-street parking spaces for
each dwelling unit having four bedrooms or more. Spaces inside a garage
shall not be counted as off-street parking spaces.
(8)
B8 Accessory Family Apartment or Dwelling Unit. One apartment or
dwelling unit accessory to a single-family detached dwelling shall
be permitted provided the following conditions are met. The intent
of these provisions is to allow for family members related by blood
or marriage to the owner of the principal residence to reside on the
premises, but to prohibit the creation of for-profit apartments in
districts where multifamily housing is not otherwise permitted.
(a)
Such use shall occupy no more than 50% of the total floor area
of the primary living area of the principal residence, but in no event
shall the accessory use exceed a total floor area of 800 square feet.
The primary living area includes a living room, dining room, kitchen,
one bathroom and the largest bedroom.
(b)
Occupancy of such use shall include only relatives of the family
occupying the principal residence.
(c)
Such use may contain separate cooking, sleeping, living and
bathroom facilities.
(d)
Such use may be part of the principal residence or may be contained
in an accessory structure or building existing at the date of this
chapter. No new separate structures on the same lot with the principal
residence shall be permitted to be constructed for this use, and the
accessory family apartment or dwelling unit shall not be located in
cellars or basements. Cellars are those areas having 1/2 or more of
its floor to ceiling height below the average level of the adjoining
ground.
(e)
Only one accessory family apartment shall be permitted per single-family
detached dwelling and there shall be no changes to the exterior of
the residence which suggests that the dwelling unit is other than
a single-family detached dwelling.
(f)
This use may be permitted only by special exception to the Zoning
Hearing Board.
(g)
The owner of the principal residence shall provide to the Township
evidence of approval by the Bucks County Board of Health as to the
adequacy of water and sewer facilities serving the site.
(h)
Parking: two off-street parking spaces shall be provided for
the additional use.
(i)
The record owner of the property shall grant a deed restriction
limiting such use in accordance with the foregoing provisions of this
subsection in favor of Warwick Township. All costs related to the
preparation and recording of the foregoing document shall be subject
to the approval of the Township at the cost of the applicant.
(9)
B9 Golf Course Community.
(a)
General.
[1]
A golf course community is a community of single-family detached
residential dwelling units designed around an eighteen-hole public
or private golf course.
[2]
The open space shall include the area of the golf course, but shall not include areas devoted to accessory uses, including buildings and structures. Open space shall also include natural resources identified at § 195-60 of this chapter.
[3]
A golf course community is permitted in recognition of the fact
that a golf course with its intended accessory uses, whether publicly
or privately owned and operated, is an important community resource,
the development and/or preservation of which should be encouraged.
[4]
A golf course community shall be permitted as a conditional
use. The applicant proposing the golf course community shall have
the initial burden of establishing that the proposed conditional use
meets all of the express standards and criteria set forth for conditional
uses in this chapter. In granting the conditional use, the Board of
Supervisors shall satisfy itself that the proposed use is in conformity
with the general standards for conditional uses set forth in this
chapter.
(c)
Open space and lot requirements.
[1]
Tract area. A tract of land to be devoted to a golf course community
shall be not less than 175 acres. The tract may consist of more than
one lot, provided that all lots comprising the tract are contiguous
and are proposed to be developed pursuant to a unified plan.
[2]
Open space. Not less than 50% of the tract area shall be open
space. Open space shall be calculated as a percentage of tract area.
Open space, which shall include the area devoted to the golf course,
shall be permanently restricted from future development by use of
a deed restriction or other document, satisfactory to the Township,
and recorded at in the office of the Recorder of Deeds of Bucks County.
(d)
Utility services. A golf course community shall be served by
a public water system and a public sewage disposal system. If existing
public systems are not available, centralized systems shall be provided
by the developer.
(e)
All other applicable development procedures and requirements in Chapter 163, Subdivision and Land Development, as amended, shall be followed; provided, however, that the density of the proposed golf course community shall be governed by the provisions of this subsection; and, provided further, that the golf course and its accessory facilities shall be deemed to satisfy any requirement for active or passive recreation land or facilities contained elsewhere in this chapter or in Chapter 163, Subdivision and Land Development.
(f)
Open space and natural features.
[2]
Stormwater detention and retention basins shall not be considered
part of any calculated open space.
[3]
Open space areas which are part of the golf course may be privately
owned; provided, however, that privately owned open space and golf
course land shall be subject to restrictive covenants, the effect
of which will guarantee that no uses made of open space or golf course
land shall be for purposes other than open space. Such restrictive
covenants shall be subject to review and approval by the Township
as a condition of final subdivision and land development approval.
[4]
A walking trail shall be installed around the perimeter of the
site.
(g)
The clubhouse, pro shop, maintenance building, or similar structure associated with the B9 Golf Club Community shall be constructed in accordance with the provisions of § 195-16D(4). A clubhouse, pro shop, maintenance building, or similar structure shall be located on the same or contiguous parcel as the B9 Golf Club Community.
[Added 6-18-2018 by Ord.
No. 2018-1]
(10)
B10 Home Occupation. A customary home occupation for gain. A
home occupation is an accessory use that shall be clearly subordinate
to the existing residential use of the property. Such uses shall meet
the general standards listed below, as well as any specific standards
relating to the type of accessory home occupation proposed. The specific
standards are listed under Uses B10(b)[1] through B(10)(b)[8].
(a)
General standards. The following shall apply to all home occupations:
[1]
A home occupation must be conducted within a dwelling which
is the bona fide residence of the principal practitioner or in an
accessory building thereto which is normally associated with a residential
use. The home occupation shall be carried on wholly indoors.
[2]
In no way shall the appearance of the residential structure
be altered or the occupation within the residences be conducted in
a manner which would cause the premises to differ from its residential
character by the use of colors, materials, construction, lighting,
show windows or advertising visible outside the premises to attract
customers or clients, other than those signs permitted by this chapter.
[3]
All commercial vehicles shall be parked on-lot and must be parked
in a garage or an enclosed structure or be suitably screened from
view from adjacent properties and public rights-of-way. Off-street
parking spaces are not permitted in the front yard. A ten-foot driveway
providing access to parking areas in the side or rear of the property
may be located in the front yard. All off-street parking areas must
be located at least 10 feet from any property line. Off-street parking
lots with three or more spaces shall be buffered from abutting residences.
Hedge material shall be placed on three-foot centers. Alternately,
a four to five-foot fence may be erected which provides a visual screen.
[4]
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference or violates any other standard of Article XIX of the Zoning Ordinance in a manner that is detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off of the premises.
[5]
A home occupation shall not include the following: animal hospitals,
commercial stables and kennels, funeral parlors or undertaking establishments,
antique shops, auto or body repair facilities, tourist homes, restaurants
and rooming-boarding-lodging houses.
(b)
High-impact general standards. The following shall apply to
all home occupations except for no-impact home-based businesses:
[1]
The maximum amount of floor area devoted to a home occupation
shall not be more than 25% of the ground-floor area of the principal
residential structure or 400 square feet, whichever is less. The ground-floor
area of the principal residential structure shall not include an area
of an attached garage or other similar building. At least 850 square
feet of the total floor area must remain a residential use.
[2]
One sign per home occupation is permitted by special exception,
provided that it is no larger than three square feet per side bearing
only the name, occupation, and office hours of the practitioner. In
addition, it shall not be illuminated or placed in a window.
[Amended 3-7-2011 by Ord. No. 2011-1]
[3]
There shall be no exterior storage of materials or refuse resulting
from the operation of the home occupation, and no goods shall be publicly
displayed.
(c)
Specific use standards. In addition to the requirements set
forth above, the standards listed under uses B(10)(c)[1] through B(10)(c)[8]
shall apply to that specific type of accessory home occupations.
[1]
B10a Professional Offices. A professional office is a service-oriented
business use conducted within an enclosed area specifically designed
for the functional needs of the use, wherein the professional services
of the practitioner is the salable commodity offered to the client.
[a]
Professional offices include, but are not limited
to, the following:
[i]
Salesmen, sales representative or manufacturer's representative.
[ii]
Architect, engineer or land surveyor.
[iii]
Dentist, doctor, psychiatrist or veterinarian
(not including a clinic or veterinarian office with boarding facilities).
[iv]
Lawyer, accountant or insurance agent.
[v]
Office of a minister, rabbi or priest.
[b]
No more than one person other than resident members
of the immediate family may be employed unless approved as a special
exception by the Zoning Hearing Board.
[c]
In addition to the off-street parking spaces required
in this chapter for the particular residential use concerned, a professional
office shall provide one off-street parking space for each employee
plus one additional space for each 200 square feet of office space.
A maximum of six off-street parking spaces are permitted on one lot,
inclusive of the required residential parking. Spaces inside a garage
shall not be counted as off-street parking spaces.
[2]
B10b Personal Services. A service business including, but not
limited to, barbers, beauticians or photographers.
[a]
Beauty parlors and barbershops may be permitted
provided no more than two beauty parlor or barber chairs are provided.
[b]
No one other than resident members of the immediate
family may be employed.
[c]
The minimum site area shall be two acres in all
districts.
[d]
In addition to the off-street parking spaces required
in this chapter for the particular residential use concerned, a personal
services use shall provide one off-street parking space for each employee,
plus one additional space for each 200 square feet of office space.
A maximum of six off-street parking spaces are permitted on one lot,
inclusive of the required residential parking.
[3]
B10c Instructional Services. An instructional service is a home
occupation in which the practitioner provides the client with special
instruction in a specific area of study. The establishment of this
home occupation shall not require a room or series of rooms specifically
designed for that purpose.
[a]
Instructional services involving a maximum of four
students at a time are permitted.
[b]
Instructional services involving musical instruments
are only permitted in single-family detached dwellings.
[c]
No persons shall be employed other than resident
members of the immediate family.
[d]
In addition to the off-street parking spaces required
in this chapter for the particular residential use, an instructional
service shall provide one off-street parking space per two students
being instructed at any one time. A maximum of four off-street parking
spaces are permitted on one lot inclusive of the required residential
parking.
[4]
B10d Home Crafts.
[a]
Home crafts are business activities whereby the
commodity for sale is completely manufactured on the site and may
be sold on the site by the resident craftsman.
[b]
Home crafts may include, but are not limited to,
the following: artists, sculptors, dressmakers, seamstresses and tailors;
and include such activities as model making, rug weaving, lapidary
work and furniture making.
[i]
Home crafts are permitted only in single-family detached dwellings
and existing accessory buildings on the same lot.
[ii]
No more than one person other than resident members of the immediate
family may be employed.
[iii]
In addition to the off-street parking spaces
required in this chapter for the particular residential use concerned,
a home craft shall provide one off-street space per 300 square feet
of total floor area used for the home occupation. A maximum of four
off-street parking spaces are permitted on one lot inclusive of the
required residential parking.
[5]
B10e Trades, Business. The use of a residence as a base of operation
for the business, but not including the conduct of any phase of the
trade on the property. Trades included in this home occupation include,
but are not limited to, electrician, plumber, carpenter, mason, painter,
roofer and similar occupations.
[a]
No more than one business vehicle may be parked
on the property including noncommercial trucks and vans with loading
capacities not exceeding 0.75 ton. The business vehicles and trailers
shall be parked in an enclosed structure.
[b]
No more than one employee other than resident members
of the immediate family shall be permitted unless approved by the
Zoning Hearing Board as a special exception.
[c]
The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitations of Subsection B(10)(b)[1]. There shall be no outside storage of vehicles, equipment or materials of any kind.
[Amended 10-18-2021 by Ord. No. 2021-02]
[d]
No assembling, manufacturing, processing or sales
shall be conducted on the property.
[f]
There shall be a minimum lot area of two acres
in all districts.
[g]
In addition to the off-street parking spaces required
in this chapter for the particular residential use concerned, a trades
business shall provide one off-street parking space for each employee
and one off-street parking space for each business vehicle. A maximum
of six off-street parking spaces are permitted on one lot inclusive
of the required residential parking.
[6]
B10f Repair Services. A repair shop for small appliances, lawn
mowers, watches, guns, bicycles, locks, small business machines, blade
sharpening and other goods, but not including automobile, truck, motorcycle,
snowmobile, all-terrain vehicle, outboard motor and water jet ski
vehicle repairs.
[a]
No additional people other than resident members
of the immediate family may be employed.
[c]
In addition to the off-street parking spaces required
in this chapter for the particular residential use concerned, this
accessory use shall provide one off-street space per 300 square feet
of total floor area used for the home occupation.
[d]
There shall be a minimum lot area of two acres
in all districts.
[e]
No more than one employee other than resident members
of the immediate family shall be permitted unless approved by the
Zoning Hearing Board as a special exception.
[7]
B10g Family Day-Care. A family day-care use is a facility in
which care is provided for one or more children, but no more than
six at any one time, who are not relatives of the caregiver, where
the child-care areas are being used as a family residence.
[a]
Licensing, approval and permit procedures. Prior to the final approval of the use by the Board of Supervisors and the granting of a special exception by the Zoning Hearing Board, if applicable, and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
[b]
This use shall be conducted in a building designed
for residential occupancy and for the safety and well-being of the
occupants.
[c]
A minimum outdoor play area of 200 square feet
of contiguous area shall be provided for each child as a recreational
area for the children. This area shall not include any impervious
surface or parking area.
[d]
Family day-care uses are only permitted as an accessory
use in a single-family detached dwelling.
[e]
The outdoor play area must be enclosed by a four-foot-high
fence which is deemed appropriate by the Township. The outdoor play
area shall be located to the side or rear of the property.
[f]
No more than one person other than resident members
of the immediate family may be employed.
[h]
The use shall be located on a public street.
[i]
The use, by special exception, may be expanded
to a group day-care home which is a facility in which care is provided
for more than six, but no more than 11, children. The following criteria
shall be met:
[i]
All standards noted above for family day-care uses shall be
met.
[ii]
The regulations of the Pennsylvania Department of Welfare shall
be met.
[iii]
Such uses shall be permitted only in single-family
detached dwellings or in an accessory building on the same lot.
[iv]
Minimum lot area: two acres.
[8]
B10h No-Impact Home-Based Business. A business or commercial
activity administered or conducted as an accessory use to a residential
use that is clearly secondary to the residential use of the dwelling.
The activities shall not involve any customer, client, or patient
traffic, either vehicular or pedestrian, in excess of that normally
associated with a residential use, and shall not involve pickup, delivery,
or removal functions to or from the premises in excess of that normally
associated with a residential use. The activity shall satisfy the
following requirements:
[a]
The activity shall be compatible with the residential
use of the property and the surrounding residential uses.
[b]
The activity shall not employ anyone other than
family members residing in the dwelling.
[c]
There shall be no display or sale of retail goods,
and no stockpiling or inventory of a substantial nature.
[d]
There shall be no outside appearance of a business
use including, but not limited to, parking, signs, or lights.
[e]
The activity may not generate any solid waste or
sewage discharge, in volume or type, that is not normally associated
with a residential use in the neighborhood.
[f]
The activity shall be conducted only within the
residential dwelling and may not occupy more than 25% of habitable
floor area.
(11)
B11 Bed-and-Breakfast. A residential building containing five
or fewer guest rooms, converted or designed for the temporary lodging
of transient guests, which is accessory only to a single-family detached
residential use that is in compliance with the provisions of this
chapter for the zoning district in which the residential building
is located, and subject to the following regulations:
(a)
The minimum lot size shall be two acres for three guest rooms
and one additional acre for each additional guest room, up to a maximum
of five guest rooms.
(b)
There shall be no separate kitchen or cooking facilities in
any guest room. Food served to guests on the premises shall be limited
to breakfast and afternoon tea only.
(c)
The maximum uninterrupted length of stay at a bed-and-breakfast
shall be seven days within a three-month period.
(d)
One off-street parking space shall be provided for each guest room, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway as specified in § 195-63, Buffer yards, in this chapter.
(e)
There shall be no use of show windows or display or advertising
visible outside the premises to attract guests or otherwise, other
than a single, nonilluminated sign which may not exceed six square
feet.
(f)
At least one full bathroom shall be provided for the first guest
room, plus one bathroom for each two additional guest rooms. The living
quarters for the owner residents shall have their own separate and
additional bathroom facilities.
(g)
The bed-and-breakfast-inn use shall be conducted by family members
of the resident owner-occupant. Nonresident employees shall be limited
to two in addition to the resident family members.
(h)
No more than two adults and two children may occupy one guest
room.
(i)
The utilization of any amenities provided by the bed-and-breakfast
inn, such as a swimming pool or tennis courts, shall be restricted
in use to the owners and the guests of the bed-and-breakfast inn.
(j)
A permit issued for a bed-and-breakfast inn shall have a life
of one year. The permit shall be renewed annually upon application
by the owner and payment of the annual fee provided in the Township
Fee Schedule, and provided also that the Zoning Officer has inspected
the facility and found it to be in compliance with the provisions
of this chapter.
(k)
The bed-and-breakfast-inn use may not be established until there
is compliance with all Township ordinances, rules and regulations.
The bed-and-breakfast inn will be periodically inspected by the Fire
Marshal for compliance with all Township safety standards. All Department
of Labor and Industry requirements must be satisfied, and proof thereof
shall be required for the bed-and-breakfast-inn permit or renewal
thereof. Sewage disposal methods shall conform with the requirements
of the requirements, rules and regulations of the Pennsylvania Department
of Environmental Protection, the Bucks County Department of Health
and the Warwick Township Sewage Facilities Plan.
(l)
The applicant shall furnish a valid Bucks County Department
of Health permit. The total number of bedrooms (resident and guest)
in the bed-and-breakfast inn shall not exceed the number of bedrooms
which the on-lot sewage system is designed to accommodate. If the
proposed bed-and-breakfast use is to be served by a public sewage
disposal system, the applicant shall submit documentation from the
servicing authority that the proposed use will be served.
(12)
B12 Residential Accessory Building, Structure or Use. Residential
accessory building, structure or use, including but not limited to:
(a)
A private garage or private parking space but not for commercial
vehicles with more than two axles.
(b)
Buildings such as storage sheds, bathhouses and private greenhouses.
(c)
Stables, barns, or shelters for pets.
(d)
Living quarters for household employees, caretakers or watchmen,
provided that no more than two such persons shall be provided with
living quarters.
(e)
Decks, patios or gazebos conforming to the definition of "accessory
building."
(f)
Structures such as fences or walls.
[1]
Security fences. No security or man-proof fence incorporating
barbed wire, electrification, razor tape or other similar feature
shall be permitted in any residential district except where the land
is being utilized for agricultural or horticultural use or in connection
with construction material storage.
[2]
Exempt fences. Temporary fences, such as snow fences and fences
or barriers around construction sites, which are not to stand more
than one year, are exempt from permit requirements. All temporary
fences must conform to all other provisions governing the location,
placement, erection and maintenance of fences and retaining walls.
[3]
Obstruction of vision. No fences, retaining wall, vegetation and/or structure of any nature shall exist or be placed and/or erected in such a manner which may impede the clear line of sight of vehicular or pedestrian traffic as defined in Chapter 163, Subdivision and Land Development.
[4]
Right-of-way. No fence, retaining wall and/or any structure
of any nature shall be placed and/or erected within the designated
street right-of-way or potential future right-of-way, with the exception
of required traffic signals and traffic signage as defined on the
final recorded plan of all subdivisions and land developments.
[5]
Drainage swales/easements. No fence, retaining wall or other
structure shall be erected or maintained upon any drainage easement,
swale, road right-of-way, sight distance easement or within deed restricted
open space. Fences may be erected in sewer easements or easements
for underground storm sewer facilities only with written permission
of the holder of the easement. Fences may be erected or placed at
the property line subject to all other requirements of this subsection.
[7]
Properties with principal structures within 100 feet of each
other. All fences shall be erected with the finished side of the fence
facing adjacent properties and roadways. The finished side shall be
considered the side without the structural supporting posts.
[Amended 3-7-2011 by Ord. No. 2011-1]
(g)
A swimming pool for use of family and guests only subject to
the following requirements:
[1]
Setback requirements. The following minimum setback requirements
shall govern the location of private swimming pools, wading pools,
and public swimming pools, provided that such pools, including appurtenances
such as decks, patios, sidewalks, etc., shall not be located further
forward than the front building line (corner lots are subject to multiple
front building lines based on street frontage) of the primary structure
on the property and shall not be located within the front yard setback:
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
|
Zoning District
|
Side and Rear Yard Setback
(measured from the edge of coping)
(feet)
|
|---|---|
|
MF-1, MF-2, RA, R1, R1a, R2, RG, RR, O
|
25
|
|
C1, C2, C3, LI, VC, VC2
|
75
|
|
Public pool in any zoning district
|
75
|
|
B2 and B3 use housing, regardless of district
|
15
|
[2]
A grading plan shall be submitted with a pool permit, showing
existing draining patterns and demonstrating that drainage patterns
are not to be altered as a result of the installation of the pool.
To ensure that there is no adverse effect on adjacent properties,
prior to the issuance of an occupancy permit for the pool, the property
owner shall submit an as-built grading plan which shall be reviewed
by the Township Engineer to ensure that there is no disturbance of
drainage patterns existing prior to the installation of the pool and
drainage patterns shown on the subdivision or land development plan
which created the lot on which the pool is installed.
(h)
Greenhouses accessory to residential dwelling. Greenhouses may
be accessory to a residential use, subject to the following conditions:
[1]
The total area of all greenhouses on a property may not exceed
300 square feet.
[2]
All plants grown in a residential greenhouse must be used on
the property on which the greenhouse is located; plants grown in a
greenhouse accessory to a residential use may not be sold.
[3]
The maximum height of a greenhouse on a residential property
shall be 20 feet.
[4]
A greenhouse is an impervious surface.
(i)
Tennis courts, basketball courts, and skateboard facilities
shall be permitted accessory to a residential use, subject to the
following conditions:
[1]
Building permits are required prior to construction, alteration,
remodeling of, or addition to a tennis court, basketball court, or
skateboard facility.
[2]
All applicants for a permit for a tennis court, basketball court,
or skateboard facility shall submit a grading plan to ensure that
there will be no disturbance of existing drainage patterns.
[3]
Each tennis court, basketball court, or skateboard facility
shall be suitably designed, located, and maintained so as not to be
a nuisance or hazard either to adjoining property owners or the public
generally.
[4]
Lighting for a tennis court, basketball court, or skateboard
facility shall not exceed 10 feet in height, and all lighting shall
be directed such that all light and glare are within the immediate
area of the court or facility with the cut-off angle arranged to avoid
projecting light outside of such immediate area or skyward. All lights
shall be designed or equipped with shielding so that the light source
within the luminary is not visible outside the intended illuminated
area. The intended illuminated area shall not extend beyond the immediate
area of the court or facility.
[5]
There shall be fencing surrounding a tennis or basketball court,
which fencing shall not exceed 10 feet in height.
[6]
All tennis courts, basketball courts, or skateboard facilities
shall conform to the same setback requirements from all property lines
as principal buildings in their respective zoning districts.
[7]
Tennis courts, basketball courts, and skateboard facilities
shall be surrounded by an evergreen buffer consisting of materials
adequate to screen the court from view of adjacent properties. The
buffer surrounding the tennis court, basketball court, or skateboard
facility shall be of sufficient size and composition to reduce noise
emanating from the property to the level which existed prior to the
construction of the court or facility. The height of the buffer, at
planting, shall be eight feet, but the height of the buffer may be
adjusted upwards or downwards by the Township Zoning Officer to achieve
the stated compliance standards.
[8]
In no event shall the construction of a tennis court, basketball
court, skateboard facility or other recreational facility cause a
violation of the maximum impervious surface ratio or natural resource
protection requirements of the underlying zoning district.
(j)
On properties less than three acres in size, an accessory building
may be erected within a side and/or rear yard, provided that it is
located no further forward than the front building line (corner lots
are subject to multiple front building lines based on street frontage)
of the primary structure on the property, and provided, further, on
properties of any size, that the accessory building shall be located
no less than seven feet from any property line.
[Amended 10-18-2021 by Ord. No. 2021-02]
(k)
Accessory buildings, including swimming pools, may abut deed-restricted
open space areas but may not encroach upon such area.
(l)
All accessory buildings or uses shall not exceed 20 feet in
height, except flagpoles, which may have a maximum height of 35 feet.
(m)
A utility structure, including but not limited to, an oil tank,
HVAC unit, generator, or pool equipment, may be erected within the
side and/or rear yard, provided that it is located no further forward
than the front building line of the primary structure on the property,
and provided, further, that the utility structure shall be located
no less than seven feet from the side or rear property line. In the
case where the primary building is located less than seven feet from
a side or rear property line, the utility structure shall be located
no closer to the property line than the primary structure.
[Added 3-7-2011 by Ord. No. 2011-1; amended 6-18-2018 by Ord. No. 2018-1]
(n)
On properties less than three acres in size, no more than four accessory
structures, including but not limited to sheds, garages, pool houses,
barns, stables, shelters for pets, greenhouses and bathhouses, shall
be permitted on one property. Fences, walls, decks, gazebos and patios
shall not be considered accessory structures for the purposes of this
subsection only.
[Added 11-7-2011 by Ord. No. 2011-12]
(o)
On any lot, no wall, fence or other structure shall be erected or
altered, and no hedge, tree, shrub, or other growth shall be maintained,
which may cause danger to vehicular traffic or pedestrians on a street
or public road by obscuring the view or obstructing the movement of
vehicles or pedestrians.
[Added 11-7-2011 by Ord. No. 2011-12]
C.
Institutional uses.
(1)
C1 Neighborhood Place of Worship. Any structure or structures used for worship or religious instruction with sanctuary seating not in excess of 350 seats, and including social and administrative rooms accessory thereto. Use C8 Cemetery and Use G2 Day-Care Center are permitted as accessory uses to this principal use, provided that these accessory uses must meet the dimensional requirements set forth in § 195-16C(8) and § 195-16G(2), respectively.
(c)
Signage. In residential districts, signage shall not exceed
20 square feet. In the C1, C2, C3, VC, VC 2, O and LI Districts, signage
shall comply with all district regulations. All churches along the
Pa. Route 263 Corridor shall comply with the regulations of the Corridor
Overlay District as set forth in Subdivision and Land Development
Ordinance.[8]
(d)
Parking: one off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
40 square feet of total floor area used or intended to be used for
service to patrons, guests or members, whichever requires a greater
number of off-street parking spaces, plus one additional space for
each full-time employee. Parking areas shall be adequately screened
when situated within 50 feet of land zoned for or in residential use.
(2)
C2 Community Place of Worship. Any structure or structures used for worship or religious instruction with sanctuary seating in excess of 350 seats, and including social and administrative rooms accessory thereto. Use C8 Cemetery and Use G2 Day-Care Center are permitted as accessory uses to this principal use, provided that these accessory uses must meet the dimensional requirements set forth in § 195-16C(8) and § 195-16G(2), respectively.
(c)
This use shall only be permitted in the C1, C2, C3, O, LI, VC,
and VC 2 Districts.
(e)
Parking: one off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
40 square feet of total floor area used or intended to be used for
service to patrons, guests or members, whichever requires a greater
number of off-street parking spaces, plus one additional space for
each full-time employee. Parking areas shall be adequately screened
when situated within 50 feet of land zoned for or in residential use.
(3)
C3 School. Religious, sectarian or nonsectarian, denominational private
school or public school which is not conducted as a private gainful
business; nursery schools operated as a private gainful business.
Nursery schools or daycares with an enrollment of 100 students or
more shall be considered a school under this definition.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a)
Access shall be taken from an arterial or collector highway.
(b)
Dimensional requirements.
[1]
Minimum lot area. The minimum lot area shall be as required
by the Pennsylvania Department of Education, provided that in no event
shall a C3 use be located on a site which is less than 10 acres in
size.
[2]
Minimum lot width: 100 feet.
[3]
Minimum front yard: 75 feet.
[4]
Minimum side yard: 100 feet.
[5]
Minimum rear yard: 100 feet.
(c)
Outdoor play areas shall be 75 feet from side and rear property
lines. Outdoor play areas shall be sufficiently screened to protect
the neighborhood from inappropriate noise and other disturbances.
(e)
Parking:
[1]
Nursery school or kindergarten: one off-street parking space
for each faculty member and employee, plus two additional spaces per
classroom.
[2]
Elementary school: one off-street parking space for each faculty
member and employee, plus one space per two classrooms and offices.
[3]
Junior high school: one off-street parking space for each faculty
member and employee, plus one space per two classrooms and offices,
or one off-street parking space for each 10 auditorium seats, whichever
requires the greater number of off-street parking spaces.
[4]
Senior high school: one off-street parking space for each faculty
member and employee, plus one space per 10 classroom seats, or one
off-street parking space for each 10 auditorium seats, whichever requires
the greater number of off-street parking spaces.
[5]
College and junior college: one off-street parking space per
faculty member and employee, plus one space for each 10 classroom
seats, or one off-street parking space for each 10 auditorium seats,
whichever requires the greater number of off-street parking spaces.
[6]
Stadium parking. In addition to the above parking requirements,
any junior or senior high school or college which proposes a sports
facility on school property shall provide an additional one off-street
parking space for each eight seats.
[7]
Parking areas shall be adequately screened when situated within
50 feet of land zoned for or in residential use. Pickup and drop-off
facilities for buses and/or motor vehicles shall be provided in addition
to the required parking spaces as described above.
(4)
C4 Library or Museum. Library or museum, open to the public or connected
with a permitted educational use and not conducted as a private gainful
business.
(5)
C5 Hospital. An establishment, licensed by the American Hospital
Association, which provides health services primarily for in-patient
medical or surgical care of the sick or injured, including related
facilities, such as laboratories, outpatient departments, training
facilities, central service facilities and staff offices as an integral
part of the establishment. A hospital is subject to the following
additional provisions:
(a)
Minimum lot area: 10 acres.
(b)
Any such establishment providing convalescent care or care for
the chronically sick shall provide an additional lot area of not less
than 1,000 square feet per bed in use for such long-term care. For
the purpose of this chapter, "long-term care" shall mean care in excess
of one month.
(c)
Care shall be taken to locate emergency and service entrances
where they are not offensive to adjoining neighbors.
(e)
Such use shall take access from collector or arterial highways
only.
(f)
Parking: one off-street parking space for each patient bed;
plus one off-street parking space for every two employees and staff
members. Parking areas must be adequately screened when situated within
50 feet of land zoned for or in residential use.
(6)
C6 Continuing Care Facility/Assisted Living. A continuing care facility
is a form of residential use designed and operated for individuals
requiring support facilities including personal care or assisted living
facilities, but not requiring full-time skilled nursing care (Use
C7). Continuing care/assisted living facilities are subject to the
following restrictions:
(b)
Maximum density: 16 units per acres of net buildable site area;
provided, however, that no facility shall contain more than 60 units.
Each bed shall be considered a separate unit. No more than one facility
shall be permitted per site.
(c)
Maximum height: Three stories or 35 feet including any mechanical
equipment, such as HVAC equipment located on the roof, whichever is
less.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d)
Maximum impervious ratio: 50%.
(e)
Open space and passive recreational area: At least 50% of the
site area must be maintained as open space which shall not include
detention basins, parking lots, accessory buildings, or any impervious
surfaces except those used for recreational purposes. At least 20%
of the site, which may be considered part of the open space, shall
be developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks. No outdoor sitting area shall
be located in areas subject to flooding or on slopes in excess of
5%. Open space may include side and rear yards.
(f)
Off-street parking: one off-street parking space for every two
beds, plus one space for each employee.
(g)
Continuing care/assisted living facilities shall meet the standards
and requirements for licensing as established by the Commonwealth
of Pennsylvania or other agencies with jurisdiction.
(h)
Continuing care facilities must be served by a public or privately
owned centralized water system and a public or privately owned sewage
disposal system pursuant to the Township's Act 537 Plan.
(7)
C7 Skilled Care/Nursing Home Facility. A skilled care/nursing home
facility is a form of residential use designed and operated exclusively
for individuals requiring skilled full-time care.
(b)
Maximum density: eight patient rooms per acre, based on single
or double occupancy.
(c)
Maximum height: three stories or 35 feet including any mechanical
equipment, such as HVAC equipment located on the roof, whichever is
less.
(d)
Open space and passive recreational area: At least 50% of the
site area must be maintained as open space which shall not include
detention basins, parking lots, accessory buildings, or any impervious
surfaces except those used for recreational purposes. At least 20%
of the site, which may be considered part of the open space, shall
be developed for passive recreation. This area shall include outdoor
sitting areas and pedestrian walks. No outdoor sitting area shall
be located in areas subject to flooding or on slopes in excess of
5%. Open space may include side and rear yards.
(e)
Fire protection improvements shall be provided in accordance
with applicable Township codes.
(f)
Each skilled-care or nursing home facility shall annually provide
the Township with copies of an ambulance service contract to serve
the residents of the facility.
(g)
A traffic impact study and water impact study shall be prepared
in accordance with specifications provided by the Township's consulting
engineers.
(i)
Parking. There must be 0.85 off-street parking space per bedroom
in addition to one off-street parking space for each employee on the
largest shift. All parking lots shall be located to the side and rear
of the building as it faces the street.
(j)
All full-care facilities shall connect to public sewer in conformance
with the Township's Act 537 Plan.
(8)
C8 Cemetery. A burial place or graveyard including mausoleum, columbarium,
or chapel. A crematory shall not be permitted as a cemetery use or
part of the cemetery use.
(c)
Lot coverage of accessory buildings and parking facilities.
No more than 10% to a maximum of five acres may be devoted to aboveground
buildings or impervious surfaces not serving as burial markers or
memorials.
(d)
No burial plots, structures or parking areas shall be located
within the one-hundred-year floodplain.
(e)
No outside storage shall be permitted.
(f)
All structures open to the public shall be supplied with water
and sewer and all utilities shall be placed underground.
(h)
A zoning permit shall be obtained on an annual basis.
(i)
Additional requirements for pet cemetery:
[1]
All grave markers shall be placed flush to the ground.
[2]
All caskets shall be of durable construction and not subject
to breakage or deterioration. Caskets shall not be stacked one above
another underground, and the top of every casket shall be at least
three feet below the existing grade. The owner or operator shall maintain
at all times a current burial plot diagram showing all plots in use,
which shall be available to the Township for inspection upon request.
(j)
Parking: one off-street parking space for each employee and
one parking space for each four visitors in total capacity of the
chapel. Parking areas must be adequately screened when situated within
50 feet of land zoned for or in residential use.
(9)
C9 Municipal Use. A municipal use is a use conducted by Warwick Township,
or a municipal authority incorporated by Warwick Township, for the
health, safety, and general welfare of the Township residents. Municipal
uses include, but are not limited to, municipal buildings, administration
buildings, police barracks, recreation buildings, libraries, road
maintenance facilities, and all municipal-owned utilities and appurtenances
used in connection with supplying such services. Municipal uses not
owned or operated by Warwick Township or a municipal authority incorporated
by Warwick Township shall be subject to the requirements for E1 Utility
or Public Service Uses.
D.
Recreational uses.
(1)
D1 Recreational Facility. Recreational facility or park, subject
to the restrictions below:
(a)
This use shall not include Use G15 Indoor Athletic Clubs, amusement
parks, wild animal parks or zoos. This use shall not include recreation
facilities which involve the discharge of firearms, except in a fully
enclosed and soundproof building. This use shall not include areas
created as open space in a residential subdivision or land development
and owned by a homeowners' association.
(b)
No outdoor active recreation area shall be located nearer to
any lot line or street line than 25 feet, except for bike paths and
walking, jogging, or fitness trails, which shall be located no closer
than 10 feet from lot or street lines.
(c)
Uses providing outdoor active recreation areas such as baseball
fields, football fields, soccer fields, hockey fields, lacrosse fields,
basketball courts, tennis courts and swimming pools and similar uses
shall observe the following standards:
(e)
Private outdoor play areas shall be sufficiently screened so as to protect the neighborhood from inappropriate noise and other disturbances. As a minimum, the buffer requirements of § 195-63 of this chapter shall be met. Additionally, such areas shall be fenced or enclosed when deemed necessary by the Township.
(f)
Parking: one off-street parking space for each five persons
of total capacity, or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(2)
D2 Private Club. Private club or lodge other than Use D1.
(a)
The use shall not be conducted as a private gainful business.
(b)
The use shall be for members and their authorized guests only.
(d)
Parking: one off-street parking space for each five members
of total capacity, or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(e)
Minimum lot area: 40,000 square feet.
(3)
D3 Community Center. Community center, adult education center, child
educational/recreational center, or other similar facility operated
by an educational, philanthropic, or religious institution.
(a)
Minimum lot area: two acres.
(b)
The use shall not be conducted as a private, gainful business.
(c)
No outdoor recreation area shall be located nearer to any lot
line than 100 feet.
(e)
Parking: one off-street parking space for each four seats provided
for patron use; or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, or members, whichever requires
the greater number of off-street parking spaces, plus one additional
space for each employee. Parking areas shall be adequately screened
when situated within 50 feet of land zoned for or in residential use.
(4)
D4 Golf Course. Golf course, including chip and putt courses and
accessory driving ranges, but not including miniature golf courses,
including clubhouse, restaurant, and other accessory uses, provided
these are clearly accessory to the golf course.
(a)
Minimum lot area:
|
Type
|
Minimum Lot Area
(acres)
| ||
|---|---|---|---|
|
Regulation 18-hole
|
130
| ||
|
Executive
| |||
|
18-hole
|
60
| ||
|
9-hole
|
50
| ||
|
Par 3 18-hole
|
45
| ||
|
Par 3 9-hole
|
25
| ||
(b)
No building shall be closer than 100 feet to any lot line. Additionally,
no fairway or green shall be any closer than 100 feet to any lot line
or street right-of-way.
(c)
All necessary fencing or other protection shall be installed
or erected to ensure that no golf balls leave the site.
(d)
Parking: one off-street parking space for every five members
of total capacity, or at least one off-street parking space for each
50 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(5)
D5 Camp. A tract of land and buildings or structures planned as a
whole for seasonal use, comprising two or more cottages and other
related buildings; also includes privately operated camps for boys
or girls using two or more cottages for shelter or sleeping purposes.
(a)
Minimum site area: 10 acres.
(b)
The main use of the proposed development shall be seasonal,
that is for periodic use over a limited number of months during particular
seasons of the year, and no occupant shall be permitted to remain
for a total period exceeding 120 days during any one calendar year
with the exception of a caretaker, groundskeeper or other staff.
(c)
Sewage disposal methods shall conform with the requirements
of the Bucks County Department of Health and the Warwick Township
Sewage Facilities Plan.
(d)
The maximum overall density shall not exceed one cottage for
every two acres. The maximum number of occupants per cottage shall
be 16.
(e)
Completely detached buildings or structures on the same lot
shall not be less than 20 feet from one another.
(f)
Adequate measures to prevent noise and other noxious influences
from disturbing nearby residential properties shall be taken.
(h)
No mobile homes and no recreational vehicles shall be permitted
as part of a cottage development or private camp as defined herein.
(i)
A zoning permit shall be obtained on an annual basis.
(j)
Parking: 1 1/4 parking spaces shall be provided for each
cottage, plus one additional space for each employee on the largest
shift.
(6)
D6 Miscellaneous Golf Uses.
(a)
Miniature golf course including office.
[1]
A miniature golf course shall have its lot frontage on and take
access from an arterial highway, as defined in the Township ordinances.
[2]
Minimum lot area: five acres.
[3]
Minimum setback from street and property lines: 50 feet.
[4]
Minimum lot frontage: 200 feet.
[5]
Parking: one off-street parking space for each 50 square feet
used for service to customers, patrons, clients, or guests, plus one
additional space for each employee. Parking areas shall be adequately
screened when situated within 50 feet of land zoned for or in residential
use.
(b)
Golf driving range.
[1]
A golf driving range shall have its lot frontage on and take
access from an arterial highway, as defined in the Township ordinances.
[2]
Minimum lot area: 10 acres.
[3]
Minimum setback from street and property lines: 100 feet.
[4]
Tees and driving areas shall be arranged so as to protect surrounding
properties, streets and buildings from golf balls. All necessary measures,
including fencing or net, shall be taken to ensure that balls shall
not leave the property.
[5]
Lighting. Any lighting shall be installed in such a manner as
to ensure that no light projects off the site.
[6]
Minimum lot frontage: 200 feet.
[7]
Parking: one off-street parking space for each stall, plus one
additional space for each employee. The foregoing parking requirements
shall be in addition to the parking requirements for miniature golf
courses if developed jointly. Parking areas shall be adequately screened
when situated within 50 feet of land zoned for or in residential use.
E.
Utility service uses.
(1)
E1 Utility or Public Service Uses.
(a)
Utility or public service uses shall be limited to transformer
stations, pumping stations, relay stations, cellular telecommunications
facilities, electrical substations, telephone substations, sewage
treatment plants, and any similar or related installations, not including
public incinerators and public or private landfills, provided that:
[Amended 2-18-2014 by Ord. No. 2014-3]
[1]
No public business office or any storage yard or storage building
shall be operated in connection with the utility/public service use
except in commercial and industrial zoning districts.
[2]
A buffer yard shall be provided in accordance with existing
ordinances along all property lines and street right-of-way lines
which shall include adequate means for visual screening and shall
include the following minimum setbacks from all property lines:
[a]
Water tower: set back not less than the height
of the tower, plus 200 feet.
[b]
Electrical substation: 50 feet.
[c]
Well facility: 100 feet.
[d]
Sewer pumping station: 50 feet.
[e]
Water treatment facility: 100 feet.
[f]
Sewage treatment plant: 200 feet.
[g]
All other utility/public services uses: 50 feet.
(b)
Wireless communications facilities.
[Amended 2-18-2014 by Ord. No. 2014-3; 5-16-2022 by Ord. No. 2022-01]
[1]
Intent. The intent of this subsection is to:
[a]
Provide for the managed development of WCF in a
manner that enhances the benefits of wireless communication and accommodates
the needs of both Township residents and wireless carriers in accordance
with federal and state laws and regulations;
[b]
Accommodate the need for WCF while regulating their
location and number so as to ensure the provision of necessary services;
[c]
Establish procedures for the design, siting, construction,
installation, maintenance and removal of nontower WCF, small WCF,
and tower-based WCF in the Township, including facilities both inside
and outside the public rights-of-way;
[d]
Address new wireless technologies, including but
not limited to distributed antenna systems, data collection units,
WCF, cable Wi-Fi and other WCF;
[e]
Minimize the adverse visual effects and the number
of such facilities through proper design, siting, screening, material,
color and finish and by requiring that competing providers of wireless
communications services collocate their WCF on existing infrastructure;
and
[f]
Promote the health, safety and welfare of the Township's
residents.
[2]
Applicability.
[a]
WCF for which a permit has been issued prior to
the effective date of this subsection shall not be required to meet
the minimum requirements of this subsection.
[b]
This subsection shall not govern the installation
of any amateur radio facility that is owned by a federally licensed
amateur radio station operator or that is used exclusively for receive-only
antennas.
[c]
This subsection shall supersede all conflicting
requirements of other codes and ordinances regarding the location
and permitting of WCF.
[3]
General requirements for all wireless communications facilities.
[a]
Standard of care.
[i]
All WCF shall meet or exceed all applicable standards
and provisions of the FAA, the FCC and any other agency of the state
or federal government with the authority to regulate WCF, the latest
National Electrical Safety Code (NESC), American National Standards
Institute (ANSI) Code, and the structural standards of the American
Association of State Highway and Transportation Officials or any other
industry standard applicable to the structure. In case of conflict,
the most stringent requirements shall prevail. All necessary certifications
shall be obtained by the WCF applicant and provided to the Township.
[ii]
If such standards or regulations are changed,
the owner of the WCF shall bring such WCF into compliance with the
revised standards within six months of the effective date of such
standards or regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to bring
such facilities into compliance shall constitute grounds for the removal
of the WCF at the owner's expense.
[b]
Engineer signature. All plans and drawings included
in an application for a WCF shall contain a seal and signature of
a professional engineer, licensed in the Commonwealth of Pennsylvania.
[c]
Eligible facilities requests.
[i]
WCF applicants proposing a modification to an existing
WCF shall be required to obtain a building permit and a zoning permit
from the Township. In order to be considered for such permits, the
WCF applicant must submit a permit application to the Township in
accordance with applicable permit policies and procedures. Such permit
application shall clearly state that the proposed modification constitutes
an eligible facilities request under the Code of Federal Regulations
(47 CFR 1.6100). The permit application shall detail all dimensional
changes being made to the WCF and wireless support structure.
[d]
Timing of approval.
[i]
Within 30 calendar days of receipt of a complete
application for the modification of an existing WCF, the Township
Zoning Officer shall notify the WCF applicant, in writing, of any
information that may be required to complete such application.
[ii]
Within 60 days of receipt of a complete application
for the modification of an existing WCF, the Township Zoning Officer
shall issue the required building and zoning permits authorizing construction
of the WCF.
[e]
Wind and ice. All WCFs shall be designed to withstand
the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI/TIA-222, as amended), or to the industry
standard applicable to the structure.
[f]
Aviation safety. WCFs shall comply with all federal
and state laws and regulations concerning aviation safety.
[g]
Public safety communications. WCFs shall not interfere
with public safety communications, or the reception of broadband,
television, radio or other communication services enjoyed by occupants
of nearby properties.
[h]
Radio frequency emissions. A WCF shall not, by
itself or in conjunction with other WCFs, generate radio frequency
emissions in excess of the standards and regulations of the FCC, including
but not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended. The WCF applicant
shall submit proof of compliance with all applicable standards relating
to radio frequency emissions as part of any complete WCF application.
[i]
Noise. WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and Chapter 123 of the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
[j]
Nonconforming wireless support structures. WCFs
shall be permitted to co-locate upon existing nonconforming wireless
support structures. Co-location of WCFs upon existing wireless support
structures is encouraged even if the wireless support structure is
nonconforming as to use within a zoning district.
[k]
Inspections; reports. WCF shall be inspected on
a regular basis to ensure structural integrity and compliance with
applicable federal, state and local codes and regulations. Inspection
reports shall be submitted to the Township on at least an annual basis
unless more frequent inspection reports are required by federal, state,
or local codes or regulations.
[l]
Permit fees. The Township may assess appropriate
and reasonable permit fees directly related to the Township's
actual costs in reviewing and processing the application for approval
of a WCF, as well as related inspection, monitoring, and related costs.
Such permit fees shall be established by the Township fee schedule.
[m]
Indemnification. Each person or entity that owns
or operates a WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of the WCF. Each person that owns or operates
a WCF shall defend any actions or proceedings against the Township
in which it is claimed that personal injury, including death, or property
damage was caused by the construction, installation, operation, maintenance
or removal of a WCF. The obligation to indemnify, hold harmless and
defend shall include, but not be limited to, the obligation to pay
judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
[n]
Noncommercial usage exemption. Township residents
utilizing satellite dishes, citizen and/or band radios, and antennas
for the purpose of maintaining television, phone, and/or internet
connections at their residences shall be exempt from the regulations
enumerated in this subsection.
[o]
Abandonment; removal. In the event that use of
a WCF is to be discontinued, the owner shall provide written notice
to the Township of its intent to discontinue use and the date when
the use shall be discontinued. A WCF not operated for a period of
12 months shall be considered abandoned. Discontinued or abandoned
WCFs, or portions of WCFs, shall be removed as follows:
[i]
All abandoned or unused WCFs and accessory equipment
shall be removed within 90 days of the cessation of operations at
the site or receipt of notice that the WCF has been deemed abandoned
by the Township, unless a time extension is approved by the Township.
[ii]
If the WCF or accessory equipment is not removed
within 90 days of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and/or associated
facilities and equipment may be removed by the Township and the cost
of removal assessed against the owner of the WCF regardless of the
owner's or operator's intent to operate the WCF in the future.
[iii]
The Township reserves the right to pursue all
available remedies under the law to ensure removal of the WCF and
restoration of the site at the expense of the owner. Any delay by
the Township in taking action shall not invalidate the Township's
right to take action.
[iv]
Where there are two or more users of a single
WCF, this provision shall not become effective until all users have
terminated use of the WCF for a period of 12 months.
[p]
Maintenance. The following maintenance requirements
shall apply:
[i]
All WCFs shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance, repair
or replacement.
[ii]
Such maintenance shall be performed to ensure
the upkeep of the WCF in order to promote the safety and security
of the Township's residents and in accordance with all applicable
Township, state and federal regulations.
[iii]
All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
[iv]
Failure to maintain. Where a WCF is not maintained
in a manner to promote the safety and security of the Township's
residents and in accordance with all applicable municipal, state,
and federal regulations, the Township will issue a notice to remedy
the condition to the owner of the WCF and the owner of the wireless
support structure, where such owner is not a municipal entity. If
the condition is not remedied within 30 days of the notice, the WCF
and/or associated facilities and equipment may be removed by the Township
and the cost of removal assessed jointly and severally against the
owner of the WCF and the owner of the wireless support structure where
such owner is not a municipal entity, regardless of the owner's
or operator's intent to operate the WCF in the future.
[v]
Emergency maintenance. Where a WCF creates an immediate
risk of harm to the public health, safety, and welfare, the Township
may remedy such dangerous condition without notice. The cost of such
remediation shall be assessed jointly and severally against the owner
of the WCF and the owner of the wireless support structure, where
such owner is not a municipal entity.
[4]
Specific requirements for nontower wireless communications facilities.
[a]
The following regulations shall apply to all nontower
WCFs that do not meet the definition of a small WCF:
[i]
Small WCF exemption. Nontower WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 195-16E(1)(b)[4]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 195-16E(1)(b)[3] and [6].
[ii]
Permitted outside the public rights-of-way in
in the C1, O, and LI Zoning Districts where those Zoning Districts
are not overlayed by the Corridor Overlay District.
[iii]
Development regulations.
[A]
The total height of any nontower WCF shall not
exceed 15 feet above the preexisting height of the wireless support
structure to which the WCF is attached.
[B]
In accordance with industry standards, all nontower
WCF applicants must submit documentation to the Township showing that
the proposed nontower WCF is designed to be the minimum height technically
feasible and justifying the total height of the nontower WCF.
[C]
If the WCF applicant proposes to locate the accessory
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
[D]
A security fence not to exceed eight feet in height
shall surround any separate communications equipment building if such
communications equipment building is located at ground level. Vehicular
access to the communications equipment building shall not interfere
with the parking or vehicular circulations on the site for the principal
use.
[iv]
Design.
[A]
In order to assist in evaluating the visual impact,
the WCF applicant shall provide color photo simulations showing the
proposed site of the nontower WCF with a photo-realistic representation
of the proposed WCF as it would appear viewed from the closest residential
property, adjacent roads and from other locations as required by the
Township.
[B]
Nontower WCF shall employ stealth technology and
be treated to match the wireless support structure in order to minimize
aesthetic impact. The application of the stealth technology utilized
by the WCF applicant shall be subject to the approval of the Township.
[C]
Nontower WCFs shall, to the extent technically
feasible, incorporate architectural features, materials and colors
which blend with surrounding buildings, structures, terrain or landscape.
Applications for nontower WCFs shall be subject to review and approval
by the Zoning Officer.
[D]
Nontower WCFs and accessory equipment must be of
a neutral color that is identical to or closely compatible with the
wireless support structure so as to make the WCF and accessory equipment
as visually unobtrusive as possible. Roof-mounted nontower WCFs shall
match existing air-conditioning units, stairs, elevator towers or
other background as nearly as possible.
[v]
Prohibited on certain structures. No nontower WCF
shall be located on single-family detached residences, single-family
attached residences, semidetached residences, duplexes, or any residential
accessory structure.
[vi]
Third-party wireless support structures. Where
the nontower WCF is proposed for co-location on a wireless support
structure that is not owned by the WCF applicant, the WCF applicant
shall present documentation to the Zoning Officer that the owner of
the wireless support structure has authorized co-location of the proposed
nontower WCF.
[vii]
Historic buildings. No nontower WCF may be located within 100 feet of any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, located within a historic district under Article XXVII, or is included in an official historic structures list maintained by the Township.
[viii]
Retention of experts. The Township may hire
any consultant(s) and/or expert(s) necessary to assist the Township
in reviewing and evaluating the application for approval of the WCF
at its sole discretion and, once approved, in reviewing and evaluating
any potential violations of the terms and conditions of these WCF
provisions. The WCF applicant and/or owner of the WCF shall reimburse
the Township for all costs of the Township's consultant(s) in
providing expert evaluation and consultation in connection with these
activities.
[ix]
Insurance. Each person that owns or operates a
nontower WCF shall annually provide the Township with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $1,000,000 per occurrence and property damage coverage in
the minimum amount of $1,000,000 per occurrence covering the nontower
WCF.
[x]
Substantial change. Any substantial change to a
WCF shall require notice to be provided to the Township Zoning Officer,
and possible supplemental permit approval as determined by the Township
Zoning Officer in accordance with the Township Code.
[xi]
Timing of approval.
[A]
Within 30 calendar days of the date that an application
for a nontower WCF is filed with the Township Zoning Officer, the
Township Zoning Officer shall notify the WCF applicant, in writing,
of any information that may be required to complete such application.
[B]
Within 90 days of receipt of a complete application
for a nontower WCF, the Township Zoning Officer shall make a final
decision on whether to approve the application and shall notify the
WCF applicant, in writing, of such decision.
[5]
General and specific requirements for tower-based wireless communications
facilities.
[a]
The following regulations shall apply to all tower-based
WCF that do not meet the definition of a small WCF.
[i]
Small WCF exemption. Tower-based WCFs that meet the definition of a small WCF shall be exempt from the requirements of this § 195-16E(1)(b)[5]. Such small WCFs shall be subject only to applicable permitting and the requirements of § 195-16E(1)(b)[3] and [6].
[ii]
Tower-based WCFs are permitted outside the public
rights-of-way as a special exception in all zoning districts except
that tower-based WCFs shall not be permitted in residential zoning
districts (RA, R1, R1A, R2, RR, RG, MF-1, and MF-2), parcels within
500 feet of a residential district boundary, nor within 500 feet of
any property used for a residential purpose, nor within 300 feet of
the ultimate right-of-way for York Road (SR 263).
[iii]
Special exception required. Tower-based WCFs are permitted outside the public rights-of-way as a special exception and at a height necessary to satisfy their function in the WCF applicant's wireless communications system, subject to the requirements of this § 195-16E(1)(b)[5].
[A]
Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the Township will send via first-class mail notice to all owners of
every property within 300 feet of the proposed facility, advising
of the subject matter and date of such hearing. Such notice shall
be sent at least 10 days in advance of any such hearing.
[B]
Prior to the Zoning Hearing Boards' approval
of a special exception authorizing the construction and installation
of a tower-based WCF, it shall be incumbent upon the WCF applicant
for such special exception approval to prove to the reasonable satisfaction
of the Zoning Hearing Board that the WCF applicant cannot adequately
extend or infill its communications system by the use of equipment
installed on existing structures, such as utility poles or their appurtenances
and other available structures. The WCF applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the WCF applicant's service area and that no
other viable, less-intrusive alternative location exists.
[C]
The special exception application shall include
a site plan, drawn to scale, showing property boundaries, power location,
total height of the tower-based WCF, guy wires and anchors, existing
structures, elevation drawings, typical design of proposed structures,
parking, fences, landscaping and existing uses on adjacent properties.
[D]
The special exception application shall be accompanied
by a description of the type and manufacturer of the proposed transmission/radio
equipment, the frequency range (megahertz band) assigned to the WCF
applicant, the power in watts at which the WCF applicant transmits,
and any relevant related tests conducted by the WCF applicant in determining
the need for the proposed site and installation.
[E]
The special exception application shall include
evidence that a significant gap in wireless coverage or capacity exists
in the applicable area and that the type of WCF being proposed is
the least intrusive means by which to fill that gap in wireless coverage.
The existence or nonexistence of a gap in wireless coverage shall
be a factor in the Zoning Hearing Board's decision on an application
for approval of tower-based WCF.
[F]
Where the tower-based WCF is located on a property
that is not owned by the WCF applicant, the WCF applicant shall present
evidence to the Zoning Hearing Board that the owner of the property
has granted an easement or other property right, if necessary, for
the proposed WCF and that vehicular access will be provided to the
facility.
[G]
The special exception application shall include
a written certification by a structural engineer licensed in the Commonwealth
of Pennsylvania of the proposed WCF's ability to meet the structural
standards offered by either the Electronic Industries Association
or the Telecommunication Industry Association and certify the proper
construction of the foundation and the erection of the structure.
[H]
An application for a new tower-based WCF shall
demonstrate that the proposed tower-based WCF cannot be accommodated
on an existing wireless support structure. The Zoning Hearing Board
may deny an application to construct a new tower-based WCF if the
WCF applicant has not made a good faith effort to mount the antenna(s)
on an existing wireless support structure. The WCF applicant shall
demonstrate that it contacted the owners of all potentially feasible
structures, buildings, and towers within a one-mile radius of the
site proposed, sought permission to install an antenna on those structures,
buildings, and towers and was denied for one of the following reasons:
|
{1}
|
No existing support structure, building or other structure are
located within the geographic area which meet the applicant's
engineering requirements.
|
|
{2}
|
Existing support structures, buildings or other structures are
not of sufficient height to meet the applicant's engineering
requirements.
|
|
{3}
|
Existing support structures, buildings or other structures do
not have the strength to support the applicant's equipment.
|
|
{4}
|
The applicant's equipment would cause electromagnetic interference
with equipment on the existing support structure, building or other
structure.
|
|
{5}
|
Fees, costs or contractual provisions required by the owner
in order to share an existing location or to adapt for the applicant
are unreasonable. Costs exceeding new construction for a support structure
are presumed to be unreasonable.
|
|
{6}
|
The applicant demonstrates that there are other limiting factors
that render other locations unsuitable.
|
|
{7}
|
The applicant demonstrates that an alternative technology that
does not require the use of a support structure, such as cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is not suitable. Costs of alternative technology
that exceed costs for the construction of a support structure and
antenna development shall not be presumed to render the technology
unsuitable.
|
[iv]
Development regulations.
[A]
Tower-based WCFs shall not be located in, or within
100 feet of an area in which all utilities are located underground.
[B]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the tower-based WCF and accessory
equipment, any guy wires, the equipment building, security fence,
and applicable screening.
[v]
Design regulations.
[A]
Height. Any tower-based WCF shall be designed at
the minimum functional height. The maximum total height of a tower-based
WCF which is not located in the public ROW shall not exceed 120 feet,
as measured vertically from the ground level to the highest point
on the tower-based WCF, including antennas and subsequent alterations.
[B]
Visual appearance and land use compatibility.
|
{1}
|
Tower-based WCFs shall employ stealth technology which may include
the wireless support structure being painted a certain color as approved
by Zoning Hearing Board or utilizing a galvanized finish.
|
|
{2}
|
All tower-based WCFs and accessory equipment shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
|
|
{3}
|
The Zoning Hearing Board shall consider whether its decision
upon the subject application will promote the harmonious and orderly
development of the zoning district involved; encourage compatibility
with the character and type of development existing in the area; prevent
a negative impact on the aesthetic character of the community; preserve
woodlands and trees existing at the site to the greatest possible
extent; and encourage sound engineering and land development design
and construction principles, practices and techniques.
|
[C]
Anticlimbing device. If deemed necessary by the
Zoning Hearing Board, a tower-based WCF shall be equipped with an
anticlimbing device, as approved by the manufacturer.
[D]
Minimum setbacks. The minimum distance between
the base of a tower-based WCF and any adjoining property line or street
right-of-way line shall equal 75% of the proposed WCF structure's
height or the applicable principal building setback, whichever is
greater, unless the applicant shows to the satisfaction of Zoning
Hearing Board that the proposed tower-based WCF has been designed
in such a manner that a lesser setback will have no negative effects
on public safety.
[vi]
Surrounding environs.
[A]
The WCF applicant shall ensure that the existing
vegetation, trees and shrubs located within proximity to the WCF structure
shall be preserved to the maximum extent possible.
[B]
The WCF applicant shall submit a soil report to
Zoning Hearing Board complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/TIA-222, as amended, to document and verify the
design specifications of the foundation of the tower-based WCF, and
anchors for guy wires, if used.
[vii]
Fence/screen.
[A]
A security fence having a height not to exceed
eight feet shall completely surround any tower-based WCF located outside
the public rights-of-way, as well as accessory equipment, guy wires,
or any building housing accessory equipment.
[B]
Landscaping shall be required to screen as much
of a newly constructed tower-based WCF as possible. The Zoning Hearing
Board may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping,
if, in the discretion of the Zoning Hearing Board, they achieve the
same degree of screening.
[viii]
Accessory equipment.
[A]
Accessory equipment shall not intrude into the
minimum setback requirements for the district in which the WCF is
located or exceed a maximum height of 12 feet.
[B]
Ground-mounted accessory equipment associated or
connected with a tower-based WCF shall not be located within 50 feet
of a lot in residential use.
[C]
Accessory equipment associated, or connected, with
a tower-based WCF shall be placed underground or screened from public
view using stealth technology. All ground-mounted accessory equipment,
utility buildings and accessory structures shall be architecturally
designed to be concealed from public view to the maximum extent possible
and be compatible with the architecture of surrounding buildings,
structures or landscape.
[D]
One single-story wireless communications equipment
building, or its equivalent, not exceeding 500 square feet in area
may be permitted on the tower-based WCF.
[ix]
Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Zoning Hearing Board with a written commitment that it will allow other service providers to co-locate antennas on the tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennas without complying with the applicable requirements of this Article III and any other zoning provision.
[x]
FCC license. Each person or entity that owns or
operates a tower-based WCF shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
[xi]
Signs. All tower-based WCFs shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency. The only other
signage permitted on the WCF shall be those required by the FCC, or
any other federal or state agency.
[xii]
Lighting. No tower-based WCF shall be artificially
lighted, except as required by law. If lighting is required, the WCF
applicant shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the Township Secretary.
[xiii]
Storage. The storage of unused equipment, materials
or supplies is prohibited on any tower-based WCF site.
[xiv]
Repair of nonconforming tower-based WCF. Nonconforming
tower-based WCFs which are hereafter damaged or destroyed due to any
reason or cause may be repaired and restored at their former location
but must otherwise comply with the terms and conditions of this section.
The co-location of antennas is permitted on nonconforming structures.
[xv]
Insurance. Each person that owns or operates a
tower-based WCF shall provide the Township Zoning Officer with a certificate
of insurance evidencing general liability coverage in the minimum
amount of $5,000,000 per occurrence and property damage coverage in
the minimum amount of $5,000,000 per occurrence covering the tower-based
WCF.
[xvi]
Timing of approval.
[A]
Within 30 calendar days of the date that an application
for a tower-based WCF is filed with the Township Zoning Officer, the
Township Zoning Officer shall notify the WCF applicant, in writing,
of any information that may be required to complete such application.
[B]
Within 150 days of receipt of a complete application
for a tower-based WCF, Zoning Hearing Board shall make a decision
to approve or deny the proposed tower-based WCF and the Township shall
issue the required building and zoning permits authorizing construction
of the WCF.
[6]
Regulations applicable to all small wireless communications
facilities. The following regulations shall apply to small wireless
communications facilities:
[a]
Location and development standards.
[i]
Small WCF are permitted by administrative approval from the Township Zoning Officer in all Township zoning districts, subject to the requirements of this § 195-16E(1)(b)[6] and generally applicable permitting as required by the Township Code.
[ii]
Small WCF in the public ROW requiring the installation
of a new wireless support structure shall not be located in front
of any building entrance or exit.
[iii]
In applications for small WCF in the public ROW
requiring the installation of new wireless support structure shall
be required to provide the name of the nearest nonmunicipal property
owner for purposes of notification.
[iv]
Applications for small WCF in the public ROW requiring
the installation of a new wireless support structure shall require
the applicant to demonstrate that co-location is not technically feasible
or is not feasible due to inability to acquire requisite property
rights.
[v]
All small WCF shall comply with the applicable
requirements of the Americans with Disabilities Act and all Township
Code requirements applicable to streets and sidewalks.
[b]
Historic buildings. No small WCF may be located
within 100 feet of any property, or on a building or structure that
is listed on either the National or Pennsylvania Registers of Historic
Places, or eligible to be so listed, located within a historic district,
or is included in the official historic structures list maintained
by the Township.
[c]
Small WCF being placed in areas where utilities
are required to be placed underground shall be located on decorative
poles, as more fully set forth in the Small Wireless Communications
Facility Design Manual.[10]
[10]
Editor's Note: Said manual is included as an attachment to this chapter.
[d]
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
[e]
Obstruction. Small WCF and accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the Township.
[f]
Graffiti. Any graffiti on a small WCF, including
the wireless support structure and any accessory equipment, shall
be removed at the sole expense of the owner of the tower, or in default
of the owner of the tower, the owner of the property upon which the
tower is located within 30 days of notification by the Township.
[g]
Design standards. All small WCF in the Township
shall comply with the requirements of the Township Small Wireless
Communications Facility Design Manual. A copy of such shall be kept
on file at the Township Department of Community Development.
[h]
Timing of approval.
[i]
Within 10 calendar days of the date that an application
for a small WCF is filed with the Township Zoning Officer, the Township
shall notify the WCF applicant, in writing, of any information that
may be required to complete such application.
[ii]
Within 60 days of receipt of an application for
co-location of a small WCF on a preexisting wireless support structure,
the Township Zoning Officer shall make a final decision on whether
to approve the application and shall notify the WCF applicant, in
writing, of such decision.
[iii]
Within 90 days of receipt of an application for
a small WCF requiring the installation of a new or replacement wireless
support structure, the Township Zoning Officer shall make a final
decision on whether to approve the application and shall notify the
WCF applicant, in writing, of such decision.
[i]
Relocation or removal of facilities. Within 90
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a small WCF in the
ROW shall, at its own expense, temporarily or permanently remove,
relocate, change or alter the position of any WCF when the Township,
consistent with its police powers and applicable Public Utility Commission
regulations, shall determine that such removal, relocation, change
or alteration is reasonably necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[ii]
The operations of the Township or other governmental
entity in the right-of-way;
[iii]
Vacation of a street or road or the release of
a utility easement; or
[iv]
An emergency as determined by the Township.
[j]
Reimbursement for ROW use. In addition to permit
fees as described in this section, every small WCF in the ROW is subject
to the Township's right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the Township's actual
ROW management costs including, but not limited to, the costs of the
administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Township. The
owner of each small WCF shall pay an annual fee to the Township to
compensate the Township for the Township's costs incurred in
connection with the activities described above. Such fees shall comply
with the applicable requirements of the Federal Communications Commission.
(c)
Facilities owned and operated by Warwick Township or the Warwick
Township Water and Sewer Authority shall not be subject to the requirements
of this subsection.
(d)
Parking: two off-street parking spaces, or one space per employee,
whichever requires the greatest number of spaces.
(2)
E2 Emergency Services. Fire, ambulance, rescue, and other emergency
services. All emergency services shall be operated, recognized or
authorized by the Township.
(a)
Minimum lot area: one acre.
(b)
At least 5% of the gross site area shall be devoted to civic
or recreational use in the form of a park, plaza, memorial garden,
sculpture garden, or like amenity.
(d)
Parking: three off-street parking spaces for every four employees
on the two major shifts at maximum employment, or four off-street
parking spaces for each fire truck where no community room is a part
of the building, whichever requires the greater number of parking
spaces. Where a community room is provided, two off-street parking
spaces for each fire truck plus one off-street parking space for each
100 square feet of total floor area.
(3)
E3 Terminal. Bus or taxi station or terminal or public parking lot.
(4)
E4 Airport or Heliport. A facility designed for aircraft, including
airplanes and helicopters, to take off and land. An airport includes
hangers for the storage of aircraft, facilities for refueling and
repairing aircraft and various accommodations for passengers.
(a)
In addition to the airport accessory office, service, industrial,
or commercial uses shall be approved by the Township Board of Supervisors
as conditional uses. The area, dimensional, coverage, buffering, impervious
surface limitations, and parking requirements for the specific use
and the Industrial District shall be met.
(b)
Approval shall be secured from the Pennsylvania Department of
Transportation, Bureau of Aviation and the Federal Aviation Administration.
(c)
A "stopway" of at least 300 feet in length and having a width
equal to that of the paved runway shall be provided between each end
of the runway and the property line of the airport tract.
(d)
As a minimum, all buildings, runways, taxiways, parking areas
for aircraft, warm-up pads, aprons, lights, communication facilities,
tie-down areas, repair facilities, refueling facilities, etc., shall
be 75 feet from property lines and street lines, as well as conforming
to all other state and federal aviation setback requirements.
(e)
A steel post and mesh Class "E" wire fence having a height of
four feet shall enclose that part of the airport tract which is used
by aircraft so that animals and unauthorized persons and vehicles
are restrained from entering the aircraft operating area.
(f)
The owners, lessees and operators of the airport shall take
all possible actions to protect the peace, safety and air quality
of the environment of the area surrounding the airport. This shall
include:
(g)
At least 5% of the gross site area shall be devoted to civic
or recreational use in the form of a park, plaza, memorial garden,
sculpture garden, or like amenity.
(h)
The buffer requirements of § 195-63 of this chapter shall be met. In addition, warm-up ramps, parking areas, tie-down areas and hangars shall meet the buffer requirements of this chapter.
(i)
No airport shall be established if its flight pattern will conflict
with the flight patterns of any existing airport or heliport.
(j)
The minimum lot size for a heliport shall be 10 acres.
(k)
The flight patterns for a heliport shall be established to prevent
patterns which will take flights over residential areas.
(l)
Parking: off-street parking spaces for the principal airport
or heliport facility as the Board of Supervisors shall determine adequate
to serve customers, patrons, visitors, employees, and vehicles normally
parked on the premises.
(5)
E5 Large-Scale Solar Energy Park. A ground-mounted (as opposed to
roof-mounted) solar energy system with a capacity of generating 150
kilowatts or more including, but not limited to, photovoltaic and
concentrated solar energy systems. For purposes of this chapter, the
term “large-scale solar energy system” (also referred
to as “system”) shall include the system, accessory structures
and buildings, including substations, electrical infrastructure, transmission
lines and other appurtenant structures, equipment and facilities.
(b)
Land development approval shall be required. In addition to
the requirements of the Subdivision and Land Development Ordinance,[12] the land development plan shall include an electrical
diagram detailing the system, associated components, the approximate
generating capacity of the system, and electrical interconnection
methods, with all National-Electrical-Code-compliant disconnects and
overcurrent devices.
(c)
The applicants shall submit a plan for the operation and maintenance
of the system, which shall include measures for maintaining safe access
to the installation, stormwater control, and general procedures for
operations maintenance of the installation.
(d)
No system shall be constructed until proof is submitted that
the utility company that operates the electrical grid where the installation
is to be located has been informed of the applicant's intent to install
an interconnected customer-owned generator.
(e)
The applicants shall demonstrate that the system conforms to
applicable industry standards, including those of the American National
Standards Institute. The applicant shall submit certificates of design
compliance obtained by the equipment manufacturer from Underwriters
Laboratories (UL), IEEE, Solar Rating and Certification Corporation
(SRCC), ETL, and other similar certifying organizations.
(f)
Dimensional requirements:
[1]
Minimum lot size: 10 acres.
[2]
Front yard setback: the system and all appurtenant equipment
and structures shall be located at least 75 feet from the ultimate
right-of-way, provided that where the lot abuts a residential use
or district, the front yard setback shall not be less than 100 feet.
[3]
Side yard setbacks: the system and all appurtenant equipment
and structures shall be located at least 50 feet from any side property
line, provided that where the lot abuts a residential use or district,
the side yard setbacks shall not be less than 75 feet.
[4]
Rear yard setback: the system and all appurtenant equipment
and structures shall be located at least 50 feet from the rear property
line, provided that where the lot abuts a residential use or district,
the rear yard setback shall not be less than 100 feet.
[5]
The system and all appurtenant equipment and structures, including
but not limited to equipment shelters, storage facilities, transformers
and substations, shall be shielded, by vegetative cover, from view
of adjacent properties and streets. Vegetative cover shall not be
of such a height as to block direct sunlight from the solar panels.
[6]
All components of the system shall be considered impervious,
and the impervious surface requirements of the underlying zoning districts
shall be met.
(g)
There shall be no signage on the system other than a sign, no
larger than 16 square feet, identifying the manufacturer, owner and
providing a twenty-four-hour emergency contact phone number. The system
shall not display advertising.
(h)
A system shall not be artificially lighted, except to the extent
required by safety or any applicable federal, state or Township law
or regulations.
(i)
All electrical transmission lines, wiring, and cables shall
be installed underground.
(j)
A system shall be enclosed by a fence, barrier or other appropriate
means to prevent or restrict unauthorized persons or vehicles from
entering the property on which the system is located. Warning signs
shall be placed on the fence, barrier or system to inform individuals
of potential voltage hazards.
(k)
The owner of the system shall provide a copy of the approved
land development plan to the local fire company. Upon request, the
owner shall cooperate with the Township and local emergency providers
to develop an emergency response plan. All methods of shutting down
the system shall be clearly marked.
(l)
Any system which has reached the end of its useful life or has
been abandoned shall be removed. The owner shall physically remove
the installation no more than 180 days after discontinuation of operations
or abandonment. Decommissioning and removal shall include:
[1]
Physical removal from the site of all panels, equipment, structures,
security barriers and transmission lines.
[2]
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
[3]
Stabilization and revegetation of the site as is necessary in
the determination of the Township to minimize erosion.
[4]
Prior to issuance of a permit for the construction of the system,
the applicant shall post financial security in amount equal to 125%
of the estimated cost of removal and compliance with additional requirements
set forth in this subsection. The applicant shall submit a fully inclusive
estimate of the costs associated with removal, prepared by a qualified
engineer. The estimate shall include a mechanism for calculating increased
removal costs due to inflation.
F.
Office uses.
(1)
F1 Medical Office. Office or clinic for medical or dental examination
or treatment of persons as outpatients, including laboratories incidental
thereto.
(b)
Parking: four off-street parking spaces per doctor or medical
practitioner, plus one additional space for each additional employee.
When the building in which the practice is located is not fully occupied,
the applicant shall provide one parking space per 150 square feet
of total floor area to allow for expansion of the use as the practice
grows. Parking areas must be adequately screened when situated within
50 feet of land zoned for or in residential use.
(2)
F2 Veterinary Office. Office of a veterinarian with accessory animal
kennel. In no event shall kennels be allowed as a primary use.
(a)
No animal shelter, kennels, or runs shall be located closer
than 200 feet from any lot line and shall be enclosed if necessary
to prevent sound from being audible on adjacent properties.
(c)
Parking: four off-street parking spaces for each doctor, plus
one space for each employee. Parking areas must be adequately screened
when situated within 50 feet of land zoned for or in residential use.
(3)
F3 Office. Business, professional or governmental office other than
Uses F1 and F2.
(4)
F4 Business Park. A business park is a planned development of office
and related uses which includes improvements for internal streets,
coordinated utilities, landscaping, and buffering.
(a)
Individual uses may be located in detached and attached structures.
(b)
(c)
Permitted uses: F1, F2, F3, G2, G3, G6, G7, G9, G15, G20, G30,
H2, and I1, I8. H7 uses such as a blacksmith, upholstery or similar
small crafts which do not generate noise or odor shall be permitted
in a business park.
(d)
Accessory outside storage or display of materials, goods, or
refuse is not permitted within an office park.
(e)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from direct
glare or hazardous interference of any kind.
(g)
All uses within the business park shall take access from an
interior lot.
(h)
All loading facilities shall be located to the rear or side
of buildings.
(j)
A transportation impact study and water impact study shall be
prepared in accordance with specifications provided by the Township's
consulting engineers.
(k)
In areas not served by public water, a water impact study shall
be prepared in accordance with the specifications of the Township's
consulting engineers.
(m)
The applicant shall submit a plan for the overall design and
improvements for the business park including water and sewer facilities
in accordance with the Township's Act 537 Plan.
(n)
The plan for overall design and improvements for the business
park shall include a landscaped area along the frontage of the property
which includes a monument sign with a brick base and a brick kneewall
between two feet six inches and three feet six inches.
(o)
Open space: 20% of the base site area shall be reserved as common
open space. In addition, at least 5% of the gross site area shall
be devoted to civic or recreational use in the form of a park, plaza,
memorial garden, sculpture garden, or like amenity, which shall be
centered in the business park, and, where possible, accessible by
trail systems on adjacent properties.
(q)
There shall be a fifty-foot-wide buffer along all arterial streets
and against residential properties, and a forty-foot-wide buffer along
all other streets and other properties. This buffer shall consist
of one canopy tree every 30 feet plus one evergreen tree per every
60 feet. In addition to the canopy and evergreen trees, a combination
of brick wall approximately two feet six inches and three feet six
inches in height, and evergreen hedge, shall surround the site, and
shall be planted in, or immediate to the rear of, the buffer area.
(r)
All architectural drawings shall be submitted to the Board of
Supervisors for approval prior to land development approval. In no
event shall the architectural design include flat roofs.
(s)
Parking: one off-street parking space for each 200 square feet
of total floor area. Parking areas must be adequately screened when
situated within 50 feet of land zoned for or in residential use.
G.
Commercial and consumer service uses.
(1)
G1 Commercial School. Trade or professional school; art, music, or
dancing school. Other schools not included under Use C3.
(a)
Minimum lot area: two acres, unless developed as part of a shopping
center (G27).
(c)
Parking: one off-street parking space per faculty member and
employee, plus one space per three students. Parking areas shall be
adequately screened when situated within 50 feet of land zoned for
or in residential use.
(2)
G2 Day-Care Center. Day nursery, nursery school, kindergarten or
other agency giving day-care to more than six children.
[Amended 4-2-2012 by Ord. No. 2012-3]
(a)
Minimum lot area shall be 60,000 square feet.
(b)
All day-care uses shall comply with the Pennsylvania Department
of Public Welfare registration, certification and licensing requirements,
including all Township building codes.
(c)
For all day-care uses, an outdoor recreation area shall be provided
at a minimum of 100 square feet of nonimpervious surfaces for each
child. All day-care recreation areas shall be fully enclosed by a
four-foot-high fence and shall be located to the side or rear of the
lot. Outside play or recreation areas shall be limited to the hours
of 8:00 a.m. to 7:00 p.m.
(d)
The minimum yard, setback and lot width requirements for other
permitted uses in the applicable zoning district shall be met.
(f)
When used in combination with another nonresidential use, a
permit is required for each use.
(g)
An existing residential building may be used and occupied as
a single-family residence for the owner or an employee of the owner
of the day-care center.
(h)
Parking: at least one off-street parking space for each teacher,
administrator and maintenance employee, plus two additional spaces
per classroom and three safe passenger unloading spaces, measuring
10 feet by 20 feet. Parking shall be adequately screened when situated
within 50 feet of land zoned for or in residential use.
(3)
G3 Retail Store. A shop or store selling commodities and goods to
the ultimate consumer. Not included under this use is the over-the-counter
sale of alcoholic beverages in a tavern or bar or a store with greater
than 15 square feet of floor area devoted to the display of pornographic
materials.
(4)
G4 Adult Commercial. Adult Commercial Uses. An adult commercial store,
adult entertainment cabaret, adult movie house, and other adult uses
as defined below.
(a)
Adult commercial bookstore: An adult bookstore is an establishment
with more than 15 square feet of floor area devoted to the display,
selling and/or rental of pornographic materials which are pictures,
drawings, photographs, video tapes, or other depictions or printed
matter and paraphernalia, which if sold knowingly to a minor under
18 years of age, would violate the criminal laws of the Commonwealth
of Pennsylvania in effect at the same time.
(b)
Adult entertainment cabaret: a public or private establishment,
which is licensed to serve food and/or alcoholic beverages, which
features live sex, topless dancers, strippers, male or female impersonators,
or similar entertainers, or similar establishment to which access
is limited to persons 18 years of age or older.
(c)
Adult video/movie houses: an enclosed building used regularly
and routinely for presenting, displaying or exhibiting obscene matter
for observation by patrons therein, or similar establishment to which
access is limited to persons 18 years of age or older.
(d)
Other adult uses: any business, activity or use similar to or
of the same general nature as the uses listed above.
(e)
The building or structure of such use shall be located no less
than 500 feet from any residential use or district, and no less than
1,000 feet from any public or private school, church, recreation facility
or any other religious, institutional or educational use.
(f)
No such use shall be located within 2,000 feet of a similar
use.
(g)
No materials sold within shall be visible from any window, door
or exterior of the building.
(h)
No person under the age of 18 years of age shall be permitted
within an adult commercial store or sold any pornographic material.
(j)
Parking: one off-street parking space for each 100 square feet
of total floor area, plus one additional space for every two employees.
(5)
G5 Village-Oriented Shop or Service Business. A shop or store including
corner grocery (as distinct from a supermarket), drugstore, stationery
store, soda fountain, luncheonette, barbershop, beauty parlor, antique
shop, craft store, office, studio, photographer, travel agency, shoe
repair, tailor, optician, and clothes dry-cleaning establishment.
This use shall not include a store, shop or office in excess of 2,000
square feet of floor area.
(a)
Lighting on pole fixtures shall not exceed 10 feet in height.
The source of illumination shall be recessed and shielded within the
fixture itself and shall not exceed 0.5 footcandle at the property
line.
(b)
Outdoor collection stations shall be provided for garbage and
trash removal. These stations shall be located to the rear of the
structure and shall be screened from view and landscaped.
(d)
Parking: one off-street parking space for each 200 square feet
of total floor area, plus one additional space for every full-time
employee. Parking shall not be located between a building and a street.
(6)
G6 Adult Day-Care Center. Day-care services or other agency giving
day care to two or more adults, not including up to one relative of
the property or business owner.
[Added 4-2-2012 by Ord. No. 2012-3]
(a)
Minimum lot area shall be 40,000 square feet.
(b)
All day-care uses shall comply with the Pennsylvania Department
of Aging registration, certification and licensing requirements, including
all Township building codes.
(c)
No overnight customers and/or guests are permitted. Permitted
hours of operation are limited to 5:00 a.m. to 9:00 p.m.
(d)
Any outdoor recreation areas shall be fully enclosed by a four-foot
or higher fence.
(e)
The minimum yard, setback and lot width requirements for other
permitted uses in the applicable zoning district shall be met.
(g)
The center shall maintain a staff to client ratio of one to
seven at all times.
(h)
An existing residential building may be used and occupied as
a single-family residence for the owner or an employee of the owner
of the day-care center.
(i)
Parking: at least one off-street parking space for each employee,
plus two additional spaces for each 1,000 square feet of floor area
and three accessible safe passenger unloading spaces. Parking shall
be adequately screened when situated within 50 feet of land zoned
for or in residential use.
(j)
Any buildings used in conjunction with this use shall be fully
accessible.
(k)
Medications and injections of substances that are not self-administered
by clients shall be administered by a qualified medical professional.
Nonmedical staff persons who have completed the Department of Public
Welfare's (DPW) medication administration course may administer oral,
topical, eye and eardrop prescription medications. To administer insulin,
a staff person must also complete an approved diabetes patient education
program.
(l)
The center is required to obtain the services of either a registered
nurse (RN), licensed in Pennsylvania, or a practical nurse (LPN),
licensed in Pennsylvania who is under the direction of a licensed
registered nurse or a licensed physician. The nurse may be a full-time
or part-time staff member, a consultant, or may serve through some
other arrangement that meets the needs of the clients.
(m)
The maximum licensed capacity shall be no greater than one consumer
and/or guest per 50 square feet of indoor space. Indoor floor space
shall be measured wall to wall, including space occupied by equipment,
temporary storage and furnishings. Space occupied by lavatories, dining
areas, loading docks, kitchens, hallways, offices and first aid rooms
cannot be included unless it is documented that the space is used
for programming for at least 50% of each program day. Permanent storage
space may not be included in the indoor floor space.
(7)
G7 Financial Establishment. Bank, savings and loan association, credit
union, and other financial establishment.
(a)
Each drive-up service window, including remote cash machines,
shall have a waiting area for at least four vehicles; however, when
only a single drive-up service window or remote cash machine is provided,
a waiting area for at least six vehicles shall be provided. The waiting
line area shall be separated from other circulation lanes.
(b)
A ten-foot minimum clearance width shall be provided between
drive-up service windows or remote cash machines.
(d)
Parking: one off-street parking space for each 200 square feet
of total floor area.
(8)
G8 Funeral Home or Mortuary. An establishment for the preparation
of the deceased for burial and the display of the deceased and ceremonies
connected therewith before burial or cremation. Crematories may only
be permitted in the LI District and shall be a conditional use meeting
all the requirements of this chapter.
(b)
Parking: one off-street parking space for each four seats provided
for patron use, or at least one off-street parking space for each
50 square feet of total floor area, whichever requires the greater
number of off-street parking spaces, plus one additional space for
each full-time employee.
(9)
G9 Eating Place. Eating place for the sale and consumption of food
and beverages without drive-in service. The sale of alcoholic beverages
must be incidental to the sale and consumption of food and shall be
subject to all licensing requirements of the state.
(b)
Parking: one off-street parking space for each 50 square feet
of total floor area, or one off-street parking space for every two
seats, whichever requires the greater number of spaces, plus one additional
space for each full-time employee on the largest shift.
(10)
G10 Drive-Ins and Other Eating Places. Eating place for the
sale and consumption of food and nonalcoholic beverages other than
Use G9 Eating Place.
(b)
There shall be a vehicle waiting lane area for at least six
vehicles. The waiting lane shall be separated from other circulation
lanes.
(c)
A ten-foot minimum clearance width shall be provided between
drive-up service windows.
(d)
Parking: one off-street parking space for every two seats, or
one off-street parking space for every 25 square feet of total floor
area, whichever requires the greater number of off-street parking
spaces, plus one additional space for each employee on the largest
shift.
(11)
G11 Tavern. An establishment which serves alcoholic beverages
for on-premises consumption and which is licensed. This use does not
include adult commercial uses.
(12)
G12 Repair Shop. Repair shop for items, including but not limited
to appliances, lawn mowers, watches, guns, bicycles, locks, small
business machines, but not including automobiles, motorcycles, trucks,
trailers, and other heavy equipment.
(13)
G13 (Reserved)
(14)
G14 Theater. A building in which films are shown or stage shows
are performed regardless of the type of film or program presented.
This use does not include open air, outdoor or drive-in theaters.
This use does not include adult commercial uses.
(a)
The display of any pornographic material which would violate
the criminal laws of the Commonwealth of Pennsylvania in effect shall
be prohibited.
(c)
Parking: one off-street parking space for each three seats provided
for patron use, or at least one off-street parking space for each
40 square feet of total floor area used or intended to be used for
service to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee.
(15)
G15 Indoor Athletic Club. An indoor athletic club shall include
buildings for indoor court games played with a ball such as racquetball,
handball, squash, tennis, basketball, and volleyball; aquatic facilities,
facilities for exercise equipment and health clubs and facilities
related thereto; skateboarding or cycling facilities; ice skating
and/or ice hockey rinks.
(b)
Parking: one off-street parking space for each five persons
of total capacity, or at least one off-street parking space for each
50 square feet of gross floor area used or intended to be used for
services to customers, patrons, clients, guests, or members, whichever
requires the greater number of off-street parking spaces, plus one
additional space for each employee.
(16)
G16 Amusement halls and arcade. An entertainment facility operated
as a gainful business within a building or structure providing automatic
amusement devices or games, pool or billiard rooms, bowling alley,
indoor miniature golf or similar facilities. This use does not include
adult commercial uses.
(a)
An automatic amusement device or game is defined to be each
coin-operated machine, mechanical or electronic machine which operates
or may be operated as a game or contest of skill or amusement of any
kind or description. Such devices shall be governed by this use in
any location where more than four such devices are located.
(b)
This use shall be located no closer than 1,500 feet, measured
in all directions, to a school or church.
(c)
Such use shall only be operated between the hours of 10:00 a.m.
and 10:00 p.m.
(d)
No audio speakers or equipment shall be installed inside or
outside the location of such use which would cause sounds to emanate
to the exterior of the premises.
(f)
Parking: one off-street parking space for each 50 square feet
of total floor area, plus one additional off-street parking space
for each employee.
(17)
G17 Outdoor Entertainment. Outdoor entertainment other than
Use D1. This use shall not include any activity which involves the
outdoor discharge of firearms.
(18)
(Reserved)
(19)
G19 Motel-Hotel. Motel, hotel; a building or group of buildings
for the accommodation of transient guests, chiefly motorists, containing
guest rooms for rent.
(b)
Motels and hotels may include accessory restaurant facilities, conference facilities, meeting rooms and tavern facilities. In addition to the parking requirements of Subsection G(19)(d) below, parking shall be provided for the accessory facilities based on one off-street parking space for each 50 square feet of total floor area or one off-street parking space for every four seats, whichever requires the greater number of spaces.
(c)
There shall be a fifty-foot-wide buffer through all arterial
streets and against residential properties and a forty-foot-wide buffer
along all other streets and other properties. This buffer shall consist
of one canopy tree every 30 feet plus one evergreen tree per every
60 feet. In addition to the canopy and evergreen trees, a combination
of brick wall between two feet six inches and three feet six inches
in height, and evergreen hedge shall surround the site and shall be
planted in, or immediate to the rear of, the buffer area.
(d)
Parking: 1 1/4 off-street parking spaces for each rental room
or suite, plus one additional off-street parking space for each full-time
employee. If accessory/associated uses such as a restaurant are located
on the motel/hotel grounds, parking for those facilities shall be
provided in accordance with the provisions of this chapter.
(20)
G20 Billboard. A sign which directs attention to an activity
not conducted on the same lot. Billboards may also be referred to
as off-premises advertising signs.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a)
Location. Billboards shall be located only along York Road (State
Route 263) between School Road and Sugar Bottom Road.
(b)
Right-of-way. No off-premises advertising sign or any part thereof
shall be erected or maintained closer than 50 feet from the future
right-of-way of a public street. No off-premises advertising sign
or any part thereof shall be erected or maintained farther away than
150 feet from the future right-of-way of State Route 263.
(c)
Billboards shall not be located upon or within any protected
natural resource.
(d)
Billboards shall be constructed on a monument base of stone
or brick and landscape plantings shall be installed in and around
the monument base. No billboard shall be erected on a monopole.
(e)
The following buffer plants shall be planted adjacent to all billboards. The size and species of these plants shall comply with the requirements listed in § 195-63 of this chapter.
(f)
Minimum lot area: 10,000 square feet.
(g)
Minimum lot width at building setback line: 90 feet.
(h)
Front and rear yard setback: 75 feet.
(i)
Side yard setbacks: 50 feet.
(j)
No billboard shall be located within 50 feet of any driveway
or private lane.
(k)
Height. The lesser of 20 feet from the nearest shoulder of the
road to the highest point on the sign, or 25 feet from the undisturbed
surface of the ground underneath the sign to the highest point on
the sign.
(l)
Separation requirement. No billboard may be erected or maintained
within 500 feet of any other such sign or freestanding sign or residential
dwelling.
(m)
Area of billboard. No billboard shall exceed a maximum area
of 150 square feet including border, but excluding supports and decorative
trim which is not part of the copy content of the display.
(n)
Billboards shall be nonilluminated, freestanding signs. Only
one billboard may be erected on a property. No electronic, video graphic,
or signs with changing or scrolling text, pictures, or graphics shall
be permitted.
(o)
All billboards shall be maintained in good condition. The structural
components of the sign shall be maintained to ensure their integrity
and to prevent the possible collapse of the sign. Any damage to the
structural components shall be repaired within 24 hours. The face
of the sign shall be blank or shall show the full advertisement. Signs
having ripped, defaced, or partial advertisements shall be immediately
repaired by having the advertisement restored to its original condition,
removed, or covered.
(21)
G21 Convenience Store. The retail sale of grocery items and
take-out food. Not included under this use is the over-the-counter
sale of alcoholic beverages in a tavern or bar or a store with greater
than 15 square feet of floor area devoted to the display of pornographic
materials. The convenience store use shall be subject to the following
conditions:
(a)
There shall be no table service or drive-through service.
(b)
An accessory fueling station of no more than six double-sided
pumps may be added to buildings over 5,000 square feet. At least one
electric vehicle charging station shall also be provided when an accessory
fueling station is proposed. The electric charging station shall not
be included in the required parking count. An accessory fueling station
shall be permitted only in the VC 2 District.
[Amended 10-18-2021 by Ord. No. 2021-02]
(c)
The canopy over the stations which dispense fuel shall be limited
as follows:
[1]
The height of the canopy shall not exceed 22 feet from grade
to the highest point of the roof.
[2]
The roof of the canopy shall be pitched and shall not be flat.
[3]
The canopy shall extend beyond the fuel pumps only as far as
the Township deems necessary to protect from the elements customers
fueling their vehicles.
[4]
The color, construction materials, and architectural design
of the canopy and its support poles shall be consistent with the color,
construction materials and architectural design of the convenience
store building.
[5]
The lighting in and on the canopy shall be recessed and shall
be pointed downward to avoid glare leaving the canopy area.
(d)
There shall be no automotive service or sales of automotive
parts.
(e)
The maximum building size shall be 6,500 square feet.
(f)
There shall be fifty-foot-wide buffers through arterial streets
and against residential properties, and a forty-foot-wide buffer along
all other streets and other properties. The buffer shall consist of
a minimum of one canopy tree every 30 feet, one evergreen shrub every
15 feet, and one shrub or hedge planting every eight feet.
(g)
Parking: one off-street parking space for each 100 square feet
of total floor area, plus one additional space for every two employees.
Areas for fueling will not count as parking spaces.
(h)
Rows of parking spaces shall not be contiguous, but rather separated
by a curbed, landscaped island no less than four feet in width. Ends
of the parking rows shall be treated with landscaped islands with
a minimum width of 10 feet. Pavement may be included in the landscape
islands only if the pavement forms part of a walkway system serving
the entire site.
(i)
Off-street loading zone shall be required as determined necessary
by the Township.
(22)
G22 Service Station and/or Car-Washing Facility. The retail
sale of vehicular fuels and/or a car-washing facility; and including
as accessory uses the sale and installation of lubricants, tires,
batteries and similar accessories and/or the sale of groceries and
similar convenience-type products.
(a)
A minimum lot width of not less than 250 feet shall be provided
along each street on which the lot abuts.
(b)
The sale of convenience-type products shall be limited to a
maximum floor area of 2,000 square feet.
(c)
Access to roads shall be at least 200 feet from the intersection
of any streets.
(d)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(e)
Fuel pumps and canopies shall be at least 25 feet from any ultimate
street right-of-way.
(f)
All automobile parts and similar articles shall be stored within
a building.
(g)
All refuse shall be stored within a building or exterior enclosed
area.
(h)
Paint spraying or body and fender work shall not be permitted.
(i)
Lubrication, oil changes, tire changes, and minor repairs permitted
if entirely within a building.
(j)
Vehicles shall not be stored outdoors while awaiting repairs
for more than five days, and no more than five vehicles may be stored
on the property at any one time.
(k)
Junk vehicles may not be stored in the open at any time.
(l)
Approval shall be secured from the Pennsylvania State Police
Fire Marshal and the Warwick Township Fire Marshal for the underground
storage of fuel. The state and Township fire marshals shall be contacted
if fuel tanks are temporarily or permanently abandoned. All uses shall
comply with the Pennsylvania State Police Flammable Liquid Regulations.
(n)
A stacking lane shall be provided for 15 waiting vehicles for
each drive-through automatic car-wash facility. The stacking lane
shall not encroach on the required parking facilities, future road
right-of-way, or the points of ingress and egress to the site.
(o)
Parking: one off-street parking space for every 200 square feet
of total floor area or two off-street parking spaces for each service
bay, whichever is larger, plus one space for each employee. Off-street
parking spaces shall not be part of, nor interfere with, the accessways
to the pumps.
(p)
At least one electric vehicle charging station shall be provided
where there is sale of vehicular fuel. The electric charging station
shall not be included in the required parking count.
[Added 10-18-2021 by Ord. No. 2021-02]
(23)
G23 Vehicular Sales. Sale and rental of motor vehicles including
automobiles by a duly franchised new car dealership, used car sales,
trucks, trailers, cycles, boats and recreation vehicles including
repair work conducted as an accessory use.
(a)
Minimum lot area: five acres.
(b)
In addition to compliance with the buffer requirements of § 195-63 of this chapter, the applicant shall installed a six-foot berm, with trees and shrubs as directed by the Township, around the perimeter of the property in any location that is adjacent to a residential use or zoning district.
(c)
All motor vehicle parts, refuse, and similar articles shall
be stored within a building or enclosed area.
(d)
All lighting shall comply with the lighting regulations of this
chapter, including the requirement that all light sources must be
shielded and directed downward. No individual light fixture shall
be more than 20 feet high.
(e)
Deliveries shall be made during hours when the business is open.
Vehicles must be off-loaded outside the right-of-way of public roads
and streets.
(f)
Vehicles awaiting repair may not be stored outdoors more than
10 days.
(g)
Painting and/or body work shall not be permitted in conjunction
with this use.
(h)
Parking: one off-street parking space for each 100 square feet
of total floor area and one off-street parking space for each 5,000
square feet of total outside vehicle display area, plus one additional
space for each employee. This required parking shall not be used for
the display of automobiles offered for sale or lease.
(24)
G24 Vehicular Repair. Motor vehicle repair garage, including
paint spraying and body and fender work, provided that all repair
and paint work is performed within an enclosed building.
(a)
All motor vehicle parts, refuse and similar articles shall be
stored within a building or enclosed area.
(b)
Vehicles awaiting repair and junk vehicles may not be stored
outdoors more than 10 days and no more than 10 vehicles shall be stored
on the property at any one time.
(c)
Vehicles stored on the property waiting for repair shall be
located in an area which is not visible from the street or adjacent
properties.
(e)
Parking: one off-street parking space for each 100 square feet
of total floor area, plus one additional space for each employee.
(25)
G25 Vehicular Accessories. Sale of automotive accessories, parts,
tires, batteries, and other supplies. Installation and storage of
parts shall be in an enclosed structure.
(26)
G26 Heavy Equipment and Farm Equipment Sales and Repair. Heavy
equipment and farm equipment repair and sales.
(b)
All motor vehicle parts, refuse and similar articles shall be
stored within a building or enclosed area.
(c)
Vehicles awaiting repair and junk vehicles may not be stored
outdoors more than 10 days and no more than 10 vehicles shall be stored
on the property at any one time.
(d)
Parking: one off-street parking space for each 100 square feet
of total floor area, plus one additional space for 5,000 square feet
of outdoor display area, plus one additional space for each employee.
(27)
G27 Shopping Center. A shopping center which is planned and
designed as a complex of related structures and circulation patterns.
(a)
Minimum site area: 12 1/2 acres.
(b)
In a shopping center, the following uses shall be permitted:
[1]
Retail shops and stores selling apparel, books, confection,
drugs, dry goods, flowers, food stuffs, furniture, gifts, hardware,
toys, household appliances, jewelry, notions, periodicals, shoes,
stationary, tobacco, paint, records, cards, novelties, hobby and art
supplies, music, luggage, sporting goods, pets, floor covering, garden
supplies, greenhouses, and fabrics, provided all products produced
on the premises are sold on the premises at retail. Also included
within this use shall be the sale of soft drinks and beer. However,
not included within this use is a bar, tavern or taproom, the principal
business of which is the sale of alcoholic beverages. Also excluded
are all slot machines, gaming devices and coin-operated amusement
devices.
[2]
Service business including barber, beautician, laundry and dry
cleaning, shoe repair, tailor, photographer, travel agency.
[3]
Financial establishment: bank, savings and loan association,
credit union and other financial establishment. Drive-in facilities
shall be permitted provided there is a vehicle waiting lane area for
at least six vehicles. The waiting lane shall be separated from other
circulation lanes.
[4]
Restaurant or eating place for the sale and consumption of food
and beverages. The sale of alcoholic beverages must be incidental
to the sale and consumption of food (Use G9 or G10).
[5]
Automotive accessories: sale of automotive accessories, parts,
tires, batteries, and other supplies. Installation of parts shall
be in an enclosed structure in conjunction with a major department
store and may be a separate structure.
[6]
Entertainment: indoor movie theater (G14).
[7]
Medical office: office or clinic for medical or dental examination
or treatment of persons as outpatients, including laboratories incidental
thereto.
[8]
Office: business, professional, governmental or municipal services.
[9]
Any use of the same general character as any of the above-permitted
uses, when authorized as a special exception by the Zoning Hearing
Board, provided that such use shall be permitted subject to such reasonable
restrictions as the Board may determine.
(c)
Buffer yard areas shall be provided and planted along all street
frontages and around the perimeter of the shopping center development
that adjoins adjacent properties. Along street frontages and adjoining
properties in nonresidential zoning districts, a minimum buffer of
30 feet shall be required, and along property lines of adjoining properties
in residential zoning districts, a fifty-foot buffer is required.
A planting area at least 15 feet wide shall be provided on either
side of all entrances to the mall separating the entrance drives from
the parking area.
(d)
Open space. A minimum of 20% of the base site area shall be
reserved as common open space. In addition, at least 5% of the gross
site area shall be devoted to civic or recreational use in the form
of a park, plaza, memorial garden, sculpture garden, or like amenity
which shall be located in a center area of the shopping center.
(e)
There shall be a fifty-foot-wide buffer along all arterial streets
and against residential properties, and a forty-foot-wide buffer along
all other streets and other properties. This buffer shall consist
of one canopy tree every 30 feet plus one evergreen tree per every
60 feet. In addition to the canopy and evergreen trees, a combination
of brick wall between two feet six inches and three feet six inches
in height, and evergreen hedge shall surround the site, and shall
be planted in, or immediately to the rear of, the buffer area.
(g)
The distance at the closest point, between any two buildings
or groups of units of attached buildings, shall not be less than 20
feet.
(h)
Lighting facilities shall be provided and arranged in a manner
which will protect the highway and neighboring properties from any
direct glare or hazardous interference of any kind.
(i)
Parking: 4 1/2 off-street parking spaces shall be provided
and maintained for each 1,000 square feet, or a portion thereof, of
gross leasable area. An additional 10% of the total number of required
spaces shall be held in reserve. An area depicting these spaces shall
be identified on the record plan and held as open space until such
time as needed. The design of site improvements shall include this
area, including, but not limited to stormwater management, impervious
surface coverage, etc. "Gross leasable area" is the total floor area
designed for tenant occupancy and use, including basements, mezzanines,
storage areas and upper floors, if any, expressed in square feet and
measured from the center line of common partitions and from outside
wall faces.
(k)
Water and sewer service shall be provided pursuant to the Township's
Act 537 Plan.
(28)
G28 Miniwarehouse. Warehouse/storage units provided for lease
to the general public for the purpose of storage of articles commonly
associated with residential properties.
(a)
Minimum aisle width between buildings shall be 26 feet.
(b)
The storage facilities complex shall be surrounded by a fence
at least eight feet in height of a type approved by the Township.
(c)
Outdoor storage of automobiles, boats, and recreation vehicles
is permitted if they are within the fenced area. A maximum of two
square feet of outdoor storage area shall be permitted for every one
square foot of indoor storage area. The parked vehicles shall not
interfere with traffic movement through the complex and shall meet
the minimum setbacks.
(d)
Buffers shall be provided in accordance with § 195-63 of this chapter. In addition, any parked vehicles which are stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
(e)
One office and dwelling unit is permitted as an accessory use
to provide for a full-time caretaker.
(f)
Approval shall be obtained from the Township Police Chief and
Fire Marshal regarding security and fire protection.
(g)
Each structure shall not exceed 6,000 square feet in size.
(h)
The maximum height of the storage units shall be 15 feet.
(j)
A zoning permit shall be obtained on an annual basis.
(k)
Parking: one space for each five storage units or, if the size
and number of units is flexible, one space for each 2,000 square feet
of total floor area and outside storage area. These parking spaces
shall be distributed equally throughout the storage area. If a manager's
living quarters are included, two additional spaces are required.
One additional space for each 25 storage compartments or, if the size
and number of units is flexible, one space for each 10,000 square
feet of total floor area to be located at the project office for use
by prospective clients.
(29)
G29 Dwelling in Combination. An accessory dwelling unit that
is clearly subordinate to an institutional, commercial, consumer service
or office use.
(a)
Where permitted, a dwelling in combination may be used as an accessory use with an institutional, commercial, consumer, service or office use that is permitted within the applicable district. Where permitted, a dwelling in combination may be used as an accessory use with a nonconforming institutional, commercial, consumer service or office use under the requirements of Article XXI.
(c)
In addition to the requirements for the principal use, the minimum
floor area, minimum lot area and minimum off-street parking requirements
for the B8 use shall be met for any accessory dwelling unit.
(d)
The maximum density in all districts shall be 2.0 dwelling units
per acre.
(30)
G30 Nonresidential Conversion. The conversion of an existing
structure to a permitted nonresidential use shall be permitted where
the character of the existing structure is maintained and where all
parking and other requirements for the particular use are met.
(a)
A new zoning permit is required each time a structure is converted
to a different nonresidential use.
(31)
G31 Drug Store with Drive-Through Service. A retail drug store,
with drive-through service, selling prescription drugs, over-the-counter
drugs, cosmetics and accessory miscellaneous consumer goods, but selling
no prepared food. This use shall be subject to the following conditions:
(a)
There shall be no more than one drive-up lane at each store.
(b)
The drive-through lane shall have a vehicle waiting/stacking
lane for at least six vehicles. The waiting lane shall be separated
from other circulation lanes.
(c)
The requirements of § 195-16G(3), including parking, shall apply to this use.
(d)
There shall be a fifty-foot-wide buffer through arterial streets
and against residential properties and a forty-foot-wide buffer along
all other streets and other properties. The buffer shall consist of
a minimum of one canopy tree every 30 feet, one evergreen shrub every
15 feet and one shrub or hedge planting every eight feet. The buffering
requirements of this subsection may be waived in whole or in part
when, in the sole discretion of the Board of Supervisors, the nonresidential
use of adjacent property or properties does not warrant the imposition
of the buffer requirements as stated above.
(32)
G32 Garden Center. A retail establishment which sells plants,
trees and shrubs, or a combination thereof, together with gardening
accessories and supplies.
(33)
G33 Consumer Fireworks Facility. Facility permitting the sale of
consumer fireworks in accordance with the following provisions:
[Added 10-18-2021 by Ord. No. 2021-02]
(a)
Permanent facility.
[1]
Shall be permitted within the Limited Industrial (LI) zoning
district.
[2]
Facility shall be a stand-alone building, no larger than 4,000
square feet.
[3]
Storage area shall be separated from wholesale and/or retail
sales areas by appropriately rated fire separation.
[4]
Facility is located no closer than 250 feet to any facility
selling or dispensing gasoline, propane or other such flammable product.
This distance shall be measured by the shortest line from the exterior
of the facility building to any gasoline, propane or flammable product
storage tank or dispensing device at a facility that sells or dispenses
gasoline, propane or other such flammable products.
[5]
Facility is located at least 1,500 feet from any other G33 facility.
This distance shall be measured by the shortest line from the exterior
of the existing facility building to the closest exterior point of
the proposed facility.
[6]
No display fireworks shall be stored or located at the facility.
[7]
There shall be security personnel on the premises 24 hours per
day for the seven days preceding and including July 4 and for the
three days preceding and including January 2.
[8]
All land development plans for construction, use or renovation
of an existing building for the purpose of selling fireworks shall
be reviewed by the appropriate Code Enforcement Officer for compliance
with the Pennsylvania Construction Code Act and all required fire
safety codes, including, but not limited to, the International Fire
Code, and such comments and/or report shall be copied to the appropriate
fire company.
[9]
Sale of fireworks shall be subject to compliance with all provisions
of Pennsylvania Act 43 of 2017 pertaining to the sale thereof. Hours
of operation shall be confined from 9:00 a.m. to 10:00 p.m. The facility
shall have a monitored burglar and fire alarm system.
[10]
All sales of consumer fireworks shall be conducted
only within a facility approved by the Pennsylvania Department of
Agriculture pursuant to the Pennsylvania Fireworks Law.
[11]
All sales of consumer fireworks as defined herein
shall be conducted only from a facility exclusively dedicated to the
storage and sale of fireworks.
[12]
No smoking shall be permitted in the facility.
No cigarettes or tobacco products, matches, lighters or any other
flame-producing devices shall be permitted to be taken in to the facility.
[13]
No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the adult
in the facility.
[14]
No person who appears to be under the influence
of intoxicating liquor or drugs shall be admitted to the facility,
and no liquor, beer or wine shall be permitted in the facility.
[15]
Quarterly fire drills and preplanning meetings
shall be conducted as required by the applicable fire company.
[16]
The owner shall provide its employees with documented
training in the area of operational safety of the facility. Written
documentation that each employee has received this training shall
be provided to the Department of Agriculture.
[17]
Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
[18]
Each facility shall carry at least $2,000,000
in public and product liability insurance and provide a copy of the
certificate of insurance to the applicable Township.
[19]
Parking. No less than one parking space for every
200 square feet of gross floor area, plus one space for every two
employees. All parking shall be screened in accordance with Attachment
2, Table 1, Buffer Yard Classification.
(b)
Temporary structure.
[1]
OUTDOOR STORAGE UNIT
TEMPORARY STRUCTURE
The following definitions shall apply to this section:
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
A structure other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items; the term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks.
[2]
Shall be permitted within the Limited Industrial (LI) zoning
district.
[3]
The temporary structure is located no closer than 250 feet to
a facility storing, selling or dispensing gasoline, propane or other
flammable product. This distance shall be measured by the shortest
line from the exterior of the temporary structure to any gasoline,
propane or flammable product storage tank or dispensing facility that
sells or dispenses gasoline, propane or other flammable products.
[4]
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124.
[5]
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
[6]
The temporary structure complies with NFPA 1124 as it relates
to retail sales of consumer fireworks in temporary structures.
[7]
The temporary structure is located one of the following distances
from a permanent facility licensed to sell consumer fireworks under
the Fireworks Law, at the time of the effective date of this ordinance:[18]
[a]
Prior to January 1, 2023, at least five miles.
[b]
Beginning January 1, 2023, at least two miles.
[18]
Editor's Note: "This ordinance" refers to Ord. No. 2021-02,
adopted 10-18-2021, and which provided that it would be effective
five days after enactment.
[8]
The temporary structure does not exceed 2,500 square feet.
[9]
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
[10]
The temporary structure has a minimum of $2,000,000
in public and product liability.
[11]
The sales period is limited to June 15 through
July 8 and December 21 through January 2 of each year.
[12]
Consumer fireworks not on display for retail sale
are stored in an outdoor storage unit.
[14]
Storage of consumer fireworks shall be permitted
only as an accessory use to the sale of consumer fireworks.
(c)
Use of fireworks.
[1]
Use of consumer fireworks.
[a]
Conditions. A person who is at least 18 years of
age and meets the requirements of this section may purchase, possess
and use consumer fireworks.
[b]
Prohibitions. A person may not intentionally ignite
or discharge:
[i]
Consumer fireworks on public or private property
without the express permission of the owner.
[ii]
Consumer fireworks or sparkling devices within,
or throw consumer fireworks or sparkling devices from, a motor vehicle
or building.
[iii]
Consumer fireworks or sparkling devices into
or at a motor vehicle or building or at another person.
[iv]
Consumer fireworks or sparkling devices while
the person in under the influence of alcohol, a controlled substance
or another drug.
[v]
Consumer fireworks within 150 feet of an occupied
structure. For purposes of this section, "occupied structure" shall
mean a structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
[2]
Use of display fireworks. No display fireworks shall be ignited
within 300 feet of a permanent facility or temporary structure that
sells fireworks.
H.
Industrial uses.
(1)
H1 Manufacturing. Manufacturing, including the production, processing,
cleaning, testing, and distribution of materials, goods, foodstuffs,
and products.
(3)
H3 Wholesale Business, Wholesale Storage, Warehousing. Wholesale
business, wholesale storage, or warehousing with no sales to the public.
(5)
H5 Contracting. Contractor offices and shops such as building, cement,
electrical, heating, masonry, painting, plumbing, carpentry, and roofing.
(b)
All materials and vehicles shall be stored within a building
or an enclosed area visually screened from adjacent properties and
streets by a solid vegetation barrier or solid fence.
(c)
Parking: one off-street parking space for each employee on the
largest shift, or one off-street parking space for every 500 square
feet of total floor area, whichever is greater, plus one space for
each company vehicle normally stored on the premises.
(6)
H6 Truck Terminal. A use of land or structures for the temporary
storage of trucks and/or the transfer of freight from one truck to
another.
(a)
Short-term warehousing may be permitted under this use.
(b)
The truck terminal shall be licensed by the Public Utilities
Commission.
(c)
Trucks with compressors or other trucks which run more than
six hours a day shall be located within a quadrangle of buildings
or walls.
(e)
Each truck terminal shall have an office and comfort facilities
on the property.
(f)
Parking: In addition to areas devoted to the parking of trucks
as part of the intrinsic use, there shall one off-street parking space
for each employee or one space for every 500 square feet of total
floor area, whichever requires the greater number of spaces, plus
one space for each company vehicle normally stored on the premises.
(7)
H7 Crafts. Upholstery, cabinetmaking, furniture making, locksmith,
gunsmith, and similar crafts.
(8)
H8 Lumber Yard. Lumber yard where lumber products are sold and/or
processed. This principal use may be combined with a planing mill.
(9)
H9 Mill. Mill where grain and similar products are processed.
(10)
H10 Fuel Storage and Distribution. Storage and distribution
of fuel oil or coal.
(a)
Approval shall be secured from the Pennsylvania State Police
Fire Marshal and the Warwick Township Fire Marshal for the underground
storage of fuel.
(c)
Parking: off-street spaces as the Zoning Hearing Board shall
determine adequate to serve customers, employees, visitors, and vehicles
normally parked on the premises, but in no case less than one off-street
parking space for each employee.
(11)
H11 Auto Salvage Recycling Center. An area of land, with or
without buildings, used for the storage of two or more motor vehicles
not having valid inspection stickers issued by the Pennsylvania Department
of Transportation, excluding farm vehicles, or of two or more wrecked
or broken vehicles, or the major parts of two or more such vehicles.
(a)
No material shall be placed in any junkyard in such a manner
that it is capable of being transferred out of the auto salvage recycling
center by wind, water, or other natural causes.
(b)
The boundaries of any auto salvage recycling center shall at
all times be clearly delineated.
(c)
The land area used for auto salvage recycling center purposes
shall not be exposed to public view from any public street or road
by virtue of its location on a hillside or location on a plateau below
street level.
(d)
Such auto salvage recycling center shall be entirely enclosed
by a solid fence or wall, at least eight feet, but no more than 10
feet, high, constructed of plank boards, brick, cinder, block, or
concrete, with access only through solid gates. The fence or wall
shall be situated no closer to any street or property line than 50
feet. Such fence or wall shall be kept in good repair and neatly painted
in a uniform color.
(e)
The contents of such an auto salvage recycling center shall
not be placed or deposited to a height greater than the height of
the fence or wall herein prescribed.
(f)
Between the fence or wall and the street or property line, buffer
plantings shall be placed that are either:
[1]
One deciduous tree (two-and-one-half-inch caliper minimum) at
an average of one tree per 40 lineal feet of buffer plus one evergreen
tree (six-foot minimum height) at an average of one tree per 20 lineal
feet of buffer; or
[2]
One deciduous tree (two-and-one-half-inch caliper minimum) at
an average of one tree per 40 lineal feet of buffer plus one deciduous
shrub (three-foot minimum height) per four lineal feet of buffer.
Shrubs shall be privet, forsythia, or viburnum species.
(g)
All materials shall be stored in such a manner as to prevent
the breeding or harboring of rats, insects, or other vermin. When
necessary, this shall be accomplished by enclosing in containers,
raising of materials above the ground, separating of types of material,
preventing the collection of stagnant water, extermination procedures,
or other means.
(h)
No explosive, toxic, radioactive, or highly flammable materials
shall be kept on the property.
(i)
No burning shall be carried on in any auto salvage recycling
center. Fire shall be prevented and hazards avoided by organization
and segregating of stored materials, with particular attention to
the separation of combustibles from other materials and enclosure
of combustibles where necessary (gas tanks shall be drained), by the
provision of adequate aisles (at least 15 feet) for escape and fire
fighting and by other necessary measures.
(j)
All vehicles must be drained of all liquids before they are
placed in the auto salvage recycling center. An impervious base, free
of cracks and sufficiently large for draining liquids from all vehicles,
shall be provided. The base should be sloped to drain to a sump or
holding tank and liquid shall be removed from the site as often as
is necessary to prevent overflow of the system. Curbing round the
pad must be able to retain runoff from a one-hundred-year, twenty-four-hour
storm. All hazardous liquids shall be properly disposed of according
to the Department of Environmental Protection's rules and regulations.
(k)
A zoning permit shall be obtained on an annual basis.
(l)
Parking: one off-street parking space for each employee on the
largest shift, plus three spaces for customer parking.
(12)
H12 Extractive Operations.
(a)
ASPHALT PLANT
OWNER OR OPERATOR OF A QUARRY/EXTRACTION USE, READY-MIX CONCRETE
PLANT OR ASPHALT PLANT
PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
QUARRY/EXTRACTION OPERATION
READY-MIX CONCRETE PLANT
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
An operation or plant which has as its primary function the
mixing of rock materials with asphalt oils or other binders for road-building
and construction purposes.
The applicant therefor and its agents when acting under this
subsection, notwithstanding any definition to the contrary in any
other law or regulation.
Also the successor thereto.
An excavation or other place from which an aggregate or mass
of mineral matter, whether or not coherent, is extracted by surface
mining, including but not limited to the extraction of stone, including
limestone and dolomite, gravel and sand, rock and stone, earth, clay
and topsoil, fill, slag, iron ore, zinc ore, vermiculite, shale, slate,
or other minerals or natural resources, by cutting, digging, blasting
or other means, including but not limited to those related operations
of crushing, sorting, sizing, stockpiling, or spoilpiling of such
extracted materials, and including overburden, settlement basins,
borrow pits, equipment maintenance, and parking areas. Minor excavation,
such as removal of topsoil for construction of buildings or other
structures or construction operations and blasting for removal of
rock in construction operations not qualifying as a quarry/extraction
operation, is hereby excluded.
An operation or plant which has as its primary function the
mixing of materials to make concrete. Excluded from the regulations
of this subsection is the mixing of concrete on a construction site
on a temporary basis or until construction on the site is completed.
(b)
All other definitions in this chapter, and any other Township
ordinances, the provisions of this subsection shall control.
(c)
The Township shall have the authority, by adoption of a resolution,
to establish a schedule of fees to be applied to all of the applications,
inspections and permits for the uses governed by this subsection,
including applications for conditional use, land development, and
subdivision approval for the uses governed by this subsection and
for the insurance requirements required by the owner or operator of
such uses.
(d)
An applicant for conditional use and subdivision/land development
approval of any of the uses governed by this subsection shall demonstrate
to the satisfaction of the Township that all of the provisions of
this subsection have been or will be satisfied, and all the provisions
of this subsection are hereby established as specific requirements
for conditional use approval and for land development and subdivision
approval.
(e)
The following regulations shall govern the quarry/extraction,
ready-mix concrete plant and asphalt plant uses in Warwick Township,
and they shall apply to all three uses, except where the context of
a regulation would apply only to a particular use or it is otherwise
specified that the regulation applies to a particular use:
[1]
Soil berm.
[a]
For a quarry/extraction operation, there shall
be a soil berm of a minimum height of 35 feet and a maximum height
of 40 feet, measured from the natural ground elevation of the land
prior to any development, surrounding the entire property site, except
for those areas required for ingress and egress to the quarry/extraction
property designated on the final land development plan approved by
the Township. The slope of the sides of the berm shall not exceed
in steepness a three-to-one ratio (horizontal to vertical); however,
a lesser ratio and steeper slope of the berm may be utilized, with
proper stabilization, if, in the opinion of the Township, such lesser
ratio and steeper slope of the berm are justified by geologic conditions
on the site or surrounding property, good engineering or design practice
or taking into consideration the beneficial resultant qualities of
visibility barrier to be achieved. Berms shall be spread with topsoil
and planted with grass and other suitable vegetation. Erosion control
measures shall be provided in accordance with the standards approved
by the United States Natural Resources Conservation Service. As a
condition for subdivision and land development approval, the foregoing
requirements for a soil berm may be modified or waived by the Township
for that portion of the site which has natural geologic conditions
and resources which would serve the same objectives as the soil berm
and which, in good ecological judgment, should not be disturbed by
the berm construction. By way of example and not limitation, a steep,
wooded bank might serve the purposes of this subsection in lieu of
the soil berm.
[b]
The soil berm location on the site shall provide
the maximum visibility barrier to the use from locations outside the
property, and it is to be located between the buffer yard and the
use. However, the Township may require the soil berm to be located
within the buffer yard if the geologic or natural conditions and features
of and on the site would support that relocation or the same might
enhance the required visibility barrier.
[c]
No soil berm is required specifically for ready-mix
concrete plant or asphalt plant uses, since these uses are permitted
only within the boundary of a quarry which requires a soil berm.
[d]
No quarry/extraction operations may be performed
within or under the surface of the soil berm.
[2]
Buffer yard.
[a]
A minimum two-hundred-foot-wide buffer yard shall
be provided and maintained along the entire outside boundary line
of a quarry/extraction property, and the buffer yard shall be planted
in accordance with the provisions of this chapter. All plant material
shall consist of a dense screen of trees, shrubs or other vegetation
along the entire length of the lot line to serve as a barrier to visibility,
airborne particles, glare and noise and shall be in accordance with
the standards of the this chapter. Areas of ingress and egress shall
be located and sufficiently screened by planted vegetation to form
a suitable visibility barrier between the extraction operation and
the adjoining roads and properties. The buffer yard shall be kept
free of debris and refuse at all times and shall be maintained in
a neat, tidy, and safe condition. Grass and weeds shall be cut or
trimmed regularly and as needed to maintain a neat and clean appearance.
No quarry/extraction operations may be performed within or under the
surface of the buffer yard.
[b]
A buffer yard is not required for a ready-mix concrete
or asphalt plant since the same are permitted only inside a quarry.
[3]
[4]
Landscaping.
[a]
Landscaping of the berm and buffer yard areas shall
be required in accordance with the standards of this chapter, and
the same shall be sufficient to produce, three years after planting,
a complete, all-season visual screen of at least 10 feet in height.
[b]
Any plantings in the buffer yard or berm which
die or are destroyed shall be replaced immediately or as soon as seasonably
possible.
[c]
Both landscaping of the buffer yard and construction
of the berm shall be in compliance with plans submitted to and approved
by the Township.
[d]
The buffer yard landscaping and plantings and the
berm construction shall be completed in accordance with the approved
plans and the provisions of this subsection within six months after
the issuance of the initial zoning permit.
[e]
A landscape architect, licensed by the Commonwealth
of Pennsylvania, shall prepare, sign and seal the landscaping plan
for the buffer yard and any other location on a property where any
of the uses permitted by this subsection are located and shall supervise
the installation of all landscaping and plantings.
[5]
Fence. A chain-link-type fence with openings no larger than
two inches and at least 10 feet in height, surmounted by six strands
of barbed wire mounted on V-shaped arms angled inward and outward,
shall be erected within the buffer yard and around the entire outside
perimeter of the property, except at the points of ingress and egress
to the site. The position of the fence shall be approved by the Township
and located at a point no closer than 50 feet from the ultimate right-of-way
line along a street boundary of the property or not less than 50 feet
inside the property line not bordered by a street. The chain-link
fence and barbed wire shall be maintained in good order and repair
at all times. Points of ingress and egress shall have a gate or gates
which can and shall be locked to secure the property after the permitted
hours of operation.
[6]
Warning signs.
[a]
Appropriate warning signs shall be mounted or posted
along the fence required as aforesaid, at intervals of not more than
100 feet, advising of the use, and the same shall be maintained in
good order and repair at all times.
[b]
Warning signs shall be erected, in accordance with
Pennsylvania Department of Transportation regulations, on all public
highways intersected by internal driveways, at a point 150 feet from
the intersection of a public highway and an internal driveway (or
such lesser distance, if necessary and required by the Township or
if such distance between the internal driveway and the public highway
is less than 150 feet) and on both sides of the intersection of any
internal driveway with a public highway. The warning signs shall be
readily visible to approaching traffic and shall indicate that caution
should be observed and that trucks will be entering the highway.
[7]
Internal driveways. For a quarry use, an adequate internal circulation
pattern of driveways shall be provided and maintained between the
excavation sites and processing areas, and the same shall provide
adequately for traffic safety inside the boundary of the property.
[8]
Use of public streets, bridges, and culverts.
[a]
Use of public streets, bridges, and/or culverts
shall not be permitted for any vehicles hauling between quarry/extraction
and processing areas for weigh-in or for any other internal operations
of the uses permitted by this subsection.
[b]
Before exiting a property upon which any use governed
in this subsection is conducted, all vehicles shall be cleaned and
washed so that no dust, dirt, or other materials from the operation
of such uses or from the property on which the uses are conducted
are carried or transported beyond the property boundary by the vehicles.
Adequate washing and cleaning facilities shall be provided and maintained
in good order and repair at all times at exit points on the property,
and the same shall be used by all vehicles to accomplish the purposes
of this subsection. All loaded trucks leaving the facility must be
covered to prevent materials from spilling into the highways.
[c]
If vehicular traffic for any use governed in this
subsection exits the use onto a Township road, it must be established,
as a condition for approval of the use, by competent, reliable engineering
and scientific proof, that the Township street, bridge and/or culvert
has been constructed to the specifications and standards that accommodate
the expected vehicular traffic of the use without causing damage to
the Township road to an extent greater than that which would be expected
without the operation of such use. If such a greater extent of damage
to the Township road is established as aforesaid, then, as a prerequisite
for conditional use approval, the Township may deny the use application
or require the owner or operator of the use to make improvements to
the Township road in order that the vehicular traffic from the use
can be accommodated in safety and without causing damage to the Township
road. The nature and extent of such road improvements shall be determined
by the Township based on sound engineering practice and judgment,
and the costs of such road improvements shall be paid by the owner
or operator of the use prior to and as a condition for use approval.
[d]
The owner and operator of any use governed by this
subsection shall be responsible for cleaning any material, mud, dirt,
or other debris which may be left on the public roads and streets
as a result of truck traffic entering or leaving the facility. This
obligation shall exist even if the trucks depositing or tracking the
materials, dirt, mud, or debris are not owned or operated by the owner
or operator of the quarry.
[9]
Stop signs. Stop signs shall be erected in accordance with Pennsylvania
Department of Transportation regulations at the intersection of all
internal driveways with public highways, halting all internal traffic
in any direction before entering upon a public highway.
[10]
Caution lights. For all uses governed by this
subsection, caution lights that are approved by Pennsylvania Department
of Transportation regulations shall be provided, having at least two
blinking yellow lights on each sign which are sufficient to attract
the attention of a passing motorist. The lights shall be attached
to signs which advise that caution should be observed due to trucks
entering ahead. The signs shall be erected on the public highway at
a distance of 300 feet from the intersection of the public highway
and internal driveway, or less if necessary and required by the Township.
At least one sign shall face and be readily visible in each direction
of travel on the public highway. The owner/operator of the use for
which the caution lights are required herein shall pay the cost of
providing electricity for the signs, which at all times shall be fully
operational and maintained in good order and repair.
[11]
Slopes. In a quarry/extraction operation, no slope
shall be maintained for piles of extracted or excavated materials
exceeding the normal limiting angle of slippage of the material of
which the excavation or extraction is being made, except for temporary
occasions when the excavation of sand and gravel requires exceeding
that normal limiting angle of slippage. These instances should be
minimized. No undercutting shall be permitted within the buffer yard
or beneath the berm.
[12]
Lateral support. All quarry/extraction operations
shall be conducted with sufficient lateral support to be safe with
respect to hazard to persons, physical damage to adjacent lands, and
improvements and damage to any street, sidewalk, parking area or utility
by reason of slide, sinking or collapse.
[13]
Stockpiles and spoilpiles. No stockpiles and spoilpiles
shall exceed 35 feet in height above the original ground surface level
prior to the development and shall be located inside the soil berm
and buffer yard, toward the quarry extraction use. No materials or
waste deposited upon any stockpile or spoilpile shall be washed, blown,
or otherwise carried or transferred off the site by normal causes
or forces.
[14]
Drainage. All drainage from the site shall be
controlled by dikes, barriers, or drainage structures sufficient to
prevent any silt, debris, or other loose materials from filling any
existing drainagecourse or encroaching on any streets or adjacent
property or entering into any stream, pond, well, subterranean stream,
or other body of water. All operations shall comply with the Pennsylvania
Clean Streams Act[19] and such other laws and regulations which are applicable.
[19]
Editor's Note: See 35 P.S. § 691.1 et seq.
[15]
Ground vibration. No ground vibration caused by
blasting or machinery shall exceed the limits established by all the
applicable laws and the rules and regulations which are adopted thereunder
and which are effective during the operation of the use, with the
exception that no blasting shall cause a peak particle velocity greater
than 0.5 inch per second, measured at any location beyond the boundary
line of the property. Ground vibration for all blasting activities
shall be monitored by the quarry owner/operator with seismic instrumentation
approved by the Township as to its proper frequency response and calibration
referenced to accepted national standards, technological effectiveness
and efficiency; and reports thereon concerning all blasting activities,
certified as to their accuracy by the quarry owner/operator, shall
be furnished to the Township, on a monthly basis; and these reports
shall indicate the time, location and measurement of all blasting
which had taken place on the quarry property since the previous report
had been delivered to the Township. Reports required to be furnished
to DEP concerning blasting activities also shall be sent to the Township
when the same are filed with DEP.
[16]
Noise levels.
[a]
The maximum permissible level of noise for the
uses permitted by this subsection shall not exceed the peak levels
allowable under 25 Pa. Code § 77.564(f)(1) and, further, shall
be limited to an hourly average continuous A-weighted sound level
which shall not exceed 57 dbA on the A-scale when measured at the
property boundary during hours of permissible operation, using a noise
meter in compliance with the American National Standards Institute
Standard ANSI.SI 4-1971 (R1976) Type S2A or equivalent.
[b]
The maximum permissible noise level as set forth
in this subsection shall be further adjusted as follows:
[i]
If the continuous noise occurs for less than 5% of the time,
but more than 1% of the time during any one-hour period, then five
dbA may be added to the maximum permissible noise level set forth
herein; or
[ii]
If the continuous noise occurs for less than 1%
of the time during any one-hour period, then 10 dbA may be added to
the maximum permissible noise level set forth herein.
[c]
The following activities are exempt from the maximum
permissible noise levels contained herein, except in no case shall
the maximum allowable peak noise level at the property boundary given
in 25 Pa. Code § 77.564(f)(1) be exceeded nor the hourly average
noise level exceed 75 dbA with an allowed increase of five dbA for
1% to 5% during any one hour and an increase of 10 dbA allowed for
up to 1% of any one hour:
[d]
Noise levels shall be monitored by the use owner
or operator on a daily basis with the instrumentation identified above,
and reports thereon, certified as to their accuracy by the use owner
or operator, shall be furnished to the Township on a monthly basis,
and these reports shall indicate the results of the noise testing
which had taken place on the quarry property since the previous report
had been delivered to the Township. Reports required to be furnished
to DEP concerning noise levels for the uses permitted by this subsection
also shall be sent to the Township when the same are filed with DEP.
[17]
Air quality. Emissions from the use shall be no
more than 0.02 grain of particulate per dry standard cubic foot, with
the further conditions that visible air contaminants shall not be
emitted in such a manner that the opacity of the emissions is equal
to or greater than 15% for a period or periods aggregating more than
three minutes in any one hour or equal to or greater than 20% at any
time; and fugitive emissions shall not extend beyond the property
boundary line where any use permitted by this subsection is conducted.
[18]
Odor. No malodorous air contaminants, as defined
by DEP, from any use permitted by this subsection shall be detectable
beyond the property boundary line where the use is located.
[19]
Water quality.
[a]
The uses governed by this subsection shall not
affect surrounding ground and/or surface water quality with regard
to increasing the concentration in the water of total suspended solids,
total dissolved solids, total hardness, chemical oxygen demand, biological
oxygen demand, total or fecal coliform bacteria, ammonia, nitrate,
nitrite, total Kjeldahl nitrogen, salt (as NaCl), cyanide, iron, manganese,
radioactive element or compound, oil, grease, total petroleum hydrocarbons,
total organic halogens, total organic carbon, dioxins, PCBs, pesticides/herbicides,
phenols, phthalates, or any chemical element or chemical compound
listed by the United States Environmental Protection Agency as a "priority
pollutant." Prior to initiating any construction of a quarry/extraction
operation, the owner/operator of the use shall determine at its expense,
either through examination of well records or on-site measurements
as allowed by or at the convenience of the well owner or user, the
current well water quality, including concentration of parameters
listed above.
[b]
The uses governed by this subsection shall not
affect the quantity of groundwater available to private or public
water supply wells within the zone of influence of any pumping of
groundwater for any of the foregoing uses or within one mile outside
of the property boundary of the use, whichever is greater. The quantity
of groundwater available to a well shall be considered to be affected
if, due to the use, the static water level drops in the well one foot
or more, or the well is unable to provide 50% or less of its historic
flow rate of water. Prior to initiating any construction of a quarry/extraction
use, the owner/operator of the use shall determine, at its expense,
either through examination of well records or through on-site measurements
as allowed by and at the convenience of the well owner or user, the
normal water level and flow rate of each well within one mile of the
boundary line of the quarry/extraction use property. The owner/operator
of this use shall provide the record of these initial water levels
and flow rates to the Township and to the well owner or user.
[c]
The uses governed by this subsection shall not
affect the quantity of surface water available in any surface water
body within one mile from the property boundary line of the use. The
quantity of water available shall be considered to be affected if,
due to the use, the water level in a pond, lake, brook, stream or
river decreases one foot or more or if the water flow decreases 0.1
of a cubic foot per second (cfs) or more. Prior to initiating any
construction of a quarry/extraction use, the owner/operator of the
use shall determine, at its expense, either through examination of
existing records or through on-site measurements, the normal water
quantity, water level and water flow rate of each surface water body
within one mile of the property boundary of the use. The owner/operator
of the quarry/extraction use shall provide the record of these initial
water level and flow rates to the Township.
[d]
In order to establish a baseline of groundwater
conditions and to serve as an early warning of the impact of a quarry/extraction
use on groundwater quality and quantity, a series of monitoring wells
shall be installed around the periphery of the property, at locations
determined and approved by the Township, prior to initiating construction
of a quarry/extraction operation. At least one well shall be installed
every 500 linear feet. The monitoring wells shall be installed in
accordance with the practices prescribed by the United States Environmental
Protection Agency Environmental Monitoring Systems Laboratory. The
monitoring wells shall be installed so as to provide data on groundwater
quality and quantity from each underground aquifer which is likely
to be affected by the construction and operation of the quarry/extraction
use. The initial measurements of groundwater quality and quantity
shall be provided to the Township. The monitoring wells shall be tested
monthly as to water level and water quality parameters, and the results
thereof shall be provided to the Township. The report shall indicate
whether there has been any significant change in water level, which
shall be defined as greater than a one-foot drop, or water quality,
which shall be defined as an increase in any parameter of 25% or greater,
since the previous report or cumulatively during the previous reports.
The Township may, at its discretion, decrease the frequency of monitoring
to quarterly or less often for some or all of the wells and testing
parameters. The Township may, as the results of a significant change
in water quality or quantity, as noted in the reports or by an expert
consultant in hydrogeology hired by the Township, require increased
monitoring at the existing or additional wells to be constructed,
a change in quarry/extraction practices to avoid impact on water quality
or quantity in off-site wells or a cessation in quarry/extraction
operations until the quarry owner/operator can demonstrate to the
satisfaction of the Township's hydrogeological expert consultant that
continued operations, modified as appropriate, will not significantly
impact on water quality or quantity available to off-site wells.
[20]
Native raw materials. If quarry/extraction operation
use is lawfully combined with either or both ready-mix concrete plant
and asphalt plant uses, the primary or principal source of all raw
materials used for asphalt and ready-mix concrete plant operation
shall be mined from the property where such uses are located. "Primary"
or "principal" source shall be defined as 85% of the sand, gravel,
rock, or other solid raw materials used in the manufacturing of asphalt
or concrete. If the regulations of the Pennsylvania Department of
Transportation should be modified to allow greater than 15% recycled
materials to be used in asphalt or concrete, the above eighty-five-percent
limit for native materials may be reduced proportionally for the use
of imported materials in the manufacture of asphalt and concrete,
so long as such imported materials are recycled materials approved
by the Pennsylvania Department of Transportation for manufacture of
asphalt or concrete. No materials containing asbestos may be used
for recycling.
[21]
Off-street parking. All off-street parking spaces shall be provided in accordance with the requirements of this chapter and the standards set forth herein. Parking areas shall be constructed in accordance with the applicable standards of Chapter 163, Subdivision and Land Development. Parking areas shall be adequate to serve customers, employees, visitors, and vehicles normally parked on the premises. No parking shall be permitted within the buffer yard. A use governed by this subsection shall provide a parking area for at least one off-street parking space for every employee on the largest shift, one off-street parking space for each company vehicle normally parked on the premises (exclusive of quarry/extraction vehicles and earthmoving equipment, which shall be parked inside the berm) and six off-street visitor parking spaces.
[22]
Blasting schedule. A schedule of all blasting
to be performed within the property shall be sent by regular mail,
postage prepaid, to all property owners within 2,000 feet of the outside
perimeter of the property boundary line at least seven days prior
to blasting operations. Within 24 hours prior to blasting, the owner/operator
shall notify all such property owners by telephone of the time the
proposed blasting will commence. The owner/operator shall provide
the Township with the names, mailing addresses and local telephone
numbers of such property owners who are required to be notified by
this subsection.
[23]
Concrete pad. An asphalt plant and/or ready-mix
concrete plant shall be constructed upon a concrete pad of sufficient
design, strength, and consistency to ensure that no asphalt, concrete,
or the ingredients thereof or those used therein are deposited on
the ground, to provide for the structural integrity of the asphalt
plant or ready-mix concrete plant and otherwise to comply with all
other governmental regulations pertaining to the construction thereof.
[24]
Environmental impact.
[a]
At the time of application for conditional use
approval, subdivision, and land development approval, initial and
renewal of the zoning permit and at all other times requested by the
Township, the owner or operator of any use governed by this subsection
shall provide to the Township sufficient data to demonstrate that
the impact of the use will not and does not have an adverse effect
upon the health, safety and welfare of the community, including, without
limitation, sufficient evidence that the use will not impact adversely
upon groundwater quality and supply, ground vibration, noise, dust
dissemination, air or ground contamination by toxic or hazardous substances,
and the traffic infrastructure of the community. The minimum standards
of the foregoing shall be all state and federal laws and the rules
and regulations of all governmental bodies and regulatory agencies
having jurisdiction regarding the foregoing conditions, except where
the provisions of this subsection provide stricter standards, in which
case the provisions of this subsection shall apply. The Township shall
perform testing, at the expense of the owner/operator, of the use,
as and when the Township shall decide, in order to determine compliance
with the environmental performance standards set forth in this subsection.
Such testing shall be performed at such times, in a manner and by
methods directed and approved by the Township on a semiannual basis
or more frequently if it is determined by the Township that an adverse
impact to any of the environmental impact parameters set forth in
this subsection has occurred or appears to have occurred during the
operation of the uses governed by this subsection. The owner or operator
of the use shall undertake any measures required by the Township,
as a result of such testing, to bring the use into full compliance
with the environmental performance standards of this subsection as
soon as possible and practical.
[b]
An environmental impact assessment shall be conducted
by an applicant for any use governed by this subsection, and a statement
of the environmental impact of such a proposed use based on that assessment
shall be submitted to the Township in support of the application for
conditional use approval and land development or subdivision approval.
[c]
Required information. The environmental impact
statement shall include but not be limited to the following:
[i]
A summary, including a brief description of the
proposed use or facility and any potential impacts on public health
or the environment.
[ii]
The existing site conditions and the need for
the facility on that site.
[iii]
The proposed facility and its associated land
development, including buildings and all other structures, fencing,
buffering, paving and other site improvements.
[iv]
The proposed ownership, the type or design of
the facility and its location, setting on the site, construction methods,
landscaping, maintenance, and operation.
[v]
The potential adverse environmental impacts of
the proposed facility during site preparation, construction, and operation
phases, including the following parameters:
[A]
Air pollution, including volatile organic chemicals,
toxic metals, acid gases, dioxins/furans, dust, and fugitive emissions.
[B]
Surface groundwater pollution, including bacteria
(at least total and fecal coliform), viruses, biological oxygen demand,
total suspended particulates, toxic metals, nitrate, salt (as NaCl),
and EPA priority pollutants.
[C]
Stormwater runoff, soil erosion, and sedimentation.
[D]
Soil contamination, both on site and off site,
from EPA priority pollutants, pesticides, PCBs, dioxins, etc.
[E]
Water supply for the site and impacts on wells
of surrounding neighbors.
[F]
Residual waste storage and disposal, if any.
[G]
Traffic and traffic safety.
[H]
Noise.
[I]
Odors.
[J]
Potential for fire and explosion.
[K]
Impacts on local ecology, including terrestrial,
avian and aquatic species, with particular mention to any threatened
or endangered species or species of significant economic importance,
as defined by the Pennsylvania Fish and Game Commissions.
[L]
Impacts on public health.
[M]
The extent to which state and federal environmental
regulations will be satisfied, met or exceeded.
[vi]
Alternatives to the proposed facility to lessen
adverse impacts, including but not limited to the following:
[A]
Changed location.
[B]
Smaller (or larger) facilities.
[C]
Redesign, layout, or siting of buildings or structures,
or revised traffic or access patterns.
[D]
Variations in process throughputs or capacities.
[E]
Alternative methods for air pollution control,
water pollution control, water supply or solid waste handling and
disposal.
[F]
No facility.
[vii]
Discussion of the alternatives and the reasons
for selecting the proposed facility, its site location, and specific
design.
[viii]
Measures to mitigate unavoidable adverse environmental
impacts.
[ix]
Assessment of risks to the public health and the
environment from the proposed facility after implementing the mitigating
measures.
[x]
Proposed monitoring of key or critical environmental
and public health parameters to ensure that the actual environmental
and public health impacts are maintained at or below those estimated
in the environmental impact assessment.
[xi]
The role of the federal, state and local government
agencies in permitting the facility and reviewing its ongoing operations
for compliance with the conditions of the permit.
[A]
The Township may request additional information
regarding the proposed facility and its impacts if such information
is needed to evaluate fully the public health and environmental effects
and consequences.
[B]
The environmental impact statement shall be prepared
by qualified experts, including engineers, toxicologists, ecologists
and other experienced professionals, such as those pertaining to areas
of traffic, air and water quality, public health and other critical
parameters.
[d]
In order to be granted conditional use approval
and as a condition for land development or subdivision approval, an
applicant for any use governed by this subsection shall have the burden
of providing, by the preponderance of clear and convincing competent
proof and testimony from qualified expert consultants, that any use
governed by this subsection which is proposed for operation in the
Township will not have a significant adverse impact on the environmental
conditions set forth previously and that the proposed use will not
have a harmful impact on the public health, safety, and welfare of
the community. A finding by the Township that such an adverse or harmful
impact does or will exist shall be a basis for denial of an application
for any use governed by this subsection.
[25]
Reclamation/rehabilitation plan.
[a]
An application for a zoning permit, conditional
use approval and subdivision and land development approval for a quarry/extraction
operation shall contain a copy of the plan for reclamation as submitted
to and approved by the Pennsylvania Department of Environmental Protection.
"Reclamation" and "rehabilitation" shall have the same meaning herein.
Notwithstanding the foregoing, a copy of the reclamation plan proposed
for approval by DEP shall be filed with the Township when it is submitted
to DEP so that the Township may review and comment on it prior to
consideration thereof by DEP.
[b]
Along with the reclamation plan, a timetable for
the reclamation proposed for the site in general, with an actual timetable
for reclamation of slopes, shall be provided.
[c]
Where contouring or terracing, as defined under
the Act, is not proposed, plans for the reclamation or rehabilitation
uses shall include uses permitted by the Act (except solid waste disposal
area, development or use, which is hereby specifically prohibited)
so long as such use or uses otherwise are permitted under this chapter.
[d]
Reclamation or rehabilitation shall commence within
one year following the completion or the discontinuance for a period
of one year of the quarry/extraction operation or the completion of
the excavation of a portion of an entire operation which can feasibly
be restored, reclaimed or rehabilitated separately from other portions
of the quarry/extraction operation and which is not necessary to such
operation. Normal benching operations for sloping purposes shall not
be construed as requiring the commencement of rehabilitation. Such
rehabilitation or reclamation shall be completed within five years
from the date the same is commenced except where a longer period of
time is specifically authorized as part of the rehabilitation program
approved by the Pennsylvania Department of Environmental Protection
and the Township.
[e]
Rehabilitation shall include removal of all debris,
structures, equipment, stockpiles and spoilpiles.
[f]
A layer of arable soil of sufficient depth to sustain
grass, shrubs and trees shall be provided over the entire site. Grass,
shrubs and trees native to the area shall be planted thereon not later
than six months after the providing of arable soil.
[g]
Where the quarry/extraction operations area is
to be filled as part of the rehabilitation process, no material shall
be used for fill purposes other than earth, stone, sand, or concrete.
[h]
Water accumulation upon the site may be retained
after the completion of such rehabilitation where the excavation cannot
reasonably be drained by gravity flow, provided that adequate provision
shall be made to avoid stagnation, pollution, and the danger of improperly
controlled release of such waters from the site and adequate safety
measures are applied to the water accumulation area to protect the
general public.
[i]
The rehabilitation plans must comply with the provisions
of this subsection and other applicable regulations as a prerequisite
for conditional use, zoning permit, subdivision and land development
approval granted by the Township. Upon receipt of the rehabilitation
plan, the Township shall review the same and determine its compliance
with all provisions of this subsection and other regulations, and
the applicant shall make any changes therein which the Township may
require to ensure compliance with the provisions of this subsection
and the rules and regulations of and the plan approved by the Pennsylvania
Department of Environmental Protection. Upon such compliances, the
approved reclamation plan shall be filed permanently in the official
records of the Township.
[j]
Reclamation plans may be amended from time to time,
by approval of the Township upon proper application, so long as such
amendments also are approved by the Pennsylvania Department of Environmental
Protection.
[k]
Before any permit, conditional use approval, land
development, or subdivision approval is granted for a quarry/extraction
use, financial security shall be provided in an amount determined
by the Township based on the total estimated cost to the Township
of completing the approved reclamation plan and in a form governed
by the regulations of the Department of Environmental Protection regarding
the nature and alternatives of financial security. The financial security
shall be sufficient to ensure the rehabilitation of the affected quarry
site in accordance with the standards for the issuance of any original
permit or annual renewal permit and in accordance with the provisions
of the plan of rehabilitation as submitted or amended pursuant to
this subsection. The financial security posted with any state agency
shall not be withdrawn or reclaimed without written approval by the
Township. The financial security required to be provided to the Township
by this subsection shall be in addition to the bonding requirements
under the Act, and the financial security required under this subsection
shall continue for the duration of quarry/extraction activities and
its reclamation and for a period of five years after the completion
of such activities. The owner or operator of a quarry shall deposit
such additional financial security as the Township may direct if the
Township determines that the existing financial security does not
meet the requirements of this subsection for any reason, including,
without limitation, changes in quarry operations, reclamation changes
or changes in the cost of reclamation, restoration or abatement work.
[l]
Ultimate use and ownership of the site after the
completion of the quarry/extraction operation and reclamation shall
be disclosed when the reclamation plan is submitted for approval by
the Township, and the ultimate use of the reclaimed quarry site shall
comply with the provisions of this chapter.
[26]
Historical sites. Historical sites or districts
within the Township, including, without limitation, those identified
by the Bucks County Conservancy in its Significant Natural Areas Preservation
Program or those identified by the Warwick Township Historical Commission,
shall not be disturbed by the uses herein regulated or by its owner
or operator, who shall demonstrate evidence of the same on all applications
and plans required to be submitted to the Township and at all times
during the use operation.
[27]
Notices, permits, reports, and hearings. Whenever
the owner or operator of the use is required under the Act to give
public notice of any application for a permit or bond or financial
security release, or whenever any public hearing relating to the use
is scheduled or authorized or permitted to be scheduled pursuant to
the Act or any other law or regulation, the owner or operator of the
use shall notify the Township, in care of the Board of Supervisors,
by certified mail, return receipt requested, postage prepaid, of the
exact nature of such application, the time, date and location of the
hearing and shall provide the Township with a copy of the application
and all applicable notices or communications issued by any regulatory
agency or governmental body having jurisdiction thereover and/or scheduling
or conducting the hearing. All reports or other documents required
by state law or regulation to be filed with any state agency, including
the Department of Environmental Protection, pertaining to a use governed
by this subsection shall be filed with the Township simultaneously
with the state filing.
[28]
Insurance. The owner or operator of the uses governed
by this subsection shall provide and maintain public liability and
property damage insurance and such other coverage as may be required
by the Township during the conduct of the uses governed by this subsection.
The nature and amounts of such insurance coverage shall be determined
by the Township at the time conditional use approval is granted in
accordance with the resolution governing the same adopted by the Board
of Supervisors. Insurance policy limits shall be no less than, but
may exceed, the limits required by the Township for land developments.
Such insurance shall be issued by an insurance company authorized
to transact business in Pennsylvania and having at least an A-rating
by the current edition of Best's Review. At all times requested by
the Township, evidence of such insurance coverage shall be presented
to the Township for review and approval by the Township, and evidence
that the insurance policy(ies) required by this subsection have been
properly issued shall be a condition of any permit or approval granted
for a use governed hereunder.
[29]
Technology. All uses governed hereunder shall
employ the best available technology, not only in their operations
but also for all required testing and environmental protection, including,
without limitation, prevention of air, water and noise pollution.
[30]
Annual renewal permit.
[a]
An applicant for a use governed by this subsection
shall apply for and obtain an annual renewal permit during each year
of its operation in order to be in compliance with this subsection.
[b]
The properly completed application for a renewal
permit must be received by the Township along with the appropriate
fee and required supporting plans and other materials and data required
not less than 60 days prior to the expiration of the then-current
Township permit.
[c]
The application shall include updated plans and
other materials and data showing any change from the information required
for the issuance of an original permit, or if there is no change,
the application shall so indicate.
[d]
The annual renewal permit shall be issued only
if the Township is satisfied that the applicant has complied with
all of the requirements for an originally issued permit, and provided
that the provisions of this subsection have been and will be satisfied.
[e]
The annual renewal permit application may be referred
by the Board of Supervisors for review by any Township officials or
agencies or professional consultants or contractors to receive its
recommendations on compliance with the provisions of this subsection.
[31]
Application and permit fees. Applicants for a
zoning permit, annual renewal permit, conditional use, subdivision,
and land development approval for the uses governed by this subsection
shall pay a fee to the Township, established by the Fee Schedule Resolution
which may be adopted and amended, from time to time, by the Township.
[32]
Inspections. To ensure that the provisions of
this subsection are strictly satisfied and enforced, the Township
and its duly authorized representatives shall have the right to inspect
the uses governed by this subsection. Such inspection or inspections
as the Township shall deem necessary may be conducted on any working
day of the year, during regular business hours and may be performed
by the persons duly authorized by the Township, without any prior
notice to the owner or operator of the use.
[33]
Hours of operation. Except for clerical or office
work, no use governed by this subsection shall operate or be conducted
before the hour of 7:00 a.m. and after the hour of 5:00 p.m., Monday
through Friday, and on Saturday before the hour of 8:00 a.m. and after
the hour of 12:00 noon or anytime on Sunday, Christmas Day, New Year's
Day, Memorial Day, July fourth, Labor Day or Thanksgiving Day. However,
no stone-crushing operation shall be conducted any time on Saturday.
All time designations shall be in prevailing time for Warwick Township.
[34]
Machinery and equipment. A schedule of the quantity
and types of machinery and equipment which will be employed in the
uses governed by this subsection shall be provided with the application
for conditional use, subdivision/land development and zoning permit
approvals, and the noise levels of each shall be disclosed.
[35]
Safety and complaints. All safety measures to
be employed and a plan to be utilized to monitor and to respond to
complaints shall be provided with the application for conditional
use, subdivision/land development and zoning permit approvals, and
the same shall be approved by the Township as to their effectiveness,
workability and coordination with appropriate Township personnel,
such as emergency services, fire marshal, police, and code enforcement
personnel.
[36]
Height limitations. No machinery, equipment, buildings,
or structures used in a quarry/extraction operation and no extracted
material from the quarry/extraction property shall exceed 35 feet
in height above the ground level previously existing prior to the
use, and none of the foregoing shall be visible from any location
outside of the property boundary.
[37]
All extraction uses shall comply with Title 25, Chapter 77, of the Pennsylvania Department of Environmental Protection Code. No machinery, equipment, buildings or structures used in a ready-mix concrete or asphalt plant operation shall exceed 35 feet in height above the ground level previously existing prior to the use.
(13)
H13 Industrial Park.
(a)
Purpose. The following regulations are intended to permit greater
flexibility in design, size of layout and construction in industrial
development so as to encourage retention and preservation of woodlands,
steep slopes and other open space land for aesthetic and scenic beauty,
passive recreation and preservation of the ecological systems of the
Township.
(b)
Applicability.
[1]
The Board of Supervisors may request of a developer cluster
development for any tract of land located in an LI Limited Industrial
District.
[2]
A landowner may, at his option, develop any tract of land located
in an LI Limited Industrial District as a cluster development, in
accordance with the terms of this chapter.
[3]
The owner or owners of any tract of land comprising an area of not less than 25 contiguous acres and located in an LI Limited Industrial District may submit to the Board of Supervisors a plan for the use and development of the entire tract in accordance with the regulations of this chapter. The submission must include a tentative sketch plan which complies with Chapter 163, Subdivision and Land Development, of Warwick Township. The Board of Supervisors shall submit each such request to the Township Planning Commission at least 30 days prior to the Board of Supervisors' consideration of the submission to provide the Township Planning Commission an opportunity to submit its recommendations to the Board of Supervisors, which recommendations shall be accompanied by a report stating specific evidence and facts indicating that the required development meets the requirements of this chapter and that the properties adjacent to the tract to be developed will not be adversely affected.
(c)
Development standards.
[1]
Use regulations.
[a]
Any use permitted in the Limited Industrial District as specified in Article XVIII of the this chapter, as amended, shall be permitted.
[b]
Commercial recreation facilities, such as swimming
pools and tennis courts but not including amusement parks with rides,
shall be permitted.
[c]
Public storage facilities shall be permitted.
[2]
Area and dimensional requirements for individual lots in an
H13 Industrial Park.
[a]
The development of lots in a clustered industrial
development shall meet the following conditions:
[i]
No individual lot may have an area less than one
acre and a width not less than 145 feet at the building line.
[ii]
Building area.
[A]
The first-floor area of primary and accessory buildings
shall not exceed 50% of each lot area, and the total floor area of
primary and accessory buildings and/or structures, excluding basement
area, shall not exceed 60% of each lot area regardless of building
height.
[B]
No more than 80% of the lot area shall be covered
by impervious surfaces.
[iii]
Building placement. No building or structure
shall be located less than 500 feet from an existing residential use
or residential district nor less than 75 feet from an existing street
right-of-way line, unless the lot was in existence prior to 2017.
Within the industrial park development, no building or structure shall
be located less than 40 feet from any internal road or less than 25
feet from one side or rear property line. For flex space use H16,
the use of party walls and zero lot lines is permitted only within
a building that complies with all other setbacks set forth in this
Subsection H(13)(c)[2][a][iii]. No parking, loading, or service areas
shall be located in front of any building but shall be permitted on
side and rear yard areas.
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
[iv]
Buffer yards. Along any existing residential use or residential district boundary line, a buffer yard shall be provided which shall be not less than 200 feet in width, measured from the street line (where such street constitutes the boundary line). Thirty-five feet of this two-hundred-foot buffer must be landscaped with suitable trees, shrubs, and grass in the nature of a buffer zone as required by § 195-63 of this chapter. Such buffer yards may be conterminous with any required yard, and, in case of conflict, the larger yard requirements shall apply. No parking shall be permitted within 100 feet of any existing residential use or residential district boundary line.
[v]
Height regulations. No building or structure shall
exceed 35 feet in height, or three stories, whichever is less.
[vi]
Parking requirements for individual uses within
an industrial park shall be as required by the use regulations of
this chapter.
[A]
In the absence of specific parking regulations
for the individual industrial uses: one off-street parking space for
every 300 square feet of gross floor area, whichever is greater, but
the property owner shall have the right to reduce the number of parking
spaces, subject to provision being made for future expansion to the
above requirements if said parking should become necessary due to
occupancy.
[3]
Open space. A minimum of 20% of the base site area shall be
reserved as common open space. In addition, at least 5% of the gross
site area shall be devoted to civic or recreational use in the form
of a park, plaza, memorial garden, sculpture garden, or like amenity
which shall be located in a center area of the H13 Industrial Park
use.
(d)
Special regulations.
[1]
A tentative plan shall be submitted to and approved by the Board
of Supervisors showing the layout of the proposed development and
shall include the following:
[a]
The scale shall be one inch equals 100 feet, with
five-foot contour intervals and other topographical features.
[b]
The tentative location, plan, dimensions, elevation
and height of a typical building and other structures and the approximate
total gross floor area to be constructed.
[c]
The tentative location, dimensions and arrangement
of all open spaces, typical yards, typical accessways, typical entrances,
typical exits, typical off-street parking facilities, typical loading
and unloading facilities, and the location and width of roads and
streets and sidewalks, if required.
[d]
The capacity of typical areas to be used for automobile
access, parking, loading, and unloading.
[e]
The typical location, dimensions, and arrangement
of all areas devoted to planting, lawns, trees, or similar purposes.
[f]
The provisions proposed for temporary and permanent
location of sewage disposal, water supply, stormwater drainage, and
other utilities, all meeting Department of Environmental Protection
(DEP) regulations.
[g]
Sufficient data in all instances to enable the
Board of Supervisors to judge the effectiveness of the design and
the character of the proposed development and to consider properly
such things as its relationship to surrounding areas, anticipated
traffic, public health, safety, and welfare.
[2]
The plan submitted may not necessarily show a series of individual
lots, but rather large sectioned parcels within the overall development
plan that are to be further subdivided and subsequently submitted
for approval by the Township as each industrial building is constructed.
[3]
If, within 36 months of the approval, construction is not undertaken
by or for the applicant, said approved plan may be declared null and
void.
(14)
H14 Resource Recovery Facility. A facility or land that is used
for any one or a combination of the following: composting, incineration,
material separation, or recycling.
(a)
Related definitions.
[1]
Composting facility: a facility for the composting of the organic
matter in municipal solid waste.
[2]
Incinerator: a facility designed to reduce municipal solid waste
by combustion. This use may or may not include heat exchange equipment
for energy recovery.
[3]
Material separation and/or refuse-derived fuel (RFD) facility:
the extraction of materials from municipal solid waste for recycling
or for use as refuse-derived fuel (RFD).
[4]
Municipal solid waste: the unseparated and/or unprocessed combination
of residential and commercial solid waste materials generated in a
municipality.
[5]
Recycling facility: a business that accumulates material such
as paper, glass, aluminum, and/or plastic that is no longer useful
for its intended purpose. The materials are then sold to another business
as a raw material which can be used to manufacture a new product.
(b)
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 resource recovery 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.
Such barricade shall be a least six feet high and shall be kept in
good repair and neatly painted in a uniform color.
(c)
Disposal of hazardous waste, as defined by the state and federal
Departments of Environmental Protection, brush or trees larger than
five inches in diameter, boulders, stumps, sewage, dead animals, explosive
materials, ashes, or junk cars shall not be processed or handled in
a resource recovery facility.
[1]
Household trash mixed with materials this chapter requires to
be recycled shall be refused.
(d)
Minimum lot area: 20 acres.
(e)
Any such use shall be a minimum of 200 feet from any public
road as measured from the ultimate right-of-way of the road and 200
feet from any property line. Additionally, an incinerator shall be
a minimum of 300 feet from any residential zoning district or occupied
residential dwelling unit.
(f)
Parking areas shall be a minimum of 100 feet from any property
line.
(g)
Operation of a resource recovery 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 (PADEP) and the provisions of this chapter as well as Chapter 95. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
(h)
Unloading of municipal solid waste shall be continuously supervised
by a facility operator.
(i)
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 municipality. To control blowing paper, there shall
be erected a fence having a minimum height of six feet, with openings
not more than three inches by three inches along all boundaries. The
entire area shall be kept clean and orderly.
(j)
All parts of the process (unloading, handling and storage of
municipal solid waste) shall occur within a building. However, certain
separated recyclable materials like glass, aluminum, and other metals
may be stored outdoors.
(k)
The storage of paper shall be within a building.
(l)
Any materials stored outdoors shall be properly screened so
as not to be visible from any adjacent streets or property.
(m)
No material shall be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
(n)
No municipal solid waste shall be processed or stored at a recycling
facility. For all other types of resource recovery facilities, municipal
solid waste shall not be stored on the site for more than 72 hours.
(o)
A contingency plan for disposal of municipal solid waste during
a plant shutdown must be submitted to the municipality and approved
by the governing body.
(p)
Leachate from the municipal solid waste and water used to wash
vehicles or any part of the operation shall be disposed of in a manner
in compliance with PADEP 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 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.
(q)
Waste from the resource recovery 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 PADEP or in another manner approved by PADEP.
(r)
A buffer area of at least 50 feet shall be provided around the site. Within the buffer area, a dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be six feet in height and planted on nine-foot staggered centers. In addition, the buffer requirements of § 195-63 of this chapter shall be met.
(s)
Solid waste landfill operations and open burning of any material
shall specifically be prohibited.
(t)
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of Article XIX of this chapter shall be met.
(u)
A traffic impact study and water impact study shall be in accordance
with specifications by the Township's consulting engineers.
(v)
A zoning permit shall be obtained on an annual basis.
(15)
H15 Solid Waste Landfill. A land site on which municipal solid
waste is disposed. A solid waste landfill shall utilize the best current
engineering principles to bury deposits of solid waste without creating
public health or safety hazards, nuisances, pollution or environmental
degradation.
(a)
Minimum lot area: 50 acres.
(b)
The solid waste landfill operation shall be set back from any
property line or street right-of-way line at least 300 feet.
(c)
Direct access to York Road (SR 263) shall be required for the
operation of a solid waste landfill.
(d)
A traffic impact study shall be required.
(e)
Operation of any solid 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 solid waste landfill.
(f)
Suitable measures shall be taken to prevent fires by means and
devices mutually agreeable to the Department of Environmental Protection
and the Township.
(g)
A solid 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.
(h)
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 solid waste landfill shall be protected
by locked barricades, fences, gates, or other positive means designated
to deny access to the area at unauthorized times or locations.
(i)
Unloading of waste shall be continuously supervised.
(j)
Measures shall be provided to control dust. To control blowing
paper, there shall be erected a fence having a minimum height of six
feet, with openings not more than three inches by three inches along
any boundary over which such a nuisance may be spread. The entire
area shall be kept clean and orderly. Cracks in, depressions in or
erosion of cover shall be repaired daily.
(k)
Hazardous materials, including but not limited to highly flammable
materials, explosives, pathological wastes, radioactive materials,
liquids, and sewage, shall not be disposed of in a solid waste landfill.
(l)
The disposal of sewage liquids, solids, and other liquids shall
be specifically prohibited in a solid waste landfill.
(m)
Litter control shall be exercised to confine blowing litter
to the work area and a working plan of cleanup of litter shall be
accomplished.
(n)
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.
(o)
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 Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code, and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water.
(q)
A one-hundred-foot buffer with dense evergreen screening and
fencing shall be constructed around the entire perimeter of the site,
except for the area of the entrance drive which shall be landscaped
to the satisfaction of the Township.
(r)
A zoning permit shall be obtained on an annual basis.
(s)
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 solid 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 solid waste
landfill. A bond shall be posted to ensure that all corrective work
is completed.
(16)
H16 Flex Space.
(a)
Building space designated for use as either office, light manufacturing,
assembly, warehousing, repair shop or indoor athletic club. Each flex
space area shall have no less than 5% of the area devoted to an office
use. No outside storage nor retail sales are permitted.
[Amended 6-18-2018 by Ord. No. 2018-1; 10-18-2021 by Ord. No. 2021-02]
(c)
Parking. If office space is less than 1/2 the square footage
of the facility, there shall be one space for every 300 square feet
of total floor area, plus one space for each company vehicle normally
stored on the premises. If office space is more than 1/2 the square
footage of the facility, there shall be one space for every 250 square
feet of total floor area, plus one space for each company vehicle
normally stored on the premises.
(d)
The area and dimensional criteria for this use shall be as required by the underlying zoning district, except when an H16 use is proposed in an H13 Industrial Park. If an H16 use is proposed within an H13 Industrial Park, the area and dimensional criteria of the H13 use shall govern. Parking requirements for the H16 use shall be as stated in Subsection H(16)(c), above, regardless of the zoning district or industrial park requirements.
(17)
H17 Trash Transfer Station. A facility where municipal solid
waste is delivered for the purpose of separating, compacting, or in
some other way preparing the material for transport in larger vehicles
to a final disposal site or processing facility. (A transfer station
may include the separation and collection of material for the purpose
for recycling.)
(a)
(b)
Minimum lot area: 20 acres.
(c)
Any such use shall be a minimum of 200 feet from any public
road as measured from the ultimate right-of-way of the road and 200
feet from any property line. Additionally, a transfer station shall
be a minimum of 300 feet from any residential zoning district or occupied
residential dwelling unit.
(d)
Parking areas shall be a minimum of 100 feet from any property
line.
(e)
Operation of a trash transfer station 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 (PADEP), provisions of Chapter 95 of the Township Code, 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 PADEP, the more restrictive PADEP regulations shall supersede and control.
(f)
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 trash transfer station shall be protected
by locked barricades, fences, gates, or other positive means designed
to deny access to the area at unauthorized times or locations. Such
barricade shall be a least six feet high and shall be kept in good
repair and neatly painted in a uniform color.
(g)
Unloading of municipal solid waste shall be continuously supervised
by a facility operator.
(h)
Disposal of hazardous waste, as defined by the state and federal
Departments of Environmental Protection, brush or trees larger than
five inches in diameter, boulders, stumps, sewage, dead animals, explosive
materials, ashes, or junk cars shall not be processed or handled in
a trash transfer station.
[1]
Household trash mixed with materials this chapter requires to
be recycled shall be refused.
(i)
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 municipality. To control blowing paper, there shall
be erected a fence having a minimum height of six feet, with openings
not more than three inches by three inches along all boundaries. The
entire area shall be kept clean and orderly.
(j)
All parts of the process (unloading, handling and storage of
municipal solid waste) shall occur within a building. However, certain
separated recyclable materials like glass, aluminum, and other metals
may be stored outdoors for a period not to exceed 72 hours.
(k)
The storage of paper shall be within a building.
(l)
Any materials stored outdoors shall be properly screened so
as not to be visible from any adjacent streets or property.
(m)
No material shall be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
(n)
No municipal solid waste shall be processed at a trash transfer
station or stored on the site for more than 72 hours.
(o)
A contingency plan for disposal of municipal solid waste during
a plant shutdown must be submitted to the municipality and approved
by the governing body.
(p)
Leachate from the municipal solid waste and water used to wash
vehicles or any part of the operation shall be disposed of in a manner
in compliance with PADEP 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 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.
(q)
Waste from the trash transfer station 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 PADEP or in another manner approved by PADEP.
(r)
A buffer area of at least 50 feet shall be provided around the site. Within the buffer area, a dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be six feet in height and planted on nine-foot staggered centers. In addition, the buffer requirements of § 195-63 of this chapter shall be met.
(s)
Solid waste landfill operations and open burning of any material
shall specifically be prohibited.
(t)
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of Article XIX of this chapter shall be met.
(u)
A traffic impact study and water impact study shall be in accordance
with specifications by the Township's consulting engineers.
(v)
A zoning permit shall be obtained on an annual basis.
(18)
H18 Recovery of Subsurface Gas and Oil Deposits. Activities
limited to the recovery and removal of subsurface gas and oil deposits
through direct on-site drilling as defined and set forth in the Pennsylvania
Oil and Gas Act (58 P.S. § 601.101 et seq.). This use does
not include the recovery and removal of any other subsurface minerals
such as coal, gravel, sand, clay, topsoil, stone or any other mineral
other than oil and gas, such use being covered by Use H12 Extractive
Operations.
(a)
Minimum lot area: 12 acres.
(b)
All drilling and production operations including derricks, retaining
pits, vacuum pumps, storage tanks, vehicle parking, structures, machinery
and ancillary equipment shall be located at least 600 feet from any
building containing a residential dwelling; or from any structure
used for public assembly, including schools and churches; or from
any nonresidential structure, where the owners of such structures
are not a party to the oil and gas instrument.
(c)
All aspects of the recovery of subsurface gas and oil deposits,
including without limitation all drilling, production operations,
buildings, pipelines, etc., shall be located at least 100 feet from
the ultimate public right-of-way of any public or private street,
and 100 feet from any property line. Pipelines shall be permitted
to traverse the required setback only where absolutely necessary to
transport extracted product off site.
(d)
Offensive or noxious odors, noises, fluids, gases, dust or glare
shall be confined to the subject parcel or leasehold premises and
shall not impact any occupied structure or dwellings.
(e)
Junk, refuse, trash or abandoned material shall not be disposed
of on site. All refuse stored on site for final off-site disposal
shall be indoors, in a dumpster or other permitted enclosure.
(f)
Any hazardous or toxic material shall be securely contained,
stored and removed in accordance with applicable state or federal
regulations. On-site disposal is prohibited.
(g)
All operations shall be in accordance with all applicable federal
laws and regulations; the Pennsylvania Oil and Gas Act (58 P.S. § 601.101
et seq.), as amended, and pursuant to all rules, regulations and procedures
adopted thereto.
(h)
The owner(s) and operator(s) shall be responsible for prevention
and prompt removal of spills involving waste materials, oil and toxic
or hazardous materials.
(i)
A copy of a valid insurance policy, issued by a corporate insurer
licensed in the Commonwealth of Pennsylvania, shall be provided to
Warwick Township. Such insurance shall be of sufficient amount to:
[1]
Provide for payment for all damages or injury to persons or
property resulting from the drilling, operation or maintenance of
the proposed well and other structures, machinery, appurtenances used
in conjunction with it;
[2]
Provide for payment to control and/or eliminate any hazardous
or dangerous event or condition, including a blowout; and provide
for payment for injury or damages to persons, equipment or agencies
responding to same event or condition; and
[3]
Contain no exclusion from coverage of contamination or pollution
of surface or subterranean streams, watercourses, lakes, wetlands
or public or private water supplies.
(j)
The drilling site, production site, access roads/driveways and
all structures shall be located, designed and constructed to minimize
the removal of trees and shrubs, protect all natural resources, and
minimize the amount of surface disturbance. The natural resources
protection and setback provisions of this chapter shall be met.
(k)
Excavation, structures, and/or equipment in sensitive areas
such as ridges, hilltops, scenic or other areas of special visual
quality shall be avoided.
(l)
The location and design of structures and site improvements
shall be integrated with the natural color, form and texture of the
surrounding area.
(n)
Glare from site lighting or gas flaring shall not impact on
nearby residences, excepting those whose owners are a party to the
oil/gas instrument.
(o)
Operators shall conform to all current Warwick Township, Pennsylvania
and federal regulations and standards concerning air quality, water
quality, and noise.
(p)
No habitat disturbance is to occur where threatened or endangered
species or critical habitats exist, as defined by the Pennsylvania
Department of Conservation and Natural Resources. A Pennsylvania Natural
Heritage Program study shall be completed and provided to Warwick
Township.
(q)
All activity in an archaeologic or historic resource area, as
identified in the Warwick Township Zoning Ordinance, Warwick Township
Comprehensive Plan, Bucks County Comprehensive Plan, or by the Pennsylvania
Department of Conservation and Natural Resources (DCNR) or by the
Pennsylvania Historical and Museum Commission (PHMC), shall provide
for the preservation of the resource or provide for the completion
of necessary study and work as specified by the DCNR and/or PHMC before
any aspect of use begins. Should a resource be uncovered during operations,
those operations shall be suspended pending recommendation of DCNR
and/or PHMC, as applicable.
(r)
For areas of potential wildfire hazard, fire line intensities
shall be abated to less than 100 Btu/foot/second through fuel breaks
or other equally effective means around structures or areas of activity.
Required practices for grass/shrub lands include the following:
(s)
Drilling or production operations shall not cause the acceleration
of geologic processes such as erosion, sedimentation or gravitational
movement of earth and/or rock material to the point that such processes
become a hazard or nuisance to life or property.
(t)
Activities or structures proposed within an identified floodplain
area shall independently meet the requirements of the Warwick Township
Floodplain Ordinance[21] and shall be carried out in a manner that does not increase
flood hazards upstream or downstream, nor that reduces the efficiency
with which floodwaters are carried through the site.
[Amended 3-16-2015 by Ord. No. 2015-5]
(u)
Use of streets serving exclusively residential neighborhoods
is prohibited.
(v)
All weather access roads, suitable to handle emergency equipment,
shall be provided to within 50 feet of any structure, improvement
or activity area.
(w)
Reclamation shall be carried out on all disturbed areas and
achieve the following objectives:
(x)
Final landforms shall be stable.
(y)
Disturbance of soil cover shall be minimized.
(z)
An abandoned site shall be securely and safely maintained until
reclamation has been completed and revegetation permanently established.
(aa)
Reclamation shall be initiated as soon as weather and growing
conditions permit after the abandonment of the well or installation
of production equipment and shall be completed no more than one year
later.
(bb)
All watercourses and wetlands shall be preserved in a natural
undisturbed state. The gas and oil well casing and tank structures
normally used in drilling and recovery operations shall be a minimum
of 100 feet from the edge of any watercourse or wetland. A wetland
report, certified by a soil scientist or wetland specialist, shall
be provided.
(cc)
Roads or other improvements obstructing drainage shall provide
for culverts sized for storm flows as determined by the Township Engineer.
(dd)
Any application for a zoning permit or land development shall
be accompanied by plans and other information to satisfy the criteria
set forth above and in addition shall depict:
[1]
Name and address of the assessed owner of the surface
rights, owner of the oil and gas rights, the oil and gas lessee, if
any, and of the driller.
[2]
Plan of the general area within a one-mile radius
of the site at a scale of 500 feet or less to the inch with a twenty-foot-or-less
contour interval to show:
[3]
Plan of proposed site at the scale of 100 feet
or less to the inch with a ten-foot-or-less contour interval to show:
[a]
Soils and geology: groundwater data, watercourses
and wetlands.
[b]
Vegetation: existing and areas of vegetation to
be removed, with species and vegetation types shown.
[c]
Wind data: directions and percentage of time.
[d]
Proposed route of ingress, egress and regress to
the proposed operations site.
[e]
Proposed location of all drilling and production
facilities on the site, including but not limited to derricks, retaining
pits, dikes, vacuum pumps, storage tanks, pipelines, compressors,
separators, storage sheds, vehicle parking, structures, machinery
and ancillary equipment, access roads.
[f]
Type of derrick, if any, to be used, including
the height.
[g]
Copies of all permits and applications for permit
obtained pursuant to the Oil and Gas Conservation Law of the Commonwealth
of Pennsylvania, 58 P.S. § 401 et seq., and/or the Oil and
Gas Act of the Commonwealth of Pennsylvania, 58 P.S. § 601.101
et seq., if applicable.
(ee)
Any application for a zoning permit shall be initially referred
to the Planning Commission for review and to the Township Engineer
for review prior to final action by the Board of Supervisors. When
considering the application for a zoning permit or land development
approval, the Board of Supervisors shall take into account the following:
(ff)
No permit for any recovery of subsurface gas and oil deposits
shall be issued until the applicant has first demonstrated to the
Township that it has obtained all other permits and approvals required
from any other regulatory agencies to conduct the recovery of subsurface
gas and oil deposits.
(gg)
Minimum parking requirement. All off-street parking spaces shall
be provided as the Township Board of Supervisors and Planning Commission
shall determine is adequate to serve customers, employees, visitors
and vehicles normally parked on the premises.
I.
General accessory uses and structures.
(1)
I1 Nonresidential Accessory Building. Accessory building, or structure,
or uses customarily incidental to the uses permitted within the zoning
district, except outside storage. For any use accessory to a use permitted
only as a special exception or conditional use, the accessory use
shall only be provided as a special exception or conditional use.
(a)
Nonresidential accessory buildings shall meet the minimum setbacks
for the principal nonresidential use.
(b)
School bus shelter. A structure for the use of person waiting
for a bus.
[1]
Maximum floor area: 63 square feet.
[2]
Such structures shall be located at least 12 feet from any street
line or lot line.
[3]
Two parallel signs, no more than six square feet each, may be
erected. These signs may advertise goods, services, businesses or
organizations not located on the property.
(c)
Greenhouse.
[1]
Maximum floor area: 250 square feet.
[2]
No retail or wholesale sales shall be permitted.
[3]
The greenhouse shall not be permitted in the front yard. The
greenhouse will be permitted within the side and rear yards and shall
not be located closer to the street than the front of the primary
structure.
[4]
The structure shall be located a minimum of 12 feet from any
property line.
(d)
Parking. Parking shall conform to the requirements of the most
closely related use.
(2)
I2 Outside Storage or Display. Outside storage and display shall
include any products, merchandise, materials, equipment, vehicular
advertisement or marketing advertisement which is not enclosed by
a roof with four opaque walls.
[Amended 6-18-2018 by Ord. No. 2018-1]
(a)
Outside storage or display, other than storage as a primary
use of the land, necessary but incidental to the normal operation
of a primary use.
[1]
No part of the street right-of-way, sidewalks, or other areas
intended or designed for pedestrian use, required parking areas and
portions of the required front yard shall be occupied by outside storage
or display except in the C1 or C2 Zoning Districts where outside display
shall not extend more than five feet beyond the front of the building.
[2]
Outside storage and display areas shall occupy an area of less
than 1/2 the existing building coverage.
[3]
Outside storage areas shall be shielded from view from all public
streets by use of both a fence and a vegetative buffer.
(b)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of Subsection I(2)(a)[1] and [2] above when granted as a special exception by the Zoning Hearing Board.
[1]
No more than 25% of the lot area shall be used in outdoor storage
or display.
[2]
In particular, uses appropriate under this provision include,
but are not limited to, nurseries (Use A6), lumber yards (Use H8),
automobiles sales (Use G23), truck terminals (Use H6), and agricultural
retail (Use A3).
[3]
Among the uses that shall not be appropriate for inclusion under
this provision are retail store (Use G3), repair shop (Use G12), service
station or car-washing facility (Use G22), automobile repair (Use
G24), sale of automobile accessories (Use G25), miniwarehouse (Use
G28), wholesale business and storage (Use H3), contractor office and
shops (Use H5), and crafts (Use H7).
(3)
I3 Temporary Use or Structure.
(a)
Definition. Temporary structure, building or use, including
portable temporary storage containers. A temporary permit may be issued
for structures or uses necessary during construction, or other special
circumstances of a nonrecurring nature.
(b)
Regulations.
[1]
The time period of the initial permit shall be three months.
The permit may be renewed for one additional three-month time period,
provided that the applicant must file an application for a zoning
permit under this chapter to extend the initial permit beyond the
initial three-month term. The Zoning Officer may deny the application
for an extension to the initial three-month period if he or she determines
that the extension will have an adverse impact on the surrounding
neighborhood. In determining the impact on the neighborhood, the Zoning
Officer may contact adjacent property owners.
[2]
Such structure or use shall be removed completely within 30
days of the expiration of the permit or renewal permit without cost
to the Township.
[3]
Upon application and approval of a renewal permit for more than
six months, the applicant shall provide a $1,000 cash escrow account
with the Township to guarantee the removal of the temporary use. The
foregoing cash deposit shall be held by the Township until the use
is removed by the applicant. If the use is not removed at the end
of the renewal period, the cash escrow deposit shall be forfeited
to the Township in order to enforce the terms of the temporary use
permit.
[4]
No residential parcel under this subsection may be issued more
than one permit for the placement of any temporary structure, building
or use on the property during any twelve-month period.
[5]
If the use is a temporary storage container, an outdoor container
commonly referred to as a "POD," or a similar-type container, such
uses shall meet the following standards:
[a]
Temporary storage containers shall not exceed 20
feet in length.
[b]
Temporary storage containers may only be located
within the front yard of any property, provided that such containers
are set back from the edge of the road or the sidewalk a minimum of
five feet, whichever is greater, provided that there is no encroachment
into the clear-sight triangle for any intersecting roads or driveways.
[c]
No more than one temporary storage container may
be placed on any one residential parcel at one time.
(c)
Permits for extended hardship. Upon a finding by the Township
that a property which experienced a flood, fire, natural disaster,
or other act of God so as to render the primary residential dwelling
on the property uninhabitable, the establishment of a temporary structure,
building or use may be permitted for periods longer than nine months,
provided that if the temporary structure, building or use is for dwelling
purposes, that any and all requirements of the Bucks County Department
of Health regarding water use and/or sewage are met, and that all
Township Building Code requirements are met by the applicant.
(4)
I4 Temporary Event. A temporary use including seasonal outdoor sales,
indoor/outdoor markets, public exhibitions, workshops, social assemblies,
picnics for fund-raising and similar organizational events and meetings,
except for events sponsored by Warwick Township.
[Amended 5-20-2019 by Ord. No. 2019-1]
(a)
Such temporary uses shall be limited to occurrences of not more
than seven days per occurrence which may be extended at the discretion
of the Zoning Officer for an additional seven days. Such occurrences
shall be limited to not more than four occurrences in a calendar year
for each property. There shall be at least a thirty-day period between
such occurrences.
(b)
Signs advertising a temporary community event shall be limited
to 12 square feet in size on the premises that the event is being
held. No more than four off-premises signs limited to six square feet
in size shall be placed off-premises. The location of off-premises
signs must be approved by the property owners of the properties upon
which they are to be fixed. Such signs shall be posted no more than
14 days prior to the first day of the event and shall be removed on
the final day of the event.
(c)
It shall be unlawful for any sponsor, owner of property or person in charge of property to initiate, organize, promote, permit, conduct or cause to be advertised a temporary event unless a zoning permit has been obtained. A separate permit shall be required for each temporary event for the period designated by the permit. Temporary events with anticipated participation of 300 or more requires a special event permit in accordance with Chapter 49 of the Code of Warwick Township.
(d)
The total area of the temporary activity shall be limited to
2,000 square feet, not including parking and restrooms.
(e)
The applicant shall provide plans to ensure adequate parking,
emergency access, road access, sanitary facilities, refuse collection,
noise control, and cleanup after the event.
(f)
The applicant shall provide any other information deemed required
by the Zoning Officer.
(5)
I5 Accessory Heliport. A private noncommercial landing area for helicopters.
(a)
An accessory heliport is permitted accessory only to office,
institutional or industrial uses located in the LI Limited Industrial
District.
(b)
An accessory heliport shall not be located within 300 feet of
any street or property line.
(c)
Helicopters using the accessory heliport shall be travelling
to or from the property on which the heliport is located. The accessory
heliport shall host only flights whose passengers have business on
the property on which the heliport is located.
(d)
No fuel service, maintenance or overhaul facilities shall be
included.
(e)
A minimum landing area of 100 feet by 100 feet shall be provided,
except for rooftop landing areas that shall have a minimum landing
area of 40 feet by 40 feet.
(f)
A fence at least four feet in height shall surround all landing
areas. The fence shall be sufficient to prevent loose stone and other
debris and materials from being blown on to adjacent properties.
(g)
The proposed heliport will not adversely affect adjoining land
uses, the safety of nearby residents or employees or the future growth
and development of the area in which it is to be located.
(h)
The heliport shall meet all the regulations of the Pennsylvania
Department of Transportation, Bureau of Aviation, and shall have the
approval of this agency and of any other airstrip licensing agencies
of the federal or state government.
(i)
No activities shall be permitted which will violate the regulations
of this chapter or any other Township ordinance controlling noise,
dust, dirt, electrical disturbance, hazards, or other nuisances.
(6)
I6 Accessory Air Landing Field. A private, noncommercial air landing
field.
(a)
Approval of the Pennsylvania Department of Transportation, Bureau
of Aviation and the Federal Aviation Administration shall be secured.
(b)
No air landing field shall be established if its flight pattern
will overlap with the flight pattern of any existing air landing field,
or if the first 0.25 mile of takeoff or landing is over parkland or
a residential area.
(7)
I7 Towers, Masts, Flagpoles, Dish Antennas, and Nonagricultural Silos.
An accessory use for a principal use other than Use E1.
(a)
All structures shall be set back from all property lines and
street lines a distance at least the height of the facility plus 20
feet. Height of the structure shall be measured from ground level
to the top of the structure if freestanding or the total height of
the structure in addition the height of any other building or structure
upon which the accessory structure is anchored.
(b)
The structure shall be anchored to the ground in a manner satisfactory
to the Township.
(c)
Amateur radio antennas shall not exceed 65 feet in height.
[Amended 6-18-2018 by Ord. No. 2018-1]
(d)
Dish antennas shall be permitted only in the RA and R1 Zoning
Districts on lot sizes of one acre or greater and shall not exceed
12 feet in diameter.
(e)
When separately supported, the total height of the dish antenna
shall not exceed 14 feet, unless approved as a conditional use.
(f)
If roof-mounted, the antenna shall be located on a portion of
the roof sloping away from the front of the lot and no part thereof
shall project above the ridgeline. Dish antennas shall not be mounted
on chimneys.
(g)
When not roof-mounted, the dish antenna shall be screened by
staggered plantings of evergreens which present a solid visual barrier
to adjoining houses and to the street. Before a permit will be issued
for the erection of a dish antenna, a screening plan must be submitted
to and approved by the local Municipal Planning Commission.
(8)
I8 Commercial Accessory Office. An accessory office is a clerical,
administrative or professional use normally associated with a principal
commercial or industrial use of a building, lot, or portion thereof.
An accessory use office is an incidental component of a permitted
principal use of structure or lot, and shall be subject to the requirements
of the F3 use of this chapter.
(9)
I9 Accessory Retail Use. An accessory retail use open to the public
and incidental to those uses permitted in the VC, VC2, C1, C2, and
LI Districts and clearly connected to the principal use subject to
the following conditions:
[Amended 5-20-2019 by Ord. No. 2019-1]
(a)
The accessory retail use shall not exceed 10% of the gross floor
area of the principal use.
(b)
The accessory use shall be conducted entirely within the building
housing the principal use and shall be under the same ownership as
the principal use.
(c)
No new building or structure shall be established for the accessory
retail use.
(d)
Parking. Parking shall conform to the requirements of the G3
Retail Store use set forth in this chapter consistent with the proposed
square footage of the new accessory use.
(10)
I10 Geothermal Energy System. A system that uses a heat pump
to extract heat from the earth in heating and/or reject heat into
the earth in cooling mode. It may also be referred to a geothermal
heat pump system, a ground-coupled heat pump system, an earth-source
heat pump system, and a GeoExchange system.
[Added 10-18-2021 by Ord. No. 2021-02]
(a)
It shall be unlawful to install a new geothermal well or modify
an existing geothermal well without all necessary permits, including,
but not limited to, zoning permits and grading permits. Permit applications
shall be accompanied by a site plan, prepared, signed, and sealed
by a qualified professional licensed in the Commonwealth of Pennsylvania,
which identifies property lines, lot area, location of existing natural
and man-made features, location of the proposed closed-loop geothermal
system, bore holes, ownership information for adjoining properties,
and setback measurements from property lines, street lines, and occupied
buildings.
(b)
Open-loop geothermal systems (geothermal systems which expel
the water after it leaves the structure) are prohibited.
(c)
Closed-loop geothermal energy systems shall be permitted by
right in every zoning district, provided that such systems are located
on the same lot with the permitted use it serves.
(d)
The geothermal system must be installed, maintained, and decommissioned
in standards conforming to IGSHPA Closed-Loop/Geothermal Heat Pump
Systems Design and Installation Standards, as same may be amended
and updated from time to time and as per the manufacturer's specifications,
as well as all zoning, building code, and utility requirements.
(e)
Only a Pennsylvania Department of Environmental Protection-licensed
well driller, or an IGSHPA-accredited geothermal system installer,
shall drill a geothermal well. In all cases, the well drilling rig
must also be approved by the Pennsylvania Department of Environmental
Protection.
(f)
All structural components of a geothermal energy system shall
comply with the building setback requirements, lot and impervious
surface coverage requirements of the zoning district in which it is
located.
(g)
Minimum isolation (setback) distance. In addition to the setbacks
required in the applicable zoning district, the wells and boreholes
associated with a geothermal energy system shall be located using
the minimum isolation (setback) distances to existing or potential
sources of pollution listed in Table 1.
|
Table 1 Setback Distances
| |
|---|---|
|
Setback From
|
Borehole and Geothermal Supply and Geothermal Return Well
(feet)
|
|
Delineated wetlands, floodplains, lakes, ponds, or other surface
waters
|
At least 25 feet
|
|
Storm drains, retention basins, stabilization ponds, or stormwater
management facilities
|
At least 10 feet
|
|
Preparation area or storage area of hazardous spray materials,
fertilizers, chemicals, or salt piles
|
At least 300 feet;
At least 150 feet (if borehole is cased and grouted inside and
out)
|
|
Gravity sewer lines and drains carrying domestic sewage or industrial
waste
|
At least 15 feet or according to easement
|
|
Existing water and forced sewer buried utilities and/or utility
trenches
|
At least 15 feet or outside easement
|
|
Septic tanks, aerobic tanks, or holding tanks
|
At least 25 feet
|
|
Subsurface sewage disposal systems, elevated sand mounds, or
other sewage disposal fields
|
At least 50 feet
|
|
Sewage seepage pits and cesspools
|
At least 25 feet
|
|
Farm silos, barnyards, privies, and fuel tanks
|
At least 25 feet
|
|
Spray irrigation sites, sewage sludge, and septage disposal
sites
|
At least 25 feet
|
|
Dedicated public right-of-way and property lines
|
At least 10 feet
|
|
Building foundations (except for buildings enclosing water wells
and/or water well pumps and any other source of pollution as approved)
|
At least 10 feet
|
|
Identified NPL site (Superfund) plume area
|
At least 300 feet
|
|
Any other source or potential source of pollution
|
At least 300 feet
|
(h)
The minimum required backfilling material for geothermal energy
system boreholes is bentonite or comparable material. Bentonite grout
or comparable material shall be pure, with at least 20% solids by
weight when mixed with water. Hydration of the bentonite or comparable
material must be delayed until the bentonite or comparable material
has been placed down the well. It is recommended that the vertical
boreholes are grouted from the bottom of the well to the top using
an appropriate grout with thermal transfer properties. If the borehole
penetrates bedrock, it must be grouted from a depth of 15 feet into
the bedrock to the top of the borehole.
(i)
Maintenance. The landowner is responsible for maintaining the
system in a safe and operable condition for the life of the system.
The landowner shall consult with a qualified inspector when requested
by the Township to determine if the geothermal system is operating
in accordance with the specifications of the manufacturer. A copy
of the report shall be submitted to the Township, and the Township
shall have the right to inspect. Any noted deficiencies are to be
corrected to maintain the system in operable condition unless the
intent is to decommission the system in accordance with the following
section.
(j)
Decommissioning. The landowner or geothermal energy system operator
shall, at its expense, complete decommissioning of the geothermal
system within 12 months after the end of the useful life. The geothermal
system will presume to be at the end of its useful life if no energy
is generated for a continuous period of 12 months. The removal of
the aboveground geothermal system components shall be completed within
six months of decommissioning. All disturbed earth shall be restored,
graded, and reseeded. The landowner shall secure a permit to decommission
the geothermal energy system, and the landowner shall be responsible
for the following financial and inspection provisions as part of the
decommissioning efforts:
[1]
The landowner or facility operator shall execute a maintenance
agreement.
[2]
An independent and certified professional engineer may be retained
by the Township to inspect the decommissioning of the geothermal system.
All such inspection fees shall be paid by the applicant or landowner.
[3]
If the landowner or facility operator fails to complete decommissioning
during the prescribed period of 12 months, the Township may take such
measures as necessary to complete decommissioning in accordance with
the laws of Warwick Township and the Commonwealth of Pennsylvania.
This includes use of any escrow provided in accordance with decommissioning.
(11)
I11 Wind Energy Conversion System. A wind energy conversion
system is a device which converts wind energy to mechanical or electrical
energy and which is permitted as an accessory use and structure in
accordance with the following regulations:
(a)
A wind system shall be permitted as an accessory use only.
(b)
Uses for which the wind system is a permitted accessory use
are: A Agricultural uses; B Residential uses on sizes of greater than
three acres; and H Industrial uses.
(c)
No wind system shall be permitted in any open space area that
has been set aside, either as part of a development or preserved through
a township, county, state, federal, or conservancy preservation program.
(d)
A wind energy conversion system may be a freestanding pole structure
or may be attached to another unoccupied structure or building.
[Amended 10-18-2021 by Ord. No. 2021-02]
(e)
Every proposed wind system, whether freestanding or attached
to another structure, shall be designed and engineered to provide
for safe operation. Detailed engineering plans, prepared by a licensed
professional engineer, for all proposed wind systems shall be submitted
with applications for approval. If an attached system is proposed,
these engineering studies shall demonstrate to the satisfaction of
the Township that the wind system shall not compromise the structural
integrity of the building to which it is attached.
(f)
Maximum height. The maximum height of any wind system is 75
feet from finished grade. This height shall include the pole or mounting
structure and the blade when extended to its highest position. The
pole or mounting device shall not exceed 60 feet.
(g)
All wind systems shall be set back a minimum of 300 feet from
any street or property line.
(h)
The power generated by any wind system shall not be sold to
any other customers except a public utility and shall be limited to
use on the lot where the system is located.
(i)
All facilities shall meet the applicable electrical codes and
shall be performed by a licensed electrical contractor.
(j)
Minimum lot size. The minimum lot size on which a wind energy
system is permitted is three acres, or the minimum lot size for the
use to which it is accessory, whichever is greater. There shall be
no more than one wind energy system on any lot of three acres or less
in size. For each wind energy system on any lot, there shall be a
minimum of three acres for each system.
(k)
No wind system shall be permitted within 300 feet of any identified
floodplain area in the Township.
[Amended 3-16-2015 by Ord. No. 2015-5]
(l)
Nuisance standards. All wind energy conversion systems shall
be designed to avoid any adverse impacts on surrounding properties.
No lights shall be permitted on the wind system, unless required by
the Federal Aviation Administration. All applications shall contain
information on proposed color, orientation, design of the system,
and any electrical interference effects.
[Amended 10-18-2021 by Ord. No. 2021-02]
(m)
Access control. Access to the system shall be controlled by
a fence with a height of eight feet with locking portal. The ground
level equipment and structures shall be adequately buffered from adjacent
properties and street rights-of-way with landscaping or fencing.
(n)
A minimum of one hazard warning sign at a maximum of two square
feet shall be posted near ground level on the fence or on the tower
structure. Guy wire anchor points and guy wires (up to a height of
10 feet from the ground) shall be clearly marked.
[Amended 10-18-2021 by Ord. No. 2021-02]
(o)
The electric and utility lines to and from a wind system shall
be underground.
(p)
Decommissioning. The landowner or energy facility operator shall,
at its expense, complete decommissioning of the wind energy conversion
system within 12 months after the end of the useful life. The wind
energy conversion system will be presumed to be at the end of its
useful life if no energy is generated for a continuous period of 12
months. The removal of the wind energy conversion system components
shall be completed within six months of decommissioning. All disturbed
earth shall be restored, graded, and reseeded. Unless otherwise required
by the Township, the landowner shall be responsible for the following
financial and inspection provisions as part of the decommissioning
efforts:
[Added 10-18-2021 by Ord. No. 2021-02[22]]
[1]
The landowner or facility operator shall execute a maintenance agreement.
[2]
An independent and certified professional engineer may be retained
by the Township to inspect the decommissioning of the wind energy
conversion system. All such inspection fees shall be paid by the applicant
or landowner.
[3]
If the landowner or facility operator fails to complete decommissioning
during the prescribed period of 12 months, the Township may take such
measures as necessary to complete decommissioning in accordance with
the laws of Warwick Township and the Commonwealth of Pennsylvania.
This includes use of any escrow provided in accordance with decommissioning.
[22]
Editor's Note: This ordinance also repealed former Subsection
I(11)(p), Abandonment.
(q)
Conditional use approval. Wind energy systems shall be permitted
by conditional use only.
(r)
Natural resource protection standards. All wind energy systems shall meet the environmental protection standards, Article XIX, of this chapter.
(s)
All wind energy conversion systems shall be equipped with a
redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
[Added 10-18-2021 by Ord. No. 2021-02]
(t)
Maintenance. The landowner is responsible for maintaining the
system in a safe and operable condition for the life of the system.
The landowner shall consult with a qualified inspector when requested
by the Township to determine if the wind energy conversion system
is operating in accordance with the specifications of the manufacturer.
A copy of the report shall be submitted to the Township, and the Township
shall have the right to inspect. Any noted deficiencies are to be
corrected to maintain the system in operable condition unless the
intent is to decommission the system in accordance with the subsection
above.
[Added 10-18-2021 by Ord. No. 2021-02]
(12)
I12 Small-Scale Solar Energy System. Any solar collector or
other solar energy device, or any structural design feature whose
primary purpose is to provide for the collection, storage and distribution
of solar energy for space heating or cooling, for water heating or
for electricity, that may be mounted on a building or on the ground
and is not the principal use of the property.
[Amended 11-7-2011 by Ord. No. 2011-12]
(a)
SOLAR PANELS
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
(b)
Applicability.
[1]
This subsection applies to small-scale solar energy systems
to be installed and constructed after the effective date of this subsection,
and all applications for small-scale solar energy systems on existing
structures or property. Small-scale solar energy systems constructed
prior to the effective date of this subsection shall not be required
to meet the requirements of this subsection; provided that any structural
change, upgrade or modification to an existing small-scale solar energy
system that materially alters the size or placement of the existing
small-scale solar energy system shall comply with the provisions of
this Section.
[2]
Small-scale solar energy systems and solar panels associated
therewith as ground arrays shall be subject to the following:
[a]
Small-scale solar energy systems located as ground
arrays shall be permitted only on lots of two acres or greater.
[b]
Small-scale solar energy systems located as ground
arrays shall be set back the same as setbacks for principal uses in
the district, provided that no solar panel shall be located closer
to the property line than 1.1 times the height of the solar panel.
[c]
Small-scale solar energy systems located as ground
arrays shall be located no closer than 20 feet from any structure,
including structures on the same lot as the ground array solar panel.
[d]
Small-scale solar energy systems located as a ground
array shall be considered impervious and considered as such in the
calculation of the maximum impervious surface ratio.
[e]
Small-scale solar energy systems shall not be permitted
in a front yard.
[f]
Small-scale solar energy systems located as ground
arrays shall be located so that any reflection is directed away or
is properly buffered from an adjoining property.
[g]
Small-scale solar energy systems located as ground
arrays shall not exceed a height at the highest point of the structure,
of 20 feet.
[3]
Small-scale solar energy systems and roof-mounted solar panels
associated therewith shall be subject to the following regulations:
[a]
Permitted roof-mounted small-scale solar energy
systems shall include integrated solar panels as the surface layer
of the roof structure with no additional apparent change in relief
or projection (the preferred installation) or separate flush-mounted
solar panels attached to the roof surface.
[b]
Integrated or separate flush-mounted small-scale
solar energy systems and solar panels associated therewith shall be
located on a rear- or side-facing roof, as viewed from any adjacent
street, unless such installation is proven to be ineffective or impossible.
Small-scale solar energy systems and solar panels associated therewith
may be located on any part of a roof of an accessory structure which
is located entirely behind the principal structures, as viewed from
any adjacent street. The removal of potential obstructions such as
interceding vegetation shall not be sufficient cause for permitting
a front-facing installation. Front-facing installation may be permitted
by conditional use in accordance with the following provisions:
[i]
The applicant must indicate valid reasons as to why this is
the only effective or possible means for utilizing solar energy on
the property. Such information shall be certified by a professional
deemed qualified by Warwick Township and reviewed by the Warwick Township
Engineer and any other Township professional deemed necessary.
[c]
Any roof-mounted small-scale solar energy system
or solar panels associated therewith other than those described in
Subsection I(12)(b)[3][a] and [b] of this section, shall be permitted
as a conditional use in accordance with the following conditions:
[i]
Such other small-scale solar energy system shall be located
on a rear- or side-facing roof, as viewed from any adjacent street.
[ii]
Such other roof-mounted small-scale solar energy system shall
not exceed a height of three feet from the rooftop at any point. Parts
of small-scale solar energy systems, including but not limited to
solar panels installed on a building or structure with a sloped roof,
shall not project vertically above the peak of the roof to which they
are attached or project vertically more than five feet above a flat
roof installation.
[iii]
The applicant shall demonstrate to the satisfaction
of the Township Engineer that the proposed small-scale solar energy
system is the only effective or possible means for utilizing solar
energy on the property. Such information shall be certified by a professional
deemed qualified by the Board of Supervisors and may be reviewed by
any other Township professional that the Board of Supervisors deems
necessary.
[d]
In no event shall the placement of any small-scale
solar energy system result in a total height exceeding 35 feet.
[e]
The electricity generated from the small-scale
solar energy system shall only be used on the property on which it
is generated. Selling or sharing electricity generated by the small-scale
solar energy system or solar panel is prohibited, provided that no
more than 10% of the electricity generated on the property daily may
be sold to an electric utility.
(c)
Design and installation.
[1]
To the extent applicable, the small-scale solar energy system
shall comply with the Pennsylvania Construction Code (Act 45 of 1999),
35 P.S. § 7210.101 et seq., as amended, and the applicable
regulations adopted by the Department of Labor and Industry, 34 Pa.
Code § 401.1 et seq.
(d)
The design of the small-scale solar energy system shall conform
to applicable industry standards.
(e)
On existing construction, a small-scale solar energy system
may be installed as long as it meets the requirements of this chapter
and all other applicable construction codes.
(f)
Easements.
[1]
On plans for new subdivision or land development that propose
to provide for small-scale solar energy systems, a notation shall
be placed on the approved plan stating that restrictions have been
placed on the lots in question, pursuant to a recorded declaration
of covenants, concerning the placement of structures and vegetation
as they relate to the small-scale solar energy systems. The terms
of the declaration of covenants shall be as approved by the Township
Solicitor.
[2]
An applicant submitting a building permit plan not subject to
subdivision or land development regulations shall submit evidence
that an easement, the terms of which have been approved by the Township
Solicitor, has been obtained from adjoining landowner(s) concerning
the placement of structures and vegetation as they relate to the proposed
small-scale solar energy system.
(g)
Maintenance and decommissioning of solar energy system.
[Added 10-18-2021 by Ord. No. 2021-02[23]]
[1]
Maintenance. The landowner is responsible for maintaining the
system in a safe and operable condition for the life of the system.
The landowner shall consult with a qualified inspector when requested
by the Township to determine if the small-scale solar energy system
is operating in accordance with the specifications of the manufacturer.
A copy of the report shall be submitted to the Township, and the Township
shall have the right to inspect. Any noted deficiencies are to be
corrected to maintain the system in operable condition unless the
intent is to decommission the system in accordance with the following
subsection.
[2]
Decommissioning. The landowner or energy facility operator shall,
at its expense, complete decommissioning of the small-scale solar
energy system within 12 months after the end of the useful life. The
small-scale solar energy system will be presumed to be at the end
of its useful life if no energy is generated for a continuous period
of 12 months. The removal of the small-scale solar energy system components
shall be completed within six months of decommissioning. All disturbed
earth shall be restored, graded, and reseeded. Unless otherwise required
by the Township, the landowner shall be responsible for the following
as part of the decommissioning efforts:
[a]
The landowner or facility operator shall execute
a maintenance agreement.
[b]
An independent and certified professional engineer
may be retained by the Township to inspect the decommissioning of
the small-scale solar energy system. All such inspection fees shall
be paid by the applicant or landowner.
[c]
If the landowner or facility operator fails to
complete decommissioning during the prescribed period of 12 months,
the Township may take such measures as necessary to complete decommissioning
in accordance with the laws of Warwick Township and the Commonwealth
of Pennsylvania. This includes use of any escrow provided in accordance
with decommissioning.
[23]
Editor's Note: This ordinance also repealed former Subsection
I(12)(g), Abandonment and removal of solar energy systems.
(h)
Small-scale solar energy systems shall not be used for displaying
any advertising, except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from the property line.
(i)
The design of small-scale solar energy systems shall, to the
extent reasonably possible, use materials, colors, textures, screening
and landscaping that will blend the facility into the natural setting
and existing environment.
(j)
The installation of small-scale solar energy systems is subject
to all utility providing electric service requirements for interconnection.
(k)
This section's height provisions shall supersede all height
provisions of other sections with respect to solar energy systems.
The highest point of solar panels on rooftops shall not exceed 35
feet.
(13)
I13 Outdoor Furnaces. "Outdoor furnace" means any equipment,
device or apparatus, or any part thereof, which is installed, affixed
or situated outdoors for the primary purpose of combustion of fuel
to produce heat or energy used as a component of a heating system
providing heat for any interior space or water source.
(a)
Regulations applicable to all outdoor furnaces.
[1]
In addition to the regulations set forth in this chapter, outdoor
furnaces shall comply with any and all regulations promulgated by
the Pennsylvania Department of Environmental Protection (PADEP). All
outdoor furnaces shall be installed, operated, and maintained in strict
conformance with manufacturer's instructions and the regulations promulgated
by the PADEP and set forth in this chapter unless the manufacturer's
instructions are stricter than the regulations promulgated hereunder,
in which case the manufacturer's instructions shall apply.
[Amended 3-7-2011 by Ord. No. 2011-1]
[2]
The outdoor wood-fired furnace may burn only those materials
approved by PADEP.
[Amended 3-7-2011 by Ord. No. 2011-1]
[3]
No person may operate an outdoor furnace unless it is upon a
lot of at least two acres in size. Any outdoor wood-fired furnace
shall meet the required setbacks for principal uses in the district
in which the furnace is located, provided that in no event shall a
furnace be less than 50 feet from the nearest property line nor less
than 200 feet from the nearest residence which is not served by the
furnace.
[Amended 3-7-2011 by Ord. No. 2011-1]
[4]
The chimney height shall be determined by the distance from
the nearest residence not served by the furnace as follows:
[a]
Fifty feet to 100 feet: height of the eave line
of the tallest residence not served plus two feet.
[b]
One hundred feet to 250 feet: 75% of the height
of the eave line of the tallest residence not served plus two feet.
[c]
Two hundred fifty feet or more: minimum of manufacturer's
recommendation.
[d]
Due to the rolling topography of the Township,
there may be circumstances where the furnace may be located in a depressional
area, with adjacent home(s) located at a higher elevation. In these
situations, the Township may require the chimney must be at a greater
height, in order to be, in fact, higher than the eave of the adjacent
house. The Zoning Hearing Board, upon recommendation from the Building
inspector, may approve a lesser height on a case-by-case basis if
necessary to comply with manufacturer's recommendations and if the
property owner can demonstrate that the smoke from the lower chimney
height does not create a nuisance for neighbors. Any exception to
required height granted under this subsection is contingent upon the
lower height not being a nuisance to neighboring residences and is
subject to further modification by the Zoning Hearing Board.
[5]
The outdoor wood-fired furnace shall be operated and maintained
to meet all emission standards required by the Environmental Protection
Agency (EPA) and the Underwriter's Laboratory (UL) listing. This documentation
must be provided at the time the permit is applied for.
[6]
All processed wood products used for fuel in outdoor wood-fired
furnaces must be screened from sight. Processed wood products include,
but are not limited to, pallets, crates and cut lumber. These fuel
items must be screened from public view of roads and lot lines. Screening
may consist of solid fences, evergreens or similar types of fencing.
All nonprocessed wood products used for fuel in outdoor wood-fired
furnaces may be stored on the property without required fencing. Nonprocessed
wood products would be cut wood that has not been treated with paint,
stain or any other products.
[7]
Outdoor furnaces shall be a Phase 2 type, as certified by the
United States Environmental Protection Agency (EPA) as meeting a particulate
matter emission limit of 0.32 pounds per million British Thermal Units
output, and labeled accordingly. Phase 2 outdoor wood-fired boiler
models will be identified with a white hangtag. The furnace shall
be a premanufactured self-contained system with a lockable fuel feed
chute and ash door. The furnace boiler shall also have a permanently
attached smokestack.
[Added 10-18-2021 by Ord. No. 2021-02]
[8]
Maintenance. The landowner is responsible for maintaining the
system in a safe and operable condition for the life of the system.
The landowner shall consult with a qualified inspector when requested
by the Township to determine if the outdoor furnace is operating in
accordance with the specifications of the manufacturer. A copy of
the report shall be submitted to the Township, and the Township shall
have the right to inspect. Any noted deficiencies are to be corrected
to maintain the system in operable condition unless the intent is
to decommission the system.
[Added 10-18-2021 by Ord. No. 2021-02]
