All uses and activities established after the effective date
of this chapter shall comply with the following standards. Site alterations,
regrading, filling, or clearing of vegetation prior to the submission
of applications for zoning or building permits or the submission of
plans for subdivision or land development shall be a violation of
this chapter. In the event that two or more resources overlap, the
resource with the greatest protection standard (the least amount of
alteration, regrading, clearing or building) shall apply to the area
of overlap.
A. Floodplains. Any use or activity within an identified floodplain
area shall comply with the provisions of the Warwick Township Floodplain
Ordinance.
[Amended 3-16-2015 by Ord. No. 2015-5]
B. Floodplain soils. All such areas shall not be altered, regraded,
or built upon. Roads and utilities may cross floodplain soils where
design approval is obtained from the Township and the Pennsylvania
Department of Environmental Protection and where no other reasonable
access is available. Floodplain soils shall not be used where a floodplain
has been delineated in accordance with the Warwick Township Floodplain
Ordinance.
[Amended 3-16-2015 by Ord. No. 2015-5]
C. Steep slopes. In areas of steep slopes, the following standards shall
apply:
(1) Eight percent to 15%: No more than 40% of such areas shall be altered,
developed, regraded and/or stripped of vegetation.
(2) Fifteen percent to 25%: No more than 30% of such areas shall be altered,
developed, regraded and/or stripped of vegetation.
(3) Twenty-five percent or more: No more than 15% of such area shall
be altered, developed, regraded and/or stripped of vegetation.
D. Woodlands. The following standards shall apply to woodlands:
(1) Woodlands in environmentally sensitive areas: No more than 10% of
woodlands located in environmentally sensitive areas shall be altered,
regraded, cleared, and/or built upon. Environmentally sensitive areas
shall include floodplains, floodplain soils, steep slopes (greater
than 25%), wetlands, wetland margins, and lake or pond shorelines.
(2) Other woodland areas: No more than 20% of woodlands which are not located in environmentally sensitive areas [as defined in Subsection
D(1) above] shall be altered, regraded, cleared, or built upon.
(3) RA District: On a tract utilizing the cluster option (B2), no more than 40% of woodlands which are not located on environmentally sensitive areas [as defined in Subsection
D(1) above] shall be altered, regraded, cleared, or built upon.
E. Streams, watercourses, wetlands, lakes, or ponds. Such areas shall
not be altered, regraded, developed, filled, piped, diverted, or built
upon except that roads and utilities may cross streams, watercourses,
and wetlands where design approval is obtained from the Township and
the Pennsylvania Department of Environmental Protection and where
no other reasonable access is available.
(1) In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers (ACOE) is shown to vary from the wetlands boundary derived from the definition in §
195-9 of this chapter, the ACOE delineation will govern. The wetlands margin will then be measured from the ACOE-delineated boundary.
F. Lake or pond shorelines. No more than 20% of such areas shall be
altered, regraded, filled or built upon.
G. Stormwater. All applicants proposing development in the Township
should review their proposals with the Township to assess the impacts
and the potential for development of regional stormwater controls.
All stormwater management plans must comply with the Storm Water Management
Act (Act 167) and the Pennsylvania Dam Safety and Encroachments Act
(Act 325) and Warwick Township stormwater management ordinances.
H. Soil erosion and sedimentation. All uses shall protect streams, lakes, and ponds from sedimentation damage and control erosion in accordance with the Clean Streams Law, P.L. 187, Chapter
102,except that in addition, all subdivision and land developments
shall submit a soil erosion and sedimentation plan as part of the
preliminary subdivision or land development plan even where they are
less than 25 acres in extent.
I. Sewage disposal.
(1) All sewage disposal systems, regardless of type, shall meet the requirements
and procedures of the Warwick Township Sewage Facilities Plan and
the Bucks County Department of Health. The applicant shall demonstrate
compliance with the requirements of this section for all applications
for zoning or building permits.
(2) Where an existing or proposed on-site sewage treatment system with
either surface discharge or subsurface discharge is proposed adjacent
to a stream or water body, including lakes, ponds, and wetlands, it
shall be set back not less than 300 feet from the edge or bank of
such stream or water body to ensure that the contaminated water moves
through the soil a sufficient distance to allow contaminants to be
removed by the soil before discharging into a stream or water body.
J. Prime farmland in the RA District. On a tract(s) containing 20 acres or more, no more than 50% of prime farmland as defined in §
195-9 of this chapter may be developed.
K. Riparian corridor preservation.
(1) Establishment. The establishment of the Riparian Corridor Conservation
District (RCCD) applies to all streams and tributaries as well as
perennial and intermittent streams leading to those streams and including
all lakes and ponds shown on the map included in the Township's Official
Sewage Facilities Plan (Act 537 Plan).
(2) A residential lot legally in existence as of the effective date of
this chapter may expand the area of the principal building on the
lot by not more than 25% of the ground-floor area of the principal
building on the property as of the effective date of this chapter
without the provisions of the RCCD being applicable.
(3) Measurement of the RCCD boundary shall extend a minimum of 75 feet
from each defined edge of an identified watercourse or surface water
body at the top of the bank, or shall equal the extent of the one-hundred-year
floodplain, whichever is greater. The district will consist of two
distinct zones designated as:
(a)
Zone One.
[1]
This zone will begin at each edge of an identified waterway
(which can include wetlands and intermittent watercourses) and occupy
a minimum width of 25 feet measured horizontally on a line perpendicular
to the top-of-bank. The width of Zone One may be required to extend
beyond the minimum 25 feet depending upon existing topography, woodlands,
and other natural conditions.
[2]
Where steep slopes (in excess of 25%) are located within 25
feet of a municipally designated watercourse, Zone One shall extend
the entire distance of this sloped area. If the distance of this sloped
area is greater than 75 feet, there will be no requirement for the
establishment of Zone Two. If the distance is less than 75 feet, the
width of Zone Two will be adjusted so that the total corridor width
(Zone One and Zone Two) will be 75 feet maximum.
(b)
Zone Two.
[1]
This zone will begin at the outer edge of Zone One and occupy
a minimum width of 50 feet in addition to Zone One, unless modified
herein.
[2]
Where the one-hundred-year floodplain extends greater than 75
feet from the waterway, Zone One shall remain a minimum of 25 feet
wide, and Zone Two shall extend from the outer edge of Zone One to
the outer edge of the one-hundred-year floodplain.
(c)
Width determination. The developer, applicant, property owner
or designated representative shall be responsible for the initial
width determination of the riparian corridor and identifying this
area on any plan that is submitted to the municipality for subdivision,
land development, or other improvements that require plan submissions
or permits. This determination shall be subject to review by the Township
Engineer.
(4) Uses permitted in the RCCD. The following uses are permitted, either
by right or as a conditional use, in the RCCD. Within any corridor,
however, no construction, development, use, activity, or encroachment
shall be permitted unless the activity is described in the corridor
management plan.
(a)
Zone One.
[1]
Uses permitted by right. Open space uses that are primarily
passive in character shall be permitted to extend into the area defined
as Zone One, including:
[a] Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parklands,
and reforestation in compliance with the guidelines of the corridor
management plan.
[b] Stream bank stabilization in compliance with the
guidelines of the corridor management plan.
[c] Corridor crossings by livestock.
[2]
Uses permitted by conditional use:
[a] Corridor crossings of recreational trails, roads,
railroads, centralized sewer and/or waterlines, and public utility
transmission lines, provided that any disturbance is offset by corridor
improvements identified in the corridor management plan.
[b] Selective cutting of extremely high economic value trees when removal is consistent with approved standards in the corridor management plan and complies with §
195-16A(5).
(b)
Zone two.
[1]
Uses permitted by right. The following uses, which are primarily
passive in character, shall be permitted by right to extend into the
area defined as Zone Two:
[a] Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with methods prescribed by Chapter
102 of Title 25 of the Pennsylvania Administrative Code.
[b] Reforestation in compliance with the guidelines
of the corridor management plan.
[c] Minimum required front, side, and rear yards on
private lots, provided that no yard may extend into Zone Two more
than half the distance between the outer boundaries of Zone One and
Zone Two.
[d] Agricultural uses existing at the time of adoption of this chapter, so long as they are conducted in compliance with methods prescribed by Chapter
102 of Title 25 of the Pennsylvania Administrative Code.
[e] Corridor crossings by livestock.
[2]
Uses permitted by conditional use:
[a] New agricultural uses in compliance with methods
prescribed by Chapter 102.4(b) of Title 25 of the Pennsylvania Administrative
Code.
[b] Corridor crossings of roads, railroads, centralized
sewer and/or waterlines, and public utility transmission lines, provided
that any disturbance is offset by corridor improvements identified
in the corridor management plan.
[c] Centralized sewer and/or waterlines and public
utility transmission lines running along the corridor, provided that
any disturbance is offset by corridor improvements identified in the
corridor management plan. These lines shall be located as far from
Zone One as practical.
[d] Selective cutting of trees when removal is consistent with approved standards in the corridor management plan and complies with §
195-16A(5).
[e] Passive-use areas such as camps, campgrounds, picnic
areas, and golf courses. Active recreation areas such as ball fields,
playgrounds, and courts, provided these uses are designed in a manner
that will not permit concentrated flow.
[f] Naturalized stormwater basins in compliance with
the guidelines in the corridor management plan. The entire basin shall
be located a minimum of 50 feet from the defined edge of identified
watercourses.
(5) Uses specifically prohibited in the RCCD. Any use or activity not
authorized by Subsection L(4) of this section shall be prohibited
within the RCCD. By way of example, the following activities and facilities
are specifically prohibited:
(a)
Clear-cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation
within Zone One or Two except where such clearing is necessary to
prepare land for a use permitted herein and where the effects of these
actions are mitigated by revegetation, as specified herein.
(c)
Removal of trees in excess of selective cutting, except where
such removal is necessary as a means to eliminate dead, diseased,
or hazardous tree stands that jeopardize public safety or as part
of a reforestation project, provided that the removal is in compliance
with a corridor management plan approved by the Township.
(d)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and corridor protection.
(e)
Storage of any hazardous or noxious materials.
(f)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Bucks County Conservation District.
(g)
Roads or driveways, except where permitted as corridor crossings
herein.
(h)
Motor or wheeled vehicle traffic in any area not designated
to accommodate adequately the type and volume.
(i)
Parking lots for a use permitted herein.
(j)
Subsurface sewage disposal areas.
(6) Inspection of Riparian Corridor Conservation District.
(a)
Lands within or adjacent to an identified Riparian Corridor
Conservation District shall be inspected by the Township Engineer
when:
[1]
A subdivision or land development plan is submitted.
[2]
A building permit is requested.
[3]
A zoning permit is requested.
[4]
A change or resumption of a nonconforming use is proposed.
(b)
The district may also be inspected periodically by the municipal
representatives for compliance with an approved restoration plan,
excessive or potentially problematic erosion, hazardous trees, or
at any time when the presence of an unauthorized activity or structure
is brought to the attention of Township officials.
(7) Management of the Riparian Corridor District.
(a)
Corridor management plan. Within any Township-identified corridor
area, no construction, development, use, activity, or encroachment
shall be permitted unless the effects of such development are accompanied
by implementation of an approved corridor management plan.
(b)
The developer, applicant or property owner shall submit to the
Township Engineer a corridor management plan, prepared by a landscape
architect, engineer, or other qualified professional, which fully
evaluates the effects of any proposed uses on the Riparian Corridor
Conservation District. The corridor management plan shall identify
the existing conditions (vegetation, one-hundred-year floodplain,
soils, slopes, etc.), all proposed activities, and all proposed management
techniques, including any measures necessary to offset disturbances
to the Riparian Corridor Conservation District. The plan shall be
approved by Township Council as part of the subdivision and land development
process.
(c)
Vegetation selection. To function properly, dominant vegetation
proposed to be planted in the corridor management plan shall be selected
from a list of plants most suited to the riparian corridor. Plants
not included on the lists may be permitted when evidence is provided
from qualified sources certifying their suitability.
[1]
In Zone One, dominant vegetation shall be composed of a variety
of native riparian tree and shrub species and appropriate plantings
necessary for stream bank stabilization.
[2]
In Zone Two, dominant vegetation shall be composed of riparian
trees and shrubs, with an emphasis on native species and appropriate
plantings necessary to stabilize the soil.
[3]
Disturbed areas shall be revegetated with riparian corridor
plants, in compliance with an approved corridor management plan.
[4]
Areas that cannot be revegetated shall be restored in compliance
with an approved corridor management plan.
[5]
Where natural wooded areas, meadows, and old fields do not exist
within the stream protection area, the applicant shall be required
to either plant native species characteristic of the indigenous vegetation
community or allow the adjacent areas to become reestablished by native
plant communities through the natural process of succession. For the
purpose of this section, "native species" shall include wooded areas,
meadows, and old fields and shall be defined as follows:
MEADOWS
A natural community consisting primarily of herbaceous plant
material, such as grass, sedges and reeds, with few or no woody plants.
OLD FIELDS
Areas consisting primarily of herbaceous plant species, such
as goldenrod, buttercups, milkweed and daisies, with some woody plant
species, such as cedars, sumac, blackberries, and raspberries.
WOODED AREAS
Areas consisting of oak, chestnut, hickory or hardwood species
characteristic of the original forests of southeastern Pennsylvania,
including ash, beech, maple, birch, dogwood, and others. Wooded areas
generally consist of a well-developed canopy with understory trees,
shrubs, and herbaceous layer and provide valuable aesthetic and environmental
benefits, including wildlife habitat and erosion control.
(8) The disturbance standards described in this section shall apply to
all uses and activities established after the effective date of this
chapter, provided that residential accessory uses will be permitted
in the RCCD on residential lots in existence as of the effective date
of this chapter.
In order to meet the natural resource protection standards of §
195-60, the applicant shall provide the following information with application for a zoning permit or building permit, and/or for application for subdivision and land development approval.
A. For all uses on lots established by subdivision approved after the
effective date of this chapter:
(1) All lots shall have a contiguous buildable area of at least an area as indicated below within the overall lot which does not encroach upon natural features to an extent greater than allowed by §
195-60. The purpose of the identification of a buildable area is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements, and site alterations while meeting the natural protection standards and minimum setback requirements of this chapter.
(a)
Minimum buildable area.
[1]
All districts, residential uses other than described above:
15,000 square feet or minimum lot size, whichever is less.
[2]
All districts, uses other than residential: 20,000 square feet
or minimum lot size, whichever is less.
(2) For uses with on-lot sewage systems, an area not less than 3,000 square feet shall be identified for location of the sewage disposal system in addition to the "buildable area" specified in Subsection
A(1) above. Such additional area shall not include natural features with a one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in this article.
(3) Applicants for zoning permits and/or subdivision or land development
approval shall submit the following information:
(a)
A site plan which illustrates all natural resources on the site
and the proposed use on the site; and
(b)
All encroachments and disturbances necessary to establish the
proposed use on the site; and
(c)
Calculations which indicate the area of the site with natural resources as noted in Subsection
B(2)(a) and
(b) below; the area of natural resources that would be disturbed or encroached upon; and the area of the site included in the buildable area.
B. The following site capacity calculations shall be submitted with
applications for all subdivisions and land developments classified
in the Subdivision and Land Development Ordinance as major subdivisions and land developments. Through these
calculations, the net buildable site area, maximum number of lots
or dwelling units, maximum amount of impervious surface, and required
open space will be determined for the site.
(1) Base site area. Calculate the base site area. From the total site
area, subtract future road rights-of-way (for existing roads); land
which is not contiguous or which is separated from the parcel by an
arterial or collector road, railroad, Neshaminy Creek or Little Neshaminy
Creek; or land shown on previous subdivision or land development plans
as reserved for open space and/or natural resource protection.
|
Total site area
|
-
|
acres
|
|
Base site area
|
=
|
acres
|
|
|
|
acres
|
(2) Land with resource restrictions and resource protection land. All
land within the base site area shall be mapped and measured for the
purpose of determining the amount of land that is nonbuildable due
to the presence of natural resources. First, indicate the entire amount
of natural resources that exist on the tract. Calculate the amount
of land containing the natural resource that is required to be preserved
by multiplying the amount of land in resource by the resource protection
ratio. In the event that two or more natural resources overlap, only
the resource with the highest protection ratio shall be used in the
calculations.
(a)
The following standards shall apply to all zoning districts,
unless the tract of land is less than 20 acres in size and located
in the RA Zoning District:
Resource
|
Resource Protection Ratio
|
|
Acres of Land in Resource
|
|
Acres of Resource Protection Land
|
---|
Floodplain
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Floodplain
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Floodplain soils
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Lakes or ponds
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Riparian buffer
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Wetlands
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Wetlands margins
|
0.80
|
X
|
_____
|
=
|
_____ acres
|
Lake or pond shorelines
|
0.80
|
X
|
_____
|
=
|
_____ acres
|
Steep slopes
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
|
(25% or more)
|
0.85
|
X
|
_____
|
=
|
_____ acres
|
|
(15% to 25%)
|
0.70
|
X
|
_____
|
=
|
_____ acres
|
|
(8% to 15%)
|
0.60
|
X
|
_____
|
=
|
_____ acres
|
Watercourse
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Woodlands
|
|
|
|
|
|
|
Environmentally sensitive
|
0.90
|
X
|
_____
|
=
|
_____ acres
|
|
Other
|
0.80
|
X
|
_____
|
=
|
_____ acres
|
Total land with resource restrictions
|
|
|
|
|
_____ acres
|
Total resource protection land
|
|
|
|
|
_____ acres
|
(b)
For all tracts of land on the RA District which are 20 acres
or greater in size, the following standards shall apply:
Resource
|
Resource Protection Ratio
|
X
|
Acres of Land in Resource
|
=
|
Acres of Resource Protection Land
|
---|
Prime farmland
|
0.50
|
X
|
_____
|
=
|
_____ acres
|
Watercourses
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Floodplain
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Floodplain soils
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Lakes or ponds
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Riparian buffer
|
1.00
|
X
|
_____
|
=
|
_____ acres
|
Wetlands margins
|
0.80
|
X
|
_____
|
=
|
_____ acres
|
Lake or pond shorelines
|
0.80
|
X
|
_____
|
=
|
_____ acres
|
Steep slopes
|
|
X
|
_____
|
=
|
_____ acres
|
|
(25% or more)
|
0.85
|
|
|
|
|
|
(15% to 25%)
|
0.70
|
|
|
|
|
|
(8% to 15%)
|
0.60
|
|
|
|
|
Woodlands
|
|
X
|
_____
|
=
|
_____ acres
|
|
Environmentally sensitive
|
0.90
|
|
|
|
|
|
Others
|
0.60
|
|
|
|
|
Total land with resource restrictions
|
|
X
|
_____
|
=
|
_____ acres
|
Total resource protection land
|
|
|
|
|
_____ acres
|
(3) Net buildable site area. Calculate the net buildable site area:
|
Base site area
|
- _____ acres
|
|
Subtract resource protection land
|
- _____ acres
|
|
Net buildable site area
|
- _____ acres
|
Note: Calculation of NBSA is required only for those residential uses with a specified density requirement. Skip to Subsection B(5) when the proposed use is nonresidential or does not have a maximum density requirement.
|
(4) Number of dwelling units/lots. Calculate the maximum number of dwelling
units:
|
Net buildable site area
|
= _____ acres
|
|
Multiply by applicable density1
|
_____ acres
|
|
Maximum allowable dwelling units2
|
_____ dwelling acres
|
|
NOTES:
|
---|
|
1
|
If applicable sections of this chapter do not specify an allowable
maximum density, this section shall not be applicable. The number
of lots shall be determined by the tract area remaining after subtraction
of the required open space and resource protection areas.
|
|
2
|
For cluster subdivisions, maximum number of units shall not exceed the requirements of § 195-16, Use B2.
|
(5) Open space requirements.
(a)
Common open space (COS). Twenty percent common open space area
shall be provided in all subdivisions and land developments identified
as major subdivisions and land developments in the Subdivision and
Land Development Ordinance, and shall contain no more than 70% land with natural resource
restrictions.
|
Base site area [Subsection B(1) above]
|
x _____ acres
|
|
Multiply by common open space ratio3
|
= _____
|
|
Common open space
|
_____
|
|
NOTES:
|
---|
|
3
|
Ratio shall be 0.20 unless otherwise specified in § 195-15 or 195-16.
|
(b)
Active open space (AOS) shall be provided as required in Article
III (§
195-16). [NOTE: Active open space shall not contain land with natural resource restrictions.]
|
Required active open space pursuant to § 195-164
|
_____ acres
|
|
NOTES:
|
---|
|
4
|
Applicable for residential uses only. Minimum 2.5 acres.
|
(c)
Total required open space.
|
Common open space
|
+ _____ acres
|
|
Add active open space
|
= _____
|
|
Total required open space
|
_____ acres
|
(6) Site capacity summary.
|
Net buildable site area [Subsection B(3)]
|
_____ acres
|
|
Maximum number of dwelling units/lots [Subsection B(4)]
|
_____ units
|
|
Total required open space [Subsection B(5)]
|
_____ acres
|
Buffering serves to soften the outline of buildings, screen
glare and noise, and create a visual and/or physical barrier between
conflicting land uses.
A. The extent of buffering required shall be determined by the type
of use proposed and the adjacent uses or streets surrounding the proposed
development. The impact of the proposed use on adjoining properties
is the basis for establishing buffer yard standards.
B. To determine the required buffer yard and planting schedule, a three-step
procedure shall be followed.
|
Step 1:
|
Site analysis and determination of buffer yard class
|
|
Step 2:
|
Selection of the planting option for the buffer class
|
|
Step 3:
|
Selection of the plant materials from the plant materials list
|
(1) Site analysis and determination of buffer yard class. For each property boundary, the applicant shall determine the adjacent land use or street classification. Land use information shall be determined by an on-site survey. Chapter
163, Subdivision and Land Development, shall be utilized to determine street classifications (refer to Appendix). The applicant shall match the proposed land use with
the corresponding adjacent land use, Zoning District, or street classification
for each property boundary (refer to Table 1). The letter indicates the buffer yard class, unless otherwise specified for a specific use set forth at §
195-15 or
195-16.
[Amended 3-7-2011 by Ord. No. 2011-1]
(2) Selection of the planting option for the buffer class.
(a)
After determining the buffer class, the applicant shall select
a planting option from Table 2. For each buffer class, several planting options are available,
one of which the applicant shall select to meet the buffer yard requirement
for each boundary. The Board of Supervisors may consider an alternative
planting option and/or use of solid fencing which shall have a screening
capability equal to, or greater than, any of the available options.
(b)
The options included indicate the amount of plant material that
is required per linear foot of property line. Plantings are not required
to be aligned on property or right-of-way boundaries, but may be located
on any appropriate portion of the buffer yard. Grouping of plant materials
is encouraged, except where a solid screen is desirable.
(3) Selection of plant materials from the plant materials list. Each
planting option may utilize plant materials outlined in the Subdivision
and Land Development Ordinance. The Board of Supervisors may permit other planting types
if they are hardy to the area, are not subject to blight or disease,
and are of the same general character and growth habit as those listed
in the Subdivision and Land Development Ordinance. Solid fencing may
also be used when approved by the Board of Supervisors.
(4) The applicant may be relieved of the requirement to install buffer
yard plantings should existing vegetation, topography, or man-made
structures be deemed acceptable for screening purposes by the Board
of Supervisors.
C. Planting materials shall be in accordance with the planting requirements and acceptable plant lists set forth in the Warwick Township Subdivision and Land Development Ordinance (Chapter
163 of this Code).
D. General buffer yard requirements.
(1) The buffer yard may be coterminous with required front, side, or
rear yards and, in case of conflict, the larger yard requirements
shall apply.
(2) All buffer yards shall be maintained and kept clean of all debris,
rubbish, weeds, and tall grass in conformance with existing regulations.
(3) No structure, manufacturing, or processing activity, parking or other paved surfaces, or storage of materials shall be permitted in the buffer yard except access driveways and fences permitted pursuant to §
195-16B(12) of this chapter.
[Amended 6-18-2018 by Ord. No. 2018-1]
(4) At a minimum, a Class B buffer shall be maintained along each side
and/or rear property line where other than a B1 residential use directly
abuts an existing residential use.
(5) Planting design. It is encouraged that plant materials in buffer
yards be planted in natural clusters that will give privacy but do
not block views or vistas. The exception shall be commercial or industrial
uses bordering residential uses where a dense, visual screen is encouraged.
(6) The buffer yard may be part of the open space area or individual
lots.
(7) Prior to the issuance of any zoning permit, complete plans showing
the arrangement of all buffer yards, the placement, species and size
of all plant materials, and the placement, size, materials, and type
of all fences to be placed in such buffer yard shall be reviewed by
the Zoning Officer, Township Engineer, and/or Planning Commission
(where applicable) to ascertain that the plans are in conformance
with the terms of this chapter.
In the event that an applicant proposes to alter, clear, or regrade an area of woodlands in excess of the maximum permitted by §§
195-60 and
195-61, the applicant shall be required to reforest the area of woodlands which was required to be preserved and shall not develop or disturb any portion of the reforested area. Reforestation of the lot is in accordance with the following formula:
A. The total number of caliper-inches of the trees to be removed, in
excess of the 20% permitted by right, shall be determined.
B. The resulting figure shall be multiplied by 0.80 to determine the
total number of caliper-inches to be replaced on the lot.
C. The amount of caliper-inches determined in Subsection
B above shall then be divided by three to determine the total gross number of trees to be planted on the lot for reforestation.
D. Replacement trees shall meet the following specifications:
(1) Trees shall meet the following minimum size requirements:
(a)
Deciduous trees shall be a minimum of three inches to 3 1/2
inches in caliper (meeting the American Association of Nurserymen
specifications).
(b)
Coniferous trees shall be a minimum of eight feet to 10 feet
in height.
(2) The types of trees to be planted shall be selected on the basis of
the tree list and guidelines found in this article. Trees shall be
compatible with existing forest association.
(3) Up to 25% of the new trees to be planted may be of the coniferous
variety.
(4) Where 25 or more trees need to be planted to meet the reforestation
requirements, a minimum of three tree species shall be planted.
E. Trees required to be planted under these reforestation procedures
shall be in addition to any street trees or buffer requirements which
this article or any other applicable ordinance shall require.
F. Replacement trees may be dispersed throughout the proposed development
or throughout Warwick Township at locations approved by the Board
of Supervisors.
[Amended 6-18-2018 by Ord. No. 2018-1]
G. Zoning permits shall be required for the removal of any trees protected by §§
195-60 and
195-61.
H. Commercial forestry operations shall be defined and regulated by §
195-16A(5) of this chapter. Additionally, no permit shall be required for the removal or clearing of nursery stock in the normal operation of a nursery where trees or shrubs are raised for sale and where such nursery is a permitted use.
There shall be no emission of odorous gases or other odorous
matter in such quantities as to be offensive at a lot boundary line.
Any process which may involve the creation or emission of any odors
shall be provided with a secondary safeguard system, so that control
will be maintained if the primary safeguard system should fail. There
is hereby established as a guide in determining such quantities of
offensive odors Table 1 (Order Thresholds in Air), Research on Chemical
Odors: Part I - Order Thresholds for 53 Commercial Chemicals, October
1968, Manufacturing Chemists' Association, Inc., Washington, D.C.
There shall be no activities which emit dangerous radioactivity
at any point. There shall be no electrical disturbance, except from
domestic household appliances, adversely affecting the operation at
any point of any equipment other than that of the creator of such
disturbance.
This section provides for the regulation of intense heat and
glare, specifically for outside lighting to reduce the intensity to
the minimum required for safety and commercial purposes and to reduce
to an absolute minimum the spillover of light and glare, horizontally
and skyward for persons on adjacent properties, roads, operators of
motor and other types of vehicles and pedestrians.
A. Standards.
(1) All zoning districts of the Township:
(a)
This chapter shall apply when exterior lighting is first installed
or substantially modified. Cumulative modification or replacement
of exterior lighting constituting 25% or more of the permitted lumens
for the parcel, no matter the actual amount of lighting already on
a nonconforming site, shall constitute a substantial modification
for purposes of this section.
(b)
An exterior lighting plan is required to be submitted for the
Township's review and approval whenever an application for a zoning
permit, building permit, or land development is made. The lighting
plan must include all the information necessary for the Township to
ensure that the outdoor lighting complies with the requirements of
this section, and prior to issuance of a zoning permit and construction
of the outdoor lighting installation. The submission shall contain,
but shall not necessarily be limited to, the following:
[1]
Plans indicating the location on the premises of each illuminating
device, both proposed and any already existing, on the site;
[2]
Description of all illuminating devices, fixtures, lamps, supports,
reflectors, both proposed and existing. The description may include,
but is not limited to, catalog cuts and illustrations by manufacturers
(including sections where required);
[3]
Photometric data, such as that furnished by manufacturers or
similar data showing the angle of cutoff of light emissions; and
[4]
Descriptions and data sufficiently complete to enable the official
or reviewer to readily determine whether compliance with the requirements
of this chapter will be secured. If such plans, descriptions and data
cannot enable this ready determination, the application shall additionally
submit as evidence of compliance to enable such determination such
certified reports of tests as will do so, provided that these tests
shall have been performed and certified by a recognized testing laboratory.
(c)
Any operation producing intense heat shall be performed within
an enclosed building or behind adequate shielding in such manner as
not to create a nuisance to those working or living in the area.
(d)
Parking, loading, ingress and egress areas of commercial, industrial,
office, institutional, and multifamily uses shall be provided with
a minimum of 0.9 footcandle (with corresponding uniformity ratios
for maximum to minimum and average to minimum of 20:1 and 4:1 respectively)
of illumination at any point on the intended area on the ground consistent
with the use.
(e)
All outside lighting shall be directed such that the projected
light and glare are within property or lighting area lines with the
cutoff angle arranged to avoid projecting light on adjacent properties,
roads or skyward. Cutoff angles shall not exceed 72° from the
vertical.
(f)
All luminaries shall be designed or equipped with shielding
so that the light source (bulb, filament, etc.) within the luminaire
is not visible outside the intended illuminated area. The intended
illuminated area shall not extend beyond the boundaries of the property
on which the light source is located.
(g)
The spacing and height of poles should be designed to provide
uniform ground illumination with a minimum number of poles and the
lowest possible height of poles while minimizing stray light outside
the intended lighted area and skyward. The maximum pole height for
residential areas shall be 12 feet; parking lots for commercial and
institutional areas shall be 20 feet; and 25 feet for parking lots
in industrial areas. Lighting, other than parking lot lighting, for
commercial, institutional, and industrial areas shall not exceed 16
feet in height. The height of poles on state highways shall be governed
by PennDOT requirements.
(h)
The use of energy-efficient lighting sources is encouraged.
Where possible, outside lighting sources should be timer and photocell
controlled. With this arrangement, the "on" time is set first by a
timer and then by photocell with the timer determining the "off" time.
Motion-sensitive lighting shall be used on site where possible.
(i)
Structural lighting for commercial, industrial, institutional
and residential properties shall be designed such that luminaries
are directed at the structure as opposed to lighting from the structure
outward with a minimum of stray light. Light source shielding and
cutoff requirements must meet the requirements of this section.
(j)
The use of searchlights, laser source lights, strobe lights,
flashing lights and similar high-intensity lighting is prohibited
unless required by civil authorities.
(k)
Lights for sports and recreational uses, including recreational
uses accessory to residential uses, must comply with the requirements
of this chapter as well as the Pennsylvania Uniform Construction Code
as adopted by Warwick Township. The permit application requesting lights for sports and
recreational uses shall include a design plan.
(l)
All nonresidential uses shall apply outside lighting at dusk,
and lighting shall be turned off or greatly reduced during the hours
when the use is closed for business.
(m)
Except as otherwise permitted in this section, the incident
illumination spill projected onto any nonresidential property from
another property shall not exceed 0.2 vertical footcandle, measured
at grade at the common property line, and the intensity of illumination
projected onto a residential property from another property shall
not exceed 0.1 vertical footcandle, measured at grade at the common
property line. The intensity of illumination projected onto adjoining
public roadways shall not exceed 0.5 vertical footcandle.
(n)
Lighting standards to the rear of the parking spaces shall be
placed a minimum of five feet outside paved areas; on concrete pedestals
at least 30 inches above the pavement; or suitably protected by other
means approved by the Township.
(o)
Lighting exempt from these regulations:
[1]
Lighting in swimming pools and other water features governed
by Article 680 of the National Electric Code.
[2]
Exit signs and other illumination required by building codes.
[3]
Lighting for stairs and ramps, as required by the building codes.
[4]
Signs are regulated by Article
XXII, but lighting for all signs shall be fully shielded.
[5]
Holiday and temporary lighting (less than 30 days in a calendar
year).
[6]
Low-wattage, low-intensity landscape lighting is exempt from
this requirement providing stray light does not infringe on adjacent
or nearby properties or roads.
(p)
Luminaires which do not meet the strict definition for cutoff
luminaires, yet employ advanced or alternative technology which causes
the photometric performance to approach that of cutoff luminaires,
may be approved by the Township on a case-by-case basis. Such luminaires
include, but are not limited to, period-style luminaires with refractive
globes and internal cutoff reflectors.
(2) Additional requirements:
(a)
Residential security lighting.
[1]
All security lighting fixtures shall be shielded and aimed so
the illumination is directed at only to the designated area and not
cast on other areas. In no case may the light extend past the property
line nor shall lighting be directed above a horizontal plane through
the top of the fixture, and said fixture shall include shields that
prevent the light source or lens from being visible from the adjacent
properties, roadways and sidewalks.
[2]
All residential security lighting shall include primers and
motion sensors to be designed to be off unless triggered or such triggering
shall be limited to movement occurring exclusively on the subject
property. Once triggered, security lighting shall remain on for not
more than five minutes without manual intervention.
(b)
Residential lighting.
[1]
The use of general floodlighting fixtures for other than occasional
use shall be prohibited. All residential spot or floodlamps are to
be aimed at no higher than 60° below horizontal. In no case shall
the spot or floodlamp be aimed above the roof eave.
[2]
The light source or bulb for all exterior lights shall not be
directly visible from the adjacent properties or roadways.
[3]
Temporary seasonal lighting displays are permitted; however,
flood or spotlighting associated with such displays must conform with
this chapter.
[4]
All lighting in model or sample homes, except security lights
illuminated by a motion detector, shall be turned off within one hour
of the sample or model home closing for the day or 9:00 p.m. prevailing
time, whichever is earlier.
[5]
Only low-output, fully shielded, luminaires may be utilized
for landscape lighting, and the use of spotlights or floodlights is
specifically prohibited. Lighting fixtures shall not be directed towards
adjacent streets or roads nor shall they contribute glare, disabling
glare, discomfort player, light trespass, or sky glow.
(c)
Private outdoor recreation lighting.
[1]
Outdoor lighting of private tennis courts and sports courts
shall be permitted only by conditional use. The applicant shall bear
the burden of proving that the proposed lights do not impact or offend
abutting property owners or the community in general. In no case may
such lights be placed on properties of less than three acres and in
no case may the light be closer than 200 feet to the nearest property
line. The Board of Supervisors may, at its sole discretion, require
the addition of buffer plantings or exercise other options to minimize
the impact lights have on neighboring properties, roads, and/or the
community at large.
[2]
All luminaires shall be designed or equipped with shielding
so that the light source (bulb, filament, etc.) within the luminaire
is not visible outside the intended illuminated area. The intended
illuminated area shall not extend beyond the boundaries of the property
on which the light source is located. All light shall be limited to
15 feet in height and be extinguished by 10:00 p.m. Lighting fixtures
shall be specified, mounted and aimed so that their beams fall within
the primary playing area and immediate surroundings, and so that no
direct illumination is directed off the site.
(d)
Outdoor sports and recreational lighting. These regulations
apply to all sports and recreational facilities including, but not
limited to, ball fields, ballparks, stadiums, tennis courts, basketball
courts, soccer fields, recreation fields, swimming pools, skating
rinks, golf driving ranges, golf courses, and the like. Where permitted,
the outdoor lighting of sports and recreational facilities shall comply
with the following requirements:
[1]
The requirements of this subsection apply to all outdoor lighting
installations employed for nighttime area illumination of sports and
recreational facilities. All sports and recreational facilities shall
be illuminated with the following two systems:
[a] Performance area lighting. This is the lighting
directed upon the field, court, rink, etc., to illuminate the sports/recreational
activity taking place upon/within that facility. The maximum permitted
post height for the performance area lighting is 60 feet. Post height
shall be limited to minimum height necessary to meet the performance
area lighting needs of that specific sports/recreational use as determined
by the Township.
[b] General area lighting. This is a low-level lighting
system used to facilitate pedestrian circulation, patrons leaving
the facility, cleanup, nighttime maintenance, etc. General area lighting
shall meet all of the requirements listed above.
[2]
Use of cutoff luminaires required. All luminaires employed in
outdoor sports and recreational lighting installations shall be the
cutoff luminaire type unless the performance area lighting needs of
the sports/recreational use cannot be met through the use of cutoff
luminaries, as determined by the Township.
[3]
Use of glare shields required for noncutoff luminaire types.
Where noncutoff luminaires such as floodlights must be used to meet
the lighting design objectives for the performance area lighting,
the luminaires shall be equipped with glare shields, visors, barn
doors, and other similar shielding accessories as required to meet
the following criteria:
[a] The candlepower distribution from all lighting
installations shall be cutoff at and above the horizontal (level).
[b] To the extent practicable, the candlepower distribution
from all lighting installations shall be further cutoff at angles
below the horizontal (level) to restrict direct illumination to within
the performance area being illuminated for sports and recreation purposes.
[c] No direct illumination shall project off the property.
[4]
Design submittal and approval requirements. The design for all
outdoor sports and recreation lighting installations shall be submitted
for review and approval by the Township.
[5]
All outdoor sports and recreation lighting shall be extinguished
between 10:00 p.m. and 7:00 a.m. on Sunday through Thursday nights
and between 11:00 p.m. and 9:00 a.m. on Friday and Saturday nights
and nights preceding federal holidays. In addition, the performance
area lighting shall be turned off no more than 30 minutes after the
end of the event or use of the sports/recreational facility.
(3) Communication towers. Communications tower lighting is prohibited
unless required by the FCC (Federal Communications Commission) or
FAA (Federal Aircraft Administration) regulations.
(4) Temporary lighting. Unless the lighting poses a risk to the health,
safety, and welfare, temporary or seasonal lighting (except as prohibited
elsewhere in this chapter for residential uses) is exempt from these
regulations. Unless the lighting poses a risk to the health, safety
and welfare, temporary commercial activities such as carnivals are
also exempt if the temporary commercial activity lasts no more than
10 consecutive days' use.
(5) Nuisance prohibition. All outside lighting, including sign lighting,
shall be directed in such a way as not to create a nuisance in any
agricultural, institutional, or residential area. In all areas of
the Township, all lighting shall be arranged so as to protect the
street or highway and adjoining properties from direct glare or hazardous
interference of any kind. All luminaires shall be equipped with a
glare-shielding device.
(6) Light source covering. All luminaires and light sources shall be
covered so that the source of light is not visible from any adjacent
property.
(7) Overlay districts. Properties in overlay districts may also be subject
to additional lighting requirements of overlay districts.
Every use requiring power shall be so operated that the service
lines, substation, etc., shall conform to the highest safety requirements
known, shall be so constructed or installed as to be an integral part
of the architectural features of the plant or, if visible from abutting
residential properties, shall be concealed by coniferous planting.