[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
Except as provided by law or in this Ordinance, in each district
no building, structure, or land shall be used or occupied except for
the purpose permitted in the zoning districts as indicated in Articles
III, IV, V, VI, and VII herein.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
All uses permitted by right, conditional approval, or special
exception shall be subject, in addition to use regulations, to such
regulations of yard, lot size, lot width, building area and height,
impervious surfaces, easements, buffer yards, off-street parking,
and such other provisions as are specified in other Articles herein.
In particular, the laws of the Commonwealth and the regulations
of the Bucks County Department of Health regarding waste disposal
shall be adhered to. Further, no zoning permit shall be issued until
approval is obtained from the Bucks County Department of Health for
sewage disposal, unless the premises are served by public water and/or
sewage facilities.
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted
6/18/2007.]
A. Temporary
Residential Use. 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 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.
B. Nonconforming Temporary Use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of §
803, Temporary Structure, Use H-7.
[Amended effective 5/13/2002 by JMZO Ord. 2002-05, § 1;
adopted 5/8/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-1,
Article III; adopted 11/20/2002. Amended effective 12/16/2002 by JMZO
Ord. 2002-12, § 1; adopted 12/11/2002. Amended effective
11/25/2002 by JMZO Ord. 2002-13, §§ I and II; adopted
11/20/2002. Amended effective 12/15/2003 by JMZO Ord. 2002-10, §§ A,
B; adopted 12/10/2003. Amended effective 6/28/2004 by JMZO Ord. 2004-5,
§ 11; adopted 6/23/2004. Amended effective 8/28/2004 by
JMZO Ord. 2004-14, §§ 12 - 14; adopted 8/23/2004. Amended
effective 4/18/2005 by JMZO Ord. 2004-17, §§ 01 - 03;
adopted 4/13/2004. Amended effective 3/28/2005 by JMZO Ord. 2004-18,
Art. I; adopted 3/23/2005. Amended effective 6/10/2006 by JMZO Ord.
2006-01, §§ I - III; adopted 6/5/2006. Amended effective
8/14/2006 by JMZO Ord. 2006-07, § 01; adopted 8/9/2006.
Amended effective 10/2/2006 by JMZO Ord. 2006-09, § XI;
adopted 9/27/2006. Amended effective 8/14/2006 by JMZO Ord. 2006-12,
§ I; adopted 8/9/2006. Amended effective 12/23/2006 by JMZO
Ord. 2006-13, § 1; adopted 12/18/2006. Readopted effective
6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective
5/7/2007 by JMZO Ord. 2006-04, §§ 1 and 2; adopted
5/2/2007. Amended effective 10/29/2007 by JMZO Ord. 2006-05, § 1,
2, and § 3; adopted 10/24/2007. Amended effective 7/23/2007
by JMZO Ord. 2006-06, § 2; adopted 7/18/2007. Amended effective
7/23/2007 by JMZO Ord. 2006-20, § 7; adopted 7/18/2007.
Amended effective 6/16/2008 by JMZO Ord. 2007-05, §§ 01,
02; adopted 6/11/2008. Amended effective 10/11/2008 by JMZO Ord. 2008-08, § 01;
adopted 10/6/2008. Amended effective 12/22/2008 by JMZO Ord. 2008-09,
§ 02; adopted 12/17/2008. Amended effective 9/27/2010 by
JMZO Ord. 2010-02, § 03; adopted 9/22/2010.]
A.
Principal Agricultural Uses. Agriculture is an ever-evolving industry.
It is the intention of this Section to allow all normal agricultural
operations including, but not limited to, the following:
A-1. Agriculture and Horticulture. Agriculture and horticulture shall
include uses such as tilling of soil; raising of livestock, horses,
or poultry; growing trees, shrubs, flowers, or vegetables; and related
farmhouses and usual farm buildings, provided:
1. Farm Unit. Single-family detached dwelling for the sole use of individuals,
and their immediate families, engaged in agricultural employment on
the same site, or for the immediate family of the landowner. This
use is subject to the following provisions:
a.
One dwelling unit per full time employee is permitted, at a
net density of 0.033 dwelling units per acre, with a maximum of three
dwelling units per 100 acres.
b.
One dwelling unit per immediate family member is permitted,
at a net density of 0.04 dwelling units per acre, with a maximum of
four dwelling units per 100 acres. Immediate family members shall
be limited to fathers, mothers, brothers, sisters, sons and daughters.
c.
This use shall require a minimum lot size of one acre. The municipality
shall deduct one acre from the gross site area upon the issuance of
a building permit for each such use. Each dwelling shall be separated
from the next by a minimum of 100 feet. No dwelling shall be constructed
closer than 50 feet to any property line.
d.
When this use is proposed, the maximum number of units permitted
pursuant to (a) and (b) shall be determined. The remaining gross site
area shall be deed restricted to those uses permitted in the CM District;
and to the maximum number of Farm Units permitted less the number
of Farm Units proposed. Said deed restriction shall be approved by
the municipal solicitor.
2. Accessory Farm Buildings. All buildings associated with this use,
i.e., barns, sheds, silos, etc., shall be permitted provided:
a.
Animal shed, manure storage, or like use shall not be located
any closer than 100 feet to any property line or closer than 200 feet
to any street line or dwelling other than a farm unit.
b.
Other accessory farm buildings shall be located no closer than
75 feet to any property line.
3. Livestock and Poultry.
a.
Livestock.
(1)
Livestock shall not be permitted to over-graze any property
in the Jointure Municipalities except during the winter months of
November through February. Over-grazing shall be defined as grazing
to the point of removing all or almost all vegetative growth from
the ground, leaving only one inch or less of cover.
(2)
The keeping of animals other than pets on 10 acres or more of
contiguous land shall be governed by Pennsylvania Act 38 of 2005,
as may be amended, known as the Agriculture, Communities and Rural
Environment Act ("ACRE").
(3)
The keeping of grazing animals including, but not limited to,
horses, cows, goats and sheep, on contiguous land consisting of less
than 10 acres but greater than three acres, shall be limited to no
more than one unit of grazing animals as defined on the first three
acres of contiguous land, and one unit of grazing animals per acre
for each contiguous acre over three acres.
(4)
The keeping of non-grazing animals including, but not limited
to, pigs, on contiguous land consisting of less than 10 acres but
greater than three acres, shall be limited to no more than five head
of non-grazing animals on the first three acres of contiguous land,
and five head of non-grazing animals per acre for each contiguous
acre over three acres.
(5)
The keeping of non-grazing animals, including but not limited
to pigs, on contiguous land consisting of three acres or less shall
be limited to five head of non-grazing animals.
(6)
The keeping of both grazing and non-grazing animals on the same
acreage described above will be limited to the maximum number of grazing
and non-grazing animals for the acreage provided in the preceding
paragraphs.
(7)
Riding academies, livery or boarding stables, and commercial
dog kennels, and the raising of fur-bearing animals are not included
in this provision and must meet the requirements of uses A-4 or A-5,
as applicable, herein.
(8)
All pastures for grazing livestock shall be fenced along paddock
lines of sufficient height and type to contain livestock on the property.
The maximum height provisions governing fences in the front yard set
forth in §§ 803.H-3.1.a. and 803.H-3.1.e. of this Ordinance
shall not apply to the keeping of livestock.
(9)
All non-grazing animals shall be kept in defined enclosures
or areas of a type to contain the non-grazing animals on the property.
(10) Commercial livestock operations involving more
than the number of head of livestock provided for in § 803.A-1.3.a
shall be regulated as Intensive Agriculture, Use A-2.
b.
Poultry.
(1)
The keeping of poultry shall be limited to lots which contain
at least three acres of land, and shall be limited to no more than
25 head of poultry for the first three acres and up to 25 additional
head of poultry per acre up to 10 acres.
(2)
Commercial poultry operations involving more than 25 head of
poultry per acre shall be regulated as Intensive Agriculture, use
A-2.
(3)
All poultry shall be kept in defined enclosures or areas of
a type to contain the poultry on the property. The maximum height
provisions governing fences in the front yard set forth in §§ 803.H-3.1.a
and e. shall not apply to the keeping of poultry.
c.
Exemption. Members of youth programs sponsored and organized
for the purpose of agricultural education and involving traditional
agricultural animals, are hereby exempted from the provisions of this
subsection 3, during the keeping and raising of traditional agricultural
animals within the parameter of the youth programs.
d.
Pets, Accessory to Residential Use. The keeping of animals as
pets, accessory to a residential use, will be governed by ordinance
enacted by the participating municipalities.
4. Parking. No less than two off-street parking spaces per dwelling
unit and one space per two employees.
5. Aquaculture. Aquaculture is defined as the farming of aquatic organisms
including fish, mollusks, crustaceans and aquatic plants with some
sort of intervention in the rearing process to enhance production,
such as regular stocking, feeding, protection from predators, etc.
Aquaculture also encompasses individual or entity ownership of the
organism being reared, harvested and/or cultivated in contrast to
capture fisheries in which aquatic organisms are exploited as a common
property source, irrespective of whether harvest is undertaken with
or without exploitation rights. Aquaculture is permitted as part of
an agriculture and horticulture use; provided that:
a.
A minimum one-hundred-foot setback shall be provided between
any adjoining property/structure and any tank, pond, body of water
or other structure built or used in relation to an aquaculture operation
activity.
b.
All required federal, state, and county permits have been obtained
to the satisfaction of the Township.
A-2. Intensive Agriculture. Intensive agriculture, including but not limited
to feedlots, confinement livestock, or poultry operations taking place
in structures or closed pens, shall be permitted subject to the following:
1. The minimum site area for such use shall be 10 acres.
2. Dwellings and accessory farm buildings shall be permitted in accordance
with the regulations for Agriculture and Horticulture, Use A-1.
3. The maximum permitted impervious surface ratio of the site shall
be 20%.
4. All applicable regulations of the Pennsylvania Department of Environmental
Protection shall be met.
5. If any stream or swale is present, it shall be buffered by a twenty-foot
strip outside of the outer edge of the floodplain or alluvial soils.
An engineering study shall be required insuring the stream is adequately
protected from pollution.
6. Parking. No less than one off-street parking space per two employees.
A-3. Forestry.
1. Policy; Purpose. In order to preserve forests and the environmental
and economic benefits they provide, it is the policy of the Participating
Municipalities to encourage the owners of forest land to continue
to use their land for forestry purposes, including the long-term production
of timber, recreation, wildlife and amenity values. The forestry regulations
contained herein are intended to further this policy by (1) promoting
good forest stewardship; (2) protecting the rights of adjoining property
owners; (3) minimizing the potential for adverse environmental impacts;
and (4) avoiding unreasonable and unnecessary restrictions on the
right to practice forestry.
2. Scope; Applicability. A zoning permit shall be required for all forestry
activities, however, an individual property owner need not obtain
a permit to cut a tree or trees as part of normal home maintenance
and upkeep, and the following activities are specifically exempted
from the permit requirement:
a.
Removal or diseased or dead trees.
b.
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.
c.
Removal of up to five trees per single acre of woodlands per
year which are 12 inches or more in diameter, measured at a point
four feet above grade, and not covered by the exemptions in the foregoing
two subsections.
d.
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 30 feet
of such building, structure or use, and all space within 10 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.
e.
Pulp farming, in checkerboard fashion not to exceed 50% of the
total area of the forest on the lot. The areas cut shall be reforested.
h.
Removal of Nursery Stock.
3. Definitions. As used herein, the following terms shall have the meanings
given them in this Section.
a. "Clear
cutting" means the removal and cutting of an entire timber stand.
b. "Felling"
means the act of cutting a standing tree so that it falls to the ground.
c. "Forestry"
means the management of forests and timberlands when practiced in
accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. Clear cutting
or selective cutting of forest lands for a land use change are excluded
from this definition.
d. "Landing"
means a place where logs, pulpwood or firewood are assembled for transportation
to processing facilities.
e. "Litter"
means discarded items not naturally occurring on the site such as
tires, oil cans, equipment parts and other rubbish.
f. "Lop"
means to cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
g. "Operator"
means an individual, partnership, company, firm, association or corporation
engaged in forestry activities, including the agents, subcontractors
and employees thereof.
h. "Landowner"
means an individual, partnership, company, firm, association or corporation
that is in actual control of forest land, whether such control is
based on legal or equitable title, or on any other interest entitling
the holder to sell or otherwise dispose of any or all of the timber
on such land in any manner, and any agents thereof acting on their
behalf, such as forestry consultants, who set up and administer forestry
activities.
i. "Precommercial
timber stand improvement" means a forest practice, such as thinning
or pruning, which results in better growth, structure, species composition,
or health for the residual stand but which does not yield a net income
to the landowner, usually because any trees cut are of poor quality,
too small or otherwise of limited marketability or value.
j. "Skidding"
means dragging trees on the ground from the stump to the landing by
any means.
k. "Slash"
means woody debris left in the woods after logging, including logs,
chunks, bark, shavings, woodchips, branches, uprooted stumps and broken
or uprooted trees or shrubs. Stumps shall be cut to within six inches
of the ground.
l. "Stand"
means any area of forest vegetation whose site conditions, past history
and current species composition are sufficiently uniform to be managed
as a unit.
m. "Stream"
means any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
n. "Timber
harvesting, Tree harvesting or Logging" means the processing of cutting
down trees and removing logs from the forest for the primary purpose
of sale or commercial processing into wood products.
o. "Top"
means the upper portion of a felled tree that is unmerchantable because
of small size, taper or defect.
4. Permit; Preparation of a Forestry/Logging Plan.
a.
Permit. All forestry operations shall require a zoning permit
from the Township and shall meet all requirements of subsections four
and five of this Article before issuance of the permit.
b.
Notification of Commencement or Completion. For all forestry
operations the landowner shall notify the Township Enforcement Officer
at least 10 business days before the operation commences and within
five business days before the operation is complete. The landowner
whose land is to be harvested shall provide at least fourteen days'
written notice to all property owners within 500 feet of the site
of the harvest. No forestry operations shall occur until the notices
have 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 and/or
completion dates of the operation.
c.
Logging Plan. Every landowner on whose land forestry operations
is to occur shall prepare a written logging plan in the form specified
by this Ordinance. No forestry operation shall occur until the plan
has been prepared. The provisions of the plan shall be followed throughout
the operation. The plan shall be available at the harvest site at
all times during the operation and shall be provided to the Township
Enforcement Officer upon request.
d.
Responsibility for Compliance. The landowner and the operator
shall be jointly and severally responsible for complying with the
terms of the logging plan.
5. Contents of the Forestry/Logging Plan.
a.
Minimum Requirements. As a minimum, the logging plan shall include
the following:
(1)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landing;
(2)
Design, construction and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips and
water bars;
(3)
Design, construction and maintenance of stream and wetland crossings;
(4)
The Forestry Management Plan must provide for a selective cut
which will maintain the diversity of species, age and height of the
forest with emphasis on the preservation of endangered native tree
species.
(5)
Copies of all required permits shall be submitted as an appendix
to the plan;
(6)
Proof of current general liability and/or worker's compensation
insurance;
(7)
Proof of PennDOT Highway Occupancy Permit or Township Driveway
Permit for temporary access, as applicable;
(8)
Copy of Bucks County Conservation District "Letter of Adequacy"
for the proposed erosion control facilities, including associated
plans, reports and other permits as required.
b.
Map. Each forestry/logging plan shall include a site map containing
the following information:
(1)
Site location and boundaries, including both the boundaries
of the property on which the forestry will take place and the boundaries
of the proposed harvest area within that property;
(2)
Significant topographic features related to potential environmental
problems;
(3)
Location of all earth disturbance activities such as roads,
landings and water control measures and structures;
(4)
Location of all crossing of waters of the Commonwealth; and
(5)
The general location of the proposed operation to municipal
and state highways, including any accesses to those highways.
c.
Compliance with State Law. The forestry/logging plan shall address
and comply with requirements of all applicable state laws and regulations
including, but not limited to, the following:
(1)
Erosion and sedimentation control regulations contained in 25
Pa.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 Pa.Code, Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act, 32 P.S. § 693.1 et seq.; and
(3)
Stormwater management plans and regulations issued pursuant
to the Storm Water Management Act, 32 P.S. § 680.1 et seq.
d.
Compliance with Federal Law/Regulations. The forestry/logging
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).
e.
Compliance with County and Township Regulations and Ordinances.
The forestry logging plan shall verify compliance with the applicable
Township's Stormwater Management Ordinance, as well as all erosion
and sediment control measures set forth in the Ordinances of the Township
as well as erosion and sediment control requirements of the Bucks
County Conservation District.
6. Forestry Practices. The following requirements shall apply to all
forestry operations in the applicable Township.
a.
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 the thoroughfare.
b.
No harvest area shall be located within 50 feet of a property
line, or within 50 feet of a public or private road other than a driveway
owned and used exclusively by the of the owner of the property on
which the harvest will be conducted.
c.
No tops, slash, or woodchips shall be left within 25 feet of
any public thoroughfare or private roadway providing access to adjoining
residential property.
d.
All tops, slash, and woodchips between 25 feet and 50 feet from
a public roadway or private roadway providing access to adjoining
residential property or within 50 feet of adjoining residential property
shall be lopped to a maximum height of four feet above the surface
of the ground.
e.
No tops, slash, or woodchips shall be left on or across the
boundary of any property adjoining the operation without the consent
of the owner thereof.
f.
Litter resulting from a forestry operation shall be removed
from the site before it is vacated by the operator.
g.
Any soil, stones and/or debris carried onto public roadways
must be removed immediately.
h.
No forestry/logging use shall be permitted within areas with
slopes of 8% or greater.
i.
When the harvest is completed, both dirt roads used by the trucks
and skid roads used to drag the logs from the woods to the loading
area must be graded approximately to original contours, and be seeded
and mulched as necessary to establish stable groundcover.
j.
Clear cutting of woodlands as defined by this Ordinance shall
be prohibited.
7. Financial security shall be established in a manner acceptable to
the applicable Township to guarantee repair of all damage that may
occur to public streets due to the forestry/logging operations, and
to guarantee compliance with erosion and sedimentation control plans,
compliance with stormwater management plans and restoration of the
site upon completion of logging operations. Pursuant to 67 Pa.Code,
Chapter 189, the applicable Township may also require the landowner
or operator to furnish a bond to guarantee the repair of such roads.
8. Enforcement.
a.
Inspections. The applicable Township Enforcement Officer may
go upon the site of any timber harvesting operation before, during
or after active logging to: (1) review the logging plan or any other
required documents for compliance with this Ordinance; and (2) inspect
the operation for compliance with the logging plan and other on-site
requirements of this Ordinance.
b.
Violation Notices, Penalties. Upon finding that a forestry operation
is in violation of any provisions of this Ordinance, or is operating
without a permit as required by this Ordinance, the Township shall
issue the operator and the landowner an enforcement notice in accordance
with § 616.1 of the Pennsylvania Municipalities Planning
Code, 53 P.S. 10616.1, as amended. Any landowner or operator who violates
any provision of this Ordinance shall be subject to a fine in accordance
with § 1700.E. of this Ordinance.
A-4. Riding Academy. Riding academy, livery, or boarding stable, subject
to the following provisions:
1. A lot area of not less than 10 acres shall be required.
2. Dwellings and accessory farm buildings shall be permitted in accordance
with the regulations for Agriculture and Horticulture, Use A-1.
3. On sites of less than 15 acres, no more than one horse per acre shall
be permitted.
4. Horse shows shall be permitted only by special exception.
5. Parking. No less than one off-street parking space shall be provided
for every three persons present at such facilities when they are used
to capacity.
A-5. Kennel. The keeping of more than six dogs that are more than six
months old for breeding, training, selling, or boarding for a fee
is permitted, provided the following conditions are met:
1. Minimum lot size shall be 25 acres.
2. No animal shelter or runway shall be located closer than 300 feet
to any residential building other than the owner's.
3. The total number of dogs on the property shall not exceed five dogs
per acre, excluding dogs under six months old.
4. Parking. No less than one off-street parking space for each employee
plus (1) space for each eight animals in capacity except for training
where one space shall be provided for each three animals.
A-6. Commercial Nursery and Greenhouse. The growing of plants, shrubs,
or trees, either from seed or from immature plants that are raised
to marketable size.
1. This use does not include a retail garden center. A retail garden
center shall be considered to be use E-1 or E-2 and shall meet the
zoning requirements for use E1 or E2, whichever is applicable.
2. Commercial Nursery uses shall meet the following requirements:
a.
Minimum lot size: three acres.
b.
Maximum impervious surface: 10%.
c.
All structures and buildings shall meet the yard and setback
requirements for the use B-1 for the district in which the nursery
is located.
d.
Sales of items grown at the nursery shall be conducted in accordance
with H-15.A, Roadside Stands for Sale of Agricultural Products Grown
on Site.
e.
For nursery uses on lots of 10 acres or more, the use is eligible
for additional accessory use H-15.B., Agricultural Sales of Farm Products,
provided that all the requirements of use H-15.B are met.
f.
Parking shall be provided in designated areas. Driveways shall
be paved and shall include a tire-cleaning area at the entrance to
the nursery if the parking area is not paved.
3. Commercial Greenhouse uses shall meet the following requirements:
a.
Minimum lot size: five acres.
b.
Greenhouses include any structure for indoor or enclosed growing
of plants, including permanent buildings, hoop houses, and temporary
enclosures.
c.
Maximum impervious surface: 10%.
d.
Sales of items grown shall be conducted in accordance with H-15.A,
Roadside Stands for Sale of Agricultural Products Grown on Site.
e.
For greenhouses uses on lots of 10 acres or more, a Township
approved stormwater management plan is required. All stormwater management
facilities as required by the stormwater management plan and the installation
of the same shall meet applicable Township standards.
B.
Residential Uses.
B-1. Single-family Detached. A single-family detached dwelling shall include
a single dwelling unit with a front, rear, and two side yards provided:
1. Parking.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
a.
Except in Performance Subdivisions, no less than two off-street
parking spaces shall be provided on any lot on which a dwelling is
hereafter erected.
b.
Parking in Performance Subdivisions. See § 803.B-14.6.
B-2. Village House. A village house is a single-family detached dwelling
on a separate lot. It differs from other forms of single-family detached
housing in its lot size and its placement on the lot, which are similar
to houses found in the historic villages and towns. The house is placed
very close to the street and is additionally distinguished from other
single-family houses by planting or architectural treatments.
1. Each unit shall require a minimum of one of the following characteristics:
b.
An unenclosed porch, running across at least 3/4 of the house
front and being at least seven feet in width;
c.
A front yard raised above sidewalk grade by at least 18 inches
with a retaining wall of at least 18 inches at the sidewalk line;
d.
A front yard enclosed by a permanent wall or fence of wood or
masonry construction at least 30 inches in height;
e.
A hedge across the width of the front yard, except for locations
where crossed by driveways, pedestrian path, or sidewalks. One of
the following or similar species per 18 inches:
(1)
Azalea species: five inches to 18 inches.
(2)
Berberis species: 15 inches to 18 inches.
(3)
Buxus species: 12 inches to 18 inches.
(4)
Ligustrum: two feet to three feet.
(5)
Taxus species: 18 inches to 24 inches.
(6)
Viburnum species: 18 inches to 24 inches.
2. Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
B-4. Atrium House. An atrium house is a single-family attached dwelling
set on an individual lot with two or more of the building walls set
on the side and rear property lines and with walls set on the remaining
side and the rear property lines to form a private outdoor enclosure.
1. A private yard, herein called an atrium, shall be included on each
lot. The minimum area of the atrium shall be 35% of the area of the
lot or 288 square feet, whichever is greater. The minimum dimension
shall be 16 feet.
2. Any lot or part of a lot line not enclosed by a building wall shall
be enclosed by a wall or fence at least five feet six inches high.
3. A row, cluster, or grouping of attached atrium houses shall not exceed
four units.
4. Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
B-5. Twin House. A twin house is a single-family semi-detached dwelling
within a two-dwelling building, with only one wall in common with
another dwelling, provided:
1. Parking.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
a.
Except in Performance Subdivisions, no less than two off-street
parking spaces shall be provided on any lot on which a dwelling is
hereafter erected. A garage shall count as a parking space.
b.
Parking in Performance Subdivision. See § 803.B-14.6.
B-6. Duplex. A duplex house is a detached dwelling within a two-dwelling
unit building, with one dwelling above the other, provided:
1. Parking. No less than two off-street parking spaces per dwelling
unit shall be provided on any lot on which a dwelling is hereafter
erected.
B-8. Townhouse. A townhouse dwelling is a single-family attached or semi-detached
dwelling within a multi-dwelling building, with only one dwelling
from ground to roof, and not more than two walls of each dwelling
in common with other such dwellings, provided:
1. An average of five dwelling units in a row shall be permitted, with
no more than eight dwelling units in a group.
2. Townhouses shall be arranged in groups or clusters and not in long
rows parallel to street lines. No more than eight such buildings may
be so attached in any one group. No more than five such buildings
shall be in a row and the total length of the row shall not exceed
120 feet.
3. To create architectural interest in the layout and character of housing
fronting streets, variations in setbacks, materials and design shall
be encouraged. In any case, a minimum of two feet variation in setback
shall occur at least every third dwelling.
4. Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
B-9. Multiplex. A multiplex dwelling is an attached dwelling within a
three-to-five dwelling building and with one dwelling above, side-by-side,
or back-to-back with another dwelling. The building has yards on all
four sides.
1. Groups of multiplex units shall average no greater than four units
per structure.
2. Parking. See § 803.B-14.6.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
B-10.
Garden Apartment. A garden apartment dwelling is an attached
dwelling within a six-to sixteen-dwelling building and with dwellings
above, side-by-side, or back-to-back with other dwellings. The building
has setbacks on all four sides.
1. The maximum length of such a building shall be 120 feet.
2. Garden apartments shall be arranged in groups or clusters and not
in long rows parallel to street lines.
3. To create architectural interest in the layout and character of housing
fronting streets, variations in setbacks, materials, and design shall
be encouraged. In any case, a minimum of a six-foot variation in setback
shall occur at least every 40 feet.
4. Parking. No less than three off-street spaces shall be provided per
dwelling unit, with buffering as required in § 1001.F.6.
B-12.
Single-family Detached Cluster. A single-family detached cluster
use shall include single-family detached dwellings on individual lots
that are clustered to preserve open space, provided:
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted
9/18/2018.]
1. In the R-1 and R-2 Districts, the provisions of Performance Subdivision
use B-14 shall apply.
2. Parking. See § 803.B-14.6.
B-13.
Mobile Home Park. A parcel of land which has been planned and
improved for the placement of mobile homes for non-transient use,
provided:
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted
9/18/2018.]
1. For mobile home parks, the provisions of the Performance Subdivision
use B-14 shall apply.
2. No mobile home shall be located closer than 60 feet to an existing
abutting public street or road.
3. No mobile home lot shall be located closer than 30 feet to any abutting property line. Planted buffers shall be provided in accordance with §
1003.
3.1. Where a mobile home park is provided with privately
owned internal streets, which are not to be dedicated to the municipality,
no street rights-of-way are required for the internal streets. Setback
lines may be measured from the edge of the street cartways or curbs
of the internal streets.
4. An enclosure of compatible design and material shall be erected around
the entire base of each mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure.
The hitch which is employed for the normal movement of the unit shall
be removed.
5. No mobile home shall be erected on a mobile home lot except upon
a mobile home pad. Each mobile home unit shall have its own separate
pad.
a.
Each mobile home pad shall be at least equal in length and width
to the dimensions of the mobile home to be placed thereon.
b.
The pad, at least six inches in thickness, shall be constructed
from concrete, asphalt concrete, or other material adequate to support
the mobile home and to prevent abnormal settling or heaving under
the weight of the home. In order to prevent wind overturn and rocking,
the corners of the mobile homes shall be secured with at least six
tie-downs such as concrete "dead men," screw augers, arrowhead anchors,
or other devices suitable to withstand a tension of at least 2,800
pounds.
c.
Each mobile home shall be set level on sturdy and substantial
supports.
6. Service Buildings. Within a mobile home park non-residential uses
such as a management office, storage facilities for the park residents,
laundry facilities, maintenance buildings and storage areas for park
maintenance equipment, and a community building for the use of the
park residents may be constructed subject to the following standards:
a.
A maximum of 10% of the base site area may be used for these
purposes. Included in computing the area shall be the buildings, parking,
and all required setbacks.
b.
All buildings must comply with the required buffer yard requirements.
c.
All buildings must be set back at least 50 feet from adjacent
mobile homes.
d.
All buildings must be set back 50 feet from interior streets
in the mobile home park.
e.
All buildings must comply with the requirements of the Floodplain
Ordinance of the respective municipality where the property is located.
[Amended effective 12/9/2017 by JMZO Ord.
No. 2015-02, adopted 12/4/2017.]
7. Parking.
a.
There shall be no less than three parking spaces of which no
more than one may be off-site, provided for each mobile home unit.
b.
There shall be no parking on collector streets on which there
are no dwelling unit frontages.
c.
Roads shall be widened by six feet on each side on which parking
is to be used to meet the three parking space requirement.
d.
All parking spaces and driveways shall be at least five feet
from any side or rear mobile home site line.
e.
Accessory Building or Use. The number of parking spaces to be
provided will depend upon the type of facilities proposed and the
extent of those facilities. The parking requirements of this Ordinance
for similar uses will be used to determine the number of spaces required.
B-14.
Performance Subdivision. A performance subdivision shall include
a subdivision in which a mixture of types of residential dwelling
units is encouraged to promote sound land planning and to provide
a variety of housing choices and in which cluster development is encouraged
to preserve open space, provided that the following regulations are
met:
1. General Regulations.
a.
Performance Subdivisions shall be of a scale that will maintain
the character of the appropriate district.
b.
The adjacent properties shall be safeguarded by a minimum buffer
of 100 feet.
c.
The development shall consist of a harmonious grouping of buildings,
service and parking area circulation, and open spaces, planned as
a single unit, in such manner as to constitute a safe, efficient,
and convenient residential site.
d.
There shall be adequate provision for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the site.
e.
Provision shall be made for safe and efficient ingress and egress
to and from public streets and highways serving the site without undue
congestion to or interference with normal traffic flow within the
Region.
f.
Adequate off-street parking and loading space shall be provided
as an integral part of the plan.
g.
If the development is to be carried out in progressive stages,
each stage shall be so planned that the foregoing requirements and
intent of this Ordinance shall be fully complied with by the development
at the completion of any stage.
h.
The provisions for the design and maintenance of open space shall conform with the Open Space Performance Regulations in §
1005 herein.
2. Administration. The administration procedures for the application
and approval of a performance subdivision shall be in accordance with
Article V of the Pennsylvania Municipalities Planning Code, Act 247
as amended, and the municipal subdivision and land development ordinance.
3. Required Dwelling Unit Mix. All performance subdivisions shall conform
to the minimum standards for a mix of dwelling unit types as set forth
below. Dwelling unit types are specified for each district and are
designated in subsection B-14.4 below.
|
Number of Dwellings in Development
|
Minimum Required Number of DU Types
|
Minimum Percent Any DU Type
|
Minimum Percent Any DU Type
|
---|
|
1 to 60
|
1
|
100
|
10
|
|
61 to 120
|
|
70
|
10
|
|
121+
|
3
|
40
|
10
|
4. Dwelling Unit Types Per District. The following dwelling unit types
shall be permitted in any mix in accordance with subsection B-14.3
herein, and with the following table delineating the dwelling types
permitted for each district. From time to time new dwelling units
evolve which are appropriate to the area. These are intended to be
incorporated with the listed types, subject Joint Planning Commission
and adopted by the local governing bodies.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted
9/18/2018.]
|
P = Permitted
|
---|
|
N = Not Permitted
|
|
Dwelling Unit Type
|
Country Residential Low Density; Residential
Medium Density R-1
|
Country Residential Medium Density; Residential High Density
R-2
|
---|
|
Single-family Detached, use B-1
|
P
|
P
|
|
Village House, use B-2
|
P
|
P
|
|
Atrium, use B-4
|
P
|
P
|
|
Twin House, use B-5
|
P
|
P
|
|
Townhouse, use B-8
|
N
|
P
|
|
Multiplex, use B-9
|
P
|
P
|
|
Garden Apartment, use B-10
|
N
|
P
|
5. Open Space shall conform with the Open Space Performance Standards, §
1005 herein.
6. Parking.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
a.
There shall be no less than three parking spaces, not including
garages, of which no more than one may be on-street, provided for
each dwelling unit.
b.
There shall be no parking on collector streets on which there
are no dwelling unit frontages.
c.
Roads shall be widened by six feet on each side on which parking
is to be used to meet the three-parking-space requirement.
d.
Parking lots shall be landscaped, lighted and designed in accordance
with the provisions of Article X and with buffering as required in
§ 1001.F.6 herein.
B-16.
Residential Conversion. Such use shall include the conversion
of an existing dwelling into more than one dwelling or the conversion
of an accessory building into no more than one dwelling, provided
the building and accessory building to be converted had been in existence
for a period of at least 15 years prior to the date of the adoption
of the Joint Municipal Zoning Ordinance and further provided:
1. The yard requirements for the district in which the use is located
shall be met.
2. The lot area per dwelling unit shall not be reduced to less than
the minimum lot area required for a single-family detached dwelling
within each residential district.
3. All conversions must comply with all applicable regulations of the
Pennsylvania. Department of Labor and Industry in addition to all
building codes and permit requirements of the Bucks County Department
of Health.
4. The appearance of the conversion shall be in conformance with the
existing structure regarding bulk size.
5. Exterior fire escapes and outside stairways shall be located at the
rear or side of the building.
6. Parking. No less than two off-street parking spaces shall be made
available for each dwelling unit. In addition, the following standards
shall be met:
a.
No off-street parking shall be permitted in the front yard.
Parking in the side and rear yards shall be visually buffered from
the street and the adjacent yards.
b.
The intensity of the development is to be contingent upon the
parking permitted for any given lot. No parking shall be so extensive
as to detract from the residential character of the community. The
maximum impervious surface ratio for the district may not be exceeded.
c.
All drainage on-site shall be handled in accordance with the
recommendations of the municipal engineer.
7. The following minimum floor areas for each added dwelling unit shall
be required:
|
|
Minimum Floor Area
(square feet)
|
---|
|
Efficiency
|
600
|
|
One-Bedroom
|
700
|
|
Two-Bedroom
|
950
|
8. Residential conversion shall only be permitted by:
a.
Conditional Use in CM - Conservation Management (non-cluster
only); CR-1 - Country Residential/Low Density (non-cluster only);
R-1 - Residential/Medium Density; and QA - Quarry/Agriculture.
b.
Special Exception in VR-1 - Village Residential/Low Density.
B-17.
Elderly Housing. Elderly housing shall include a form of residential
use that is designed and operated for mature adults with or without
certain support facilities, provided:
1. Each applicant for conditional use approval to build and/or operate such housing shall submit to the governing body for its approval a proposed set of regulations to control such operation, including definition of age and income limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, and security provisions, and setting forth the policy to be used in determining the amount of rental and other charges to the residents. The applicant must show, in order to qualify, that single prospective residents of apartment housing have attained the age of at least 55 years or that families to occupy such units are elderly families (i.e., families whose heads or their spouses are at least 55 years of age or are under a disability as defined in §
223 of the Social Security Act or in § 1025 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970). A statement shall also be included with each application setting forth what particular features and facilities are being provided to serve specifically the needs and interests of the elderly.
2. The tract shall have ready access, by means of streets with sidewalks
or alternate walkways, to existing commercial and professional areas.
3. All design and dimensional standards set forth in § 405.C.
of this Ordinance shall apply for all housing types permitted in the
R-2 High Density Residential Districts.
4. Parking shall be provided in the ratio of 1 1/2 spaces per unit.
B-19.
Transitional Residential Development. This use shall be applied
to those lots having a minimum of 10 acres which are located contiguous
to the Borough of Newtown and contiguous to areas zoned O-LI - Office-Light
Industrial and contiguous to areas zoned POS - Park and Open Space.
1. Use Regulations. The uses permitted in a Transitional Residential
Development shall be limited to:
d.
A mix of more than one residential use type shall not be required.
2. General Regulations.
a.
A minimum seventy-five foot building setback shall be provided
along the perimeter boundary of the development and the ultimate right-of-way
where a street is a boundary.
b.
Section 405.C, Table of Area and Dimensional Regulations, as
it pertains to Atrium House, Twin House, and Townhouse shall govern,
except as modified below.
c.
The minimum open space ratio shall be 30%.
d.
The maximum impervious surface ratio shall be 40%.
e.
The maximum length of a building shall be seven dwelling units
and shall not exceed 210 feet.
f.
Parking shall be provided at the ratio of three spaces per dwelling
unit. Two may be permitted in a garage and one may be permitted on
a street interior to the development. Where a garage is provided at
the rear of the dwelling unit, the minimum front yard may be reduced
to 10 feet and the garage shall not be subject to the required side
or rear yards.
C.
Religious, Educational, Recreational, and Institutional Uses.
C-1. Place of Worship. Such use shall include a church, synagogue, or
other place of worship, provided:
1. Access shall be to a collector or arterial highway as delineated
in this Ordinance.
2. 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 gross floor area used or intended to be used for
service of patrons, guests, or members, whichever requires the greater
number of off-street parking spaces, plus one additional space for
each full-time employee. Parking areas shall be adequately screened
when situated next to land zoned for or in residential use.
C-2. School. A school shall include a private school, religious or non-religious,
and a public school which is not conducted as a private, gainful business,
and is licensed under the proper governmental authority, provided:
1. In the JM, CM, RI, RI-A and QA Districts, the minimum lot area for
a college, junior college, or high school shall be 50 acres plus one
acre for each 100 full-time students. The minimum lot area for any
other school in the JM, CM, RI, RI-A and QA Districts or a college,
junior college, or high school in any other district shall be 40 acres
plus one acre for each 100 full time students. The minimum lot area
for any other school shall be 25 acres plus one acre for each 100
full-time students. Where two or more schools are proposed as a combined
development or as the joint use of property, the minimum lot area
required shall be the sum of the minimum lot area requirements for
each school use.
2. Access shall be into an arterial or collector road as delineated
on the Highway Classification Map, which is part of this Ordinance.
3. Outdoor athletic fields, courts, or play areas shall be provided
with setbacks, buffering, and screening so as to protect adjacent
areas from inappropriate noise and other disturbances, as follows.
Where there are multiple facilities or areas owned, maintained, or
managed by a single entity or related entities within a development,
the entire property shall be considered for the purpose of this Section.
a.
An outdoor field, court, or play area of greater than 4,000
square feet, that is provided with lights on poles or structures of
15 feet in height or taller, shall be located no closer to any lot
line or street line than 500 feet. Lights for streets, parking areas,
and pedestrian ways shall not be considered as applicable under this
Section.
b.
Any other outdoor athletic field, court, or play area shall
be located no closer to any lot line or street line than 200 feet.
c.
An outdoor athletic field, court, or play area shall be provided
with planted screening material, except at entrances to the field,
court, or play area which shall be no wider than 50 feet, as follows:
(1)
The buffer yard shall be located within 100 feet of the outdoor
athletic field or play area.
(2)
The buffer yard shall be provided with plant material that is required per linear foot, under §
1003 of this Ordinance. Plant material shall be placed within the minimum width of the buffer yard. The Board of Supervisors may permit staggering or grouping of plant material if a satisfactory buffer is achieved. The applicant may select among the following options:
(a) Option A: One canopy tree per 40 feet; plus one
evergreen tree per 20 feet; plus one shrub per four feet.
(b) Option B: One flowering tree per 40 feet; plus
one evergreen tree per 20 feet; plus one hedge plant per three feet.
(c) Option C: One canopy or flowering tree per 40 feet;
plus one evergreen tree per 20 feet; plus a berm four feet high for
the length of the property.
d.
Outdoor athletic fields, courts, or play areas shall be illuminated
only in the EIR District and, when such lights are located within
800 feet of a property line or street line, the facilities shall not
be illuminated after 10:00 p.m.
4. No parking area shall be closer to any lot line or street line than
100 feet and shall be screened as provided in this Ordinance.
5. A school use may be an accessory use to another principal use where
the floor area used for school purposes is no greater than 30% of
the total first floor area of the principal use. As an accessory use,
the school use shall be governed by the area, dimensional and other
standards for the principal use. However, the accessory school use
is permitted only by conditional use approval. The requirements of
subsection 3. above shall be met.
6. A preschool or child care facility may be permitted as an accessory
use to Use C-2 School and shall be governed by the area, dimensional
and other standards for the principal use. A preschool or child care
facility not accessory to another principal use shall be governed
by the requirements of Use C-10 Child Care Facility.
7. Parking.
Kindergarten, Nursery School, Elementary School, Junior High
School or Middle School. No less than one off-street parking space
for each faculty member and employee plus two additional spaces per
class-room.
Senior High School. No less than one off-street parking space
per faculty member and employee, plus one space per two students of
projected building capacity.
College, Junior College, Community College, Professional School,
or Graduate School. No less than one off-street parking space per
faculty member and employee, plus two spaces for each three classroom,
laboratory, and auditorium seats.
C-3. Commercial School. Such use shall include a trade, professional,
music, or dancing school, provided:
1. A commercial school that includes an outdoor athletic field, court,
or play area shall meet the requirements of § 803.C-2.3.
Parking. No less than one off-street parking space per faculty
member and employee, plus two spaces per three students. Parking areas
shall be adequately screened when situated next to land zoned for
or in residential use.
C-4. Library or Museum. Such use shall include a library or museum open
to the public or connected with a permitted educational use and not
conducted as a private, gainful business, provided:
Parking. No less than one space per five seats or one space
per 220 square feet of gross floor area where no seats are provided,
plus one space for every employee. Parking areas shall be adequately
screened when situated next to land zoned for or in residential use.
C-5. Recreational Facility. Such use shall include a recreational facility
or park, owned or operated by the municipality, other governmental
agency, or homeowners association, provided:
1. No outdoor active recreational area shall be located nearer to any
lot line than 100 feet.
2. Outdoor play areas shall be sufficiently screened and isolated so
as to protect the neighborhood from inappropriate noise and other
disturbances.
3. Parking. No less than one off-street parking space for each five
persons of total design capacity of the facility. Parking areas shall
be adequately screened when situated next to land zoned for or in
residential use.
C-6. Athletic Facility. Such use shall include a recreational facility
owned or operated by a nongovernmental agency, including buildings
for indoor court games played with a ball such as racquetball, handball,
squash, tennis, basketball, and volleyball, and facilities related
thereto, provided:
1. A minimum lot size of five acres is required.
2. The use shall not permit amusement parks, wild animal parks, or zoos.
3. An athletic facility that includes an outdoor athletic field, court,
or play area shall meet the requirements of § 803.C-2.3.
5. Parking.
Driving range - No less than one off-street parking space for
every tee, plus one space for each employee.
Other facilities - No less than one off-street parking space
for each five persons of total design capacity of the facility, or
at least one off-street parking space for each 50 square feet of floor
area used or intended to be used for service to customers, patrons,
clients, guests, or members, whichever requires the greater number
of guests, or members, whichever requires the greater number of off-street
parking spaces, plus one additional space for each employee.
C-7. Golf Course. A golf course may include a club house, restaurant,
and other accessory uses, provided these are clearly accessory to
the golf course, and is subject to the following provisions:
1. A lot area of not less than 60 acres shall be required.
2. No building shall be closer than 100 feet to any lot line.
3. A buffer shall be provided, in accordance with the provisions of
Article X, along side and rear property lines, where abutting properties
are in any residential district.
4. Parking. One off-street parking space per four people of total capacity,
including accessory uses, plus one additional space per employee.
C-8. Private Club. A private club is a nonprofit association which is
supported by dues or fees imposed on a uniform basis upon all members
and paid at least in part for membership status rather than for periodic
use of the club's facilities; included, but is not limited to, fraternal,
school, athletic, or other associations, with rules, by-laws, charter,
or local or national affiliation; is based on membership of persons
with common interest, pursuits, or purposes; and is subject to the
following additional provisions:
1. The use shall be for members and their authorized guests only.
2. A private club that includes an outdoor athletic field, court, or
play area shall meet the requirements of § 803.C-2.3.
3. Parking. No less than one every five members of facility or at least
one off-street parking space for total design capacity of the off-street
parking space for each 50 square feet of 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.
C-9. Community Center. A community center shall include an educational
center or other similar facility operated by an educational, philanthropic,
or religious institution, subject to the following additional provisions:
1. The use shall not be conducted as a private, gainful business.
2. A community center that includes an outdoor athletic field, court,
or play area shall meet their requirements of § 803.C-2.3.
3. Parking. No less than 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 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.
C-10.
Child Care Facility.
1. Such use shall include the following uses:
b.
Family Day Care Home.
(1)
A home-based premises in which child day care is provided at
any one time to four, five or six children who are not relatives of
the care giver. Any individual operating a family day care home is
required to have a registration certificate issued by the Pennsylvania
Department of Public Welfare.
c.
Group Day Care Home.
(1)
Any premises in which child day care is provided simultaneously
for not less than seven nor more than eleven children who are not
relatives of the care givers. At least two care givers are required
at all times at a Group Day Care Home. Any individuals operating a
Group Day Care Home must be licensed by the Pennsylvania Department
of Public Welfare.
(2)
This Use 803.C-10.1.c shall be permitted in residential districts
only as an accessory use to a primary residence and only when operated
by a person or persons residing on the premises.
d.
Day Care Center.
(1)
Any premises in which child day care is provided simultaneously
for 12 or more children. There must be at least one care giver per
six children. Operators must be licensed by the Pennsylvania Department
of Public Welfare.
e.
Employer Day Care.
(1)
A day care center as defined in subsection d. above, when used
as an accessory use to a non-residential use, provided that all children
cared for are children of employees of the non-residential use.
(2)
Age. "Children" as used in this Section shall mean any persons
under the age of 16 years.
(3)
Permits. Prior to the issuance of a permit by the zoning officer
for any use in this Section, the applicant must obtain a registration
certificate or be licensed by the Pennsylvania Department of Public
Welfare.
2. Dimensional Requirements.
a.
For Uses C-10.1.b through C-10.1.e, above, a minimum of 40 square
feet of indoor space, and a minimum of 65 feet of accessible outdoor
play area shall be provided per child.
b.
The lot area and all yard setback requirements for all child
care facilities except babysitting shall be the minimum required for
other uses within the applicable zoning district in which the child
care facility is located.
c.
The calculation of accessible outdoor play area shall not include
any impervious surface or parking areas. In addition, outdoor play
areas shall only be permitted in the rear and/or side yard of the
property.
d.
Where a Day Care Center (Use 803.C-10.1.d) is proposed in any
residential zoning district, a minimum lot size of five acres is required.
3. Parking.
a.
Child care facilities, other than babysitting, which occur in
residences, shall provide, in addition to the off-street parking required
within the zoning district in which the residence is located, at least
one additional off-street parking space for each employee other than
the employees who reside at the premises.
b.
Child care facilities not occurring in residences shall provide
at least one off-street parking space per six children receiving day
care, plus one space per employee or volunteer. Parking shall be screened
in conformity with the zoning district in which the child care facility
is located.
4. Traffic.
a.
The loading and unloading of children at any day care facility
shall not obstruct the normal flow of traffic. The property owner
shall take all precautions possible to protect the safety of children
arriving and leaving the day care facility.
b.
As to Day Care Center (Use 803.C-10.1.d) and Employer Day Care
(Use 803.C-10.1.e), a traffic impact study may be required at the
discretion of the Board of Supervisors of the municipality where the
use is proposed. The traffic impact study shall conform to the provisions
of the Subdivision and Land Development Ordinance of the municipality
in which the use is proposed.
c.
The applicant for a child care facility shall establish to the
satisfaction of the governing body of the municipality in which the
use is proposed, that traffic generated by the child care facility
will provide a safe means of access to and from the site and will
not cause undue congestion, create traffic hazards or otherwise pose
a threat to public safety.
5. Signs.
a.
Signs for child care facilities located in residential zoning
districts shall comply with the regulations governing signs for home
occupations.
b.
Signs for child care facilities located in nonresidential zoning
districts shall meet the minimum requirements for signs permitted
in the zoning district in which the child care facility is located.
6. Lighting. Lighting used in conjunction with a child care facility
shall be in conformity with the provisions of § 1004 of
this Ordinance.
7. Hours of Operation. Hours of operation for all child care facilities
shall be decided on a case-by-case basis by the Board of Supervisors
as part of the conditional use application.
8. Water and Sewer. Prior to the issuance of a permit for a child care
facility, the applicant therefore shall certify that he or she has
sufficient water and sewer capabilities to handle the proposed child
care facility.
9. Fencing. Each outdoor play area in child care facilities shall be
completely surrounded by a fence which is at least four feet in height
and which does not allow access to or from the premises by a child.
C-11.
Hospital. Such use shall include a licensed hospital, subject
to the following additional provisions:
1. A lot area of not less than 10 acres shall be required.
2. Where the use adjoins existing residential uses, buffer planting
shall be provided in a twenty-five foot buffer yard. Care shall be
taken to locate emergency and service entrances where they are not
offensive to adjoining neighbors.
3. Such use shall take access from major collector or arterial highways.
4. Parking. No less than one off-street parking space for every 450
square feet of gross floor area, plus one space for each employee.
Parking shall be adequately screened for land next to residential
use.
C-12.
Nursing Home. Such use shall include a licensed nursing or convalescent
home, subject to the following additional provisions:
1. The minimum lot area in all VR Districts shall be one acre plus 1,000
square feet for each resident patient beyond a total of 20. In all
other districts the minimum lot area shall be five acres plus 1,000
square feet for each resident patient beyond a total of 40.
2. For any nursing home in any VR District the maximum number of resident
patients shall be 50.
3. Parking. No less than one off-street parking space for every 450
square feet of gross floor area, plus one space per employee.
C-13.
Cemetery. A cemetery shall include a burial place or graveyard,
including a mausoleum, crematory, or columbarium, provided:
1. Cemetery Area and Bulk Regulations.
a.
The minimum lot size shall be 25 acres.
b.
No more than 10% of the entire area, to a maximum of five acres,
may be devoted to above-ground buildings no serving as burial markers
or memorials, such as business and administration offices, chapels,
maintenance facilities, bath-houses, greenhouses, work houses, repair
shops, and the like. This restriction includes parking facilities.
c.
For all accessory buildings the setback line requirement shall
be the same as for single-family detached dwellings in the zone in
which cemetery is located.
d.
A twenty-foot buffer strip, unoccupied except for landscaping
and walkways, shall be provided between any building or burial site
and the cemetery property line.
e.
The side yard for all accessory buildings shall be the same
as that required for dwellings in the zone in which the cemetery is
located.
f.
If the cemetery area exceeds 50 acres, one dwelling, to be used
for custodial personnel, may be permitted. If the cemetery area is
less than 50 acres, there shall be no dwellings.
2. Cemetery Design Standards.
a.
The maximum height of monuments, headstones, grave markers,
etc. shall be 10 feet.
b.
The maximum height of mausoleums, columbariums, and other burial
structures shall be 15 feet.
c.
The maximum height of accessory buildings, including dwelling
units where permitted, shall be three stories or 35 feet. (See Use
C-13. Cemetery, Section 1.b above for examples of accessory buildings.)
d.
For all entrance features, including gates, fountains, statuary,
identification signs, and the like;
(1)
There shall be not more than two identification signs at such
entrance, and the same shall conform to Article XI.
(2)
The main portion of entrance features shall be located at least
10 feet from the nearest right-of-way line of any public street.
(3)
No such entrance features shall exceed 12 feet in height.
e.
Where interior roads are provided, they shall be paved according
to municipal standards, shall have minimum width of 12 feet if one-way
and 20 feet if two-way. There shall be no dead end roads, unless provided
with a turn-around having a centerline radius of at least 40 feet.
f.
Parking.
(1)
Accessory buildings other than chapels. No less than one space
for each 200 square feet of floor area.
(2)
Chapels, no less than one space for each 100 square feet of
floor area of auditorium or three fixed seats, whichever requires
the greater number of parking spaces.
C-14.
Municipal Building. Such use shall include a municipal administration
building, police barracks, library, parking lot or structure or road
maintenance facility, provided:
Parking. No less than one off-street parking space for every
employee, plus one space for every two seats in meeting areas.
C-15.
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" as defined in §
233 of this Ordinance because residency is transient in nature. Such use shall meet the following requirements:
1. 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.
2. 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.
3. 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.
4. 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.
5. No more than two persons shall sleep in any single bedroom in a Community
Treatment Facility.
6. 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.
7. Buffering Requirements.
a.
Parking areas shall be visually secluded from adjacent properties
via an evergreen planting screen in accordance with §§ 1001.F.6
and 1003.
b.
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.
c.
Street trees shall be installed along all streets where suitable
street trees do not exist.
d.
All plant material, size, species, caliper, and arrangement shall be in accordance with the Township Subdivision and Land Development Ordinance and §
1003 of this Ordinance.
8. 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.
9. The minimum lot size for this Use C-15 is 10 acres.
D.
Office Uses.
D-1. Office. Business, professional, or governmental office other than
Use D-2 Medical Office.
1. Such use shall be carried on wholly indoors and within the principal
building.
2. No office building shall include a store, beauty shop, or other personal
service shop.
3. No office building shall include a store front, a store window, or
any other retail commercial characteristic which detracts materially
from the character of the district or surrounding neighborhood.
4. Except in the TC Town Commercial District, no structure erected or
renovated for office use shall include any dwelling unit or units.
5. Parking. No less than one off-street parking space for every 200
square feet of gross floor area shall be provided. All parking shall
be screened in accordance with § 1001.F.6, herein.
D-2. Medical Office. Office or clinic for medical or dental examination
or treatment of persons as outpatients and laboratories incidental
thereto, provided:
Parking. No less than one off-street parking space for every
150 square feet of gross floor area shall be provided. All parking
shall be screened in accordance with § 1001.F.6, herein.
E.
Retail and Consumer Services Uses.
E-1. Retail Stores. A retail store shall include a store selling apparel,
baked goods, books, confections, drugs, dry goods, flowers, foodstuffs,
furniture, gifts, liquor, hardware, toys, household appliances, jewelry,
notions, periodicals, shoes, stationery, tobacco, paint, audio-visual
equipment and supplies, cards, novelties, hobby and art supplies,
music, luggage, sporting goods, pets, floor covering, garden supplies,
plants, fabrics, beer, wine and non-alcoholic beverages, provided:
1. All products produced on the premises are sold on the premises.
2. Over-the-counter sales of alcoholic beverages intended for consumption
on the premises is not permitted.
3. There shall be no sales of gasoline or motor vehicle fuel in any
retail store. The sale of gasoline or motor vehicle fuel shall require
the use to be classified as a Service Station, use E10, and shall
meet the requirements of that use and shall only be permitted in zoning
districts where the Service Station Use E10 is permitted.
4. Stores with a gross floor area in excess of 10,000 square feet are
not included. Retail stores in excess of 10,000 square feet must meet
the requirements of use E-2, Large Retail Store, and are permitted
only in districts where use E-2 is permitted.
5. Gasoline sales or motor vehicle fuel sales shall not be permitted
as uses accessory to E-1 Retail Sales Uses.
6. Parking. In all zoning districts other than the TC Town Commercial
Zoning District, no less than one parking space for every 120 square
feet of gross floor area, plus one space for every employee. In the
TC Town Commercial Zoning District, no less than one parking space
for every 200 square feet of gross floor area. All parking shall be
screened in accordance with § 1001.F.6, herein.
E-2. Large Retail Store. A large retail store shall include a store with
greater than 10,000 square feet of floor area including, regardless
of size, any variety store, supermarket, department store, and discount
store, provided:
Parking. No less than one off-street parking space for every
220 square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-3. Service Business. A service business shall include such uses as a
barber, beautician, laundry and dry cleaning (whether or not coin
operated), shoe repair, tailor, photographer, newspaper, printer,
and travel agency, provided:
1. Uses requiring large amounts of water shall be served by public water
and sewers.
2. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-4. Financial Establishment. A financial establishment shall include
a bank, savings and loan association, credit union, or other financial
establishment, provided:
1. When located within the LI Light Industrial District or the O-LI
Office-Light Industrial District, such use shall be located on a local
street and not within 300 feet of Newtown Bypass or Newtown-Yardley
Road.
2. Parking. No less than one off-street parking space for every 100
square feet of gross floor area. All parking shall be screened in
accordance with § 1001.F.6. herein.
E-5. Eating Place. An eating place shall include any place for the sale
and consumption of food and beverages, provided:
1. Drive-in service is prohibited.
2. The sale of alcoholic beverages must be incidental to the sale and
consumption of food.
3. When located within the LI Light Industrial District or the O-LI
District, such use shall be located on a local street and not within
300 feet of Newtown Bypass or Newtown-Yardley Road.
4. Parking. No less than one off-street parking space for every two
seats provided for use by patrons, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-6. Eating Place - Drive-in. Such use shall include cafeterias and eating
establishments in which the principal business is the sale of foods
and/or beverages in ready-to-consume state for consumption either
within the restaurant building or for carry out with consumption off
the premises, provided:
1. The use must have direct access to a collector or arterial street.
2. There shall be only one point of ingress and only one point of egress
to the collector or arterial street.
3. Where a drive-in window is proposed, a stacking lane shall be provided
to serve a minimum of 10 cars. The stacking lane shall not be used
for parking lot circulation aisles, nor shall it in any way conflict
with through circulation or parking.
4. A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant. If there is no sidewalk, one shall
be provided along the street frontage.
5. All such restaurants shall provide a trash storage area which is
designed and constructed to be screened from the street and adjacent
properties, to prevent trash from blowing from the area, and to permit
safe and easy removal of the trash.
6. Trash receptacles shall be provided outside the restaurant for patron
use.
7. Parking. No less than one off-street parking space for each two seats,
plus one space for every employee. All parking shall be screened in
accordance with § 1001.F.6, herein.
E-7. Repair Shop. A repair shop shall include any business for the repair
of appliances, lawn mowers, watches, guns, bicycles, locks, and small
business machines, (but not including automobile, vehicle and motorcycle
repairs,) provided:
Parking. No less than one off-street parking space for every
120 square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-8. Motel, Hotel, and Inn. Such use shall include a building or group
of buildings containing rooms for rent for the accommodation of transient
guests, chiefly motorists, plus an eating place, use E-5, provided:
1. Within the Village Commercial VC Districts, the maximum number of
such rented rooms shall be 15.
2. Within all permitted districts except the TC District:
a.
Such use shall be located on a lot of not less than four acres
and shall have a continuous road frontage of at least 300 feet.
b.
The use must have direct access to a collector or arterial street.
c.
No building or structure shall be located closer than 75 feet
to any structure line or rear property line.
3. Within the TC Town Commercial District, the minimum lot area shall
be 100,000 square feet.
4. Parking. No less than one off-street parking space for each guest
room in addition to any parking required for any eating place, Use
E-5, plus one space for every employee. All parking shall be screened
in accordance with § 1001.F.6, herein.
E-9. Entertainment. An entertainment facility shall include a bowling
alley, skating rink, pool hall, movie theater, theater, video gaming/pinball
arcade, or other similar use, provided:
1. Sound levels shall not exceed those shown in § 904.B.2.e.(2).
2. An entertainment use that includes an outdoor athletic field, court,
or play area shall meet the requirements of § 803.C-2.3.
3. Parking. Theater - No less than one off-street parking space for
every three seats in the auditorium, plus one space for every employee.
Bowling alley - No less than five off-street parking spaces for every
bowling lane, plus one space for every employee. Video Gaming/Pinball
Arcade - No less than one parking space per machine plus one per employee.
Other uses - No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-10.
Service Station. A service station shall include a building
or group of buildings for the sale of petroleum products, tires, and
automotive services, provided:
1. Except in the TC District, a minimum lot width of not less than 250
feet shall be provided along each street on which the lot abuts.
2. Except in the TC District, the minimum lot area shall be 40,000 square
feet.
3. Except in the TC District, access to roads shall be at least 200
feet from the intersection of any street.
4. All activities except those to be performed at the fuel pumps shall
be performed within a completely enclosed building.
5. Except in the TC District, fuel pumps shall be at least 25 feet from
any ultimate street right-of-way.
6. All automobile parts and similar articles shall be stored within
a building.
7. All refuse shall be stored within a building or enclosed area.
8. Paint-spraying or body and fender work shall not be permitted.
9. Lubrication, oil changes, tire changes, and minor repairs shall be
permitted if entirely within a building.
10.
Vehicles shall not be stored outdoors while awaiting repairs
for more than 30 days; all such stored cars shall be totally screened
in accordance with § 1001.F.6, herein.
11.
Junk vehicles shall not be stored in the open at any time.
12.
The sale or rental of automobiles, trucks, trailers, or other
vehicles shall be prohibited.
13.
Parking. No less than one off-street parking space for every
1/6 service bay, plus one space for every employee. All parking shall
be screened in accordance with § 1001.F.6, herein.
E-11.
Automotive Sales. Automotive sales include the sale and lease
of new or used automobiles, boats, motorcycles, trucks, trailers,
farm machinery and travel campers, provided:
1. Within the TC Town Commercial District, the minimum lot area shall
be 88,000 square feet.
2. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-12.
Automotive Repair and Car Wash. Such use shall include paint
spraying, body and fender work, automotive repairs, and washing provided:
1. All such work is performed within a building.
2. All related automotive parts, refuse, and similar articles shall
be stored within a building or enclosed area.
3. A car wash shall include a water recycling facility.
4. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-13.
Automotive Accessories. Such use shall include the sale of automotive
accessories, parts, tires, batteries, and other supplies, provided:
1. The storage and installation of any parts shall be within an enclosed
structure.
2. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-14.
Specialty-Cultural Shopping Facility. Such use shall include
stores dealing in handicraft art, flowers, household goods, boutiques,
antiques, etc., provided:
1. Only Uses E-1, E-3, E-4, E-5 and E-7 shall be permitted and only
as far as they are in keeping with the spirit of this Section.
2. The facility shall contain no more than 10 acres of land.
3. Shop sizes shall be no larger than 3,000 square feet and shall average
no greater than 1,500 square feet.
4. The facility shall be planned and designed as a single complex centering
around a pedestrian street or common area.
5. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-15.
Community Shopping Center. A group of commercial, office, and
related establishments which is planned, constructed, and managed
as a total entity, where parking spaces, stormwater management facilities,
access drives, lighting systems, and other improvements are shared
by three or more uses.
1. Such centers shall be at least four acres in extent.
2. The majority of all parking shall be provided in separate areas surrounding
any group of shopping buildings.
3. A major landscaped pedestrian and bicycle path system shall provide
access to the adjacent community.
4. Parking lot landscaping shall be provided in accordance with §
1001.
5. Lighting shall be provided in accordance with § 1004.
6. Not less than 60% of the total floor area within a Community Shopping
Center shall be used for E. Retail and Consumer Services Uses. Upon
request by the governing body of the municipality in which the Community
Shopping Center is located, the owner or operator of the center shall
provide to the governing body a list of occupants, a description of
each establishment, and the total square footage occupied by the individual
establishments.
9. Parking. No less than 6 1/2 parking spaces for every 1,000 square
feet of gross floor area. All parking shall be screened in accordance
with § 1001.F.6, herein.
E-16.
Commercial Conversion. Such use shall include the conversion
of an existing structure or group of structures into a commercial
use, provided:
1. Only Uses E-1, E-3, E-4, E-5, E-8, and E-20 are permitted.
2. Parking. Shall conform to the requirements of the particular use as, specified in §
803 of this Ordinance. All parking shall be screened in accordance with § 1001.F.6, herein.
E-17.
Tavern. Such use shall include an establishment which serves
alcoholic beverages for on-premises consumption and which is licensed
by the Pennsylvania Liquor Control Board, provided:
Parking. No less than one off-street parking space for every
two seats intended for use by patrons, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-19.
Funeral Home. Such use shall include a mortuary or funeral home,
provided:
Parking. No less than one off-street parking space for each
200 square feet of floor area used or intended to be used for serving
customers, or one off-street parking space per employee plus seven
additional spaces, whichever requires the greater number of parking
spaces. All parking shall be screened in accordance with § 1001.F.6,
herein.
E-20.
Veterinary Office or Clinic. Such use shall include the office
of a veterinarian with accessory animal kennel. In no event shall
animal kennels be allowed as a primary use. Such use shall be subject
to the following provisions:
1. Such use shall require a minimum of 10 acres if it includes a kennel
or the outdoor boarding of dogs. In such event no animal runway or
outdoor pen shall be located closer than 300 feet to any residential
building other than the owners.
2. Parking. No less than one off-street parking space for every 120
square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
E-21.
Parking Lot or Structure. A lot, building, or structure used
as the principal use of a property for the parking and storage of
vehicles and is available to the general public, subject to the following
criteria:
1. No sale, rental or repair of vehicles shall be performed.
2. Parking may be provided on a short-term or long-term lease basis.
3. An accessory use may include one convenience retail use limited to
a total floor area of not more than 3,000 square feet.
4. The parking areas design standards of this Ordinance and the municipal
subdivision and land development ordinance shall be met.
E-22.
Executive Inn/Conference Center. A multi-use structure containing
lodging accommodations of not less than 60 rooms. An Executive Inn/Conference
Center shall contain meeting rooms and shall contain a minimum of
two auxiliary service facilities such as restaurants, personal service
shops, boutiques and recreational facilities. All rooms and auxiliary
service facilities shall be served by common entrance and passage
facilities.
E-23.
Consumer Fireworks Facility. Facility permitting the sale of
consumer fireworks in accordance with the following provisions.
[Amended effective 12/9/2018 by JMZO Ord.
No. 2018-01, adopted 12/4/2018.]
1. Permanent Facility.
a.
Within QA-A Quarry/Agricultural - A District.
b.
Access to facility must be taken from a roadway of a classification
of a minor arterial roadway or greater.
c.
Facility shall be a stand-alone building, no larger than 4,000
square feet.
d.
Storage area shall be separated from wholesale and/or retail
sales areas by appropriately rated fire separation.
e.
Facility is located no closer than 250 feet from 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.
f.
Facility is located at least 1,500 feet from any other E-23
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.
g.
No Display Fireworks shall be stored or located at the facility.
h.
There shall be security personnel on the premises for the seven
days preceding and including July 4 and for the three days preceding
and including January 2.
i.
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.
j.
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.
k.
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.
l.
All sales of Consumer Fireworks as defined herein shall be conducted
only from a facility exclusively dedicated to the storage and sale
of fireworks.
m.
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 into the facility.
n.
No minors shall be permitted in the facility unless accompanied
by an adult, and each minor shall stay with the adult in the facility.
o.
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.
p.
Quarterly fire drills and preplanning meetings shall be conducted
as required by the applicable Fire Company.
q.
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.
r.
Emergency evacuation plans shall be conspicuously posted in
appropriate locations within the facility.
s.
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.
t.
Parking. No less than one parking space for every 120 square
feet of gross floor area, plus one space for every employee. All parking
shall be screened in accordance with § 1001.F.6 herein.
2. Temporary Structure.
a.
The following definitions shall apply to this Section:
(1)
Temporary Structure: 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 NPA 1124. The term shall
not include a facility that is not licensed to sell Consumer Fireworks.
(2)
Outdoor storage unit: A Consumer Fireworks building, trailer,
semitrailer, metal shipping container or magazine meeting the specifications
of NFPA 1124.
b.
Within QA-A Quarry/Agricultural - A District.
c.
The Temporary Structure is located no closer than 250 feet from
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.
d.
An evacuation plan is posted in a conspicuous location for a
Temporary Structure in accordance with NFPA 1124.
e.
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.
f.
The Temporary Structure complies with NFPA 1124 as it relates
to retail sales of Consumer Fireworks in Temporary Structures.
g.
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:
(1)
Prior to January 1, 2023, at least five miles.
(2)
Beginning January 1, 2023, at least two miles.
h.
The Temporary Structure does not exceed 2,500 square feet.
i.
The Temporary Structure is secured at all times during which
Consumer Fireworks are displayed within the structure.
j.
The Temporary Structure has a minimum of $2,000,000 in public
and product liability.
k.
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
l.
Consumer Fireworks not on display for retail sale are stored
in an outdoor storage unit.
m.
Limitations. The sale of Consumer Fireworks from the Temporary
Structure is limited to the following:
(1)
Helicopter, aerial spinner (APA 87-1, 3.1.2.3).
(2)
Roman Candle (APA 87-1, 3.1.2.3).
(3)
Mine and shell devices not exceeding 500 grams.
n.
Storage of Consumer Fireworks shall be permitted only as an
accessory use to the sale of Consumer Fireworks.
E-24.
Specialty MSA Facility. Such use shall include single-family
detached dwellings, certain agricultural uses, offices, medical offices,
retail stores, service businesses, etc., to promote agriculture and/or
to provide for the protection, renovation, restoration, and/or adaptive
reuse of buildings and structures within the MSA District, provided:
1. The requirements of Article XIII, Conditional Uses, of this Ordinance
have been met.
2. This use shall only apply to structures existing on September 22,
2010, the date of adoption of this Ordinance.
3. Only the following uses shall be permitted in the MSA District, Uses
A-1, B-1, C-4, C-9, D-1, D-2, E-1, E-3, H-1, H-2, H-3, H-9, H-15.B,
and H-17 and only insofar as they are determined by the Board of Supervisors
to support agriculture and/or provide for the protection, renovation,
restoration and/or adaptive for use of buildings and structures on
municipal open space.
4. Use E-1 Retail Sales shall be permitted only if such use is related
to an agricultural use of the property or if at least 20% of items
offered for sale (based upon annual sales) are grown either on the
premises or within Bucks County. An annual audit shall be presented
to the municipality to demonstrate compliance with this requirement.
5. No structures (in existence as of September 22, 2010, the date of
adoption of this Ordinance) are permitted to be removed or demolished
unless approved as a part of the conditional use process.
6. Multiple uses (as identified in § 803.E-24.3. above) are
permitted on an individual lot, however the area and dimensional requirements
of § 700-A.6.C.1 shall be met.
7. Parking. The applicant for any lot, building, or structure proposed
for Use E-24, or for any change in use of any lot, building, or structure
proposed for Use E-24 shall demonstrate to the satisfaction of the
Board of Supervisors at a conditional use hearing that adequate parking
and/or loading facilities will be provided the proposed use.
8. All parking along arterial roadway currently known as Second Street
Pike shall be screened in accordance with § 1001.F.6 herein.
9. All parking facilities shall be located at least five feet from any
front lot line of a local street and at least five feet from any front
lot line of a principal arterial roadway.
10.
All parking facilities shall be located at least five feet from
any side or rear lot line, unless a shared parking area with the adjacent
lot is approved as part of a conditional use approval.
11.
All buildings shall be located at least five feet from any front
lot line of a local street.
12.
The production of alcoholic beverages may be permitted by conditional
use if and only if the following conditions are met to the satisfaction
of the Board of Supervisors:
a.
It is specifically found by the Board of Supervisors that the
proposed use will promote agriculture and/or provide for the protection,
renovation, restoration and/or adaptive reuse of buildings and structures
on municipal open space.
b.
Any applicant proposing such a use shall submit evidence that
any and all required State and County permits have been obtained.
c.
At least 50% of the fruit or vegetation used in the production
of alcoholic beverages shall be grown either on the site or within
Bucks County.
d.
Public and retail use may be permitted accessory to this use,
if approved as a part of the conditional use, and if all of the applicable
requirements of § 803.H-17 of this Ordinance have been met.
E-25.
Brewpub, Microbrewery, Micro-Winery,
Micro-Distillery, Tasting Room. The use of land in the CE Conservation
Easement Overlay District for a brewpub, microbrewery, micro-winery,
micro-distillery, or tasting room is permitted by conditional use
in accordance with the following conditions.
[Added effective 12/9/2018 by JMZO Ord. No.
2018-02, adopted 12/4/2018.]
A. Definitions. The following definitions shall be applicable to this
use:
BREWPUB
An eating place (without drive-through service) accessory
to a Microbrewery, Micro-Winery or Micro-Distillery and which possesses
the appropriate license from the Pennsylvania Liquor Control Board.
BUILDING ENVELOPE
An area identified in the Conservation Easement where only
minimal restrictions apply and where, generally, uses permitted by
the Zoning Ordinance for the zoning district in which the property
is located are permitted. This area is also sometimes identified as
"Minimal Protection Area" or "Approved Building Envelope."
CONSERVATION EASEMENT
A Conservation Easement or similar instrument recorded in
the Office of the Recorder of Deeds of Bucks County naming Wrightstown
Township as a Grantee or Beneficiary.
CONSERVATION EASEMENT PLAN
A Plan attached as an exhibit to the Conservation Easement
identifying significant features, including the Building Envelope;
sometimes referred to as "Conservation Plan" or "Easement Plan."
MICROBREWERY, MICRO-WINERY, MICRO-DISTILLERY
A facility in which beer, wine, spirits, or other alcoholic
beverages are brewed, fermented, or distilled for distribution and
consumption, and which possesses the appropriate license from the
Pennsylvania Liquor Control Board and produces less than 1,000 barrels
per year (a barrel is approximately 31 gallons). On-site consumption
may occur in a Tasting Room or in a permitted Brewpub.
TASTING ROOM
A room that is accessory to a Microbrewery, Micro-Winery,
Micro-Distillery or Brewpub where the public can purchase and/or consume
only the beer, wine or spirits produced on the site.
B. Location. A Brewpub, Microbrewery, Micro-Winery, Micro-Distillery
or Tasting Room shall be limited to an existing or proposed building
located within the Building Envelope of the Conservation Easement.
C. A Microbrewery, Micro-Winery or Micro-Distillery is permitted to
have a Tasting Room that may not exceed 15% of the gross floor area
of the Microbrewery, Micro-Winery or Micro-Distillery.
D. Brewpubs may not exceed 4,000 square feet of gross floor area.
E. Microbreweries, Micro-Wineries and Micro-Distilleries may not exceed
10,000 square feet in gross floor area.
F. Parking. Microbreweries, Micro-Wineries and Micro-Distilleries must
have one parking space per employee on the largest shift, plus one
space for every four seats in any Tasting Room. Brewpubs must have
one parking space for every two seats provided for use by patrons,
plus one space for every employee. All patron parking areas must be
located within the Building Envelope as depicted on the Conservation
Easement Plan.
E-26.
Conservation Special Events. The
use of land in the CE Conservation Easement Overlay District for special
events such as parties, festivals, weddings, or receptions is permitted
by conditional use in accordance with the following conditions. E-5
Restaurant uses are not permitted.
[Added effective 12/9/2018 by JMZO Ord. No.
2018-02, adopted 12/4/2018.]
A. Definitions. The following definitions shall be applicable to this
use:
BUILDING ENVELOPE
An area identified in the Conservation Easement where only
minimal restrictions apply and where, generally, uses permitted by
the Zoning Ordinance for the zoning district in which the property
is located are permitted. This area is also sometimes identified as
"Minimal Protection Area" or "Approved Building Envelope."
CONSERVATION EASEMENT
An instrument recorded in the Office of the Recorder of Deeds
of Bucks County naming Wrightstown Township as a Grantee or Beneficiary.
CONSERVATION EASEMENT PLAN
A Plan attached as an exhibit to the Conservation Easement
identifying significant features, including the Building Envelope;
sometimes referred to as "Conservation Plan" or "Easement Plan."
B. Maximum Number of Events. An annual maximum of 30 events is permitted.
All indoor events shall occur within existing buildings. Outdoor events,
including events held under tents or other temporary structures, shall
be limited to the Building Envelope provided for in the Conservation
Easement.
C. Maximum Attendance. The maximum allowed attendance will be in accordance
with the Fire Marshal's maximum occupancy requirements.
D. Setbacks. All outdoor activities/events, temporary structures and
parking areas associated with a special event shall be located within
the Building Envelope, except that the Board of Supervisors by Conditional
Use approval may permit temporary parking to occur outside the Building
Envelope, but in no case closer than 150 feet to any property line.
E. Food. Any food provided for the special event shall be prepared off-site
and transported to the property. No permanent kitchen facilities are
permitted, except in connection with an existing residential use.
F. Time of Events. All special events, whether indoor or outdoor, shall
end no later than 10:00 p.m. Any and all vendors are required to vacate
the property no later than 11:30 p.m.
G. Noise. Amplified music is permitted pursuant to Wrightstown Township's
Noise Ordinance; provided that no amplified music shall be audible
beyond the property line of the property on which the special event
is held.
H. Parking. All patron parking areas must be located within the Building
Envelope as depicted on the Conservation Easement Plan.
I. Lighting. Lighting may be used for the duration of the event only
and may not shine or produce glare on adjacent properties.
J. Buffer. A consistent vegetative buffer shall be located between all
parking areas and adjacent residential uses and districts. The buffer
shall include evergreen plantings at least three feet in height. The
species and spacing of such plantings shall be reviewed and approved
by Wrightstown Township.
K. Facilities. Sewer facilities shall be provided in accordance with
the applicable regulations of the Bucks County Health Department and
Wrightstown Township.
L. Approvals. All applicable approvals must be obtained from Bucks County
and the Commonwealth of Pennsylvania, including, but not limited to:
any necessary water or sewer approval from the Bucks County Health
Department and any necessary approvals from Labor and Industry.
E-27.
Art Gallery/Art Studio. The use
of land in the CE Conservation Easement Overlay District for an Art
Gallery and/or Art Studio as defined herein is permitted by conditional
use in accordance with the following conditions:
[Added effective 12/9/2018 by JMZO Ord. No.
2018-02, adopted 12/4/2018.]
A. Definitions. The following definitions shall be applicable to this
use:
ART GALLERY
A place where art work, including paintings, drawings, sculpture
and other works produced by human creative skill and imagination,
is exhibited for sale or display, including the framing of artwork.
ART STUDIO
A place where one or more artists, working individually or
in collaboration, create art work, including holding workshops and
classes on art-related subjects.
B. Location. An Art Gallery and/or Art Studio shall be limited to an
existing or proposed building located within the Building Envelope
of the Conservation Easement.
C. An Art Gallery or Art Studio may not exceed 10,000 square feet in
gross floor area or, when combined, a total of 20,000 square feet.
D. Parking. An Art Gallery must have one parking space for each 250
square feet of exhibition space plus one parking space per employee.
Art Studios must have one parking space per artist occupying space
in an Art Studio. All patron parking areas must be located within
the Building Envelope as depicted on the Conservation Easement Plan.
E. Buffer. A consistent vegetative buffer shall be located between all
parking areas and adjacent residential uses and districts. The buffer
shall include evergreen plantings at least three feet in height. The
species and spacing of such plantings shall be reviewed and approved
by Wrightstown Township.
F. Facilities. Sewer facilities shall be provided in accordance with
the applicable regulations of the Bucks County Health Department and
Wrightstown Township.
G. Approvals. All applicable approvals must be obtained from Bucks County
and the Commonwealth of Pennsylvania, including, but not limited to:
any necessary water or sewer approval from the Bucks County Health
Department and any necessary approvals from the Pennsylvania Department
of Labor and Industry.
E-28.
Community Theater. The use of land
in the CE Conservation Easement Overlay District for a Community Theater
as defined herein is permitted by conditional use in accordance with
the following conditions:
[Added effective 12/9/2018 by JMZO Ord. No.
2018-02, adopted 12/4/2018.]
A. Definitions. The following definitions shall be applicable to this
use:
COMMUNITY THEATER
A place where live performances of theatrical works are produced
and performed and/or where motion pictures are produced and/or shown
before a live audience. This use may include lectures and workshops
on theatrical and art-related subjects. It does not include theatrical
performances presented by a traveling theater company or the exhibition
of motion pictures by a national franchise such as AMC or Regal Cinema.
B. Location. A Community Theater shall be limited to an existing or
proposed building located within the Building Envelope of the Conservation
Easement.
C. A Community Theater may not contain more than 150 seats and may not
exceed 10,000 square feet in gross floor area.
D. Parking. A Community Theater must have one parking space for each
two seats in the theater plus one parking space per employee. All
patron parking areas must be located within the Building Envelope
as depicted on the Conservation Easement Plan.
E. Buffer. A consistent vegetative buffer shall be located between all
parking areas and adjacent residential uses and districts. The buffer
shall include evergreen plantings at least three feet in height. The
species and spacing of such plantings shall be reviewed and approved
by Wrightstown Township.
F. Facilities. Sewer facilities shall be provided in accordance with
the applicable regulations of the Bucks County Health Department and
Wrightstown Township.
G. Approvals. All applicable approvals must be obtained from Bucks County
and the Commonwealth of Pennsylvania, including, but not limited to:
any necessary water or sewer approval from the Bucks County Health
Department and any necessary approvals from the Pennsylvania Department
of Labor and Industry.
E-29. Medical
Marijuana Dispensary. A person, including a natural person, corporation,
partnership, association, trust or other entity, or any combination
thereof, which holds a Medical Marijuana Permit issued by the Department
of Health of the Commonwealth of Pennsylvania under the Medical Marijuana
Act (Act 16 of 2016) to dispense medical marijuana. The term does
not include a Health Care Medical Marijuana Organization under Chapter
19 of the Medical Marijuana Act. A Medical Marijuana Dispensary shall
be subject to the following regulations:
[Added effective 12/9/2018 by JMZO Ord. No.
2017-02, adopted 12/4/2018.]
1. A Medical Marijuana Dispensary shall be owned and operated in accordance
with all applicable laws and regulations, including the Medical Marijuana
Act and federal memoranda regarding medical marijuana.
2. As part of the conditional use application, the applicant shall verify
that the proposed Medical Marijuana Dispensary is not within 1,000
feet of the property line of a public, private, or parochial school,
preschool, or day-care facility.
3. Parking. No less than one off-street parking space for every 200
feet of gross floor area. All parking shall be screened in accordance
with § 1001.F.6 herein.
4. Minimum Lot Size. The minimum lot size for a Medical Marijuana Dispensary
shall be one acre.
5. Within Upper Makefield Township, a Medical Marijuana Dispensary shall
be permitted by conditional use on the east and west sides of Taylorsville
Road, north of Route 532 and within the VC-1 Village Commercial-1
District.
E-30. Motor
Vehicle Fueling and Convenience Store. A Motor Vehicle Fueling and
Convenience Store is a retail and consumer service use that sells
a limited range of basic items, household goods, groceries and motor
vehicle fuels. It may include the sale of the following: food preparation
for take-out consumption, coffee, dairy products, delicatessen, dry
goods, food stuffs, grocery items, newspapers, tobacco, legal lottery
sales, over-the-counter medication, and minor automotive accessories,
subject to the limitations and conditions set forth under this section.
The following accessory facilities shall be permitted but not required:
indoor automated teller machines, indoor vending machines, electric
vehicle charging stations, except in the OR Zoning District where
at least one electric vehicle charging station is required, prefilled
propane exchange tanks and air pumps for the inflation of tires. The
following accessory uses and the sale of the following items shall
not be permitted: indoor seating, use E-9 Entertainment, car wash,
outdoor seating, outdoor display and/or sale of items (with the exception
of prefilled propane exchange tanks of not more than 20 pounds), the
sale of alcoholic beverages, vehicle service station, aboveground
tanks for the sale of petroleum products or other flammable liquids
or gases. A Motor Vehicle Fueling and Convenience Store shall meet
the following criteria, which criteria shall apply in lieu of any
inconsistent criteria of this Ordinance.
[Added effective 9/23/2020 by
JMZO Ord. No. 2020-02, adopted 9/23/2020.]
1. In the OR and VC-2 Zoning Districts, use E-30 shall be permitted
only on properties located at the intersection of two public streets,
one street shall be an expressway, arterial or major collector street
and the other intersecting street may be of any road classification,
as shown in Appendix D of the Joint Municipal Zoning Ordinance. There
shall be no direct access to an expressway. In the VC-1 Zoning District,
use E-30 shall be permitted only on properties located at the intersection
of two public streets, one street shall be an arterial or major collector
street and the other intersecting street may be of any road classification
except local street.
2. All activities, except electric car charging stations, and those
activities performed at fuel pumps and air pumps, must be performed
completely within an enclosed building.
3. In the VC-1 and the VC-2 Zoning Districts, there shall be no more
than four fuel dispensers with two fueling positions at each dispenser,
for a maximum of eight fueling positions. Fuel dispensers shall be
arranged in a rectangular fashion (two across and two deep), not in
a straight line. In the OR Zoning District, there shall be no more
than six fuel dispensers with two fueling positions, one on each side
of the dispenser, for a maximum of 12 fueling positions. Two additional
fuel dispensers shall be allowed in the OR District, for a maximum
of eight fuel dispensers, if the minimum lot area is achieved. Fuel
dispensers may be in a rectangular fashion or in a straight line within
the OR Zoning District. In all districts, there shall be sufficient
room between dispensers for vehicles to pass between them with vehicles
parked at each fueling position in all zoning districts.
4. There shall be one on-site parking space per 250 square feet of gross
floor area, plus an additional parking space for every electric vehicle
charging station. Vehicular fueling positions shall not be counted
toward the minimum parking space requirements of this section.
5. A minimum of one electric vehicle charging station is required in
the OR Zoning District. Electric vehicle charging stations are encouraged
in the VC-1 and VC-2 Zoning Districts. When electric vehicle charging
stations are proposed, such parking spaces shall be located in those
areas of the parking lot most remote from the principal building so
as to discourage use of the spaces by customers not having electric
vehicles. Electric vehicle charging stations shall not be located
between the street line and the primary building. The equipment associated
with electric vehicle charging stations shall not be mounted on light
posts or bollards.
6. No drive-in windows for the sale of convenience items shall be permitted.
7. The applicant shall incorporate design elements such as buffer plantings,
sidewalks, fencing, ornamental plantings and other similar features
to enhance the aesthetics of the street frontage of the Motor Vehicle
Fueling and Convenience Store.
8. No vehicle may be stored on the site, and no vehicle may remain on
the premises for more than 24 hours.
9. The design and materials of trash and dumpster enclosures shall be
substantially similar to the design and materials used in the construction
of the convenience store. No trash enclosure may be located within
any front yard setback area or within 200 linear feet from any principal
structure occupied as a single-family detached dwelling.
10.
Fossil fuel filters and shut-off valves, or other devices to
safeguard the stormwater system, acceptable to the governing body,
shall be installed in all stormwater inlets that will accept discharge
from the site. As part of the land development application, the applicant
shall present a plan that demonstrates the methods by which any spills
of liquids will be contained and shall also demonstrate that the stormwater
management system is designed to capture volatile organic compounds,
oils and solids. The spill containment and prevention systems utilized
by a Motor Vehicle Fueling and Convenience Store shall, at a minimum,
meet or exceed all federal and state requirements.
11.
Canopies shall be constructed over pump islands, and canopies
shall conform to the following:
a.
Canopies shall be of a shape and have materials generally consistent
with the building's architecture and shall be consistent with
and reflective of the historical character of the community, as determined
by the governing body. If required by the governing body at time of
land development review, the roof of the canopy shall be shingled.
b.
Canopy columns shall be faced with brick wainscoting or similar
materials up to a height of at least eight feet.
c.
Canopies shall be no more than 60 feet in length, and shall
have a maximum permitted size of 3,000 square feet. Larger canopy
areas and dimensions may be allowed in the OR Zoning District, if
approved by the Board of Supervisors.
d.
Lighting shall be fully recessed into the canopy and shall not
extend downward beyond the ceiling of the canopy. Under canopy lighting
shall be in accordance with the Illuminating Engineering Society standards.
Lighting shall be pointed downward to avoid glare leaving the canopy
area.
e.
Canopies shall not be internally illuminated, and lights shall
not be mounted on the fascia or on top of the canopies.
f.
Fascia of the canopy shall extend 12 inches below any light
fixture to block direct view of the light source from the property
line.
g.
The maximum height of the canopy shall be 22 feet, as measured
from the finished grade to the highest point on the roof.
h.
Canopies shall have peaked roofs or roofs designed as to not
appear as one plane.
i.
Striping or color accent banding on the canopies and the canopy
supports is prohibited.
j.
All signage, including logos and trademarks, are prohibited
on the canopies and canopy supports.
k.
Canopy and roof signs shall be prohibited.
12.
The convenience store building shall be constructed primarily
of brick or stone, and glass, and shall reflect the historical character
of the community. All building facades must include two additional
features among this list: windows, pent roofs, offsets, variations
in materials, or other architectural amenities designed to enhance
the building's appearance. Design of the building shall be subject
to the review and approval of the governing body at the time of the
land development review.
13.
No deliveries or pick-up of inventory, merchandise, foodstuffs,
trash or other product shall occur between the hours of 11:00 p.m.
and 6:00 a.m. These restrictions shall not apply to fuel deliveries.
14.
Buffering and screening shall conform to the provisions of § 1003.B,
§ 1003.C and § 1001.F.6.b, in addition to any
other landscape requirements. The following standards shall apply
to all E-30 uses:
a.
A complete visual screen of at least 60 inches in height shall
be installed around the perimeter of the dumpster enclosure, provided
that no screening will be required at the vehicle access to the dumpster.
If landscaping is used, the height requirement shall be measured at
the time of planting.
b.
In addition to any other landscape requirements, including the
street tree requirements, of the Townships' Subdivision and Land
Development Ordinances, a three-to-three-and-one-half-inch-caliper
shade tree shall be provided for each fuel dispenser. The trees shall
be planted between the right-of-way and the fueling station canopy.
c.
The buffering requirements of the JMZO and the municipal host's
Subdivision and Land Development Ordinance shall be met.
d.
Softening buffers and knee walls shall be included if deemed
appropriate by the governing body at the time of land development
review.
15.
In addition to the requirements in the Townships' Subdivision
and Land Development Ordinances, a minimum of two separate trash receptacles
and two recycling receptacles shall be provided and maintained outdoors
for customer use. One trash receptacle and one recycling receptacle
shall be provided and maintained outdoors for each fueling island.
16.
The area of the convenience store building shall not exceed:
a.
OR Zoning District: 6,000 square feet.
b.
VC-1 Zoning District: 4,000 square feet.
c.
VC-2 Zoning District: 4,000 square feet.
17.
Pedestrian routes between the building and fueling area shall
be depicted on the plan and be distinguished by varied paving treatments
or striping.
18.
Only one loading zone shall be required. The minimum dimensions
of the loading zone shall be 15 feet in width and 50 feet in length.
No dedicated loading berth shall be required for refueling vehicles
or refuse collection vehicles. The loading zone may be located within
the required setback for accessory structures, but must adhere to
the parking area setback requirements. These provisions shall apply
in lieu of the requirements of § 1002.l.
19.
A sidewalk (five-foot minimum width) or a trail (eight-foot
minimum width) shall be provided along all street frontages, except
frontages along an expressway. The sidewalk/trail shall meet the standards
in the Newtown Township Comprehensive Trail Plan, or meet the safety
and/or aesthetic needs of Upper Makefield and Wrightstown Township's
governing bodies.
20.
Street access and driveways shall be designed in accordance
with the individual municipalities' requirements and PennDOT
requirements.
21.
Lighting shall conform to the following:
a.
All lighting shall conform to provisions of this section, unless
regulations for lighting included in the host municipality's
stand-alone lighting ordinance are more stringent, in which case the
more stringent regulations will apply.
b.
The maximum height of all parking lot and street lighting shall
be 15 feet.
c.
All lighting shall be a fully shielded with zero up-light design.
All non-LED lights shall be full cutoff. All lighting shall meet the
Illuminating Engineering Society (IES) standards, except where those
standards are in conflict with this Ordinance.
d.
A lighting plan shall be submitted with the conditional use
plan and the land development plan.
e.
All luminaires shall be shielded, controlled and appropriately
oriented so that the light levels shall not exceed 0.2 footcandles
as measured at grade at the common property line of a nonresidential
property, and the intensity illumination projected onto a residential
property or use shall not exceed 0.1 footcandles, measured at grade
at the common property line. The intensity of illumination onto adjoining
public roadways shall not exceed 0.5 footcandles, except within the
pavement of an ingress/egress driveway where light levels shall be
permitted up to a maximum of five footcandles.
f.
Lighting shall be dimmed to 50% no later than one hour past
the close of business unless the use is a twenty-four-hour-per-day
operation.
g.
In the OR, VC-1 and VC-2 Zoning Districts, the following lighting
requirements shall apply:
(1) Luminaires used to illuminate the canopy area shall
meet an up-light rating of U0 (zero up-light) in accordance with the
IES Luminaire Classification System (LCS). Architectural features
or after-market add-on features are not permitted to be used as a
means to meet this requirement. Luminaires shall be positioned in
a straight-down orientation and shall be recessed into the canopy,
if there is no structure surrounding the luminaire. No luminaire shall
be permitted to be aimed up into, or reflect off of, the canopy ceiling.
(2) Illumination of the pump island area shall be controlled
in a manner so that light level at any common commercial property
line or ultimate right-of-way line is not to exceed 0.2 footcandles
at grade, or shall not exceed 0.1 footcandles at grade along an existing
residential property line. The applicant shall submit a photometric
analysis of the pump island area lighting alone to demonstrate compliance
with this requirement, independent of other lighting in the area and
regardless of other lighting requirements herein.
22.
Except as required by law, there shall be no musical, audio
or video advertising or entertainment used exterior to the principal
building, including at the pumps.
23.
There shall be no high-speed diesel fueling stations as part
of the Motor Vehicle Fueling and Convenience Store use.
24.
A traffic impact study, in the form required by the host Township's
Subdivision and Land Development Ordinance, shall be submitted with
the land development application. Each submission shall not be deemed
complete without the traffic impact study.
25.
An environmental impact statement shall be submitted with the
land development application that includes an inventory of all private
and public wells within 3,500 feet of the property. The statement
shall also include the anticipated effect of the development on the
water supply and watershed along with a list of all safeguards to
be used at the facility. The statement must also include all requirements
in the host Township's Subdivision and Land Development Ordinance.
26.
Architectural drawings for the subject property shall be submitted
and reviewed as part of the special exception review.
27.
Information regarding the proposed frequency of deliveries to
the property, the type of vehicles that would be making deliveries
to the property and the nature of the material to be delivered shall
be provided with the special exception application.
28.
The number of shifts and the maximum number of employees expected
per shift for the use shall be provided with the special exception
application.
29.
The lot or property on which a Motor Vehicle Fueling and Convenience
Store use is proposed shall not abut a lot or property that contains
a residential use.
30.
The Board of Supervisors may limit the hours of operation if
a residential use is located within 750 feet of the subject property
line.
31.
A plan showing all proposed signs, in conformance with Article
XI of the JMZO, shall be submitted with the special exception application.
32.
Indoor and outdoor security cameras which can be accessed by
the township police shall be installed on the convenience store building,
the fueling area, and the dumpster shelter, if required by the host
municipality.
F.
All Common Carriers, Public Utilities, and Public Service Organizations.
F-1. Utility Operating Facility. Such use shall include a transformer
station, pumping station, relay station, tower (transmission or relay),
substation, sewage treatment plant, and any similar or related installation,
not including a public incinerator and public or private landfill,
and not including a Wireless Telecommunications Facility (Use 803.1),
provided:
1. Such installation is essential to serve the immediate community.
2. No public business office or any storage yard or storage building
is operated in connection with the use.
3. No facility nor projecting area thereof as viewed in the plan view
shall occupy greater than 10% of the property upon which it is located.
4. A fifty-foot buffer yard shall be provided along all property lines
in accordance with the buffer requirements in Article X herein.
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Parking. No less than two off-street parking spaces or one space
per employee, whichever requires the greater number of spaces. All
parking shall be screened in accordance with § 1001.F.6,
herein.
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F-2. Emergency Services. Emergency services shall include fire, ambulance,
rescue, and other emergency services of a municipal or volunteer nature,
on parcels with a minimum size of three acres, provided:
Parking. No less than one off-street parking space for every
employee 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 gross floor area. All off-street parking requirements
shall be determined by the number of trucks, if there is no community
room on the premises, or the requirements for community rooms, if
it applies. All parking areas shall be screened in accordance with
§ 1001.F.6, herein.
F-3. Terminal. A terminal shall include a railway station, bus station,
airport, or heliport, provided:
Parking. All off-street parking shall be adequate as determined
by the municipal planning commission and governing body. All parking
shall be screened in accordance with § 1001.F.6, herein.
F-4. Utility Office. Such use shall include but not be limited to a telephone
central administrative office, provided:
Parking. No less than one off-street parking space for every
470 square feet of gross floor area, plus one space for every employee.
All parking shall be screened in accordance with § 1001.F.6,
herein.
G.
Industrial Uses.
G-1. Manufacturing. Manufacturing uses shall include but not be limited
to the production, processing, cleaning, and testing of materials,
goods, foodstuffs, and products, and the commercial generation of
electricity, provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-2. Research. Such use shall include a research or testing facility,
and an experimental laboratory, provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-3. Wholesale Business, Wholesale Storage, Warehousing. Wholesale business,
wholesale storage, or warehousing, with no retail sales, including
a farm cooperative within a roofed structure.
Parking. No less than one off-street parking space for every
500 square feet of gross floor area, plus one space for each company
vehicle normally stored on the premises. All parking shall be screened
in accordance with § 1001.F.6, herein.
G-4. Mini Storage. Such use shall include the storage of items, limited
to personal property generally stored in residential structures, within
a warehouse structure or mini warehouse structure, provided:
1. Such use shall be surrounded by a physical barrier measuring at least
six feet in height (see buffer standards in Article X).
2. The minimum driveway width between buildings shall be 20 feet.
3. Each structure shall exceed 6,000 square feet in size.
4. No business activity other than leasing of storage units shall be
permitted.
5. All storage shall be within enclosed buildings.
6. Explosive, radioactive, or highly flammable materials, as defined
in Article IX herein, shall be prohibited.
7. Parking. No less than one off-street parking space for each 2,000
square feet of gross floor area of storage; plus one space for each
company vehicle normally stored on the premises; plus one space for
each employee, to be located at the project office; plus one space
for each 10,000 square feet of gross floor area of storage, to be
located at the project office. All parking shall be screened in accordance
with § 1001.F.6, herein.
G-5. Printing. Such use shall include printing, publishing, and binding,
provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-6. Contracting. Contracting shall include offices and supply shops such
as building supplies, cement, electric, heating, plumbing, masonry,
painting, and roofing, provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-7. Truck Terminal. A use of land and structures for the purpose of handling
freight from one truck to another, including some short-term warehousing.
Such use shall be permitted, provided:
1. The truck terminal is granted operating authority by the Pennsylvania
Public Utilities Commission or the Interstate Commerce Commission.
2. The minimum lot size for such use shall be 25 acres.
3. Such use shall be located no closer than 1,000 feet to a residential
district;
4. Trucks with compressors running 24 hours a day shall be located within
a quadrangle of buildings or walls.
5. Parking. No less than 10 off-street parking spaces for every nine
employees, or one space for every 470 square feet of gross floor area,
whichever requires the greater number of spaces, plus one space for
each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-8. Planing Mill. A planing mill shall include facilities where wood
products are processed to finished items such as molding, trim, etc.,
provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-9. Lumber Yard. Such use shall include a lumber yard and may include
millworking as an accessory use, provided:
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-10.
Trades. Such use shall include a plumbing shop, carpentry shop,
cabinet-making, furniture-making, provided:
Parking. No less than three off-street parking spaces for each
four employees on the largest shift, or one off-street parking space
for every 500 square feet of gross floor area, whichever requires
the greater number of spaces, plus one space for each company vehicle
normally stored on the premises. All parking shall be screened in
accordance with § 1001.F.6, herein.
G-11.
Fuel Storage and Distribution. Such use shall include fuel storage
and distribution tanks and related buildings, provided:
1. Maximum lot area shall be five acres.
2. Parking. No less than one off-street parking space for every employee,
plus one space for each company vehicle normally stored on the premises.
All parking shall be screened in accordance with § 1001.F.6,
herein.
G-12.
Recycling and Refuse Facility. Such use shall include an area
of land, with or without buildings, that is used for the storage of
used or discarded materials, including but not limited to waste paper,
rags, metal, building materials, house furnishings, machinery, vehicles,
and parts thereof, with the dismantling, processing, salvage, sale,
or other use or disposition of the same, two or more motor vehicles
not having valid inspection stickers issued by the Pennsylvania Department
of Transportation, excluding farm vehicles, or two or more wrecked
or broken vehicles, or major parts of two or more such vehicles, provided:
1. The proposed use of an area shall not be detrimental to adjacent
land uses.
2. There shall be a maximum lot size of five acres.
3. Such use shall be a minimum of 700 feet from any public road as measured
from the centerline of the road.
4. The land area used for such purposes shall not be exposed to public
view from any residence or public street or road.
5. Such use shall be entirely enclosed by a solid fence or wall, at
least six feet high and constructed of plank boards, brick, cinder
block, or concrete, with access only through solid gates. Such fence
or wall shall be kept in good repair and neatly painted in a uniform
color.
6. A dense evergreen buffer shall be provided on the outside perimeter
of the fenced area. Evergreens shall be four to five feet in height
and planted on ten foot staggered centers.
7. The contents of such use shall not be placed or deposited to a height
greater than the height of the fence or wall herein prescribed.
8. There shall be no compacting of automobiles and no storage of auto
chassis from which usable parts have been removed.
9. The storage of paper shall be within a building.
10.
The storage of toxic chemicals or nuclear wastes shall be prohibited.
12.
All such uses shall be sealed from groundwater contamination
and shall provide groundwater monitoring wells in accordance with
the requirements of the municipality.
13.
Parking. No less than 10 off-street parking spaces for every
nine employees, or one space for every 470 square feet of gross floor
area, whichever requires the greater number of spaces, plus one space
for each company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6, herein.
G-13.
Radio or Television Transmitter. A radio or television transmitter
shall include a transmitting tower and supportive buildings, provided:
1. Such transmitter requires licensing by the Federal Communications
Commission.
2. Such transmitter shall be a minimum of 50 feet or 1 1/2 times
its height, whichever is greater, from its property line.
3. Parking. No less than 10 off-street parking spaces for every nine
employees, or one space for every 470 square feet of gross floor area,
whichever requires the greater number of spaces, plus one space for
each company vehicle normally stored on the premises.
G-14.
Quarry. Such use shall include extractive operations for sand,
clay, shale, gravel, topsoil, stone, and similar operations, including
borrow pits (excavations for removing material for filling operations)
subject to the following provisions:
1. No extraction shall be conducted closer than 200 feet to the boundary
of any district in which extraction is permitted nor closer than 300
feet from the center line of any street, nor closer than 400 feet
to the point of intersection of the center lines of two streets. The
setback area shall not be used for any other use in conjunction with
extraction except access streets, berms, screening, landscaping and
signs.
Except where a railroad is a district boundary line, there shall
be a berm of average height of 15 feet and maximum height of 50 feet.
The slope of the sides of berm shall not exceed a 1:1 ratio. Berms
shall be planted and dusted, and erosion control measures shall be
taken as may be approved by the U. S. Soil Conservation Service. Planting
and berms shall begin at a point no closer to a street than the ultimate
right-of-way line. No berm shall be constructed closer than 50 feet
to a district in which extraction is not permitted. The municipality
may require additional planting pursuant to the standards of Article
X herein.
2. A chain-link fence at least 10 feet in height, surmounted by three
strands of barbed wire, shall be required within the setback area
at a point no closer than the ultimate right-of-way line, to be maintained
in a constant state of good repair. Appropriate warning signs shall
be mounted or posted along the fence at intervals of not more than
100 feet.
3. An adequate internal circulation pattern of streets shall be maintained
between the excavation sites and processing areas. Use of public streets
shall not be permitted for hauling between extractive and processing
areas except where required in connection with such pattern or for
access of vehicular traffic originating from or destined to points
beyond the limits of such excavation sites and processing areas. Access
shall be regulated in accordance with the municipal subdivision and
land development ordinance.
4. No slope shall be maintained exceeding the normal limiting angle
of slippage of the material in which the excavation or extraction
is being made. No undercutting shall be permitted within the setback
area except for tunnels to provide transportation of materials between
extractive and processing areas.
5. All operations shall be conducted with sufficient lateral support
to be safe with respect to: (1) hazard to persons, (2) physical damage
to adjacent lands or improvements, or (3) damage to any street, sidewalk,
parking area or utility by reason of slide, sinking or collapse.
6. Stockpiles shall not exceed 100 feet in height and shall not be located
closer than 200 feet to any district boundary line nor closer than
300 feet to the centerline of any street except where a railroad is
the district boundary line or where the contiguous district is a district
in which extraction is permitted. All reasonable precautions shall
be taken to prevent any materials or wastes deposited upon any stockpile
from being washed, blown, or otherwise transferred off the site by
normal causes or forces.
7. All drainage from the site of extractive operations shall be controlled
by dikes, barriers, or drainage structures sufficient to prevent any
silt, debris, or other loose materials from filling any existing drainage
course or encroaching on streets and adjacent properties.
8. No ground vibration caused by blasting or machinery shall exceed
the limits established by the Act of July 10, 1957, P.L. 685, as amended,
73 P.S., §§ 164-168, and the rules and regulations
adopted thereunder, with the exception that no blasting shall cause
a peak particle velocity greater than 1.0 inch per second, measured
at any property line or at the centerline of any street.
10.
The operator shall, within six months of the effective date of this Ordinance, obtain a use and occupancy permit as required within §
1403 herein.
11.
Parking. Off-street parking spaces shall be provided as the
municipal governing body and planning commission shall determine as
adequate to serve customers, employees, visitors, and vehicles normally
parked on the premises.
G-15.
Medical Marijuana Grower/Processor. A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a Medical Marijuana Permit issued by the Department of Health
of the Commonwealth of Pennsylvania under the Medical Marijuana Act
(Act 16 of 2016) to grow and process medical marijuana. The term does
not include a Health Care Medical Marijuana Organization under Chapter
19 of the Medical Marijuana Act. A Medical Marijuana Grower/Processor
shall be subject to the following regulations:
[Added effective 12/9/2018 by JMZO Ord. No.
2017-02, adopted 12/4/2018.]
1. A Medical Marijuana Grower/Processor shall be owned and operated
in accordance with all applicable laws and regulations, including
the Medical Marijuana Act and federal memoranda regarding medical
marijuana.
2. Parking. No less than one off-street parking space for every nine
employees, or one space for every 470 square feet of gross floor area,
whichever requires the greater number of spaces, plus one space for
every company vehicle normally stored on the premises. All parking
shall be screened in accordance with § 1001.F.6 herein.
3. As part of the conditional use application, the applicant shall verify
that the proposed Medical Marijuana Grower/Processor is not within
1,000 feet of the property line of a public, private, or parochial
school, preschool or day-care facility.
G-16.
Lawful Use Not Otherwise Permitted. This Section is intended
to provide for any lawful use which is required to be permitted by
the Pennsylvania Municipalities Planning Code and which is not otherwise
permitted in other use categories described in this Section.
Lawful use not otherwise permitted shall be subject to the following
regulations in addition to the regulations found in Articles IX and
XIII hereof:
1. The use must comply with the front, rear and side yards, minimum
lot area, maximum building height and impervious surface area requirements
of the district in which the use is proposed.
2. The applicant must demonstrate that the use proposed will comply
with all permit requirements of the Pennsylvania Department of Environmental
Protection or any other Commonwealth or Federal Governmental Agency
which regulates such use.
3. A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with §
1003 of the Zoning Ordinance and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use including, but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
4. An applicant for conditional use approval for any lawful use not
otherwise permitted at the time the conditional use application is
submitted, shall submit an Environmental Impact Assessment Report
in accordance with the provisions of Appendix A, Environmental Impact
Assessment Report, incorporated into this Ordinance.
H.
Accessory Uses.
H-1. Home Occupation or Accessory Office. This use shall include, but
is not limited to, such home occupations as offices for the professional
practice of architecture, accounting, law, engineering, clergy and
teaching, and including such subprofessional occupations as retailing
products such as greeting cards, cosmetics, household wares, vitamins,
antiques and the like, typing service, home crafts and small item
repair shops, not including vehicular repair, provided:
1. The Home Occupation or Accessory Office shall not constitute a possible
nuisance to neighbors because of noise levels, odors, significantly
increased traffic, extra lights and or night activity, the production
or storage of hazardous products and by-products, or the keeping of
dangerous animals.
2. The Home Occupation or Accessory Office shall be accessory to a residence
and carried on wholly indoors and within a dwelling or other structure
accessory thereto.
3. There shall be no use of show windows, display or advertising visible
outside the premises, except as provided for signs in Article XI.
4. There shall be no exterior storage of materials.
5. No article shall be sold or offered for sale except such as may be
produced, repaired, refinished or assembled on the premises.
6. Servicing by commercial vehicles for supplies and/or materials shall
not be permitted at a frequency greater than twice a week.
7. The Home Occupation or Accessory Office shall be carried on only
by inhabitants of the principal dwelling and not more than one additional
employee.
8. The total floor area of a premises devoted to any and all Home Occupations
and/or Accessory Offices on that premises shall not be more than an
amount equal to 25% of the ground floor area of the principal residential
structure, or 400 square feet, whichever is less.
9. This use shall not include the following: veterinary practice; animal
hospital; barber shop and/or beauty parlor; commercial stable and/or
kennel; funeral parlor and/or undertaking establishment; tourist home;
restaurant; rooming, boarding and/or lodging house; and medical, psychology
and/or dental office, clinic and/or hospital.
10.
Parking. In no case shall more than two additional off-street
parking spaces be provided in addition to those required for normal
residential use. Such parking shall be provided on the lot of the
residence. All parking shall be screened in accordance with § 1001.F.6
herein.
H-2. No-Impact Home Based Business. This use is limited to a business
or commercial activity administered or conducted as an accessory use
which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential
use. The business or commercial activity must satisfy the following
requirements:
1. The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
2. The business shall employ no employees other than family members
residing in the dwelling.
3. There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
4. There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
5. The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
6. The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
7. The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
8. The business may not involve any illegal activity.
9. A no-impact home-based business is not permitted where prohibited
by a deed restriction, covenant or agreement restricting the use of
land, master deed, bylaw or other document applicable to a common
interest ownership community.
H-3. Residential Accessory Structure. Such use shall include a residential
accessory structure or use, including but not limited to:
1. Structures such as fences and freestanding walls, which shall meet
the following requirements:
[Amended effective 11/18/2013 by JMZO Ord. 2013-05, adopted
11/13/2013.]
a.
The maximum height shall be four feet in the front yard and
seven feet elsewhere, except that for "post and rail" or "post and
board" fences, a maximum fence height in the front yard of five feet
shall be permitted, provided that the fence has a minimum of 50% open
area.
b.
Any fence over six feet in height shall have effective apertures
representing no less than 25% of the surface area if the surface area
is in one plane, and no less than 40% of the surface area if surfaces
are staggered.
c.
Any fence in the side yard which is over six feet high must
be landscaped on the side toward the street unless it is parallel
to or on the side lot line.
d.
On a reverse frontage lot, any backyard fence over six feet
in height shall be landscaped on the side toward the street.
e.
If a lot fronts on two or more streets, the height limitations
defined in Subsection 803.H-3.1.a above shall apply along all of the
streets.
f.
There shall be no fences located in drainage easements or drainage
swales which are part of an approved stormwater management plan.
g.
Fences and walls shall be kept in good repair.
h.
Where a fence is installed on a man-made berm, the height of
the berm shall be included when calculating maximum fence height.
i.
Materials and Construction.
(1)
For fences that require posts or framework for support, the
posts or framework must face the interior of the lot.
(2)
Fences with only one finished side shall be installed such that
the finished side faces the exterior of the property.
(3)
Where cooperating property owners with a common property line
are both installing fences of the same height and of the same length,
the finished side may face the interior of the property and/or the
posts or framework may face the exterior of the property.
2. A garage for the parking of passenger automobiles and commercial
vehicles not exceeding 3/4-ton loading capacity; such structure, whether
attached or detached, shall meet the yard requirements of the zoning
district within which it is located;
3. Buildings such as storage sheds, bath houses, and private greenhouses,
barns, etc.;
4. No greater than one residential accessory apartment for domestic
servants, caretakers employed on the premises, occasional gratuitous
guests, or for permanent residence of family members related by blood,
marriage, or adoption provided that:
a.
Not less than two off-street parking spaces shall be provided
for each dwelling unit. In addition, no off-street parking shall be
permitted in the front yard. Parking in the side and rear yards shall
be visually buffered from the street and the adjacent yards.
b.
A permit is obtained from the Bucks County Department of Health
certifying the adequacy of the sewage facilities for two family uses;
c.
Any new construction conforms to the yard and building setback
requirements for single family dwellings in the zoning district in
which the use is located. (Requirements of § 1000.E.4 do
not apply to this use.).
d.
The applicant for a residential accessory apartment must provide
satisfactory evidence that the water supply servicing the location
is sufficient to service all uses located therein including the proposed
apartment use without appreciably affecting the water supply of the
surrounding property owners;
e.
If attached to the primary residence, the residential accessory
apartment shall be designed and constructed in such a way as to maintain
the primary residence's appearance as a single family residence. If
located within an accessory building, it shall be designed and constructed
in such a way as to maintain the appearance of a structure customarily
accessory to a use permitted in the zoning district such as a garage,
barn, or other permitted structure.
f.
Upon termination of the family member use of the accessory structure,
its use shall revert only to a permitted use in the zoning district
in which the structure is located.
H-4. Boarding. Boarding shall include the keeping of not more than two
roomers, boarders, or lodgers on a lot. Boarding may be permitted
as an accessory use only to a principal Use B-1, provided:
1. The use of an existing building for boarding shall be permitted subject
to the following regulations:
a.
Applications shall be filed with the zoning officer.
b.
The application shall consist of a written request and the following
information:
(1)
Four photographs of the house, one showing each side of the
building;
(2)
Sketch plan of the lot showing width and depth of the lot, size
and location of all structures, including any accessory buildings
such as garages and storage sheds;
(3)
A statement indicating the number of proposed dwelling units
and occupancy capacity, the room size of each, type of unit, the total
building floor area per occupant and open yard space area per occupant;
and
(4)
Sketch plan of each floor in which dwelling units will be located
showing the dimensions of each dwelling unit.
2. Any dwelling converted shall be occupied in part by the owner or
his agent.
3. No additional rooms shall be constructed for this purpose.
4. No separate cooking facilities or dwellings shall be created.
5. Only one boarder or lodger shall be permitted per property in the
VR1 and VR4 Districts.
6. Parking. No less than one off-street parking space shall be provided
for each roomer. All parking shall be screened in accordance with
§ 1001.F.6, herein.
H-5. Accessory Building. Such use shall include an accessory building
or structure, or uses customarily incidental to nonresidential uses,
except outside storage, provided:
1. Any use accessory to a use permitted only under a special exception
shall be established only and as provided in such exception.
2. A trailer or shipping container, whether or not removed from its
wheels and mounted on a permanent foundation, may not be used as an
accessory building.
3. Parking. Shall conform to the requirements of the most closely related
use in Article VIII of this Ordinance.
H-6. Outside Storage.
1. Outside storage, other than storage as a primary use of the land,
necessary but incidental to the normal operation of a primary use,
subject to the following additional provisions:
a.
No part of the street right-of-way, no sidewalks or other areas
intended or designed for pedestrian use, no required parking areas,
and no part of the required front yard shall be occupied by outside
storage.
b.
Outside storage areas shall occupy an area of less than 1/2
the existing building coverage.
c.
Outside storage areas shall be shielded from view from the public
streets.
2. Uses requiring more substantial amounts of land area for storage
may be exempt from the provisions of paragraphs H-6, 1.b and c. above
when granted as a special exception by the Local Zoning Hearing Board.
Such uses shall be subject to the following additional provisions:
a.
No more than 25% of the lot area shall be used in outdoor storage.
b.
In particular, uses appropriate for consideration under this
provision include, but are not limited to, any nursery (Agriculture
and Horticulture, Use A-1), Automotive Sales (Use F-11), Truck Terminal
(Use G-7), and Lumber Yard (Use G-9).
c.
Among the uses that shall not be considered appropriate for
inclusion under this provision are Retail Shop (Use E-1), Repair Shop
(Use E-7), Service Station (Use E-10), Repair and Automotive Car Wash
(Use E-12), Automotive Accessories (Use VIII-63 E-13), Wholesale (Use
G-3), Contracting (Use G-6), and Trades (Use G-10).
3. The storage of tractor trailers, panel trucks, vans, and similar
vehicles which supply or service establishments in commercial or industrial
districts shall be permitted provided that such vehicles shall be
used by the establishment in the normal conduct of its business.
H-7. Temporary Structure. Such use shall include a temporary structure
or use. A temporary permit may be issued for structures or uses necessary
during construction or other special circumstances of a non-recurring
nature, subject to the following additional provisions:
1. The time period of the initial permit shall be six months. This permit may be renewed for three month time periods, subject to the limitations specified §
1403.
2. Temporary nonconforming structures or uses shall be subject to authorization
by the zoning officer or governing body.
3. Such structure or use shall be removed completely within 30 days
of the expiration of the permit without cost to the municipality.
4. Campers, recreation vehicles, and boats shall be stored on the premises
by the occupant of the premises only and then only behind the front
line of the house.
5. Tractor trailers shall not be permitted to be parked in residential
districts.
H-8. Swimming Pool. A swimming pool shall be permitted as an accessory
to a residential use, provided:
1. Swimming pools, in general:
a.
No person, owner or occupant of land shall install or maintain
a swimming pool or other artificial body of water capable of being
filled to a depth exceeding 12 inches at the deepest or lowest point
unless a permit is first obtained from the local enforcement officer
and the required plans and information are filed, together with required
permit fees. Wading pools exempt from the provisions of this Ordinance
are those temporary pools of a plastic, light metal, or other light
duty materials which do not exceed a struck volume depth of 12 inches
at the deepest or lowest point, and in addition, which are completely
emptied of water when not in use.
b.
The setback for swimming pools and all their appurtenances including
but not limited to decks, copings and filter equipment shall be at
least 10 feet from the side and rear property lines. If the side and
rear yard setbacks for the lot size in the zoning district in which
the property is situated are less than 10 feet, then such smaller
setbacks shall apply. No swimming pools may be located in the front
yard.
c.
Building permits are required prior to the construction, alteration,
remodeling, or additions to a swimming pool or other artificial water
areas not specifically exempt from this Ordinance.
d.
No person, owner, or occupant of land shall install or maintain
a non-exempt wading pool as defined in this Ordinance unless a permit
is obtained from the local enforcement officer and written approval
obtained upon inspection and subject to the discretion of the inspection
officer, except as hereinafter provided.
2. Any pool or water area subject thereto shall be suitably designed,
located, and maintained so as not to become a nuisance or hazard either
to adjoining property owners or the public generally. All detachable
ladders shall be removed when the pool is not in use.
3. Outdoor lighting, if used, shall be installed in such a way as to
be shielded and not to reflect toward or into the interior of adjacent
residential properties.
4. All electrical work connected with the pool and all equipment incidental
thereto shall comply with all underwriters' regulations and must be
inspected and certified by an electrical underwriter's inspection
agency prior to the issuance of a certificate of compliance. In no
event may said pool be used prior to such approval.
5. If pools are connected to any water, sewer, or public utility line,
there must be installed a separate valve controlling such line, both
as to supply and drainage, and a permit must be obtained prior to
installation from the agency furnishing such utility service. A minimum
isolation distance of 25 feet shall be required between a swimming
pool and any sewage disposal system.
6. Approved filtration systems and circulators must be provided for
all pools except such exempt or non-exempt wading pools as are emptied
on a daily basis as hereinafter provided.
7. All pool installations shall conform to all applicable building codes.
8. In no case shall water in the pool or pool area be permitted to emit
an offensive odor or create any unhealthy condition. Further, it shall
be a violation of this Ordinance to cause or allow drainage onto adjoining
land, public or private; provided, however, that the building officer
may issue a permit for drainage into storm sewers at his discretion.
9. No pool shall be located under any electric power lines (including
service lines), and the pool must be located at least 10 feet (measured
horizontally) from such power lines.
10.
No water shall be placed in the pool until a fence, as required
by this Ordinance, has been completed.
11.
Fencing of Pools:
a.
Permanent swimming pools above or below grade must be completely
enclosed with a minimum four-foot high chain link, stockade, picket,
(not exceeding four inch spacing), solid wooden fence, building wall,
or such other material as may be acceptable, at the discretion of
the building inspector, to carry out the intent of this Ordinance.
No fence except a chain link fence shall be higher than five feet,
nor shall any chain link fence be higher than seven feet, unless higher
fences are authorized as a special exception by the Local Zoning Hearing
Board. Existing fences are exempt only insofar as they exceed maximum
height requirements.
b.
Swimming pools equipped with surrounding elevated walkways that
are at least four feet above the ground need not be fenced if the
construction is such that it prevents access to the water by small
children, and ladders or steps from the ground are removed or the
pool is made inaccessible, when not attended.
c.
Plastic, aluminum, or other types of exempt wading pools incapable
of being filled to a depth in excess of 12 inches (at deepest or lowest
point) and which are completely emptied of water on a daily basis
or when not in use shall be exempt from the fencing provisions of
this Ordinance.
12.
Swimming pools shall be considered impervious surface for the
purpose of calculation of the impervious surface ratio.
[Amended effective 9/23/2018 by JMZO Ord.
No. 2017-04, adopted 9/18/2018.]
H-9. Accessory Retail. Such use as catalogue or party sales which is accessory
to a primary residential use, provided:
1. The gross floor area of such use shall not exceed 300 square feet.
2. Such use shall be carried on wholly indoors.
3. Such use shall not include any other retail commercial characteristic
which detracts materially from the character of the district or surrounding
neighborhood.
4. Parking. No less than one off-street parking space for every 150
square feet of gross floor area. All parking shall be screened in
accordance with § 1001.F.6, herein.
H-10.
Dwelling in Combination with a Business. One apartment accessory
to a primary commercial or office use shall include an owner-occupied
apartment located in the rear of or over a business, provided:
1. The regulations governing Residential Conversion, Use B-16, shall
be met.
2. In the TC Town Commercial District, such uses shall not be limited
to one apartment or to owner occupancy. Two off-street parking spaces
shall not be required for each dwelling unit when an equal number
of parking spaces is provided for the principal, business use on the
property.
H-11.
Bed and Breakfast. A Bed and Breakfast is any building or residence
used for accommodation of transient guests which is not a Motel, Hotel
or Inn as enumerated in § 803.E-8 hereof. Such uses shall
be subject to the following provisions:
1. Except in the TC Town Commercial District and the VC-1 District,
such uses shall be accessory only to a single-family detached residential
use that is in compliance with the provisions of the district in which
it is located.
2. Except in the TC Town Commercial District and the VC-1 District,
such uses shall be subordinate to the principal owner occupied residential
use.
3. Maximum number of guest rooms in the CM, CR-1, CR-2, R-1 and R-2
Districts shall be six. In the VR-1, VR-4, TC, and VC-2 Districts,
the maximum number of guest rooms shall be four. In the VC-1 District,
the maximum number of guest rooms shall be eight.
4. Minimum lot size:
a.
In the CM Zoning District: three acres for first two guest rooms,
plus 1/2 acre for each additional guest room.
b.
In R-1 and CR-1 Zoning Districts, 60,000 square feet for first
two guest rooms, plus 1/2 acre for each additional guest room.
c.
In the R-2 and CR-2 Zoning Districts, 50,000 square feet for
the first two guest rooms, plus 1/2 acre for each additional guest
room.
d.
In the VR-1, VR-4, TC, VC-1 and VC-2 Zoning Districts, the minimum
lot size which is permitted in the district in which the use occurs.
5. At least one bathroom shall be provided for first guest room plus
one bathroom for each two additional guest rooms. The living quarters
for the residents shall have their own bathroom or bathrooms.
6. Any one or more guests may not remain in the same Bed and Breakfast
facility for more than 14 days in a six-month period.
7. No external alterations, additions, or changes to the exterior structure
shall be permitted, except as required by the Pennsylvania Department
of Labor and Industry or for safety reasons as required by any other
governmental agency. Fire escapes or external stairways shall be located
either to the rear or to the side of the residence.
8. Such use shall be subject to the Municipality's Fire Code.
9. Nonresident employees shall be limited to two in addition to the
resident members of the family.
10.
There shall be no separate kitchen or cooking facilities in
any guest room. Food served to overnight guests shall be limited to
breakfast. There shall be no restaurant facilities on the premises
open to the public.
11.
The use of any outdoor amenities provided on the premises, such as a swimming pool or tennis court, shall be restricted to the resident family and its guests and to the guests of the establishment. Any swimming pool provided for use by guests shall comply with the provisions of §
803 H-8 of this Ordinance.
12.
If the outdoor amenities in subparagraph 11 above are within
100 feet of a property line, an evergreen hedge or row of evergreen
trees shall be planted along the property line, which will block the
view of the recreation facilities from the adjacent property in accordance
with the buffer yard standards of this Ordinance.
13.
The use of outdoor amenities by the Bed and Breakfast guests
shall be limited to the hours of 9:00 a.m. to 10:00 p.m.
14.
The Bed and Breakfast use may not be established until there
is compliance with the applicable provisions of the municipal Building
Code, as well as other municipal rules and regulations, and a Use
Permit has been issued by the local Zoning officer.
15.
A Conditional Use shall not be granted unless the applicant
has obtained a valid Bucks County Department of Health permit for
this intended use. If the proposed use is to be served by a public
sewage system, the applicant shall submit documentation from the servicing
authority that the proposed use will be served.
16.
Parking. There shall be one off-street parking space per guest
bedroom provided on the premises, in addition to other off-street
parking spaces required by this Ordinance. The off-street parking
spaces shall be located either to the rear of the main dwelling or
screened from the roadway and adjacent properties by fencing or natural
vegetation in accordance with the buffer yard standards of this Ordinance.
H-12.
Microwave Antenna for Television Receiving Only Satellite Earth
Stations. A parabolic ground based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a dish antenna, or any other type of antenna, used or intended
to receive radio or electromagnetic waves from an overhead satellite
shall be permitted as a Use by Right in all districts, subject to
the following regulations: (This use shall in no event be construed
to permit as a permissible accessory use a microwave antenna for satellite
communication used or intended to be used for the propagation or transmission
of radio or electromagnetic waves, such uses being permitted only
as G-13 Radio or Television Transmitter.)
1. All Residential Districts - microwave antenna shall be considered
a permissible accessory use subject to the following:
a.
The yard requirements for the location of a microwave antenna
shall be those requirements specified for a single-family dwelling.
The measurements shall be taken from the edge of the screening required
under this subsection.
b.
In lots of less than 10 acres, microwave antennas shall not
be permitted in the front yard except as a special exception by the
Local Zoning Hearing Board upon proof by the applicant that the microwave
antenna cannot be feasibly located in any other area on the lot in
question. On lots of 10 acres or more, the antenna is permitted in
the front yard only if it is not visible from the street or from adjoining
lots. If it is visible from the street or from adjoining lots, the
antenna will not be permitted unless approved by a special exception
granted by the Local Zoning Hearing Board upon proof that it cannot
be feasibly located in any other area.
c.
The diameter of the microwave antenna shall not exceed nine
feet.
d.
When separately supported, the total height of the microwave
antenna shall not exceed 10 feet, unless approved as a special exception
by the Local Zoning Hearing Board.
e.
Roof mounting is not recommended. If roof mounted, the microwave
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 ridge
line. Provided, however, in no event shall a roof mounted microwave
antenna exceed three feet in diameter. Microwave antennas shall not
be mounted on chimneys.
f.
No more than one microwave antenna shall be permitted on any
lot.
g.
When not roof mounted, the microwave 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 microwave antenna, a screening plan
must be submitted to and approved by the local municipality.
h.
Before erection of any such microwave antenna a permit application
shall be made to the municipality and a permit issued in accordance
with § 1403.C.1.d of this Ordinance.
i.
In the historic districts, microwave antenna shall be permitted
only upon approval of a conditional use subject to the following conditions:
(1)
Compliance with the provisions of subparagraphs 803.H-12.1.a
through h. hereof;
(2)
Satisfactory proof that the microwave antenna will not be visible
from any public street passing through the historic district and that
its size, location, and type of buffer will not be designed or located
in such a way as to impinge on or diminish historic value of homes,
businesses, and other historic structures within the historic districts.
2. All Other Districts - Microwave antenna shall be considered a permissible
accessory use subject to the following regulations:
a.
A microwave antenna shall be subject to the most restrictive
yard requirements for uses within the district in which it is proposed.
b.
The diameter of a microwave antenna shall not exceed nine feet.
c.
The total height of the microwave antenna shall not exceed 10
feet.
d.
A microwave antenna shall not be a permitted in the front yard
except as a special exception by the Local Zoning Hearing Board upon
proof by the applicant that the microwave antenna can be located in
no other location on the lot in question. Applicant shall have the
burden of establishing that a microwave antenna proposed to be located
in a front yard can be visually screened from the street and from
adjoining properties and failure to meet that burden shall be grounds
for denial of the application for special exception.
e.
When not roof mounted, a microwave antenna shall be screened
by staggered plantings of evergreens which present a solid visual
barrier. Before a permit will be issued for the erection of a microwave
antenna, a screening plan must be submitted to and approved by the
local municipality.
f.
Roof mounted microwave antennas shall not be permitted which
exceed three feet in diameter unless they are totally screened from
view.
g.
Microwave antennas shall not be mounted on chimneys.
h.
Before erection of any such microwave antenna, a permit application
shall be made to the municipality and a permit issued in accordance
with § 1403.C.1.d.i.
H-13.
Noncommercial Accessory Radio Antenna.
1. Scope.
a.
Antennas and structures covered by this Section include those
used by amateur and citizen band radio operators, "short wave" listeners
and experimenters; and those used for educational purposes. All such
uses shall be noncommercial and involve no direct or indirect compensation
to the operator of the connected apparatus.
b.
The term "radio station" includes any means for the transmission
or reception of electromagnetic waves in any legitimate form not prohibited
by the Federal Communications Commissions. This includes radio, television,
facsimile and other forms of data transmission and reception.
c.
This Section does not pertain to satellite dish antennas for
receiving commercial television programs such use being regulated
by § 803.H-12 of this Ordinance.
d.
This Section does not apply to wire and "whip" antennas nor
to unguyed single element vertical antennas of less than 35 feet in
height, unless such antenna is mounted on or supported by a mast pole
or tower which, with the antenna added, exceeds the height limitations
in § 803.H-13.3. This Section does not specifically apply
to tower mast and pole-supported multiple element arrays such as,
but not limited to, "Yagi," "quad," "loop," "dish," "ground plane"
and similar antennas.
2. Location on Property.
a.
All poles, masts and towers used to support antennas, and all
parts of the antenna structures which they support, including beams
and reflectors, shall be placed or extend no closer than five feet
to an official right-of-way or to property under an easement. An exception
shall be made to this requirement where a tree, existing pole or other
structure nearer to a property line or easement than the above stated
distances is used to support the end of a wire antenna. In addition
to the above limits, the height of the antenna may impose other location
limitations as described in § 803.H-13.3 herein.
b.
No ground-mounted poles, masts and towers used to support an
antenna shall be located in a front yard. If roof-mounted, they shall
not extend over the front edge of the roof.
3. Height. The highest point of any antenna, ground or roof-mounted,
and its supporting structure shall not exceed in height an amount
equal to the distance, at ground level, from a point directly under
the center of the antenna mounting structure to the nearest right-of-way
or property line, unless a building permit for its construction is
obtained as described in § 1403.C. herein. In addition,
antennas over the following heights shall require building permits
regardless of location:
a.
Antenna with ground-mounted support structure: 60 feet, except
that no such antenna shall exceed a height of 150 feet except upon
approval of a special exception by the Local Zoning Hearing Board
upon proof by the applicant that the contribution of such antenna
to the health, safety and welfare of the community will be of such
value as to outweigh any criticisms to its construction which may
be made by duly-notified neighbors who own property within 1,000 feet
of the proposed antenna site.
b.
Antenna with roof or building-mounted supports: 20 feet above
peak roof height.
4. Compliance with Federal Regulations and National Electric Code. All
antennas and structures shall comply with all Federal Communications
Commission (FCC) Regulations and to all requirements of the National
Electric Code as applicable.
5. Construction Requirements. The construction of antennas and support
structures shall conform to the latest adopted municipal building
code.
6. Maintenance. All antennas and support structures shall be maintained
so as to prevent any unsafe conditions from occurring. This shall
include repainting of support structures where appropriate, replacing
broken or badly corroded support elements, tightening loose mounting
hardware, etc.
7. Permits. Any antenna and support structure covered by § 803.H-13
shall require a use permit, the application for which shall include
a sketch showing location of the proposed structure on the property
with measured distances to the property and right-of-way lines, and
shall include a statement as to type of structure and height. In addition,
any antenna and support structure which exceeds the height limitations
of § 803.H-13.3 shall require a building permit as described
in § 1403.C herein.
H-14.
Bituminous Asphalt and Ready-mix Concrete Use Accessory to Quarry
Use.
1. A bituminous asphalt plant shall be a plant or operation which has
as its primary function the mixing of rock materials with asphalt
oils or other binders for road building or construction purposes.
A ready mix concrete plant shall be a plant or operation which has
its primary function the mixing of materials to make concrete. Such
uses shall be subject to the following conditions:
a.
Bituminous asphalt and ready mix concrete plants shall be permitted
only as accessory uses to Use G-14, Quarry.
b.
In addition to the requirements of Use G-14 Quarry, bituminous
asphalt and ready mix concrete plants shall be subject to the following
requirements:
(1)
The use must comply with the front, rear, and side yard, minimum
lot area, maximum building height and impervious surface area requirements
of the district in which the use is proposed.
(2)
The applicant must demonstrate that the use proposed will comply
with all permit requirements of the Pennsylvania Department of Environmental
Protection or any other Commonwealth or Federal Governmental Agency
which regulates such use.
(3)
A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with §
1003 of this Ordinance and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use including, but not limited to noise, dust, vibration, odor, illumination, visual effects, and the like.
(4)
An applicant for conditional approval for a bituminous asphalt
and/or ready-mix concrete plant accessory to a quarry use may be required
by the Board of Supervisors of the Township in which the application
is filed to submit an Environmental Impact Assessment Report.
H-15.
Agricultural Accessory Uses (Except Public and Retail Use Accessory
to a Vineyard or Winery-Use H-17).
1. The purpose of these regulations is to encourage the continuation
of farming and the preservation of farmland 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 residential
character of the Townships and with the Comprehensive Plans of each
Township.
a.
Roadside Stands for Sale of Agricultural Products Grown on Site.
Agricultural products grown by the residents of the property may be
sold at a roadside stand on the property. Each roadside stand shall
sell only products grown by the residents of the property on which
the stand is located. Each roadside stand must not exceed a maximum
size of 400 square feet and must also provide, to the Township's satisfaction,
a safe means of egress and ingress from a public street as well as
sufficient off-street parking to accommodate customers. Said roadside
stand need not be in the immediate proximity to a public roadway if
the other standards as herein set forth are met.
b.
Agricultural Sales of Farm Products. The sale of food, farm
and/or agricultural products to the general public shall be permitted,
subject to the following regulations:
(1)
The minimum lot area shall be 10 acres.
(2)
The maximum floor area for the retail agricultural sales shall
be 3,000 square feet. The 3,000 square foot maximum shall not include
areas used for traditional agricultural activities (not retail sales).
(3)
Floor area shall include any area for customer access and circulation,
for the display of products including floor area devoted to counters,
tables, display cases, preparing products for customers and similar
purposes. Floor area not included in the calculation of maximum limits
are display areas outside the building or structure as well as inside
floor area for storage and processing of products where the customer
is completely restricted from access.
(4)
Agricultural sales of farm products use is strictly an accessory
use which shall be clearly subordinate to principal uses A-1, A-2
and A-6.
(5)
Farm products shall be limited to plant material, crops harvested
from plants, dairy products, poultry products, meat products, and
such things as honey, preserves and jellies made from fruit or vegetable
products. Baked goods and related specialty food items made with farm
products may also be sold. Sales of associated incidental items shall
be permitted provided they do not constitute more than 25% of annual
sales volume in dollars. There shall be no sale of tobacco products,
newspapers, magazines or other sundries.
(6)
Buildings shall comply with the minimum setback requirements
of the zoning district. Temporary buildings or stands shall be located
behind the legal right-of-way line and be located so as not to constitute
a traffic hazard, in the opinion of the Code Enforcement Officer.
(7)
Parking. No less than four off-street parking spaces shall be
provided behind the legal right-of-way and on the same side of the
street as the stand or building conducting the use. Parking spaces
need not be permanently paved, but must be improved with a material
approved by the municipal engineer and appropriately marked.
c.
Agricultural Entertainment Uses. The use of a farm for seasonal
festivals related to products grown on the farm, craft fairs (including
antique shows), municipally-sponsored events, hayrides and horse shows.
(1)
All agricultural entertainment uses shall meet the requirements
for water supply, sewage disposal and rest room facilities of the
Bucks County Health Department and any other agency with jurisdiction.
(2)
The agricultural entertainment use is permitted as an accessory
use only. If any of the conditions to which the agricultural principal
use is subject cease to be met, then the agricultural entertainment
use shall also cease.
(3)
Minimum lot area required: 25 contiguous acres.
(4)
No activity, event or structure used for an agricultural entertainment
use shall be located within 150 feet of a right-of-way line or residential
property line, except for parking areas which may be located within
50 feet of a right-of-way line or residential property line.
(5)
No agricultural entertainment use shall continue past 11:00
p.m. unless the owner of the property on which the agricultural entertainment
use is being held obtains conditional use approval to allow for event
hours beyond 11:00 p.m.
(6)
The following types of activities shall not be considered agricultural
entertainment uses:
(a) Mechanical rides or amusements (except for rides
on farm equipment).
(b) Flea markets except as may be permitted in accordance
with this Code.
(7)
Specific agricultural entertainment uses are subject to the
following regulations:
(a) Halloween Hayrides. A permit shall be required.
Halloween hayrides may operate from the last Friday in September through
the first Sunday in November only.
(b) Seasonal Festivals. A permit shall be required
for each seasonal festival. No more than four seasonal festivals shall
be permitted per farm per calendar year. A single festival shall not
exceed four days.
(c) Craft Fairs (including antique shows). A permit
shall be required for each craft fair or antique show. No more than
two craft fairs or antique shows shall be permitted per farm per calendar
year. The duration of a single craft fair or antique show shall not
exceed four days.
(d) Horse Shows. A permit shall be required for each
horse show. No more than four horse shows shall be permitted per farm
per calendar year. The duration of a single horse show shall not exceed
four days.
(8)
Parking for agricultural entertainment uses. Off-street parking
areas shall be provided in designated areas to accommodate all attendees
at any agricultural entertainment use. Driveways from public roads
to parking areas shall have a paved apron at the entrance which is
a minimum of 100 feet in length from the edge of paving, as well as
a gravel tire-cleaning area 50 feet in length.
(9)
A traffic control plan must be submitted to and approved by
the Township Police Department prior to receiving a permit for an
agricultural entertainment use.
(10) Lighting. Lighting may be used for agricultural
entertainment uses for the duration of the event only, and may not
shine or produce glare on adjacent properties.
(11) Signs. A total of 32 square feet of sign area
shall be permitted. The sign area may be divided into no more than
two signs. The signs may be put in place no more than two weeks prior
to the event and must be removed within five days of the conclusion
of the event. No more than 32 square feet of sign area for the farm
entertainment use shall be permitted at any time on any one property.
The signs must have a sign permit and shall be subject to all applicable
requirements of Article XI, Signs. No off-premises signs are permitted
unless approved by the Township.
H-16.
Low-Impact Home Landscape Contractor.
1. A low-impact home landscape contractor use is limited to the use
of a residential dwelling as a base of operation for a home occupation
landscape business which is clearly secondary to the use as a residential
dwelling and which involves no customer or client traffic, whether
vehicular or pedestrian, pickup, delivery or removal functions to
or from the premises, in excess of those normally associated with
residential use. The low-impact home landscape contractor must satisfy
the following requirements:
a.
The low-impact landscape business shall meet the minimum lot
requirements for the appropriate zoning district.
b.
The low-impact landscape business activity shall be compatible
with the residential use of the property and surrounding residential
uses.
c.
The low-impact landscape business shall employ no employees
other than family members residing in the dwelling.
d.
There shall be no display or sale of retail goods and no stockpiling
or inventory of landscaping supplies including but not limited to
such items as mulch, top soil, hardscaping, and other materials which
could be used in landscaping operations.
e.
There shall be no outside appearance of a landscape business
use, including, but not limited to, parking, signs or lights.
(1)
Vehicle parking shall be limited to a principle vehicle not
exceeding one ton capacity, along with one pull behind trailer not
to exceed 16 feet in length.
(2)
All parking shall be behind a point parallel to the front face
of the residence. There shall be no parking in the set-back areas
on the property.
(3)
All vehicle parking shall be screened from adjoining properties
either by natural vegetation or a fence.
f.
The low-impact landscape business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
g.
The low-impact landscape business activity shall not generate
any solid waste of any type. The storage of waste materials generated
from landscape or hardscape activities at other locations may not
be brought back and stored on the property.
h.
The low-impact landscape business activity shall be conducted
within the dwelling and accessory buildings. Not more than 25% of
the combined habitable floor area and accessory buildings shall be
utilized for the business or the maximum area of 1,600 square feet,
which ever is less.
i.
A low-impact landscape based business is not permitted where
prohibited by a deed restriction, covenant or agreement restricting
the use of land, master deed, bylaw or other document applicable to
a common interest ownership community.
j.
A low-impact based business shall obtain a use permit from the
municipality prior to commencing activities. Failure to obtain a permit
will constitute a violation of this provision of the Zoning Ordinance.
k.
Nothing in this subsection shall supersede any deed restriction,
covenant or agreement restricting the use of land, nor any master
deed, bylaw or other document applicable to a common interest ownership
community.
H-16.1. Accessory Landscape Contractor.
1.
An accessory landscape contractor use is limited to the use
of a residential dwelling as a base of operation for a home occupation
landscape business.
a.
A lot area of not less than five acres shall be required unless
a lesser acreage is permitted by conditional use approval and the
requirements of Article XIII of the JMZO are met.
b.
There shall be no retail sales of nursery materials or anything
else from the property.
c.
An accessory landscape contractor use is permitted by conditional
use approval within the CM, Conservation Management District.
d.
An accessory landscape contractor use must be conducted in conjunction
with a residential dwelling that is the bona fide residence of the
principal practitioner or proprietor of the use. Proof of residency
shall be submitted to the municipality before commencing the use and
at regular intervals determined by the municipality to confirm ongoing
residency.
e.
The accessory landscape contractor use must be conducted by
the resident(s) of the dwelling unit. No more than three employees
or contractors, including the proprietor of the use, shall be permitted
on the property for periods of limited duration to conduct incidental
aspects of the use, such as equipment retrieval or job assignment.
f.
The appearance of the residential structure shall not be altered,
nor shall the accessory landscape contractor use be conducted in a
manner which would cause the residential structure and exterior areas
to differ from the residential character by the use of colors, materials,
construction, lighting, show windows or advertising visible on the
property to attract clients.
g.
No more than two business vehicles including trucks, vans and/or
automobiles either specially adapted for the trade or having a logo
or sign on the vehicle, may be parked on the property. No more than
two utility trailers shall be permitted on the property. Non-commercial
trucks and vans shall be limited to a loading capacity not exceeding
one ton. No such vehicles or vehicles of employees or utility trailers
shall be parked in the front yard or within the right-of-way of any
public street.
h.
All business vehicles shall be parked and located either in
an enclosed building or in an exterior storage area in the rear yard
in a single area not to exceed 1,600 square feet which must not be
visible from the front yard. An exterior storage area includes any
area where vehicles, equipment, materials and the like are stored
either in the open, under a tent or similar covering or in a structure
without a roof or four walls.
i.
Incidental preparation, assembly and processing of materials
used in the accessory landscape contract use shall occur wholly indoors
or within the exterior storage area permitted in subsection 8 hereof
and shall be limited to an area no greater than 1,600 square feet.
Additionally, the aforesaid activities and any equipment used in connection
therewith shall not create discernible noise, vibration, glare, fumes,
odors or electrical interference; or which creates visual or audible
interference in any radio or television receiver, or causes fluctuations
in line voltage, off the property.
j.
The total impervious coverage on any property used for this
Use H-16 shall not exceed the maximum impervious coverage for a single-family
detached dwelling use in the CM District.
k.
The total area of any buildings in which the activities permitted
herein are conducted (including vehicle storage, work area, office
and the like) shall not exceed at total of 1,600 square feet.
l.
The buffering requirements of §
1003 of this Ordinance shall be met.
m.
The accessory landscape contractor use may not generate any
solid waste or sewage discharge, in type or volume, which is not normally
associated with a residential use. The property shall not be utilized
for the storage of natural or synthetic waste for future disposal.
Burning or composting of waste materials is not permitted.
n.
Deliveries to the property are permitted in daylight hours in
vehicles with no more than three axles. The property shall not be
utilized as a staging area for mulch, stone, topsoil, hardscape, or
other items typically used in conjunction with the use.
o.
Nothing in this subsection shall supersede any deed restriction,
covenant or agreement restricting the use of land, nor any master
deed, bylaw or other document applicable to a common interest ownership
community.
H-17.
Public and Retail Use Accessory to a Vineyard or Winery.
1. The public and retail use accessory to a vineyard or winery is an
accessory use to a vineyard or winery for the commercial purpose of
retail sales and tasting facilities for wine and related promotional
items. Public and Retail Use Accessory to a Vineyard or Winery shall
comply with the following conditions:
a.
Minimum Lot Size. In Wrightstown Township and Upper Makefield
Township at least five acres and in Newtown Township, at least one
acre of the lot on which the Public and Retail Use Accessory to a
Vineyard or Winery is located shall be planted with wine-producing
crops by the operator of this accessory use. The Public and Retail
Use Accessory to a Vineyard or Winery shall only be permitted as an
accessory use to the principal use of the property as a vineyard or
winery.
b.
Floor Area. For a Public and Retail Use Accessory to a Vineyard
or Winery with less than 10 acres, the maximum floor area of a building
which may be devoted to serving the customers shall be 1,500 square
feet. For a Public and Retail Use Accessory to a Vineyard or Winery
with 10 or more acres, the maximum floor area of a building which
may be devoted to serving the customers shall be 3,000 square feet.
Floor area devoted to serving the customer shall include any area
for customer access and circulation, for the display of products including
floor area devoted to counters, tables, display cases, preparing products
for customers and similar purposes. Floor area not included in the
area devoted to serving the customer would include display area outside
the building or structure as well as inside floor area for storage
and processing of wine where customer access is restricted, except
for instructional tours related to the wine making process.
c.
Activities Permitted. A Public and Retail Use Accessory to a
Vineyard or Winery may provide for the sale of wine and related products,
wine tasting, and instruction related to the wine making process.
d.
Special Events. The use of the space within or outside of the
Public and Retail Use Accessory to a Vineyard or Winery for special
events such as parties or receptions is permitted in accordance with
the following standards. E-5 Restaurant uses are not permitted.
[Amended effective 7-28-2014 by JMZO Ord. 2014-02, adopted 7-23-2014.]
(1)
Use of the Public and Retail Use Accessory to a Vineyard or
Winery for special events shall be an accessory use to the vineyard
and winery use.
(2)
In order to hold special events other than educational seminars,
workshops, or meetings with 50 or fewer attendees, a Public and Retail
Use Accessory to a Vineyard or Winery must contain a minimum of 10
contiguous acres.
(3)
No outdoor activity/event or temporary structure associated
with a special event shall be located within 150 feet of any property
line, except that parking areas may be located having a fifty-foot
setback from the property lines. There shall be a vegetative buffer
area between all parking areas and adjacent residential uses and districts.
The buffer shall include evergreen planting, at least three feet in
height. The species and spacing of the plantings shall be reviewed
and approved by the host municipality.
(4)
Special events are limited to the following:
(a) Educational seminars, workshops, meetings and other
events are permitted provided they are held indoors. The term "indoors"
does not include events held under tents or other temporary structures.
The maximum allowed attendance will be in accordance with the Fire
Marshal's maximum occupancy requirements.
(b) When another event exceeds 50 attendees, a Public
and Retail Use Accessory to a Vineyard or Winery must contain a minimum
of 10 contiguous acres.
(c) Outdoor events, including those held under tents
or other temporary structures, are permitted. There shall be no more
than 24 outdoor events in any calendar year. An outdoor event is any
gathering of people which includes the use of amplified sound.
(d) All special events, whether indoor or outdoor,
shall end no later than 10:00 p.m.
(5)
The Public and Retail Use Accessory to a Vineyard or Winery
must have frontage on and access to a feeder street or roadway of
higher classification. The operator of a Public and Retail Use Accessory
to a Vineyard or Winery shall demonstrate sight distances at the entrance
and exit which meet the criteria of the applicable Township's Subdivision
and Land Development Ordinance.
(6)
Amplified music is permitted pursuant to each Township's Noise
Ordinance.
(7)
Parking shall be provided in designated areas.
(8)
Lighting may be used for special events for the duration of
the event only and may not shine or produce glare on adjacent properties.
(9)
Driveways from public roads to parking areas shall have a paved
apron at the entrance which is a minimum of 100 feet in length from
the edge of paving, as well as a gravel tire-cleaning area 50 feet
in length.
e.
Access. Vehicular access to a Public and Retail Use Accessory
to a Vineyard or Winery shall be sufficient, in the opinion of the
host Township, to accommodate two-way traffic.
f.
Setbacks. Buildings at a Public and Retail Use Accessory to
a Vineyard or Winery shall be located no closer than 75 feet to any
property line.
g.
Limit on Retail Sales. Not more than one building for retail
sales shall be permitted on any tract, parcel or property being used
as a Public and Retail Use Accessory to a Vineyard or Winery.
h.
Parking. One space per employee, plus two spaces for the dwelling
unit if applicable. In addition, sufficient on-site parking area,
as determined by the local governing body, shall be devoted to servicing
customers and/or visitors to the Public and Retail Use Accessory to
a Vineyard or Winery. In no event shall there be less than 10 parking
spaces, all of which shall be improved to a mud-free condition. The
designated parking area shall be a minimum of 10 feet from the ultimate
right-of-way and shall be located on the same side of the street as
the winery.
H-18.
Accessory Contractor or Trade.
1. An accessory contractor or trade use is limited to the use of a residential
dwelling to support a small-scale contracting or trades business whose
major business activities are conducted elsewhere. This use shall
include, but is not limited to, support for an electrician, a plumber,
a carpenter, a mason, a painter, a roofer, and similar occupations.
This use shall not include a landscape contractor or similar occupations
that require the outdoor storage of vehicles, materials, or equipment.
There shall be no on-site prefabrication of structures or components
or subassembly of components or materials.
a.
A lot area of not less than five acres shall be required unless
a lesser acreage is permitted by conditional use approval and the
requirements of Article XIII of the JMZO are met.
b.
There shall be no retail sales of materials or anything else
from the property.
c.
An accessory contractor or trade use is permitted by conditional
use within the CM, CR-1, RI, and RI-A Districts.
d.
An accessory contractor or trade use must be conducted in conjunction
with a residential dwelling that is the bona fide residence of the
principal practitioner or proprietor of the use. Proof of ownership
and residency shall be submitted to the municipality before commencing
the use and at regular intervals, as determined by the municipality,
to confirm ongoing residency.
e.
The accessory contractor or trade use may employ the resident
family members of the property. No more than two employees who are
not resident family members of the property shall be permitted on
the property for periods of limited duration to conduct incidental
aspects of the use, such as equipment retrieval or job assignment.
The property shall not be used as a gathering place for employees.
For this use, an employee is defined as any person being employed
by and/or compensated for work conducted on behalf of, for, or in
conjunction with the accessory contractor or trade use established
or proposed to be established upon the property including, but not
limited to, independent contractors.
f.
The appearance of the residential structure shall not be altered,
nor shall the accessory contractor or trade use be conducted in a
manner which would cause the residential structure and exterior areas
to differ from the extant residential character by the use of colors,
materials, construction, lighting, show windows, or advertising visible
on the property to attract clients.
g.
No more than two business vehicles including trucks, vans, and/or
automobiles either specially adapted for the trade or having a logo
or sign on the vehicle, may be parked permanently and/or temporarily
on the property. Noncommercial trucks and vans parked upon the property
shall not have a loading capacity exceeding one ton. Business vehicles,
employee vehicles, and utility trailers shall not be parked in the
front or side yards of the property or within the right-of-way of
any public street and when parked upon the property, shall not be
visible from the street or neighboring properties.
h.
Incidental storage, preparation, and assembly of materials or
equipment used in the accessory contract or trade use shall only occur
indoors and shall be limited, including any office space utilized
for this use, to an area no greater than 1,600 square feet. Additionally,
the aforesaid activities and any equipment used in connection therewith
shall not create any noise, vibration, glare, fumes, odors, electrical
interference, visual or audible interference in any radio, television,
telephone, or computer, or fluctuations in line voltage, that is discernible
at the property's boundaries or anywhere off the property.
i.
The total impervious coverage on any property used for this
Use H-18 shall not exceed the maximum impervious coverage for a single-family
detached dwelling use in the underlying zoning district in which the
property is located.
j.
The total area of any and all buildings, including any area
of the residence as permitted in subsection .h, in which the activities
permitted herein are conducted (including vehicle storage, work area,
office and the like) shall not exceed 1,600 square feet.
k.
The buffering requirements of §
1003 of this Ordinance shall be met.
l.
The accessory contractor or trade use may not generate any solid
waste or sewage discharge, in type or volume, which is not normally
associated with a residential use. The property shall not be utilized
for the storage of natural or synthetic waste for future disposal.
Burning or composting of waste materials is not permitted.
m.
Deliveries to the property are permitted between 8:00 a.m. and
5:00 p.m. in vehicles with no more than two axles. The property shall
not be utilized as a staging area for normal off-site activities of
the business.
n.
Nothing in this subsection shall supersede any deed restriction,
covenant or agreement restricting the use of land, nor any master
deed, bylaw or other document applicable to a homeowners association
or other common interest ownership community.
H-19.
Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
1. Solar
energy equipment is defined as any device, structure, or electrical
system that converts solar energy into electrical energy, heats water
or produces hot air or similar function through the use of solar panels.
A solar panel is a device containing one or more receptor cells equal
to or greater than two square feet, for the purpose of converting
solar energy into electrical or thermal energy.
a.
Any solar energy equipment shall be considered accessory to
the principal use and the generation of energy or heat as an accessory
use to the principal use and shall be located on the same lot as the
principal use.
b.
Solar energy equipment shall be set back a minimum of 60 feet
from all lot lines, unless the minimum yard or setback requirements
for accessory structures require a greater setback, in which case
the greater setback requirement shall apply.
c.
No solar energy equipment shall be located in the required minimum
front yard, or in front of the principal building, or closer to the
front lot line than the principal building.
d.
Maximum height of solar energy equipment from ground level:
10 feet.
e.
Roof-mounted solar collectors or roof shingles are not subject
to the requirements of this section, except that the maximum height
requirements for principal structures plus any roof-mounted equipment
shall apply.
f.
Solar energy equipment shall be subject to any and all municipal
regulations as may exist in local subdivision/land development ordinances
or other municipal ordinances.
H-20.
Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/21/2013 by JMZO Ord. 2013-03, adopted
4/16/2013.]
1. Outdoor
wood-fired boilers, also known as outdoor wood-fired furnaces, appliances,
or hydronic heaters, are freestanding fuel-burning devices designed
to burn only those fuels specifically permitted by the Pennsylvania
Department of Environmental Protection. They are designed for outdoor
installation or installation in structures not normally intended for
habitation by humans to heat space or water to heat buildings, produce
hot water, or heat swimming pools and hot tubs. Outdoor wood-fired
boilers do not include fire pits, fire bowls, or fireplaces designed
to burn clean wood to heat small outdoor areas for recreational purposes.
Outdoor wood-fired boilers are permitted as accessory uses to a principal
use and shall be located on the same lot as the principal use, provided
that the following regulations are met:
a.
All outdoor wood-fired boilers shall comply, in addition to
these standards, with the rules and regulations of Title 25 —
Environmental Protection [25 Pa.Code Chs. 121 and 123, Outdoor Wood-Fired
Boilers (40 Pa.B. 5571, October 2, 2010)], and any amendments thereto.
Where the Joint Municipal Zoning Ordinance imposes stricter or additional
regulations, the requirements of the JMZO shall be met, in addition
to the rules and regulations of the commonwealth or federal regulations.
b.
All outdoor wood-fired boilers shall be located a minimum of
150 feet from any lot line.
c.
No boiler shall be located in the required minimum front yard,
or in front of the principal building, or closer to the front lot
line than the principal building.
d.
Stack Height. Each boiler shall have a minimum stack height
of 10 feet; provided, however, that no stack shall exceed the height
limits of the zoning district in which it is located.
e.
Outdoor wood-fired boilers shall be subject to any and all municipal
or county regulations as may exist in local subdivision/land development
ordinances or other municipal or county ordinances.
I.
Wireless Telecommunications Facilities.
I-1. Wireless Communications Facilities.
[Amended effective 3/7/2015 by JMZO Ord. 2015-01, adopted
3/2/2015.]
1. General Requirements for All Tower-Based Wireless Communications
Facilities.
a.
The following regulations shall apply to all Tower-Based Wireless
Communications Facilities:
(1)
Standard of Care. Any Tower-Based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including, but not limited to, the most-recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any Tower-Based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the Jointure.
(2)
Wind. Any Tower-Based WCF structure shall be designed to withstand
the effects of wind according 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/EIA-222-E Code, as amended). Such structures must
be designed to withstand wind gusts of at least 100 miles per hour.
(3)
Height. Any Tower-Based WCF shall be designed at the minimum
functional height. All Tower-Based WCF applicants must submit documentation
to the respective Township justifying the total height of the structure.
The maximum total height of any Tower-Based WCF shall not exceed 175
feet, which height shall include all subsequent additions or alterations.
(4)
Public Safety Communications. No Tower-Based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a) The owner of all primary Tower-Based WCFs shall
have the tower physically inspected from the base to the top of the
tower annually by a qualified inspector, and a written report of the
inspection shall be provided to the Township where the WCF is located
not later than 45 days after the annual inspection is completed.
(b) Any Tower-Based WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
(c) Maintenance shall be performed to ensure the upkeep
of the facility in order to promote the safety and security of the
Jointure residents.
(d) All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(6)
Radio Frequency Emissions. No Tower-Based WCF may, 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.
(7)
Historic Buildings or Districts. No Tower-Based WCF may be located
on a building or structure that is listed on either the National or
Pennsylvania Register of Historic Places or the official historic
structures and/or historic districts list maintained by the Township
or which has been designated by the Township as being of historic
significance.
(8)
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.
(9)
Lighting. Tower-Based WCFs shall not be artificially lighted,
except as required by law. Towers shall be galvanized and/or painted
with a rust-preventive paint of an appropriate color to harmonize
with the surroundings. If lighting is required, the applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
(10) Noise. Tower-Based WCFs shall be operated and
maintained so as not to produce noise in excess of applicable noise
standards under state law and the Newtown Area Joint Municipal Zoning
Code, except in emergency situations requiring the use of a backup
generator, where such noise standards may be exceeded on a temporary
basis only.
(11) Aviation Safety. Tower-Based WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
(12) 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 Tower-Based
WCF and, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this Ordinance. The applicant
and/or owner of the WCF shall reimburse the Township for all costs
of the consultant(s) in providing expert evaluation and consultation
in connection with these activities.
(13) Timing of Approval. Within 30 calendar days of
the date that an application for a Tower-Based WCF is filed with the
Township, such municipality shall notify the applicant in writing
of any information that may be required to complete such application.
All applications for Tower-Based WCFs shall be acted upon within 150
days of the receipt of a fully completed application for the approval
of such Tower-Based WCF, and the Township shall advise the applicant
in writing of its decision. If additional information was requested
by the Township to complete an application, the time required by the
applicant to provide the information shall not be counted toward the
one-hundred-fifty-day review period.
(14) Nonconforming Uses. 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 Ordinance.
(15) Removal. In the event that use of a Tower-Based
WCF is planned 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. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
(a) All unused or abandoned Tower-Based WCFs and accessory
facilities shall be removed within six months of the cessation of
operations at the site, unless a time extension is approved by the
Township.
(b) If the WCF and/or accessory facility is not removed
within six months of the cessation of operations at a site, or within
any longer period approved by the Township, the WCF and accessory
facilities and equipment may be removed by such municipality and the
cost of removal assessed against the owner of the WCF.
(c) Any unused portions of Tower-Based WCFs, including
antennas, shall be removed within six months of the time of cessation
of operations. The Township must approve all replacements of portions
of a Tower-Based WCF previously removed.
(16) Permit Fees. The Township may assess appropriate
and reasonable permit fees directly related to such municipality's
actual costs in reviewing and processing the application for approval
of a Tower-Based WCF, as well as related inspection, monitoring and
related costs.
(17) FCC License. Each person 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.
(18) Insurance. Each person that owns or operates a
Tower-Based WCF shall provide the Township with proof 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. The Township,
its employees, Engineer, Solicitor and other professional relevant
professionals shall be named additional insureds, and the certificate
shall provide, as a minimum, that additional insureds shall be notified
not less than 60 days in advance of the insurance not being renewed
or being cancelled for any reason, including nonpayment.
(19) Indemnification. Each person that owns or operates
a Tower-Based WCF shall, at its sole cost and expense, indemnify,
defend and hold harmless the Township, its elected and appointed officials,
employees, Engineer, Solicitor, agents and other relevant professional
consultants, 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 Tower-Based WCF. Each person that owns
or operates a Tower-Based 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 the Tower-Based
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.
2. Tower-Based Facilities Outside the Rights-of-Way.
a.
The following regulations shall apply to Tower-Based Wireless
Communications Facilities located outside the rights-of-way:
(1)
Development Regulations.
(a) Permitted Locations.
[1] Subject to conditional use approval, primary and
secondary Tower-Based WCFs are permitted on the following Tax Map
parcels regardless of whether the parcel is owned in fee or is a right-of-way:
|
[a]
|
Newtown Township: 29-3-18-2, 29-10-85-4, 29-9-5-1, 29-102-1,
29-3-14-1, 29-3-20-1, 29-3-22-1, 29-3-27-1, 29-3-28-1, 29-3-38-1,
29-3-50-1, 29-10-13-1, 29-10-68-1, 29-10-47-1, 29-10-52-1, 29-10-42-8,
29-10-73-1, 29-10-84-1.
|
|
[b]
|
Upper Makefield Township: those portions of 47-7-49 exempt from
the deed of agricultural easement granted to the Commonwealth of Pennsylvania,
the County of Bucks and the Township of Upper Makefield.
|
|
[c]
|
Wrightstown Township: 53-1-50-1, 53-1-21-5, 53-1-91-1, 53-2-21-1,
53-1-83-1, 53-12-1-1, 53-12-6-1, 53-12-18-2, 53-12-84-1, 53-12-2-1,
53-12-1-2, 53-2-81 and 52-12-2-2.
|
[2] In addition, subject to conditional use approval,
primary and secondary Tower-Based WCFs are permitted on all PECO electricity
transmission towers located more than 200 feet (measured from the
nearest leg of the PECO electricity transmission tower) from a residential
use or a C-2, C-3 or C-10 use. This provision applies regardless of
whether PECO owns the area where the tower is located outright or
it is a right-of-way.
(b) Gap in Coverage. An applicant for a Tower-Based
WCF must demonstrate that a significant gap in wireless coverage exists
with respect to all wireless operators 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 Township's
decision on an application for approval of Tower-Based WCFs.
(c) Sole Use on a Lot. A Tower-Based WCF is permitted
as a sole use on a lot, subject to the minimum lot area and yards
complying with the requirements for the applicable zoning district.
(d) Combined with Another Use. A Tower-Based WCF may
be permitted on a property with an existing use, or on a vacant parcel
in combination with another industrial, commercial, institutional
or municipal use, subject to the following conditions:
[1] The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
communications facility.
[2] Lot Area. The lot shall comply with the requirements
for the applicable area, setbacks and other dimensional requirements
of the zoning district in which the lot is located and shall be the
area needed to accommodate the Tower-Based WCF and guy wires, the
equipment building, security fence, and buffer planting.
[3] Minimum Setbacks. The Tower-Based WCF and accompanying
equipment building shall comply with the requirements for the applicable
zoning district, provided that no Tower-Based WCF shall be located
within 500 feet of a lot in residential use or a residential district
boundary.
(2)
Notice. Upon receipt of an application for a Tower-Based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 1,000 linear
feet of the site of the proposed facility and of every property zoned
residential not on the same street within 500 feet of the proposed
facility.
(3)
Co-Location. An application for a new Tower-Based WCF shall
not be approved unless the Township finds that the wireless communications
equipment planned for the proposed Tower-Based WCF cannot be accommodated
on an existing or approved structure or building. Any application
for approval of a Tower-Based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a two-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of the municipality that a different
distance is more reasonable, and shall demonstrate conclusively why
an existing tower or other suitable structure cannot be utilized.
(4)
Design Regulations.
(a) The WCF shall employ the most-current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township, and the Township may elect not to require
stealth technology if it concludes that incorporating such technology
will be more intrusive than not requiring it.
(b) Any height extensions to an existing Tower-Based
WCF shall require prior approval of the Township. The Township reserves
the right to deny such requests based upon aesthetic and land use
impact, or any other lawful considerations related to the character
of such municipality.
(c) Any proposed Tower-Based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
(5)
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
the Township complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA 222-E, as amended, to document and verify
the design specifications of the foundation of the Tower-Based WCF,
and anchors for guy wires, if used.
(6)
Fence/Screen.
(a) A security fence having a maximum height of eight
feet shall completely surround any Tower-Based WCF, guy wires, or
any building housing WCF equipment.
(b) An evergreen screen that consists of a hedge planted
three feet on center maximum, or a row of evergreen trees planted
10 feet on center maximum, shall be located along the perimeter of
the security fence.
(7)
Accessory Equipment.
(a) Ground-mounted equipment associated to, or connected
with, a Tower-Based WCF shall be underground or screened from public
view using stealth technologies, as described above.
(b) All utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
(8)
Additional Antennas. As a condition of approval for all Tower-Based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on Tower-Based WCFs where technically and economically feasible.
The owner of a Tower-Based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
(9)
Access Road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to Tower-Based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. Where applicable, the WCF owner
shall present documentation to the Township that the property owner
has granted an easement for the proposed facility.
(10) Financial Security. Prior to the issuance of a
permit, the owner of a Tower-Based WCF outside the ROW shall, at its
own cost and expense, post financial security acceptable to the Township
Solicitor, in an amount of $100,000, to assure the faithful performance
of the terms and conditions of this Ordinance. If financial security
is in the form of a bond, it shall be posted by a surety licensed
to do business in Pennsylvania and shall contain such provisions determined
by the Township Solicitor as reasonably necessary to assure the bond
can be collected without undue delay. The financial security shall
provide that the Township may recover from the principal and surety
any and all compensatory damages incurred by such municipality for
violations of this Ordinance, after reasonable notice and opportunity
to cure. The owner shall file the financial security with the Township.
(11) Visual or Land Use Impact. The Township reserves
the right to deny an application for the construction or placement
of any Tower-Based WCF based upon visual and/or land use impact.
(12) Inspection. The Township reserves the right to
inspect any Tower-Based WCF to ensure compliance with the provisions
of this Ordinance and any other provisions found within the Township
Code or state or federal law. The Township and/or its agents shall
have the authority to enter the property upon which a WCF is located
at any time, upon reasonable notice to the operator, to ensure such
compliance.
3. Secondary Tower-Based Wireless Communications Facilities in Rights-of-Way.
a.
The following regulations shall apply to Tower-Based Wireless
Communications Facilities located in the rights-of-way other than
as provided in § 803I-2 hereof:
(1)
Permitted Locations. Subject to conditional use approval, only Secondary Tower-Based WCFs are permitted within the rights-of-way of roadways classified as thoroughfares, except scenic roads, under §
271 of the JMZO. Tower-Based WCFs are prohibited within the rights-of-way of roadways classified as scenic roads and local streets under §
271 of the JMZO. Where it is feasible, Secondary Tower-Based WCFs shall be located a minimum of 100 feet from the nearest residence.
(2)
Gap in Coverage. An applicant for a Tower-Based WCF must demonstrate
that a significant gap in wireless coverage exists with respect to
all wireless operators 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 Township's decision on
an application for approval of Tower-Based WCFs in the ROW.
(3)
Notice. Upon receipt of an application for a Tower-Based WCF,
the Township shall mail notice thereof to the owner or owners of every
property zoned residential on the same street within 1,000 linear
feet of the site of the proposed facility and of every property zoned
residential not on the same street within 500 feet of the proposed
facility.
(4)
Co-Location. An application for a new Tower-Based WCF in the
ROW shall not be approved unless the Township finds that the proposed
wireless communications equipment cannot be accommodated on an existing
structure, such as a utility pole or traffic light pole. Any application
for approval of a Tower-Based WCF shall include a comprehensive inventory
of all existing towers and other suitable structures within a one-mile
radius from the point of the proposed tower, unless the applicant
can show to the satisfaction of such municipality that a different
distance is more reasonable, and shall demonstrate conclusively why
an existing tower or other suitable structure cannot be utilized.
(5)
Time, Place and Manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all Tower-Based WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place and manner requirements shall
be consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(6)
Equipment Location. Tower-Based WCFs and accessory equipment
shall be located so as not to interfere with use of rights-of-way
for pedestrian or vehicular use, to cause any physical or visual obstruction
to pedestrian or vehicular traffic, to otherwise create safety hazards
to pedestrians and/or motorists, or to inconvenience public use of
the ROW as determined by the Township. In addition:
(a) Equipment cabinets and other equipment enclosures
shall not be located closer than 100 feet to a residence, unless the
owner provides written consent to a closer location.
(b) In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
(c) Ground-mounted equipment that cannot be undergrounded
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
(d) Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Township.
(e) Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
(f) Any underground vaults related to Tower-Based WCFs
shall be reviewed and approved by the Township.
(7)
Design Regulations.
(a) The WCF shall employ the most-current stealth technology
available in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. The application of the
stealth technology chosen by the WCF applicant shall be subject to
the approval of the Township.
(b) Any proposed Tower-Based WCF shall be designed
structurally, electrically, and in all respects to accommodate both
the WCF applicant's antennas and comparable antennas for future users.
(8)
Visual or Land Use Impact. The Township reserves the right to
deny the construction or placement of any Tower-Based WCF in the ROW
based upon visual and/or land use impact.
(9)
Additional Antennas. As a condition of approval for all Tower-Based
WCFs in the ROW, the WCF applicant shall provide the Township with
a written commitment that it will allow other service providers to
co-locate antennas on Tower-Based WCFs where technically and economically
feasible. The owner of a Tower-Based WCF shall not install any additional
antennas without obtaining the prior written approval of the Township.
(10) Relocation or Removal of Facilities. Within 60
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 Tower-Based 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
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
(b) The operations of the Township or other governmental
entity in the right-of-way;
(c) Vacation of a street or road or the release of
a utility easement; or
(d) An emergency as determined by the Township.
(11) Compensation for ROW Use. In addition to permit
fees as described in Subsection 1.a(16) above, every Tower-Based WCF
in the ROW is subject to the Township's right to fix annually a fair
and reasonable compensation 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 Tower-Based 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.
The annual ROW management fee for Tower-Based WCFs shall be determined
by the Township and authorized by resolution of the Township Board
and shall be based on the Township's actual ROW management costs as
applied to such Tower-Based WCF.
(12) Financial Security. Prior to the issuance of a
permit, the owner of a Tower-Based WCF outside the ROW shall, at its
own cost and expense, post financial security acceptable to the Township
Solicitor, in an amount of $100,000, to assure the faithful performance
of the terms and conditions of this Ordinance. If financial security
is in the form of a bond, it shall be posted by a surety licensed
to do business in Pennsylvania and shall contain such provisions determined
by the Township Solicitor as reasonably necessary to assure the bond
can be collected without undue delay. The financial security shall
provide that the Township may recover from the principal and surety
any and all compensatory damages incurred by such municipality for
violations of this Ordinance, after reasonable notice and opportunity
to cure. The owner shall file the financial security with the Township.
4. General Requirements for All Non-Tower Wireless Communications Facilities.
a.
General Requirements.
(1)
Non-Tower Wireless Communications Facilities are permitted to
co-locate on all primary Tower-Based WCFs in existence at the time
an application for approval of the Non-Tower WCF is made.
(2)
The following regulations shall apply to all Non-Tower Wireless
Communications Facilities that do not substantially change the physical
dimensions of the Tower-Based WCF to which they are attached:
(a) Standard of Care. Any Non-Tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
(b) Wind. Any Non-Tower WCF structures shall be designed
to withstand the effects of wind according 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/EINTIA-222-E Code, as amended).
(c) Public Safety Communications. No Non-Tower WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(d) Aviation Safety. Non-Tower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
(e) Radio Frequency Emissions. No Non-Tower WCF may,
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.
(f) Removal. In the event that use of a Non-Tower WCF
is 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. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
[1] All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site, unless a time extension is approved by the Township.
[2] If the WCF or accessory facility is not removed
within three months 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.
(g) Timing of Approval. Within 30 calendar days of
the date that an application for a Non-Tower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. Within
90 calendar days of receipt of a complete application, the Township
shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
(h) 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 Non-Tower WCF or $1,000, whichever is less.
(i) Insurance. Each person that owns or operates a
Tower-Based WCF shall provide the Township with proof 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. The Township,
its employees, Engineer, Solicitor and other professional relevant
professionals shall be named additional insureds, and the certificate
shall provide, as a minimum, that additional insureds shall be notified
not less than 60 days in advance of the insurance not being renewed
or being cancelled for any reason, including nonpayment.
(j) Indemnification. Each person that owns or operates
a Non-Tower WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the Township, its elected and appointed officials,
employees, Engineer, Solicitor, agents and other relevant professional
consultants, 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 Non-Tower WCF. Each person that owns
or operates a Non-Tower 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 Non-Tower 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.
(3)
The following regulations shall apply to all Non-Tower Wireless
Communications Facilities that substantially change the Tower-Based
WCF to which they are attached:
(a) Permitted in All Zoning Districts. Subject to conditional
use approval, Non-Tower WCFs that substantially change the wireless
support structure to which they are attached are permitted in all
zoning districts subject to the restrictions and conditions prescribed
below.
(b) Standard of Care. Any Non-Tower WCF shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most-recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. Any
WCF shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
(c) Wind. Any Non-Tower WCF structures shall be designed
to withstand the effects of wind according 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/EINTIA-222-E Code, as amended). Such structures
shall be able to withstand wind gusts of up to 100 miles per hour.
(d) Public Safety Communications. No Non-Tower WCF
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(e) Historic Buildings. No Non-Tower-Based WCF may
be located on a building or structure that is listed on either the
National or Pennsylvania Register of Historic Places or the official
historic structures and/or historic districts list maintained by the
Township or which has been designated by the Township as being of
historic significance.
(f) Aviation Safety. Non-Tower WCFs shall comply with
all federal and state laws and regulations concerning aviation safety.
(g) Maintenance. The following maintenance requirements
shall apply:
[1] The Non-Tower WCF shall be fully automated and
unattended on a daily basis and shall be visited only for maintenance
or emergency repair.
[2] Maintenance shall be performed to ensure the upkeep
of the facility in order to promote the safety and security of Jointure
residents.
[3] All maintenance activities shall utilize nothing
less than the best available technology for preventing failures and
accidents.
(h) Radio Frequency Emissions. No Non-Tower WCF may,
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.
(i) Removal. In the event that use of a Non-Tower WCF
is 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. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
[1] All abandoned or unused WCFs and accessory facilities
shall be removed within three months of the cessation of operations
at the site, unless a time extension is approved by the Township.
[2] If the WCF or accessory facility is not removed
within three months 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.
(j) Timing of Approval. Within 30 calendar days of
the date that an application for a Non-Tower WCF is filed with the
Township, the Township shall notify the applicant in writing of any
information that may be required to complete such application. Within
90 calendar days of receipt of a complete application, the Township
shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's ninety-day review period.
(k) 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 and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of this Ordinance. The 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.
(l) Financial Security. Prior to the issuance of a
permit, the owner of a Tower-Based WCF outside the ROW shall, at its
own cost and expense, post financial security acceptable to the Township
Solicitor, in an amount of $25,000, to assure the faithful performance
of the terms and conditions of this Ordinance. If financial security
is in the form of a bond, it shall be posted by a surety licensed
to do business in Pennsylvania and shall contain such provisions determined
by the Township Solicitor as reasonably necessary to assure the bond
can be collected without undue delay. The financial security shall
provide that the Township may recover from the principal and surety
any and all compensatory damages incurred by such municipality for
violations of this Ordinance, after reasonable notice and opportunity
to cure. The owner shall file the financial security with the Township.
(m) 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 Non-Tower WCF, as well as related inspection, monitoring and related
costs.
5. Non-Tower Wireless Facilities Outside the Rights-of-Way.
a.
The following additional regulations shall apply to Non-Tower
Wireless Communications Facilities located outside the rights-of-way
that substantially change the wireless support structure to which
they are attached:
(1)
Development Regulations. Subject to conditional use approval,
Non-Tower Wireless Communications Facilities are permitted on all
wireless support structures exceeding 35 feet in height which are
in existence at the time an application for approval of the Non-Tower
WCF is made.
(2)
Co-Location. Non-Tower WCFs shall be co-located on existing
structures, such as existing buildings or Tower-Based WCFs, subject
to the following conditions:
(a) Such WCF does not exceed a maximum height of 175
feet.
(b) If the WCF applicant proposes to locate the communications
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district.
(c) An eight-foot-high security fence shall surround
any separate communications equipment building. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulation on the site for the principal use.
(3)
Design Regulations.
(a) Non-Tower WCFs shall employ stealth technology
and be treated to match the supporting structure in order to minimize
aesthetic impact. The application of the stealth technology chosen
by the WCF applicant shall be subject to the approval of the Township.
(b) Non-Tower WCFs which are mounted to a building
or similar structure may not exceed a height of 15 feet above the
roof or parapet, whichever is higher, unless the WCF applicant obtains
a conditional use permit.
(c) All Non-Tower WCF applicants must submit documentation
to the Township justifying the total height of the non-tower structure.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
(d) Antennas, and their respective accompanying support
structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
(e) Noncommercial Usage Exemption. Township citizens
utilizing satellite dishes and antennas for the purpose of maintaining
television, phone, and/or internet connections at their respective
residences shall be exempt from the design regulations enumerated
in Subsection 6.a(3) of this section of this Ordinance.
(4)
Removal, Replacement, Modification.
(a) The removal and replacement of Non-Tower WCFs and/or
accessory equipment for the purpose of upgrading or repairing the
WCF is permitted, so long as such repair or upgrade does not increase
the overall size of the WCF or the number of antennas.
(b) Any material modification to a wireless telecommunication
facility shall require a prior amendment to the original permit or
authorization.
(5)
Visual or Land Use Impact. The Township reserves the right to
deny an application for the construction or placement of any Non-Tower
WCF based upon visual and/or land use impact.
(6)
Inspection. The Township reserves the right to inspect any WCF
to ensure compliance with the provisions of this Ordinance and any
other provisions found within the Township Code or state or federal
law. The Township and/or its agents shall have the authority to enter
the property upon which a WCF is located at any time, upon reasonable
notice to the operator, to ensure such compliance.
6. Secondary Non-Tower Wireless Facilities in the Rights-of-Way.
a.
The following additional regulations shall apply to all Non-Tower
Wireless Communications Facilities located in the rights-of-way.
(1)
Permitted Locations. Subject to conditional use approval, only Secondary Non-Tower WCFs are permitted within the rights-of-way of roadways classified as thoroughfares, except scenic roads, under §
271 of the JMZO and within non-road rights-of-way as defined in §
278.2 hereof; provided, however:
(a) Non-Tower-Based WCFs are prohibited within the rights-of-way of roadways classified as scenic roads and local streets under §
271 of the JMZO.
(b) Where it is feasible, Secondary Tower-Based WCFs
shall be located a minimum of 100 feet from the nearest residence.
(2)
Co-Location. Non-Tower WCFs in the ROW shall be co-located on
existing poles, such as existing utility poles or light poles.
(3)
Design Requirements.
(a) WCF installations located above the surface grade
in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least-visibly-intrusive equipment
feasible. Non-Tower WCFs and accessory equipment shall be located
so as not to interfere with use of rights-of-way for pedestrian or
vehicular use, to cause any physical or visual obstruction to pedestrian
or vehicular traffic, to otherwise create safety hazards to pedestrians
and/or motorists, or to inconvenience public use of the ROW as determined
by the Township.
(b) Antennas and all support equipment shall be treated
to match the supporting structure. WCFs and accompanying equipment
shall be painted, or otherwise coated, to be visually compatible with
the support structure upon which they are mounted.
(4)
Compensation for ROW Use. In addition to permit fees as described
above, every Non-Tower WCF in the ROW is subject to the Township's
right to fix annually a fair and reasonable compensation 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 Non-Tower WCF shall pay an annual fee to the Township to compensate
the Township for its costs incurred in connection with the activities
described above. The annual ROW management fee for Non-Tower WCFs
shall be determined by the Township and authorized by resolution of
the Township Board and shall be based on the Township's actual ROW
management costs as applied to such Non-Tower WCF.
(5)
Time, Place and Manner. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all Non-Tower WCFs in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utility Code.
(6)
Equipment Location. Non-Tower WCFs and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the Township. In addition:
(a) Equipment cabinets and other equipment enclosures
shall not be located closer than 100 feet to a residence, unless the
owner provides written consent to a closer location.
(b) In no case shall ground-mounted equipment, walls,
or landscaping be located within 18 inches of the face of the curb.
(c) Ground-mounted equipment that cannot be undergrounded
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the Township.
(d) Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
(e) Any graffiti on the tower or on any accessory equipment
shall be removed at the sole expense of the owner within 10 business
days of notice of the existence of the graffiti.
(f) Any underground vaults related to Non-Tower WCFs
shall be reviewed and approved by the Township.
(7)
Relocation or Removal of Facilities. Within 60 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 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
have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
(a) The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
(b) The operations of the Township or other governmental
entity in the right-of-way;
(c) Vacation of a street or road or the release of
a utility easement; or
(d) An emergency as determined by the Township.
(8)
Visual or Land Use Impact. The Township retains the right to
deny an application for the construction or placement of a Non-Tower
WCF based upon visual and/or land use impact.
I-2. Communications Equipment Building. A communications equipment building
shall mean an unmanned building or cabinet containing communications
equipment required for the operation of Communications Antennas and
covering an area on the ground not greater than 250 square feet. A
Communications Equipment Building shall always be accessory to a Communications
Antenna or a Communications Tower as defined in § 803.1-1
and 803.1-3, respectively.
1. A Communications Equipment Building shall be subject to the height
and setback requirements of the applicable Zoning District for an
accessory structure.
2. The applicant shall provide reasonable access to the Communications
Equipment Building. Where feasible, access shall be taken over existing
driveways and easements. The applicant shall maintain the access and
shall insure that no mud or dirt is conveyed onto public roads.
3. A Communications Equipment Building shall comply with the required
yard and height requirements of the applicable Zoning District for
an accessory structure.
4. One off-street parking space shall be provided for each Communications
Equipment Building.
5. All Communications Equipment Buildings shall be surrounded by a fence
of not less than eight feet in height to limit accessibility by the
general public.
I-3. Communications Tower. A Communications Tower shall mean a structure
other than a building, such as a monopole, lattice tower, self-supporting
or guyed tower designed and used to support Communications Antennas.
1. Applicants erecting a new Communications Tower shall agree to permit
co-locations on the towers at usual and customary rates for co-locations.
Owners of existing Communications Towers shall permit co-location
of additional Communications Antennae if structurally and technically
possible.
2. Use by permit. A Communications Tower shall be permitted by building
permit on the following tax map parcels in Newtown Township and Upper
Makefield Township:
Newtown Township: 29-3-18-2, 29-10-85-4, 29-9-5-1, 29-102-1,
29-3-14-1, 29-3-20-1, 29-3-22-1, 29-3-27-1, 29-3-28-1, 29-3-38-1,
29-3-50-1, 29-10-13-1, 29-10-68-1, 29-10-47-1, 29-10-52-1, 29-10-42-8,
29-10-73-1, 29-10-84-1.
Upper Makefield Township: Those portions of 47-7-49 exempt from
the deed of agricultural easement granted to the Commonwealth of Pennsylvania,
the County of Bucks and the Township of Upper Makefield.
Wrightstown Township: No Communications Towers or Communications
Antennas are permitted by building permit in Wrightstown Township.
In addition, Communications Towers or Communications Antennas
shall be permitted by building permit on all PECO electricity transmission
towers in Newtown Township and Upper Makefield Township located more
than 200 feet (measured from the nearest leg of the PECO electricity
transmission tower) from a residential use or a Use C-2, C-3 or C-10.
Application for a permit for a Communications Tower shall be made
to the designated Township Official prescribed by Newtown Township
of Upper Makefield Township, as applicable. An applicant for a permit
to site a Communications Tower pursuant to this Section must demonstrate
to the designated Township official that the Communication Tower meets
all of the criteria set forth in subsection 3 of this Section regarding
use by conditional use.
3. Use by Conditional Use. Where permitted by conditional use, the applicant
shall have the burden of going forward with evidence and the burden
of persuasion with respect to the following specific criteria related
to Communications Towers:
a.
The applicant shall demonstrate that it has registered its Communications
Tower with the Federal Communications Commission.
b.
The applicant shall demonstrate that the proposed Communications
Tower and Communications Antennas to be mounted thereon comply with
all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
c.
The applicant shall demonstrate that any proposed Communications
Towers comply with all applicable Federal Aviation Administration,
Commonwealth Bureau of Aviation and applicable airport zoning regulations.
d.
Any applicant proposing construction of a new Communications
Tower shall demonstrate that a good faith effort has been made to
obtain permission to mount the Communications Antenna(s) on an existing
building, structure or Communications Tower. A good faith effort shall
require that all owners of potentially suitable structures within
a minimum 1/2 mile radius of the proposed Communications Tower site
be contacted and that one or more of the following reasons for not
selecting such structure apply:
(1)
The proposed antennas and related equipment would exceed the
structural capacity of the existing structure and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A Commercially reasonable agreement could not be reached with
the owner(s) or such structure(s).
e.
The applicant shall provide reasonable access to the Communications
Tower. Where feasible, access shall be taken over existing driveways
and easements. The applicant shall maintain the access and shall insure
that no mud or dirt is conveyed onto public roads.
f.
A Communications Tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the Zoning District.
g.
The Applicant shall demonstrate that the proposed height of
the Communications Tower is the minimum height necessary to perform
its function. The Board of Supervisors shall have the right to impose
a condition on approval, however, that the tower be constructed in
such a way that its height can be extended to accommodate other users.
h.
The maximum height of any Communications Tower including antennas
attached thereto shall not exceed 200 feet. The base of a Communications
Tower shall be situated no less than the Tower's height away from
the nearest property line.
i.
The base of a Communications tower shall be landscaped so as
to screen the foundation and base and Communications Equipment Building,
if any, from abutting properties.
j.
The Applicant shall submit certification from a Pennsylvania
Registered Professional Engineer that a proposed Communications Tower
will be designed and constructed in accordance with the current structural
standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the applicable
Township's Building Code.
k.
The Applicant shall submit a copy of its current Federal Communications
Commission License; the name, address and emergency telephone number
for the operator of the Communications Tower; and 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 Communications Tower,
Communications Antennas and Communications Equipment Building, if
any naming the applicable Township as an additional insured thereon.
l.
All guy wires associated with guyed Communications Towers shall
be clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
m.
The site of a Communications Tower shall be secured by a fence
with a height of not less than eight feet to limit accessibility by
the general public.
n.
No signs or lights shall be mounted on a Communications Tower,
except as may be required by the Federal Communications Commission,
Federal Aviation Administration or other governmental agency which
has jurisdiction.
o.
Communications Towers shall be protected and maintained in accordance
with the requirements of the applicable Township's Building Code.
p.
If a Communications Tower remains unused, i.e. no antenna mounted
on the tower receives or transmits signals, for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the Communications
Tower within six months of the expiration of such twelve-month period.
q.
At the time of filing a building permit application for a Communications
Tower, the Applicant shall post a bond to cover the cost of dismantling
the Communications Tower if such dismantling is, at any time, necessary.
r.
Following a final judicial determination that a Communications
Tower is in violation of the applicable Township's Building, Fire
Prevention, Property Maintenance or other applicable Code or Ordinance,
the Township, following 90 days' prior written notice to the Applicant,
may use the bond posted pursuant to subsection q. above, to dismantle
the Communications Tower.
s.
One off-street parking space shall be provided within the fenced
area.
t.
The applicant shall produce the following information:
(1)
Appropriate maps showing the locations of all applicable adjacent
transmit/receive locations; and
(2)
A file at the time of conditional use application, which is
updated on a regular basis, of all Federal Communications Commission
submissions, approvals and actions pertaining to the site and the
telecommunications system as an entity.
u.
The applicant shall provide engineering and other pertinent
data concerning emergency power systems, including details of and
placement of generators, fuel storage and batteries.
v.
In Wrightstown Township, Communications Towers shall be permitted
by conditional use on the following tax parcels: 53-1-50-1, 53-1-21-5,
53-1-91-1, 53-2-21-1, 53-1-83-1, 53-12-1-1, 53-12-6-1, 53-12-18-2,
53-12-841, 53-12-2-1, 53-12-1-2, 53-2-81 and 52-12-2-2.
4. Use by Special Exception. Where permitted by special exception, the
applicant shall have the burden of going forward with evidence and
the burden of persuasion. The applicant shall meet the specific requirements
for communications towers permitted by conditional use as set forth
at § 803.1-3.3., in addition to the following criteria:
a.
The requirements of § 1507.E. of this Ordinance shall
apply.
b.
In Upper Makefield Township, communication towers shall be permitted
by special exception on the following tax map parcels: 47-008-055
and 47-004-080.
c.
In Upper Makefield Township, communication towers shall provide
for such alternative design criteria in the form of stealth construction
for such towers unless the Zoning Hearing Board determines that such
design criteria is not feasible with respect to technology, construction,
safety or co-location.