Newtown Area Zoning Jointure, PA Environmental Performance Standards

All applicants for subdivisions, land developments, or building permits shall include maps delineating the natural resources as defined within this Ordinance.

§ 902 Site Capacity Calculations.

[Amended effective 11/25/2002 by JMZO Ord. 2002-12, § I; adopted 11/20/2002. Amended effective 5/2/2005 by JMZO Ord. 2005-01, § II; adopted 4/27/2005. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-04, § II; adopted 12/3/2008.]

Applicability. In all developments the following calculation shall be submitted with all informational sketch, preliminary, and tentative plans by the developer for all subdivisions, land developments, or building permits, unless otherwise provided.

Determination of Net Building Site Area. For determining the net buildable site area, the following form shall be used:

Calculation for Base Site Area.

a.	Determine Gross Site Area by actual on-site survey:		________ AC.
b.	Subtract the following:
	(1)	Any existing area that has been set aside as a permanent right-of-way or easement for a public or private street.
	(2)	Land within the ultimate rights-of-way of existing streets or roads.
	(3)	Land within the rights-of-way or easements of above-ground or under-ground utilities.
	(4)	Land within existing areas comprising permanent drainage or stormwater management easements.
	(5)	Land without development opportunities due to restrictions such as restrictive covenants and conservation easements.
	Total Area with these Restrictions		________ AC.
c.	EQUALS BASE SITE AREA.		________ AC.

Calculation for Land with Resource Restrictions and Resource Protection.

In the event two or more resources overlap, only the resource with the highest open space ratio shall be used.

Table of Natural Resource Calculations.

Data Maps	Natural Resources	Minimum Required Resource Protection Ratio I	Acres of Land in Natural Resources II	Resource Protection Land (Column I x Column II)
Hydrologic surface features	Floodplains Floodplain soils Lakes or Ponds Wetlands Wetlands Transition Area*	1.00 1.00 1.00 1.00 0.80**	________ ________ ________ ________	________ ________ ________ ________
Slopes	Steep Slopes (15% - 25%) Steep Slopes (Greater than 25%)	0.75 0.85	________ ________	________ ________
Woodland associations	JM, CM and CR-1 All others	0.85 0.50	________ ________	________ ________
Agricultural soils in CM District All Residential Uses[1]	Agriculture Soils as defined in JMZO § 205	0.75	________

NOTES:
*	The Wetlands Transition Area requirements shall only apply in the JM, CM, CR-1, CR-2, and VC1 Zoning Districts.
**	Provided there shall be no disturbance in any portion of the wetlands transition area located within 25 feet of the delineated wetland soils. Where the wetlands transition area is required to be 100 feet, there shall be no disturbance within 50 feet of the delineated wetlands.

Total land within natural resource protection restrictions.	________AC.
Total natural resource protection land.	________AC.

[1]

All properties with a gross site area of six acres or less as of May 2, 2005, are exempt from this agricultural soils protection requirement for Use B-1 only.

Calculation for Minimum Active Recreation Land.

a.	Find total Unrestricted Land.
	Take: Base Site Area:	________AC.
	Subtract: Total Land With Natural Resource Restrictions:	________AC.
	EQUALS: TOTAL UNRESTRICTED LAND	________AC.
b.	Calculate Total Area Recreation Land. [Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]

Development Type and District		Total Factor x Unrestricted Land	Total Active Recreation Land
Single-Family Detached Cluster
	CM & CR-1 Districts CR-2, CR-1 & R-2 Districts	0.03 x ________AC. 0.06 x ________AC.	= ________AC. = ________AC.
Performance Subdivision
	CM & CR-1 Districts CR-2, R-1 & R-2 Districts	0.06 x ________AC. 0.08 x ________AC.	= ________AC. = ________AC.

c.	Exemptions and Options.
	(1)	Any development that contains only one or two dwelling units shall be exempt.
	(2)	Any residential development containing more than two dwelling units may be exempted by the municipality, in whole or in part, from providing recreation land but, if exempted, shall be required to pay a fee as determined by resolution in lieu of land reservation.

Calculation for Net Buildable Site Area and the Maximum Number of Permitted Dwelling Units.

For all multi-lot residential developments with more than two dwelling units, the following calculations shall apply:

Find Total Open Space.

________AC.

Natural Resource Protection Land

________AC.

Recreation Land

________AC.

TOTAL OPEN SPACE

Find Minimum Required Open Space.

________AC.

Base Site Area

________AC.

Open Space Ratio

________AC.

MINIMUM REQUIRED OPEN SPACE

Find Net Buildable Site Area.

________AC.

Base Site Area

–

________AC.

Total Open Space or Minimum Required Open Space, whichever is greater

________AC.

NET BUILDING SITE AREA

Determine the Maximum Number of Permitted Dwelling Units.

(1)

The following calculation shall apply to residential uses in the CM District:

(________AC.

Base Site Area

–

________AC.)

Wetlands and Waters of the Commonwealth

________DU/AC Maximum Permitted Density per Residential Use

________DUs Total Number of Permitted Units (round up if figure is equal to or greater than 0.5; round down if under 0.5)

(2)

The following calculations shall apply to residential uses in all other districts:

(________AC. Base Site Area

________DU/AC Maximum Permitted Density per Residential Use

________DUs Total Number of Permitted Units (round up if figure is equal to or greater than 0.5; round down if under 0.5)

Calculation for Maximum Impervious Surface for all Uses.

Calculation of Net Buildable Site Area.

________AC.

Base Site Area

–

________AC. Resource Protection Land

________AC. NET BUILDING SITE AREA

Calculation for Maximum Impervious Surface for All Uses:

________AC. Base Site Area

________AC. Maximum Impervious Surface Ratio

________AC. MAXIMUM IMPERVIOUS SURFACE

§ 903 Natural Resource Restrictions.

[Amended effective 11/12/2001 by JMZO Ord. 2001-10, § I; adopted 11/7/2001. Amended effective 8/28/2004 by JMZO Ord. 2004-14, § 15; adopted 8/23/2004; Amended effective 9/19/2004 by JMZO Ord. 2004-06, adopted 9/20/2004, § 1; Amended effective 5/2/2005 by JMZO Ord. 2005-01, § III; adopted 4/27/2005. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-04, § III; adopted 12/3/2008.]

General.

The natural resource restrictions, herein, shall apply to all uses.

Site alterations, regrading, filling, or clearing of vegetation prior to approval of final plan by the governing body shall be a violation of this Ordinance. However, this Section shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake, or wetland or for forest production, provided that all applicable permits have been obtained from the Pennsylvania Department of Environmental Protection.

Requirements for All Uses.

Floodplain and Floodplain Soils. All such lands shall remain as open space. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted within the floodplain unless permitted pursuant to 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.]

Lakes, Ponds, Wetlands, and Waters of the Commonwealth.

These areas shall remain as open space. No development, filling, piping, or diverting shall be permitted.

Wetland Transition Area.

(1)

In order to minimize the adverse impacts of human activity; to prevent groundwater contamination; to reduce surface run-off and sedimentation; to protect the hydrology of the wetland; and to protect wildlife habitats, a Wetland Transition Area shall be established in the Jericho Mountain (JM), Conservation Management (CM), Country Residential/Low Density (CR-1), Country Residential/Medium Density (CR-2) and Village Commercial-1 (VC-1). This transition area shall be established as a buffer extending from the outer limit of the wetlands as defined in this Ordinance a minimum distance of 50 feet,. Where sensitive site features warrant additional protection, the Wetland Transition Area shall be extended in accordance with the most restrictive of the following conditions:

(a)

Where the 300 feet of land adjacent to the outer limit of the wetlands has an average upland slope in excess of 10%, the Wetland Transition Area shall be increased by four feet for each degree of slope above 10%, however, in no case shall the Wetland Transition Area exceed 100 feet.

(b)

Where wetlands support wildlife on the PNDI list and plant life species as identified therein, the Wetland Transition Area shall be increased to 100 feet, and there shall not be any disturbance within 50 feet of the wetland transition area. It shall be presumed that the wetlands support wildlife and plant life species identified on the PNDI list, unless the applicant or property owner provides a habitat suitability assessment showing: 1) that the species do not reside within the transition area, and 2) that the transition area is not suitable as habitat of the species.

(2)

Where in the opinion of the Township, disturbance to the shape, but not the square footage, of a Wetland Transition Area on a tract or parcel of land will mitigate the environmental impact or result in minimal environmental impact, and the modified transition area continues to serve the transition function, the width of the Wetland Transition Area may be reduced to 50% of its required width, so long as it is compensated by increasing the transition area width in another portion of the same wetland area on the same site, and the total required Wetland Transition Area square footage is not reduced. In no event shall more than 20% of the Wetland Transition Area be disturbed or stripped of its vegetation. There shall be no disturbance within 50 feet of a delineated wetlands which supports plant and wildlife identified on the PNDI list of a wetland be disturbed and 25 feet of all other delineated wetlands.

(3)

The following activities are permitted in Wetland Transition Areas:

(a)

The Wetland Transition Areas shall remain in a natural state, but pruning of existing vegetation, planting of native vegetation, and removal of invasive species subject to compliance with the restrictions listed in this Ordinance shall be permitted.

(b)

Streets and driveway crossings, that do not disturb more than .1 acre (one-tenth of an acre) of the transition area within the tract or parcel, and for which compensation is provided in terms of equivalent increased transition area in the same wetland area on the same site.

(4)

Wetland Transition Areas are restricted from the following activities:

(a)

Removal, dumping, filling, excavation, or disturbance of the soil, other than in association with any activities identified in § 903.B.2.b.3 hereof.

(b)

Erection of structures or paving, other than in association with any activities identified in § 903.B.2.b.3 hereof.

(c)

Destruction of plant life which would alter vegetation patterns.

(d)

Underground utilities, unless the property owner or applicant can demonstrate that no feasible alternative locations are available, and further provided that hydrology stops exist to prevent a change in the natural conveyance of natural ground water. Any disturbed area shall be restored to its original state following disturbance activity.

(5)

Nothing in this Section shall be interpreted to relieve a property owner or applicant of the requirement to obtain a Floodplain Permit under the provisions of the Floodplain Ordinance of the respective municipality where the property is located or a Conditional Use under § 903.B.13, "Riparian Buffer Overlay Zone."

[Amended effective 12/9/2017 by JMZO Ord. No. 2015-02, adopted 12/4/2017.]

(Reserved)

Steep Slopes.

In areas of steep slopes, i.e., those above 15%, the following standards shall apply:

(1)

Fifteen percent to 25%: no more than 25% of such areas shall be developed and/or regraded or stripped of vegetation.

(2)

Twenty-five percent or more: no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.

(3)

Application for building permits shall include the following information:

(a)

Site plan of the property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction;

(b)

Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well;

(c)

Architectural plans, elevations, and sections of the structures and related improvements;

(d)

A statement prepared by a qualified registered architect or engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watersheds, and in preventing soil erosion.

(e)

A plan submitted under the seal of a registered professional engineer showing and certifying the following:

[1]

All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion, and water generally;

[2]

The calculated volume of water run-off from the slopes and from the lot in question, as unimproved;

[3]

The calculated volume of water run-off from the slopes and from the lot in question, as improved;

[4]

The existence, location, and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the water run-off from the slope and the lot; and

[5]

The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water run-off.

Exemptions. Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.

Woodland Associations. All wooded areas greater than 1/4 acre shall be subject to the following restrictions:

Zoning districts of JM, CM, and CR-1: no more than 15% of such areas shall be developed and/or regraded or cleared of vegetation. The balance shall remain as open space.

All other Zoning Districts: no more than 50% of such areas shall be developed and/or regraded or cleared of vegetation. The minimum of remaining stands of trees shall not be less than three times the height of the canopy. The remaining trees shall be protected during construction from root compaction, equipment and materials.

Trees on Wooded Lots.

Open Space Ratio equals 100% restrictions, unless otherwise designated. No land within the tree protection zone shall be altered, regraded, compacted, or built upon, or used for storage or parking of vehicles.

The site layout plan shall indicate all existing trees which are to be saved, the tree protection zone boundary, and the method by which protection will occur. In addition, tree protection techniques, in accordance with the local municipal Subdivision and Land Development Ordinance, shall be indicated on the plan and its provisions shall be adhered to during construction.

No live tree of girth greater than 10 inches measured at a point four feet above grade shall be removed in connection with a land development or building permit unless a zoning permit for a specific number of trees in a specific location is first obtained from the municipal zoning officer upon recommendation by the local planning commission. Permits will be granted only where tree removal will not adversely affect the intent of this Section or the utility and character of the overall foliage of the parcel or lot in question. In no case will removal of trees exceed the standards for steep slopes or woodland protection within subsections 903.B.4 and 5. The permit provisions of this Section shall not apply to a landowner who wishes to remove an individual tree not in conjunction with a land development or building permit.

For all healthy trees of a girth greater than 10 inches as measured at a point four feet above grade, the following standards shall apply. No greater than 1/3 of the roots may be disturbed by the removal of topsoil or paving provided that a similar amount of the canopy has been removed by a trained arborist. Any filling within 35 feet of the trunk shall require a tree well and/or aeration channels in accordance with the standards of the American Association of Nurserymen, Inc.

Agricultural Soils. In the CM District, in areas of Agricultural Soils as defined at § 205 of this Ordinance, the following standards shall apply to the determination of required open space areas for all residential uses:

No more than 25% of areas of Agricultural Soils shall be developed, except as provided in Footnote 1 of § 902.B.2.b.

Aquifer Recharge Areas. (To be added by amendment)

Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its pre-development condition. Where farm field or disturbed earth is the pre-development condition, meadow shall be used as the starting base for such calculations instead of the actual pre-development condition. All runoff calculations shall be based on one-hundred-year, twenty-four-hour storms. The method for such calculations shall be that contained in the United States Department of Agriculture, Soil Conservation "Engineering Field Manual Notice — TR-55," as amended.

10.

Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage and shall control erosion in accordance with the "Clean Streams Law" P.L. 1987, Chapter 102, except that in addition all developments shall submit a soil erosion and sedimentation control plan as required by the municipal subdivision and land development ordinance as part of the preliminary land development plan even 25 acres in extent.

11.

Grading and Erosion Control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in § 903.B.10 of this Ordinance.

No increased erosion will occur as a result of the planned development of the lot;

No increased water run-off will occur which will materially and adversely affect any property other than the lot to be developed.

12.

A Delaware Canal Overlay District is hereby created and adopted which shall, except as noted herein, comprise all land areas within 60 feet of the property line of the Delaware Canal structure. The property line of the Delaware Canal shall be determined from a survey to be provided by an applicant or owner in accordance with the regulations and guidelines of the DCNR and the Commonwealth of Pennsylvania. A typical cross-section as promulgated by the DCNR is attached hereto and adopted as a representative sample of the methodology of establishing the lot line.

Purpose. A Delaware Canal Overlay Zoning District is created for the following purposes:[1]

(1)

To preserve natural, scenic and historic values in the environment, especially along the Federally-recognized Delaware and Lehigh Navigation Canal National Heritage Corridor and the Delaware Canal State Park; and

(2)

To preserve woodlands, riparian buffers and to conserve other areas of significant environmental sensitivity that should not be intensely developed; and

(3)

To protect the public health and safety of existing residents against the harm from flooding; and

(4)

To regulate uses and structures at, along or near natural or artificial bodies of water, especially to avoid increased erosion; and

(5)

To regulate uses and structures at, places having unique historical, architectural patriotic interest or value; and

(6)

To regulate uses and structures at, along or near places of relatively steep slope or grade, or other areas of hazardous geological or topographic features, especially to avoid increased erosion and sedimentation; and

(7)

To encourage compatible land uses along the Delaware Canal; and

(8)

To encourage landowners, where the dimensions of the property and proposed new structure(s) or improvement(s) permit, to locate structures or improvements as close to the front yard setback line (or, if the property fronts on the canal, the rear yard setback line) in order to maximize the special setback area and minimize encroachments into the canal viewshed, all in furtherance of the purposes of this overlay district.

[1]

Editor's Note: See Attachment 3 to this article.

Relationship to Other Zoning Districts. The Canal Overlay District is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force, except where the provisions of the overlay district differ from the provisions of the underlying district, in which case the provision which is more restrictive and less permissive to a landowner or applicant shall apply.

Special Minimum Setbacks for New Structures. Sixty feet from the lot line for the Delaware Canal State Park as established by a survey to be performed by the owner or applicant in conformance with the regulations and guidelines of the DCNR and Commonwealth of Pennsylvania. A typical cross-section as promulgated by the DCNR is attached hereto and adopted as a representative sample of the methodology of establishing the lot line.

(1)

The overlay district setback requirement shall terminate at the edge of River Road or Taylorsville Road, i.e., the setback requirement shall not extend to land on the opposite side of River Road or Taylorsville Road from the canal.

(2)

If a principal structure as proposed meets all other requirements, including impervious surface, but cannot fit within the building envelope created by the applicable front, side and/or rear yard setback requirements and the special setback created by this Section, then the setback of the yard which is opposite the canal lot line reduced by no more than 25% of the setback requirement of that yard.

(3)

Structures subject to the special set-back created by this Section shall include the principal structure on a lot and those improvements which are considered structures under Joint Municipal Zoning Ordinance § 1000.E.3.b.(1), namely, patios, porches, decks and similar structures, but as applied to all lots regardless of size. Projections into yards which are permitted under JMZO § 1000.E.3.a. shall be permitted in the special setback created by this Section. Accessory buildings which are permitted under JMZO § 1000.E.4 shall be permitted in the special set-back created by this Section so long as there are no more stringent provisions prohibiting or placing other limitations on said structures contained elsewhere in the JMZO. In that event, the most stringent provisions shall apply.

Buffer Yards.

(1)

The first 30 feet of the special set-back created by this Section, i.e., the 30 feet closest to the edge of the Delaware Canal shall be a buffer yard composed of planting of indigenous species of deciduous and/or evergreen trees and shrubs whenever there is present or proposed to be on any lot a new or expanded:

(a)

Commercial or industrial use;

(b)

Outdoor commercial or industrial storage area;

(c)

Area routinely used for the parking, loading or unloading of motor vehicles; or,

(d)

Stormwater detention basin of more than 20,000 square feet in maximum detention area, unless the basin is planted in grass and is suitable for being mowed or will clearly resemble a natural pond.

The buffer yard provided for in this subsection d., shall be part of and not in addition to, the special minimum setback provided for in subsection c., of this Section.

(2)

The requirement of § 1003 of the Joint Municipal Zoning Ordinance regarding screening, landscaping and plant materials shall apply to the buffer yards. The buffer yard shall be free of above-ground structures (temporary and permanent), dumpsters, commercial or industrial storage or display, manufacturing or processing activity, material, loading or unloading areas, or vehicular parking. No new driveways or roadways shall be permitted in the buffer yards except at points of ingress and egress. Septic systems shall be permitted in the buffer yard provided the entire system is an underground system (i.e., the entire system is underground) and any portions of the system which are, of necessity, located above ground are fully screened from view from the canal with the appropriate plantings. In no case shall sand mounds or spray irrigation systems be permitted within the buffer yard.

(3)

If a substantial natural berm or slope or dense vegetation will be maintained and will be substantial enough to meet the buffer provisions of this Section, or if topographic conditions or the creations of berming by the developer would clearly relieve the need and cause for screening the Applicant may request appropriate relief from the Zoning Hearing Board.

(4)

Any fence that may be constructed shall be on the inside of any required screening.

(5)

Required plant materials shall have a minimum height when planted of three feet. Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a solid year-round visual screen at least six feet in height.

(6)

When the use of the land in this district is subject to the buffering requirements of the canal zoning overlay, the following light encroachment controls shall be imposed to control the spillage of light into the buffer and canal.

(a)

Any primary structure, accessory structure, or other device used to support any luminary that provides illumination shall not allow the illumination to be directed in the direction of the canal. Stray light shall not be directed or focused onto the canal and the buffer zone.

To accomplish these goals, the following restrictions are imposed to control the spillage or focusing of light:

[1]

No light fixtures shall be mounted on the wall of any structure facing in the direction of the canal that would allow the light emitted from that fixture to illuminate the buffer zone of the canal.

[2]

Light fixtures mounted on the wall of any structure facing the canal shall be of the "full shielded cut-off type" as defined by the IESNA. There shall be no projecting refractors to allow surface brightness.

[3]

Light fixtures mounted on walls perpendicular to the buffer zone shall have fully opaque sides and not allow the transmission of any lateral light in the direction of the buffer and the canal. There shall be no projecting refractors to allow surface brightness.

[4]

Lighting fixtures mounted on poles located within the setback shall not exceed 20 feet in height and any fixture mounted on such pole shall be of the "fully shielded cut-off type" as defined by the IESNA and shall not exceed one-tenth foot candles at the thirty-foot buffer yard portion of the setback. There shall be no projecting refractors to allow surface brightness.

Special Exceptions. Any structure, roadway, driveway or other improvement which is proposed to be constructed in the setback area or buffer yard provided for in this Section shall be permitted only as special exception granted by the Zoning Hearing Board.

Non-conforming Lots. Existing uses and structures shall be considered non-conforming and nothing herein shall prevent their continued existence or natural expansion, as permitted by law, provided, however, that no such expansion shall encroach further toward the canal than does any existing structure or use.

13.

Riparian Buffer Overlay Zone.

Creation and Purposes of Riparian Buffers. A Riparian Buffer Overlay Zone (RBOZ) shall be and hereby is created in order to protect and preserve the numerous benefits that are provided by riparian buffers, including the following:

(1)

Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical;

(2)

Provision of shade which moderates stream temperature and protects fish habitats by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects;

(3)

Provision for stream bank stability that protects fish habitats and controls sediment and erosion. Tree roots consolidate the soils of floodplains and stream banks, reducing the potential for severe bank erosion;

(4)

Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitats for small bottom dwelling creatures (such as insects, amphibians, crustaceans and small fish), which are critical to the aquatic food chain; and

(5)

Conservation of natural features important to land or water resources (e.g. headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, woodlands, and prime wildlife habitats) that exist on developed and undeveloped land.

Definitions. When used in this subsection 903.B.13 the following terms shall have the meanings set forth below:

(1)

The term "stream channel" shall mean the bed and banks of a watercourse or Waters of the Commonwealth, excluding roadside ditches, man-made drainage swales, and drainage improvements constructed pursuant to normal farming practices that confine and conduct continuously or intermittently flowing water in or through a participating Municipality.

(2)

The term "land disturbance" shall mean any activity that exposes soil, alters topography, alters the existing structure of a woodland or hedgerow and/or removes vegetation. Alteration includes the cutting or removal of trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground. The term "land disturbance" shall not include the mowing and routine maintenance of existing lawn or any lawn area that may be permitted within the RBOZ after the effective date of this Ordinance.

(3)

The term "solar access window" shall mean the minimum opening in the tree canopy needed to provide to the south side of a structure that level of solar access which is required for the effective operation of its solar energy system. Any such solar access window shall be identified and quantified on a solar energy plan prepared by a professional, including an architect, with experience in the design, construction or installation of active and/or passive solar energy. Ground cover and the shrub or understory layer may not be disturbed to create a solar access window.

Relationship to Other Zoning Regulations. The RBOZ is an overlay to the existing zoning districts within the participating municipalities. The provisions of the underlying district shall remain in full force, except where the provisions of the RBOZ differ from the provisions of the underlying district, in which case the provision which is more restrictive, and less permissive, to a landowner or applicant shall apply.

Establishment. Measurement of the RBOZ shall be and is hereby established as follows:

(1)

Zone One. This zone will begin at each edge of a stream channel and occupy a minimum width of 25 feet measured horizontally on a line perpendicular to the top of the bank. Where the land within 25 feet of the defined edge of a stream channel has an upland slope greater than 10%, Zone One shall include the land from the stream channel edge and the upland slope and shall further extend outward 25 feet from the edge or top of such upland slope;

(2)

Zone Two. This zone will begin at the outer edge of Zone One and occupy a minimum width of 25 feet in addition to Zone One, unless modified herein. Where the one-hundred-year floodplain extends greater than 50 feet from the waterway, Zone One shall remain a minimum of 25 feet, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.

Activities and Uses Permitted in the RBOZ.

(1)

No structure, land disturbance or use shall be permitted within the RBOZ unless permitted herein as of right, or by zoning permit, or specifically authorized by conditional use or special exception as provided herein. Notwithstanding the foregoing, in no event shall any of the following activities or uses be permitted: (a) any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations or wastewater lagoons; (b) junkyards, commercial or industrial storage facilities or open storage of vehicles and materials; and

(2)

The allowance of any activity, structure or other use under this Section, whether by right, permit, special exception or otherwise, shall not constitute a waiver of the requirements of any other applicable federal, state or local laws or regulations.

(3)

In Zone One, the following uses shall be permitted:

(a)

Pruning and removal of trees and other vegetation which are dead, diseased or in such a condition or physical position as to constitute (a) a danger to the structures or occupants of property or a public right-of-way, or (b) a threat to the well-being of other viable trees and shrubs or the stream channel, provided that any such activities are performed by hand or with the aid only of tools or power equipment which are hand-held;

(b)

Unpaved hiking, biking or bridle trails;

(c)

Fishing areas, provided, however, that the area provided for any such use on a lot shall not exceed 20% of the area of the riparian buffer on that lot;

(d)

Wildlife sanctuaries, arboretums, woodland, and other natural resource preserves, but excluding buildings;

(e)

Selective cutting of trees and/or the clearing of other vegetation when necessary to prepare land for a use permitted by the underlying zoning district. Removal of trees and/or vegetation is subject to revegetation by native plants that are most suited to the riparian corridor;

(f)

Customary agricultural practices in accordance with a soil conservation plan approved by Bucks County Conservation District, provided, however, that no such agricultural practices shall be conducted within 25 feet of the edge of any stream channel;

(g)

Routine maintenance and cleaning of streams and stream channels pursuant to all applicable federal, state, and county laws and regulations;

(h)

Creation of a solar access window to the extent it involves only the topping of trees. For purposes of this subsection only, the term "topping" shall mean the removal of the minimum portion of the top of a tree which is required to provide solar access without adversely affecting the viability of the tree. Whenever a tree is removed under and pursuant to this subsection, or is rendered nonviable as a result of being topped, a shrub or understory tree shall be planted in place of each tree removed;

(i)

Dredging or grading when incidental to permitted uses.

(j)

The following uses shall be permitted in Zone One by conditional use only: corridor crossings of recreational trails, roads, railroads, centralized sewer and/or water lines, and public utility transmission lines.

(4)

Uses Permitted in Zone Two.

(a)

All uses permitted in Zone One.

(b)

Reconstruction of a nonconforming building or structure may occur in compliance with § 1209 of the JMZO and any other applicable provisions of the JMZO regarding nonconforming buildings and/or structures.

(c)

Any of the following uses shall be permitted in Zone Two as a special exception when authorized by the local Zoning Hearing Board subject to Article XV and the "Use Regulations," Article VIII, of the JMZO:

[1]

Residential accessory structures and uses including: H-3 Residential Accessory Structure, H-5 Accessory Building, H-6 Outdoor Storage, H-7 Temporary Structure, H-8 Swimming Pool. The foregoing uses shall be permitted within the Riparian Buffer Zone but not within 25 feet of the edge of any stream channel;

[2]

Recreational Uses including Uses C-5 Recreational Facility, C-6 Athletic Facility, C-7 Golf Course, C-8 Private Club, if athletic in nature, and accessory outdoor athletic fields to Use C-9, provided that no permitted structure has a footprint of greater than 200 square feet;

(d)

Any of the following uses shall be permitted in Zone Two as a conditional use when authorized by the governing body of the municipality in which the use will be located, subject to requirements for conditional uses as set forth in this JMZO, as well as the "Use Regulations," Article VIII, of the JMZO:

[1]

Dams, culverts, bridges roads, and the facilities of all utilities, including sanitary and storm sewers and electric and cable transmission lines, provided that they cross the stream corridor as directly as practical, comply with all applicable federal, state, county and local laws or regulations, and any disturbances offset by riparian corridor improvements approved by the Township; and

[2]

Detention or retention basins and related outfall facilities.

(5)

The above conditional uses and special exception uses are permitted on the condition that the landowner shows that there is insufficient room outside the riparian buffer to accommodate the particular use or accessory use, and provided that there is no other reasonable alternative to establishment of the use in the riparian buffer.

Exemptions. The areas along the Newtown Creek and Core Creek in Newtown Township and the area along the Delaware Canal are exempt from the requirements of this Section.

Restoration and Revegetation of Riparian Buffers. The requirements of this Section shall apply to those all uses in the RBOZ whether permitted by right, by conditional use, or by special exception, and in cases where a subdivision or land development is proposed. Native vegetation approved by the Municipality must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. Three layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional such as a landscape architect or engineer, shall comply with the following minimum requirements, and shall be subject to the approval of the Municipal Engineer:

(1)

Ground Cover. Ground cover consisting of a native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs exclusive of noxious weeds as defined by the Pennsylvania State Department of Agriculture. This twenty-five-foot wide planted area shall be designated on the plan as a "no mow zone" and shall be left as natural cover except in accordance with the maintenance instructions stated on the plan;

(2)

Trees and Shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within the riparian buffer. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.

§ 904 Environmental Restrictions.

[Amended effective 4/15/2002 by JMZO Ord. 2002-4, § 1; adopted 4/10/2002. Amended effective 8/28/2004 by JMZO Ord. 2004-09, adopted 8/23/2004. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 8/11/2008 by JMZO Ord. 2006-08, § 01; adopted 7/23/2008.]

Requirements for All Uses.

No use shall be permitted which is noxious or offensive in the immediate surrounding areas by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not:

Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor, or dust. (All fixed equipment shall be operated by electric power, gas, or other smokeless fuel);

Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line;

Endanger surrounding areas by reason of fire or explosion;

Produce objectionable heat, glare, or radiation beyond the property line;

Result in major electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition;

Discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters in accordance with Act 537;

Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding area.

When required by the municipality, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous, or offensive as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the municipality may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

Requirements for Commercial and Industrial Uses.

General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this Part, shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.

Noise. Each of the participating Municipalities shall adopt its own Noise Ordinance. All proposed activities shall demonstrate compliance with the noise ordinance of the Township in which the use is located.

Vibration.

Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table II below and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used.

P.V.	=	6.28 F x D
P.V.	=	Particle velocity, inches per second
F	=	Vibration frequency, cycles per second
D	=	Single amplitude displacement of the vibration, inches

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table II.

Table II Maximum Ground Transmitted Vibration for PS, PS-2, OR, RI, RI-A, LI, and O-LI Districts
Particle Velocity in Inches/Second
	Adjacent Lot Line	Residential District
PS, PS-2 Professional Service	0.10	0.02
OR Office Research	0.10	0.02
RI, RI-A Rural Industrial	0.20	0.02
LI Light Industrial and O-LI Office Light Industrial	0.20	0.02

Where vibration is produced as discrete impulses, and such impulses do not exceed frequency of 100 per minute, then the values in Table II may be multiplied by two.

Air Pollution.

No use shall emit or cause or allow to be emitted or permit to escape into the open air any air contaminant of a quantity or quality which will violate any provision of this Ordinance.

No use shall operate or maintain or permit to be operated or maintained any equipment, installation, or device which by reason of its operating or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless the owner shall install and maintain in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quantity or of a quality that will violate any provision of this Ordinance.

No use shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, refuse fire, open fire, salvage operations fire, or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.

No use shall emit or cause to allow to be emitted or permit or escape into the open air from any combustion unit or incinerator smoke with a shade darker than No. 1 of the Ringelmann Chart, except smoke of a shade equal to but not darker than No. 2 of the Ringelmann Chart may be emitted for a period or periods aggregating four minutes in any eight-hour period.

No firm or corporation shall permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of one-tenth 0.1 grains per cubic foot of gas at standard conditions corrected to 12% carbon dioxide (CO2) except as designated under specific contaminants.

Specific Contaminants.

(1)

Fugitive Emissions. As required by §§ 123.1 and 123.2, Chapter 123, Article III, Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be further revised.

(2)

Particulate Matter Emissions. As required by §§ 123.11, 123.12, and 123.13, Chapter 123, Article III, Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be further revised.

(3)

Sulfur Compound Emissions. As required by §§ 123.21, 123.22, and 123.23, Chapter 123, Article III, IX Sub-Part C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January 1972, or as may be further revised.

It shall be unlawful for any person to install, alter, enlarge, or make additions to any existing or new facilities, equipment, or operation that may be a source of air contaminants or to install, alter, enlarge, or make additions to any existing or new equipment, reduce, or control the emission of air contaminants, until an application, including plans and specifications, has been filed with the municipality and a permit has been issued following review and approval by the municipal engineer. Should the municipality require the services of a professional or consultant for review of submitted plans and specifications, the applicant shall bear all costs for such services.

(1)

Two sets of plans shall be submitted with each application. If the plans are approved, one copy shall be retained by the municipality and the second copy shall be kept at the site of construction.

(2)

Each application shall be examined by the municipality which shall approve or reject the application within 30 days from the date of filing thereof.

(3)

After the completion of any work requiring a permit, the applicant shall apply for a certificate of approval. The certificate shall be issued by the municipality and shall certify that the work has been done in accordance with the approved plans.

(4)

Where a permit also is required from the Commonwealth Department of Environmental Protection, no certificate of approval shall be issued until the state permit has been obtained and evidence of the same has been given to the municipality.

(5)

The municipality may, at its discretion, require tests to be made of any work before it issues a certificate of approval. Such tests shall be made at the expense of the applicant.

Toxic or Noxious Matter.

Water-borne. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which can destroy aquatic life be allowed to enter any stream or watercourse.

Airborne. The Ambient Air Quality Standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the Ambient Air Quality Standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities permitted below, of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists.

Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period.

(1)

PS, PS-2 Professional Service and OR Office Research. In PS, PS-2 and OR Districts, the release of airborne toxic matter shall not exceed 1/30 of the Threshold Limit Value across lot lines.

(2)

RI, RI-A Rural Industrial LI Light Industrial and O-LI Office-Light Industrial Districts. In RI, RI-A LI and O-LI Districts, the release of airborne toxic matter shall not exceed 1/30 of the Threshold Limit Value beyond the district boundary line.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.

Odor thresholds, shall be measured in accordance with ASTM d1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."

PS, PS-2 Professional Service, OR Office Research, and VI Village Industrial Districts. In PS, PS-2, OR, and VI Districts, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured at either ground level or habitable elevation.

RI, RI-A Rural Industrial, LI Office-Light Industrial Districts. In RI, RI-A, LI and O-LI Districts, odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at either ground level or habitable elevation.

Fire and Explosion Hazards.

The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187° F., is permitted subject to compliance with all other performance standards for the district.

The storage utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187° F. but not less than 120° F., is permitted, subject to compliance with all other performance standards for the district, and provided the following conditions are met:

(1)

Said materials or products shall be stored, utilized, or produced within completely enclosed buildings, or structures having incombustible exterior walls.

(2)

All such buildings or structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or, if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Association or Factory Insurance Association.

The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than one 120° F., shall be prohibited without special permit from the municipal engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:

(1)

The final manufactured product shall not itself have a closed cup flash point of less than one hundred eighty-seven degrees Fahrenheit (187° F).

(2)

The use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the municipality.

Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association and the requirements of the other ordinances of the municipality.

(Reserved)

10.

Water Quality. No use shall withdraw water from any creek, stream, or their tributaries without filing for and obtaining permission from the Delaware River Basin Commission, other than for emergencies, such as "fire pond" use, to supplement emergency vehicle or hydrant pressures and flow. Further discharges to those streams shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection shall set more stringent requirements, they shall apply, in all cases, permits shall be obtained from the Pennsylvania Department of Environmental Protection, as required.

Temperature of Discharges. The heat content of discharges shall be limited to an amount that could not raise the temperature at the point of discharge 5° F. above ambient temperature or to a maximum of 87° F., whichever is less; nor change the temperature by more than 2° F. during any one-hour period assuming complete fixing.

Quality of Discharge. The minimum quality of discharges shall be as specified to maintain quality for Class B streams by the Pennsylvania Department of Environmental Protection. Those standards are:

Biological Oxygen Demand	(BOD)	5.0 ppm
Dissolved Oxygen	(DO)	5.0 mg/L
Suspended Solids	(SS)	10.0 ppm
Phosphorous as Phosphate		0.2 ppm

Secondary, and, where required, tertiary treatment shall be provided to maintain such quality. Further, no use shall discharge heavy metals, oils, suspended matter, or other elements expressly prohibited by the Pennsylvania Department of Environmental Protection.

Emergency Procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.

§ 905 Floodplain Districts.

[Amended effective 7/24/2004 by JMZO Ord. 2004-3, §§ I - IV; adopted 7/19/2004. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]

General Provisions.

Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Regulating uses, activities, and developments which, acting alone or in combination with other existing or future uses, activities, and developments, will cause increases in flood heights, velocities, and frequencies;

Restricting or prohibiting certain uses, activities, and developments from locating within areas subject to flooding;

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or flood-proofed against flooding and flood damage;

Protecting individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards.

Applicability. These provisions shall apply to all lands within the jurisdiction of the Participating Municipalities within this Part and shown as being located within the boundaries of the designated floodplain district which is considered as part of the official Zoning Map.

Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Part and any other applicable ordinances and regulations which apply to structures and uses within the jurisdiction of this Ordinance.

Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris, this Ordinance does not imply that areas outside the Floodplain District will be free from flooding or flood damages, this Ordinance shall not create liability on the part of the municipality or any officer or employee thereof for any flood damage that results from reliance on this Ordinance or any administrative decision lawfully made thereunder.

Zoning Map. The boundaries of the Floodplain District are established as part of the Zoning Map, which is declared to be a part of this Ordinance and which shall be kept on file as each municipal office.

Overlay Concept.

The Floodplain District described herein shall be an overlay to the existing underlying districts as shown on the Zoning Map, and the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.

Where any conflict exists between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions shall apply.

A determination that any provision of the Floodplain District is invalid by any legislative, administrative or judicial body shall not affect the validity or applicability of the remaining provisions of the Floodplain District.

Definition of Terms Related to Floodplain District. As used in this § 905, the following words and phrases shall have the meanings set forth herein:

Accessory Use or Structure. A use or structure on the same lot with and of a nature customarily incidental and subordinate to, the principal use or structure.

Approximated Floodplain. See § 905.C.1.a(3).

Basement. Any area of the building having its floor below ground level on all sides.

Building. A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Completely Dry Space. A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining, dredging, drilling operations; storage of equipment or materials and the subdivision of land.

Essentially Dry Space. A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FEMA. The Federal Emergency Management Agency, Federal Insurance Administration.

Flood. A general, but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, or other waters of this Commonwealth.

10.

Flood-Fringe Area. See § 905.C.1.a(2).

11.

Floodplain Area. A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

12.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

13.

Floodway. The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

14.

Freeboard. A margin of safety, expressed in feet above the one hundred year flood elevation.

15.

Functionally-Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities but does not include long-term storage or related manufactured facilities.

16.

Historic Structure. Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

Approved state program as determined by the Secretary of the Interior; or

(2)

Directly by the Secretary of the Interior in states without approved programs.

17.

Identified Floodplain Area. The floodplain area specifically identified in this Part as being inundated by the one-hundred-year flood.

18.

Land Development. Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

A subdivision of land.

19.

Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

20.

Levee System. A flood protection system which consists of a levee, levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

21.

Lowest Floor. The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Ordinance.

22.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

23.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

24.

Mean Sea Level. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a participating municipality's National Flood Insurance Map are referenced.

25.

Minor Repair. The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

26.

New Construction. Structures for which the start of construction commenced on or after December 18, 1979 for the Township of Newtown, August 15, 1978 for the Township of Wrightstown, October 17, 1978 for the Township of Upper Makefield, and includes any subsequent improvements thereto.

27.

Obstruction. Any structure or assembly of materials including fill above or below the surface of land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered an "obstruction" under this definition and shall not be subject to regulation under these regulations.

28.

One-Hundred-Year Flood. A flood that, on the average, is likely to occur every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur more frequently). Included in this area are the Floodway (FW) and Flood Fringe (FF) and Approximated Floodplain (FA).

29.

One-Hundred-Year Floodway or Floodplain. The one-hundred-year floodway and that maximum area of land that is likely to be flooded by a one-hundred-year flood as shown on the floodplain maps provided by FEMA.

30.

Person. An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

31.

Pollution. The contamination of any waters such as will create a nuisance to or render such waters harmful, detrimental or injurious to public health, safety, or welfare; or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life; including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.

32.

Recreational Vehicle. A vehicle which is (1) Built on a single chassis; (2) Not more than 400 square feet, measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light-duty truck; (4) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

33.

Regulatory Flood Elevation. The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

34.

Special permit. A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designed portion of a floodplain.

35.

Structure. Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any manmade object having an ascertainable stationary location on or in land or water whether or not affixed to land.

36.

Subdivision. The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

37.

Substantial Damage. Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

38.

Substantial Improvements. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have occurred "substantial damage," regardless of the actual work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Establishment of the Floodplain Zoning District.

Description of District.

Basis of District. The Floodplain District shall include areas subject to inundation by water of the one-hundred-year flood. The basis for the delineation of this district shall be the most recent formally adopted Flood Insurance Study prepared by the Federal Insurance Administration under FIA contract.

The maps showing all areas considered to be subject to the one-hundred-year flood are available for inspection at the municipal offices. For the purposes of this Ordinance, the following nomenclature is used in referring to the various kinds of floodplain areas:

(1)

The FW (Floodway Area) is delineated for purposes of this Ordinance using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this area are specifically defined in the Floodway Data Table contained in the above-referenced Flood Insurance Study (FIS) and identified as "Floodway" in the AE Zone as shown on the accompanying Flood Insurance Rate Map. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

(2)

The FF (Flood-fringe Area) shall be that area of the one-hundred-year floodplain identified as Zone AE not included in the Floodway. The basis for the outermost boundary of this District shall be the one-hundred-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Studies and as shown on the accompanying Flood Insurance Rate Map.

(3)

The FA (Approximated Floodplain) shall be that area of the one-hundred-year floodplain for which no detailed flood profiles or elevations are provided in the above-referenced Flood Insurance Maps accompanying the study. When available, information from other Federal, State and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. In determining the one-hundred-year flood elevations, the applicant for the proposed development shall utilize approximate hydrologic and hydraulic engineering techniques as discussed in Subsection C.3 below.

Approximated Floodplain. In areas of any municipality where no detailed flood profiles or elevations have been provided by the Flood Insurance Study (FIS), the Floodplain District shall include the approximate one-hundred-year flood boundary as shown on the Flood Insurance Rate Map for each municipality (hereinafter FA) and land areas which contain soil characteristics indicative of flooding conditions, hereinafter referred to as "floodplain soils." In these undesignated areas, the floodplain soils shall be subject to the Floodplain District Regulations contained herein. The floodplain soils shall include any one or combination of the following soil classifications as defined and classified in the 1975 Soil Survey of Bucks and Philadelphia Counties, Pennsylvania (or as revised), prepared by the U.S. Department of Agriculture, Soil Conservation Service:

	Symbol	Name
	Ae	Alluvial Land
	AlA	Alton Series
	Bo	Bowmansville Series
	Ha	Hatboro Series
	Mh	Marsh
	PoA, PpA, PpB	Pope Series
	Ro	Rowland Series

Floodplain District Boundary Changes Initiated By Participating Municipalities. The Participating Municipalities in the Newtown Area Joint Municipal Zoning Ordinance may revise the Floodplain District Boundary Map and these regulations where the Participating Municipalities deem that such revisions are appropriate. However, prior to adoption, any proposed revision shall be submitted to the Federal Insurance Administration for its review and approval.

Establishment and Interpretation of Floodplain District Boundaries. Any property owner who is aggrieved by the determination of the floodplain based upon the approximated floodplain and floodplain soils, may submit to the Participating Municipality in which the property is located, a Floodplain Study for a one-hundred-year flood conducted in accordance with the standards of the Federal Emergency Management Agency's Type 15 Flood Insurance Study, for the Participating Municipality's review. The Participating Municipality may, within its sole discretion, adopt the property owner's Floodplain Study or reject it; the Participating Municipality's decision in this regard being considered final. The floodplain study shall conform to the requirements of the "Procedure for Applicant Wishing to Challenge Floodplain District Boundaries" which is attached to this Article as Exhibit "A" and is incorporated herein by reference. Prior to acting upon the challenge to the Floodplain District boundary, the Participating Municipality will submit the floodplain study to the Federal Insurance Administration for its review.

The boundaries of the Floodplain District shall not be revised by a reclassification of the soils on the site by a soil scientist, whether or not the reclassification is approved by the Soil Conservation Service.

A floodplain shall be established for every watercourse which affects the property under study by the "Procedure for Applicant wishing to Challenge Floodplain District Boundaries" whether or not floodplain soils are present, as all watercourses have a definable one-hundred-year floodplain.

Regulation of Uses.

Permitted Uses. In the Floodplain District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment. No development, use or activity which would cause any increase in the one-hundred-year flood shall be permitted.

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting;

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, and hunting and fishing areas;

Accessory residential uses, such as yard areas, gardens, play areas, and pervious parking areas;

Accessory commercial uses, such as yard areas and pervious parking and loading areas.

Uses Permitted by Special Exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

Utilities, public facilities, and improvements, such as railroads, streets, bridges, transmission lines, pipe lines, and other similar or related uses;

Functionally dependent uses and activities, such as marinas, docks, wharves, piers, etc.;

Temporary uses, such as circuses, carnivals, and similar activities, provided they are permitted in the Zoning District in which the property is located;

Where permitted in the Zoning District in which the property is located, storage of materials and equipment; provided that such materials and equipment are not buoyant, flammable, explosive, or polluting, and are not subject to major damage by flooding; and provided further that such material and equipment is firmly anchored to permit flotation or movement.

Expansion of Existing Buildings or Structures. A building or structure, with the exception of those listed in § 905.D.4.d, located within the floodplain at the time of the initial enactment of a floodplain ordinance by the Participating Municipality may be altered or extended upon approval of a special exception by the Local Zoning Hearing Board subject to the following conditions:

No extension or alteration shall be permitted to any structure in the Floodway area which would cause any increase in the one-hundred-year flood level.

The alteration or extension conforms with all applicable regulations of this Ordinance.

The alteration does not constitute a substantial improvement as defined herein.

Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.

No alteration to individual or community sewage system, either wholly or partially in the floodplain, shall be permitted without the written approval of the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands, and/or the Bucks County Department of Health and provided further that said alteration shall eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

Any extension or alteration shall be (i) designed or modified so as to be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (ii) constructed with materials resistant to flood damage, (iii) constructed by methods and practices that minimize flood damages, and (iv) constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

Additional Regulations for Uses, Activities and Structures Permitted in Floodplain. In addition to the other regulations provide therein, the following provisions shall apply to any use, activity or construction permitted in the Floodplain District:

All uses, activities, and developments occurring within the Floodplain District shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances, such as the municipal building code and the municipal subdivision and land development ordinance. In addition, all such uses, activities, and the developments shall be undertaken only in compliance with federal or state law, including § 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

Under no circumstances shall any use, activity, and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

Prior to any proposed alteration or relocation of any stream or watercourse within the municipality, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, Bureau of Dams, Safety, Obstruction and Stormwater Management. Notification of the proposal by the municipality shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Pennsylvania Department of Community and Economic Development.

No hospital, nursing home, jail, or manufactured home shall be enlarged or expanded in any one-hundred-year floodplain because of the special hazards associated with these uses.

Any structure placed in the floodplain shall be anchored firmly to prevent flotation, collapse, or lateral movement.

The zoning officer shall require the applicant to submit the written opinion of a registered professional engineer that the proposed structural design meets this criteria.

No part of any newly constructed private sewage system related to the treatment and renovation of sewage effluent shall be constructed within the floodplain.

No materials that can float, that are explosive, or that are toxic to humans, animals or vegetation shall be stored in the floodplain. In accordance with the Pennsylvania Floodplain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act and this Section herein, any new or substantially improved structure which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the dangerous materials or substances, including but not limited to the following, on the premises, shall not be permitted in the floodplain:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Hydrocyanic acid.

Magnesium.

Nitric acid and oxides of nitrogen.

(12)

Petroleum products (gasoline, fuel oil, etc.).

Phosphorus.

Potassium.

Sodium.

Sulphur and sulphur products.

(17)

Pesticides (including insecticides, fungicides, and rodenticides).

(18)

Radioactive substances, insofar as such substances are not otherwise regulated.

All new or replacement public sanitary sewer facilities shall be designed to minimize or eliminate infiltration of flood waters into systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize the chance of impairment during a flood.

All utilities such as gas lines, electrical, and telephone systems being placed in the floodplain should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood. Adequate drainage shall be provided to reduce exposure to flood hazards.

Special Exceptions and Variances.

An applicant for a special exception or variance shall comply with the "Procedure for Applicant Requesting Special Exception or Variance from the Requirements of § 905, Floodplain District, of the Newtown Area Joint Municipal Zoning Ordinance" which is attached to this § 905 as Exhibit "B" and is incorporated herein by reference.

In passing upon applications for special exceptions and variances, the Local Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and the following:

(1)

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, activity, or development that will cause any increase in the one-hundred-year flood levels in the Floodplain District as delineated in the Flood Insurance Study referenced in § 905.C.1.a, except that a special exception or variance may be granted for any proposed use, activity or development permitted by § 905.D.1 of this Ordinance that will cause an increase of no greater than one foot in the one-hundred-year flood levels in the Floodplain District as delineated in the Flood Insurance Study referenced in § 905.C.1.a, provided that no use, activity or development occurs in the floodway.

(2)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(3)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(4)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(5)

The importance of services provided by the proposed facility to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

The availability of alternative locations not subject to flooding for the proposed use.

(8)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(9)

The relationship of the proposed use to the Comprehensive Plan and the floodplain management program for the area.

(10)

The safety of access to the property by ordinary and emergency vehicles in times of flood.

(11)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water at the site.

(12)

The Local Zoning Hearing Board may request that additional studies be performed by or under the direction of the Township Engineer of the Participating Municipality in which the property is located for further technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. All costs, charges, and expenses shall be paid by the applicant.

(13)

Special exceptions and variances shall only be issued after the Local Zoning Hearing Board has determined that the granting of such will not result in:

(a)

An increase in flood heights of greater than one foot in the one-hundred-year flood level.

(b)

Any use, activity or development in the floodway.

(c)

Additional threats to public safety;

(d)

Extraordinary public expense;

(e)

Creation of nuisances;

(f)

Fraud or victimization of the public;

(g)

Conflict with local laws or ordinances; or

(h)

Modification greater than the minimum necessary to obtain relief.

(14)

Whenever a special exception or variance is granted, the municipality shall notify the applicant in writing that:

(a)

The granting of the special exception or variance may result in increased premium rates for flood insurance;

(b)

Such special exception or variance may increase the risks to life and property.

(15)

A record of the action taken with respect to all variance or special exception applications under § IV.E. hereof together with a copy of the Local Zoning Hearing Board's decision shall be maintained by the municipality in which the property affected by the action is located. A report of all such actions shall be included in each municipality's annual or biennial report to the Federal Insurance Administration.

(16)

In passing upon an application for a variance, the Local Zoning Hearing Board shall also consider whether the failure to grant the variance would result in exceptional hardship to the applicant.

(17)

In passing upon an application for a variance or special exception, any adverse impact on any surrounding property owner may be the basis for denial by the local Zoning Hearing Board.

Elevation and Flood-Proofing Requirements. No special exception or variance shall be granted permitting construction within the one-hundred-year floodplain pursuant to the provisions of § 905 hereof, unless the following conditions shall be met:

(1)

Residential Structures. The lowest floor, including the basement of any or substantially improved residential structure, is at least 1 1/2 feet above the one-hundred-year flood elevation. The structure shall be anchored to prevent collapse, flotation, and lateral movement.

(2)

Nonresidential Structures. The lowest floor, including any basement or storage area, is at least 1 1/2 feet above the one constructed so that the space enclosed by such structure shall remain completely dry during any flood up to that height. As approved by the Local Zoning Hearing Board, said space may be designed and constructed so that the space enclosed by such structure shall remain essentially dry during any flood up to said height. In addition, the structure shall be anchored to prevent collapse, flotation, and lateral movement.

(3)

Plans for all proposed buildings, structures, and other improvements and drawn at suitable scale, showing the following:

(a)

The proposed lowest floor elevation for any proposed building based upon National Geodetic Vertical Datum of 1929;

(b)

The elevation of the one-hundred-year flood;

(c)

Information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood; and

(d)

Detailed information concerning any proposed flood-proofing measures.

(4)

A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood shall be submitted to the Local Zoning Hearing Board. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.