[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
All uses and activities established after the effective date
of this Ordinance shall comply with the following standards:
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted
6/18/2007.]
All applicants for subdivisions, land developments, or building
permits shall include maps delineating the natural resources as defined
within this Ordinance.
[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.]
A. 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.
B. Determination of Net Building Site Area. For determining the net
buildable site area, the following form shall be used:
1. Calculation for Base Site Area.
|
a.
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Determine Gross Site Area by actual on-site survey:
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________ AC.
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b.
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Subtract the following:
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|
|
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(1)
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Any existing area that has been set aside as a permanent right-of-way
or easement for a public or private street.
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|
|
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(2)
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Land within the ultimate rights-of-way of existing streets or
roads.
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|
|
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(3)
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Land within the rights-of-way or easements of above-ground or
under-ground utilities.
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|
|
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(4)
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Land within existing areas comprising permanent drainage or
stormwater management easements.
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|
|
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(5)
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Land without development opportunities due to restrictions such
as restrictive covenants and conservation easements.
|
|
|
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Total Area with these Restrictions
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________ AC.
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c.
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EQUALS BASE SITE AREA.
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________ AC.
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2. Calculation for Land with Resource Restrictions and Resource Protection.
a. In the event two or more resources overlap, only the resource with
the highest open space ratio shall be used.
b. Table of Natural Resource Calculations.
Data Maps
|
Natural Resources
|
Minimum Required Resource Protection Ratio I
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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**
|
________
________
________
________
|
________
________
________
________
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Slopes
|
Steep Slopes (15% - 25%)
Steep Slopes
(Greater than 25%)
|
0.75
0.85
|
________
________
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________
________
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Woodland associations
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JM, CM and CR-1
All others
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0.85
0.50
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________
________
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________
________
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Agricultural soils in CM District All Residential Uses
|
Agriculture Soils as defined in JMZO § 205
|
0.75
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________
|
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NOTES:
|
---|
*
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The Wetlands Transition Area requirements shall only apply in
the JM, CM, CR-1, CR-2, and VC1 Zoning Districts.
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---|
**
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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.
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Total land within natural resource protection restrictions.
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________AC.
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Total natural resource protection land.
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________AC.
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3. Calculation for Minimum Active Recreation Land.
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a.
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Find total Unrestricted Land.
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|
|
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Take: Base Site Area:
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________AC.
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|
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Subtract: Total Land With Natural Resource Restrictions:
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________AC.
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|
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EQUALS: TOTAL UNRESTRICTED LAND
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________AC.
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b.
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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.
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= ________AC.
= ________AC.
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Performance Subdivision
|
|
|
|
CM & CR-1 Districts
CR-2, R-1 & R-2 Districts
|
0.06 x ________AC.
0.08 x ________AC.
|
= ________AC.
= ________AC.
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c.
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Exemptions and Options.
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|
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(1)
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Any development that contains only one or two dwelling units
shall be exempt.
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|
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(2)
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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.
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4. 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:
a. Find
Total Open Space.
|
________AC.
Natural Resource Protection Land
|
+
|
________AC.
Recreation Land
|
=
|
________AC.
TOTAL OPEN SPACE
|
b. Find
Minimum Required Open Space.
|
________AC.
Base Site Area
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+
|
________AC.
Open Space Ratio
|
=
|
________AC.
MINIMUM REQUIRED OPEN SPACE
|
c. 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
|
d. 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
|
x
|
________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
|
x
|
________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)
|
5. Calculation for Maximum Impervious Surface for all Uses.
a. Calculation of Net Buildable Site Area.
|
________AC.
Base Site Area
|
–
|
________AC. Resource Protection Land
|
=
|
________AC. NET BUILDING SITE AREA
|
b. Calculation for Maximum Impervious Surface for All Uses:
|
________AC. Base Site Area
|
x
|
________AC. Maximum Impervious Surface Ratio
|
=
|
________AC. MAXIMUM IMPERVIOUS SURFACE
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[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.]
A. General.
1. The natural resource restrictions, herein, shall apply to all uses.
2. 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.
B. Requirements for All Uses.
1. 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.]
2. Lakes, Ponds, Wetlands, and Waters of the Commonwealth.
a. These areas shall remain as open space. No development, filling,
piping, or diverting shall be permitted.
b. 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.]
4. Steep Slopes.
a. 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.
b. Exemptions. Areas of steep slope that are less than 3,000 square
feet shall be exempted from these standards.
5. Woodland Associations. All wooded areas greater than 1/4 acre shall
be subject to the following restrictions:
a. 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.
b. 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.
6. Trees on Wooded Lots.
a. 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.
b. 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.
c. 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.
d. 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.
7. 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.
8. Aquifer Recharge Areas. (To be added by amendment)
9. 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.
a.
No increased erosion will occur as a result of the planned development
of the lot;
b.
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.
a.
Purpose. A Delaware Canal Overlay Zoning District is created
for the following purposes:
(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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
[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.]
A. Requirements for All Uses.
1. 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:
a. 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);
b. Result in noise or vibration exceeding the average intensity of noise
or vibration occurring from other causes at the boundary line;
c. Endanger surrounding areas by reason of fire or explosion;
d. Produce objectionable heat, glare, or radiation beyond the property
line;
e. 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;
f. 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;
g. 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.
2. 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.
B. Requirements for Commercial and Industrial Uses.
1. 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.
2. 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.
3. Vibration.
a. 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.
b. 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
|
c. 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.
|
4. Air Pollution.
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
5. Toxic or Noxious Matter.
a. 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.
b. 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.
6. 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.
a. Odor thresholds, shall be measured in accordance with ASTM d1391-57
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)."
b. 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.
c. 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.
7. Fire and Explosion Hazards.
a. 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.
b. 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.
c. 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.
8. 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.
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.
a.
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.
b.
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.
|
c.
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.
[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.]
A. General Provisions.
1. 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:
a. 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;
b. Restricting or prohibiting certain uses, activities, and developments
from locating within areas subject to flooding;
c. 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;
d. Protecting individuals from buying lands and structures which are
unsuitable for intended purposes because of flood hazards.
2. 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.
3. 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.
4. 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.
5. 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.
6. Overlay Concept.
a. 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.
b. 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.
c. 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.
B. Definition of Terms Related to Floodplain District. As used in this §
905, the following words and phrases shall have the meanings set forth herein:
1. 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.
2. Approximated Floodplain. See § 905.C.1.a(3).
3. Basement. Any area of the building having its floor below ground
level on all sides.
4. 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.
5. 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.
6. 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.
7. 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.
8. FEMA. The Federal Emergency Management Agency, Federal Insurance
Administration.
9. 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:
a.
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;
b.
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;
c.
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
d.
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:
a.
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.
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:
a.
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
b.
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
C. Establishment of the Floodplain Zoning District.
1. Description of District.
a. 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.
b. 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
|
2. 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.
3. 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.
D. Regulation of Uses.
1. 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.
a. Agricultural uses, such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting;
b. 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;
c. Accessory residential uses, such as yard areas, gardens, play areas,
and pervious parking areas;
d. Accessory commercial uses, such as yard areas and pervious parking
and loading areas.
2. 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:
a. Utilities, public facilities, and improvements, such as railroads,
streets, bridges, transmission lines, pipe lines, and other similar
or related uses;
b. Functionally dependent uses and activities, such as marinas, docks,
wharves, piers, etc.;
c. Temporary uses, such as circuses, carnivals, and similar activities,
provided they are permitted in the Zoning District in which the property
is located;
d. 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.
3. 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:
a. 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.
b. The alteration or extension conforms with all applicable regulations
of this Ordinance.
c. The alteration does not constitute a substantial improvement as defined
herein.
d. 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.
e. 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.
f. 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.
g. 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.
4. 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:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. No part of any newly constructed private sewage system related to
the treatment and renovation of sewage effluent shall be constructed
within the floodplain.
g. 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:
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides, and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise
regulated.
h. 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.
5. Special Exceptions and Variances.
a. 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;
(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.
b. 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.