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Newtown Area Zoning Jointure, PA
Bucks County
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[Amended effective 2/18/2002 by JMZO Ord. 2001-12, §§ I, II; adopted 2/13/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
A. 
Lot Area and Yard Required. The lot and yard regulations for any new buildings or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this Ordinance, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.
B. 
Minimum Lot Size. Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified within this Ordinance, except as specified in subsection 1000.C. below.
C. 
Exceptions to Minimum Lot Size.
1. 
Except for trees on wooded lots (§ 903.B.6), all residential lots of 30,000 square feet or less shall not include any deed restricted open space within the required minimum lot size area, while all residential lots of more than 30,000 square feet shall include a minimum of 30,000 square feet of land which is not deed restricted open space. It is intended that the open space be in one large contiguous parcel to the maximum extent practicable.
2. 
The provisions of this Ordinance shall not prevent the construction of a structure for a permitted use on any lot that was lawful when created and which, prior to the effective date of this Ordinance, was in separate ownership duly recorded by plan or deed; and provided that:
a. 
Such a lot is not less than 80% of the minimum lot area in that district.
b. 
Those lots not served by public water and sewers shall meet all requirements of the Bucks County Department of Health.
c. 
The front and rear yards shall aggregate at least 60% of the total lot depth or meet the normal requirements of the district in which the lot is located; but in no case shall either the front yard or rear yard be less than 15 feet.
d. 
Where side yards are required, the side yards shall aggregate at least 40% of the total lot width or meet the normal requirements of the district in which the lot is located; but in no case shall either side yard be less than five feet.
e. 
In the case of an irregularly shaped lot, the required lot width along the building setback line shall be no less than the frontage required at the street line in the applicable zoning district, but the frontage at the street line may be reduced to not less than 75% of the required street frontage.
3. 
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this Ordinance in any case where a reparceling or replatting could create one or more lots which would conform to the ordinance.
D. 
Minimum Lot Width. Where a minimum lot width is specified, no primary building shall be erected on any part of a lot which has a width less than that specified within this Ordinance, except as specified in § 1000.C. above.
E. 
Yard Requirements. No portion of a building or structure shall be built within the minimum depth of front, side, or rear yards as specified within this Ordinance except as permitted in the municipal subdivision and land development ordinance and as provided in the following:
1. 
Parking areas shall be permitted within required yards in OR Office Research, LI Light Industrial, O-LI Office-Light Industrial Districts.
2. 
Front Yard Exceptions for Existing Alignment. If the alignment of existing buildings on either side of a lot within a distance of 100 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the governing body may accept the average of such existing alignment within that distance as the required front yard.
3. 
Projection into Yards.
a. 
An arbor, open trellis, flagpole, unroofed steps or sidewalks, recreational structures, such as jungle gyms, swings and sandboxes, and clothes drying apparatus shall be permitted as a projection into the required side and rear yards provided they meet the minimum setback requirements for accessory structures. Nothing contained herein shall prevent walkways to the property line.
b. 
On lots smaller than 15,000 square feet in a Performance Subdivision or in the CR-1, CR-2, R1 or R-2 Districts, a patio, porch deck or similar structure shall be permitted in the side or rear yard subject to the following conditions:
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
(1) 
A patio, porch, deck and the like shall be considered a structure. A building permit, together with an as-built survey plan of the lot prepared by a registered surveyor or professional engineer, shall be required unless a field inspection or existing survey is found to be satisfactory for this purpose by the Code Enforcement Department.
(2) 
No patio, porch, or deck or the like shall be closer than 15 feet to a side or rear lot line, except with a townhouse where they can be located three feet from any side yard which includes a party wall.
(3) 
No patio, porch, deck, or the like may be higher than the floor level of the first floor. No patio, porch, deck or the like may be enclosed or roofed.
(4) 
Second floor decks and porches are not authorized by this subsection.
(5) 
If patios, porches, decks or the like extend into the rear or side yard pursuant to this subsection, no other accessory structure may be located closer to the deck or lot line than the permitted setback for an accessory structure.
(6) 
Porches and decks which are less than 80% impervious, which meet the requirements of this subsection, shall not be included in determining the impervious surface ratio for the lot.
(7) 
All patios, porches, decks and the like shall be constructed in conformance with all Municipal Codes and Regulations.
c. 
No patio, porch, deck or the like shall be constructed in any easement, or in such a manner that it blocks any drainage or swale, or so that it blocks the flow of stormwater from the site.
d. 
No portion of a sandmound, including the berm, or any other septic system, shall be installed closer than 10 feet to a property line, in any easement, or in a manner such that it blocks any drainage or swale, or so that it blocks the flow of stormwater from the site.
4. 
Accessory Building in Yards. No accessory building shall be permitted within the area of the minimum front yard setback. Completely detached accessory buildings, other than garages, may occupy a required rear or side yard but shall not be located closer than 12 feet to the side or rear property line for all lots greater than 10,000 square feet in area. For all other lots, accessory buildings, other than garages, may be placed within six feet of the side or rear property line. Garages must meet all yard and building setback requirements of the zoning district in which they are located.
F. 
Height. The height of structures is regulated to prevent loss of life or excessive property damage through the inability of municipal fire equipment to reach upper stories or roofs.
1. 
The height limitations specified in this Ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts, and aerials, except as herein specified. No such shall exceed 75 feet in height except where the shortest distance from the base of the object to the nearest property line shall be greater than 75 feet. In such cases the object may be equal to, but shall not exceed, that distance in height.
2. 
Midrise apartments shall not exceed 65 feet and six stories in height.
G. 
Visibility at Intersections. On a corner lot or at a point of entry on a public road, nothing shall be erected, placed, or allowed to grow in a manner which obscures vision:
1. 
Above the height of 2 1/2 feet measured from the centerline grades of the intersecting streets;
2. 
Within the area bounded by the centerlines of intersecting public streets and a line joining points on these centerlines at the distance from the intersection of the centerline of such streets or entrances specified in the municipal subdivisions and land development ordinance;
3. 
Within the area bounded by the centerlines of a private drive intersecting a public street and a line joining points on these centerlines 75 feet from such intersection on the public street and 30 feet on the private drive.
H. 
Restriction Against Further Subdivision. Any property located within Newtown Township, Wrightstown Township or Upper Makefield Township which is subject to a restriction against further subdivision, whether by a notation on a subdivision plan and/or restriction in a deed, shall not be further subdivided, regardless of an intervening zoning change.
[Amended effective 6/28/2004 by JMZO Ord. 2004-5, § 4; adopted 6/23/2004. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 8/11/2008 by JMZO Ord. 2008-01, § II; adopted 8/6/2008.]
A. 
General Requirements Applying to Required Off-Street Parking.
1. 
Structures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
2. 
Whenever there is an alteration of a use which increases the parking requirements according to this Article, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of this Article.
3. 
No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
4. 
All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the Local Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, or the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic.
5. 
For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the municipal engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition (i.e., free from holes, clearly delineated, or properly graded) shall be considered a violation of this Ordinance.
6. 
All off-street parking lots and areas for the display, storage, sale, or movement of three or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in subsection 1001.F.6.
7. 
Within the VR-1, VR-4, VC-1, VC-2, TC and TC-2 Districts, a structurally sound wall or fence, or other abutment to insure safety shall be installed around each side of the parking lot wherever said lot adjoins a public street, sidewalk, or alley; and an adequate retaining wall, wherever necessary, to prevent the washing of soil to and from adjoining property, shall also be provided.
8. 
Within the VC-1, VC-2, TC, and TC-2 Districts, any use existing as of the effective day of this Ordinance which can be lawfully expanded, or any new use that cannot meet the parking requirements of this Ordinance within the lot lines of the principal use may meet the parking requirements of this zoning ordinance by either:
a. 
On an annual basis the landowner shall show proof of a lease of the required parking spaces within 300 feet of the premises and in the same district; or
b. 
The landowner shall pay the Participating Municipality in which the use takes place a fee-in-lieu for each required parking space, to be determined by a formula set forth by resolution by the Participating Municipality for the acquisition, construction, and maintenance of public parking.
B. 
Parking Design Requirements.
1. 
A parking stall is that area specifically designated by pavement markings or some other means for the temporary parking of one motor vehicle.
2. 
Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, both commercial and noncommercial.
3. 
Unless otherwise specified, parking stalls shall conform to the following minimum dimensional standards:
Type
Width
Depth
(feet)
Conventional*
10
20
Handicapped
12.5
20
Oversized**
(as determined by municipal engineer)
NOTES:
*
In the LI and O-LI Districts, 75% of the required parking spaces may be nine feet in width and 18 feet in depth and shall be double-striped pursuant to specifications provided by the Township engineer, with the remaining 25% of required spaces designed at 10 feet in width and 20 feet in depth, provided that the larger parking spaces shall be located closest to the main entrance of any building.
**
Including but not limited to recreational vehicles, tandem trailers, trucks and buses.
4. 
Parking for the handicapped or physically disabled shall be provided for as follows:
Total Nonresidential Parking Spaces
Required Handicapped Parking Spaces
10 to 50
(1 space)
51 to 250
2.5%
251+
2.0%
5. 
The minimum width of drives and parking aisles shall be 20 feet in the TC Town Commercial District and 25 feet in all other districts.
6. 
All dead-end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.
7. 
Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle.
C. 
Parking Access and Traffic Control. In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage:
1. 
No area for off-street parking or for the display, storage, sale, or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb and barrier planting strip, wall or other effective barrier against traffic except at necessary accessways, and each parking area shall have not more than two accessways to any one public street or highway for each 500 feet of frontage.
Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than 35 feet clear in width.
2. 
In the case of garden apartments, mid-rise apartments, and all industrial uses, the following regulations shall apply:
a. 
All parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the property or center, except in VR-1, VR-4 VC-1, VC-2, TC and TC-2 Districts, where parking may be provided within 300 feet of the use or as provided in § 1001.A.8.
b. 
All buildings shall front upon a marginal street, service road, common parking lot, or similar area and not take access directly upon a public street or highway.
c. 
All accessways to a PennDOT Class 1 or Class 2 public street or highway shall be located not less than 300 feet from the intersection of the centerlines of any streets.
d. 
Any additional traffic signals and acceleration and deceleration lanes deemed necessary upon review by the governing body to provide safe and adequate access to the property shall be provided by the owner.
e. 
All streets and accessways shall be designed in a manner conducive to safe exit and entrance requirements of the municipality.
3. 
Driveways in single-family-detached developments shall exit only onto interior access streets, except where this can be specifically shown by the developer to be impractical and he receives the approval of the municipal engineer and the local planning commission.
D. 
Interior Circulation and Access.
1. 
Internal drives and parking aisles shall be no less than the minimum width specified in subsection 1001.B.5 and shall be designed so as to prevent blockage of vehicles entering or leaving the site.
2. 
Internal drives and parking aisles shall be paved and provided with curbs and drainage in conformance with the requirements of the municipal subdivision and land development ordinance.
E. 
Shopping Cart Storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated in Article XI.
F. 
Off-Street Parking Regulations for Townhouse, Apartment and Nonresidential Uses.
1. 
Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants, or employees.
2. 
No motor vehicle repair work of any kind other than emergency service shall be permitted in parking lots.
3. 
In any case where a development abuts a state or municipal highway, all streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided as required by the municipality.
4. 
No off-street parking shall be permitted within the front yards, within five feet of the side and/or rear property lines in the TC Town Commercial District, and within 10 feet of the side and/or rear property lines in all other districts, except as provided in § 1000.E.1. However, driveways, parking aisles, and parking spaces may be permitted in side or rear yards in the TC Town Commercial District when these parking improvements are shared between two or more abutting uses.
5. 
Computation.
a. 
When determination of off-street parking spaces required by this Ordinance results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded while a fraction in excess of 1/2 shall be counted as one parking space.
b. 
Off-street parking space shall be required as provided for each use in Article VIII. All uses which do not have a parking requirement in Article VIII and which have a lot coverage in excess of 10% shall provide at least one off-street parking space for each 220 square feet of gross floor area.
c. 
For industrial uses, if less than one parking space is provided for each 470 square feet of floor area, sufficient space shall be preserved within the building setback lines for future expansion of parking facilities to that number without exceeding the impervious surface ratio.
d. 
An additional 1/4 space per dwelling unit of overflow off-street parking shall be required where garage and/or driveways are utilized to fulfill the off-street parking requirements.
6. 
Buffer and Landscape Requirements Parking lots for all uses for which buffering is specified in Article XIII, and all off-lot parking areas shall be subject to the following requirements:
a. 
Except within the TC Town Commercial District, no off-street parking spaces shall be located less than 20 feet from any public street right-of-way line and 10 feet from any property line.
b. 
Any area for off-street parking or for storage or movement of three or more motor vehicles shall be buffered, except at entrances or exits, from streets and from residential or other uses with less intensive parking requirements. The buffer shall consist of an ornamental fence or wall consistent with the architectural character of the surrounding uses, or by a compact evergreen hedge, not less than four feet in height. Where a planted screen is proposed, it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce within two growing seasons (May through September) after planting a screen at least four feet higher than the elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the parking area elevation, trees and shrubs shall be at least two feet in height, satisfaction of the four foot requirement notwithstanding. These provisions shall not, however, interfere with the maintenance of clear sight lines at intersections. Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to 20% of the estimated cost of the plantings. Such guarantee shall be released only after passage of the second growing season following planting.
b.1. 
Any area for the display and sale of motor vehicles shall be provided with a fence, wall or planted screen, as described in subsection b. above, along property lines with adjacent land uses other than Uses E-10 Service Station, E-11 Automotive Sales or E-12 Automotive Repair and Car Wash. Along any street frontage, planted screening shall be provided along 25% of the street frontage where motor vehicles are displayed for sale.
c. 
Except in the TC Town Commercial District, parking areas of a 20-vehicle width shall be separated from one another by planting strips not less than 10 feet in width.
d. 
Except in the TC Town Commercial District, no less than 10% of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, will be considered as part of the required parking area landscaping.
G. 
Reduction of Nonresidential Parking Requirements. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the governing body, after consulting with the planning commission and the municipal engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
1. 
The conditional reduction of parking spaces may apply to the following:
a. 
The minimum number of parking spaces required for a land use is in excess of actual parking needs.
b. 
The operating schedules of two or more land uses are such that a parking lot may be shared between them and that the minimum number of parking spaces required for each land use is in excess of actual parking needs.
2. 
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirement. The plan shall also illustrate the layout for the total number of parking spaces, which must be in compliance with the impervious surface and yard requirements of this Ordinance.
3. 
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide with the land development plan a landscaping plan for the reserved area.
4. 
If required by the governing body, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of the governing body's choosing who shall determine the advisability of providing the full parking requirement. With recommendations of the traffic engineer, the municipal engineer, and the local planning commission, the governing body shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.
5. 
Land which has been determined and designated by the governing body to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space. Section 1002 Off-street Loading Requirements In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this Section:
[Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this Section:
A. 
Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:
1. 
Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways, or
2. 
Backing out into a street.
B. 
All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two-ton capacity shall be located less than 100 feet from any residence district. No permitted or required loading berth shall be located within 50 feet of any property line. No loading facilities shall be constructed between the building setback line and a street right-of-way line or within a required yard.
C. 
All off-street loading areas shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan.
D. 
A required off-street loading berth shall be at least 15 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 16 feet.
E. 
Each required off-street loading berth shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to approval of the governing body. The interior drives shall have all-weather surfaces to provide safe and convenient access during all seasons.
F. 
All open, off-street loading berths shall be paved in accordance with the regulations of the municipal subdivision and land development ordinance.
G. 
No storage of any kind nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.
H. 
Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
I. 
Except in the TC Town Commercial District, at least one loading berth shall be required for each facility. There shall be at least one loading berth for each three trucks serving the facility on an average day or a suitable alternative solution applicable to the proposed use as long as no trucks are parked on any streets and the alternative is approved by the local planning commission. For the uses here listed, loading berths shall be provided as specified:
Use
Floor Area
Required Berths
Business and Professional Offices and Public Administration Buildings
First 10,000 square feet
Next 40,000 square feet
Each additional 50,000 square feet or fraction thereof
1
1
1
Food Stores and Retail Department Stores
First 5,000 square feet
Next 5,000 square feet
Each additional 20,000 square feet or fraction thereof
1
1
1
Manufacturing
First 3,000 square feet
Next 7,000 square feet
Each additional 20,000 square feet or fraction thereof
1
1
1
Wholesale and Other Uses
First 2,000 square feet
Next 8,000 square feet
Each additional 10,000 square feet or fraction thereof
1
1
1
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007.]
A. 
Purpose. Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. In addition to the requirements of this Section, all buffering shall be subject to review by the applicable municipal shade tree commission.
B. 
Screening.
1. 
A completely planted visual barrier or landscape screen of sufficient density, which cannot be seen through, and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening shall be provided and continually maintained between any industrial or commercial district or intensive agricultural use and adjoining residentially zoned district or residential use; in a residential district between all townhouse, twin, duplex, or apartment developments and adjoining lower density residential use; around all public utility operating facilities.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
2. 
Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents, and any other structures or equipment other than radio or television antenna which extend above the roof line shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the governing body before construction or erection of said structures or equipment.
3. 
Screening of off-street parking areas shall be in accordance with subsection 1001.F.6. and of off-street loading areas with subsection 1002.C.
4. 
Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season following planting.
C. 
Landscaping.
1. 
Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan prepared by a registered landscape architect.
2. 
Landscaping of off-street parking areas shall be in accordance with subsection 1001.F.6 and off-street loading areas with subsection 1002.C.
3. 
All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the municipality.
4. 
Landscaping of outdoor advertising signs shall be in accordance with subsection 1106.M.9.
D. 
Plant Materials List. Each of the buffer yards may utilize any of the plant materials listed as outlined within this subsection. Minimum plant size, given either in height or in caliper is indicated in this table. All planting material shall meet the standards of the American Association of Nurserymen.
1. 
Canopy Trees (2 1/2 inch caliper).
Acer ginnala - Amur Maple
Acer plantanoides - Norway Maple
Acer rubrum - Red Maple
Acer saccharum - Sugar Maple
Betula alba - European White Birch
Betula papyrifera - Paper Birch
Fagus grandifolia - American Beech
Fagus sylvatica - European Beech
Fraxinus americana - White Ash
Fraxinus pennsylvania lanceloata - Green Ash
Ginkgo biloba - Ginkgo (male only)
Glenditsia triacanthos inermis - Thornless Honey Locust
Liquidambar strataciflua - Sweet Gum
Liriodendron tulipifera - Tulip Tree
Phellodendron amurense - Amur Cork Tree
Plantanus acerifolia - London Plane Tree
Quercus alba - White Oak
Quercus borealis - Red Oak
Quercus coccinea - Scarlet Oak
Quercus palustris - Pin Oak
Quercus phellos - Willow Oak
Robina psuedoacacia inermis - Thornless Black Locust
Sophora japonica - Japanese Pagodatree
Tilia - Linden - all species hardy to the area
Zelkova serrata - Japanese Zelkova
2. 
Flowering Trees.
Amerlanchier canadensis - Shadblow Serviceberry
5 to 6 feet
Cornus florida - Flowering Dogwood
5 to 6 feet
Cornus kousa - Kousa Dogwood
5 to 6 feet
Cornus mas - Cornelian Cherry
5 to 6 feet
Crataegus phaenopyrum - Washington Hawthorne
5 to 6 feet
Koelreuteria paniculata - Golden Rain Tree
8 to 10 feet
Laburnum vossi - Goldenchain
8 to 10 feet
Magnolia soulangeana - Saucer Magnolia
5 to 6 feet
Malus baccata - Siberian Crab
8 to 10 feet
Malus floribunda - Japanese Flowering Crab
8 to 10 feet
Malus hopa - Hopa Red-flowering Crab
8 to 10 feet
Oxydendrum arboreum - Sourwood
5 to 6 feet
Pyrus calleryana Bradford - Callery Pear
8 to 10 feet
Prunus kwanzan - Kwanzan Cherry
8 to 10 feet
Prunus yedoensis - Yoshino Cherry
8 to 10 feet
3. 
Evergreens (4 to 5 feet).
Ilex opaca - American Holly
Picea abies - Norway Spruce
Picea pungens - Colorado Spruce
Pinus nigra - Austrian Pine
Pseudotsuga menziesii - Douglas Fir
Tsuga canadensis - Canada Hemlock
4. 
Hedge.
Crataegus crus-galli - Cockspur Thorn
3 to 4 feet
Forsythia intermedia - Border Forsythia
4 to 5 feet
Rhammus frangula columnaris - Tallhedge Buckthorn
3 to 4 feet
Syringa chinensis - Chinese Lilac
3 to 4 feet
Syringa vulgaris - Common Lilac
4 to 5 feet
5. 
Shrubs.
a.
Juniperus virginiana - Upright Juniper
4 to 5 feet
Pyracantha laladi - Laland Firethorn
5 to 6 feet
Taxuc capitata - Upright Yew
2.5 to 3 feet
Taxus hicksi - Hicks Yew
2.5 to 3 feet
Thuja occidentalis - American Arborvitae
4 to 5 feet
b.
Euonymus alatus - Winged Euonymus
3 to 4 feet
Hamamelis vernalis - Vernal Witch Hazel
4 to 5 feet
Hamamelis virginiana - Common Witch Hazel
4 to 5 feet
Ilex verticillata - Winterberry
4 to 5 feet
Rhamnus frangula - Glossy Buckthorn
4 to 5 feet
Viburnum dentatum - Arrowood Viburnum
4 to 5 feet
Viburnam lantana - Wayfaringtree Virurnum
4 to 5 feet
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 8/11/2008 by JMZO Ord. 2006-08, § 02; adopted 7/23/2008.]
[Readopted effective 6/23/2007 by JMZO Ord. 2007, adopted 6/18/2007. Amended effective 12/8/2008 by JMZO Ord. 2008-05, § III; adopted 12/3/2008.]
The following open space performance standards shall apply to all uses, as they are applicable.
A. 
General Provisions.
1. 
It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development of the open space. The open space shall be restricted against any future building, development, or use except as is consistent with that of providing for open space for recreation, conservation, agricultural uses, and access ways and parking facilities accessory thereto. Buildings or uses for noncommercial recreation, cultural, or agricultural purposes compatible with the open space objective may be permitted only with the express approval of the governing body, following approval of the building, site and operational plans by the governing body. The governing body may, at its sole discretion, make post-development changes within development open space to improve stormwater management, increase stormwater infiltration, implement stormwater best management practices, or make other changes to reduce flooding, reduce water pollution, or comply with local, county, state and federal stormwater management requirements.
2. 
All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the municipal solicitor as to legal form and effect with recommendations from the local planning commission and the local park and recreation boards as to suitability for the proposed use of the open space and be approved by the governing body as part of the final plan approval.
3. 
Layout of open space within the Conservation Management District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture. Pursuant to a participating municipality's Subdivision and Land Development Ordinance, a participating governing body, upon the recommendation of the local planning commission, may permit greater encroachment into areas of forests, slopes, or shorelines in order to maximize the protection of Class I, II or III agricultural soils. A plan which does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provisions of this Ordinance. A planted buffer may be required between the residential areas and the open space retained for agricultural purposes where appropriate. Where, on any adjacent property, permanently protected open space or land in active agricultural use is located within 50 feet of a property proposed for development with open space requirements, the open space within the proposed development shall be located at one or more locations, as approved by the governing body, near the common property line with the adjacent agricultural land or open space in order to establish a contiguous area of open space. See § 902.B.2, Calculation for Land with Resource Restrictions and Resource Protection, for the calculation of protected agricultural soils.
The governing body may require a planted buffer between existing and/or proposed residential uses or other existing uses and the open space retained for agricultural purposes. The proposed agricultural uses of the open space, the location of existing and proposed ownership of the agricultural open space, and the methods to restrict the use of open space to agricultural uses are permitted only with the expressed approval of the governing body. The governing body may attach conditions and safeguards in addition to those expressed in this Ordinance, or may deny agricultural use of open space where agricultural use of open space may result in impacts on or be incompatible with other uses of land in the Conservation Management District or other adjoining districts.
4. 
Where open space is designated on a subdivision plan or is restricted from further subdivision and/or development by a restriction in a deed and/or by a note on a subdivision plan, the open space shall not be further subdivided, regardless of an intervening zoning change.
5. 
In all zoning districts, the open space designated within a development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles. Except in the Conservation Management District, open space shall be accessible to a maximum number of the residents of a developed area, and shall be provided in accordance with the participating municipality's subdivision and land development ordinance. In the Conservation Management District, the requirements of § 1005.A.3 shall be met. Further, the open space designated within a development area shall be arranged so as to encompass a single land area or minimum number of areas, linked by a common means of circulation and access; and, it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be provided. Open space areas may only be bisected by roads when approved by the Board of Supervisors.
B. 
Open Space Design Standards.
[Amended effective 9/23/2018 by JMZO Ord. No. 2017-04, adopted 9/18/2018.]
1. 
Areas set aside for open space shall be suitable for the designated purpose and in any event shall be consistent with the plan policy for future land use in the municipality. Any such area shall contain no structure other than a structure related to the purposes of open spaces. Where structures relating to open space or recreational activity are located in the Developed Open Space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform with the provisions of Use A-1.1, 2, 3, and 4, in § 803.
2. 
Any land set aside as open space of such a size as may be capable of future subdivision under the regulations of this Ordinance must be made subject to a deed restriction or agreement in a form acceptable to the governing body and duly recorded in the Office of the Recorder of Deeds in and for Bucks County.
C. 
Methods of Conveyance and Maintenance. All open space shown on the final development plan as filed with the municipality and subsequently recorded in the Office of the Recorder of Deeds of Bucks County must be conveyed in accordance with one or more of the following methods:
1. 
Dedication in fee-simple to the municipality:
a. 
The municipality may, at the discretion of the governing body, accept any portion or portions of the open space, provided:
(1) 
If, upon the recommendation of the municipal park and recreation board and planning commission, it is determined that such land is suitable regarding size, shape, location, and access, the governing body may determine that such lands will benefit the general public of the municipality.
(2) 
The municipality agrees to and has access to maintain such lands;
(3) 
The titles are conveyed to the municipality without costs; and
(4) 
The governing body shall adopt a resolution accepting a deed of dedication from the land owner together with an account of moneys as determined by the governing body which shall be deposited in a special municipal account that shall be used only for the purposes of maintaining the land.
2. 
Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community, trust, condominium, individual, or other legal entity:
a. 
The terms of such instrument of conveyance must include provisions suitable to the municipality assuming such organization shall guarantee:
(1) 
The continued use of such land for the intended purpose of perpetuity;
(2) 
Continuity of proper maintenance for those portions of the open space requiring maintenance;
(3) 
Available funds required for such maintenance;
(4) 
Adequate insurance protection;
(5) 
Provision for payment of applicable taxes;
(6) 
Recovery for loss sustained by casualty, condemnation, or otherwise;
(7) 
The right of the municipality to enter upon and maintain such property at the expense of the organization in the event the organization fails to maintain the property; and
(8) 
Such other covenants and/or easements to fulfill the purposes and intent of this Ordinance.
b. 
The following are prerequisites for a corporation or association:
(1) 
It must be approved by the municipality, prior to final plan approval, and the linens recorded before any homes or dwelling units are sold, leased, or otherwise conveyed.
(2) 
Membership must be mandatory for each buyer and/or lessee. The organizational paper shall specify the voting rights as per adult, per unit, or per bedroom. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to homeowner.
(3) 
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation, or otherwise, and the maintenance and associated administrative costs incurred by the municipality.
(4) 
Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the municipality.
(5) 
It must be able to adjust the assessment to meet conditions by a stated margin of votes.
(6) 
Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the municipality before any such sale or disposition of the open space.
c. 
The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the municipality shall be absolute and not subject to reversion for possible future use for further development.
3. 
At the option of the municipality, by conveyance of the restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, funded community trust, or other legal entity, the open space may remain totally lotted off to adjacent fee-simple lots, provided:
a. 
The terms of such instrument of conveyance must include provisions to the municipality for guaranteeing:
(1) 
The continued use of such land for the preservation of open space;
(2) 
Such other conveyance and/or easement that the municipality shall deem desirable to fulfill the purposes and intent of this Ordinance.
b. 
The following are prerequisites for the conveyance of easements, etc.:
(1) 
Such conveyance of the total easements, etc., must transpire prior to any lots or dwelling units being sold, leased, or otherwise conveyed;
(2) 
Each owner of the open space shall be responsible for liability insurance, insurance, taxes, recovery of loss sustained by casualty, condemnation, or otherwise, and the general maintenance thereon.
4. 
Conveyance of title to an individual for agricultural purposes:
a. 
Open space may be retained by the original landowner, subdivided, or sold separately provided the terms of the instrument of conveyance include provisions suitable to the municipality which shall guarantee:
(1) 
The continued use of such land for the preservation of open space in perpetuity; and
(2) 
Such other conveyance and/or easement that the municipality shall deem desirable to fulfill the purposes and intent of this Ordinance.
(3) 
Such other conveyance and/or easement shall specify the permissible uses of the open space.
D. 
Specific Use Regulations for Common Open Space.
1. 
No motor vehicle usage in the Undeveloped Open Space area shall be permitted except for maintenance or agricultural purposes.
2. 
No cutting of any trees or destruction or removal of vegetation, rocks, or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan shall be in accordance with all other applicable sections of this Ordinance.
3. 
No alteration of any stream, pond, or lake shall be permitted unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan shall be in accordance with other applicable sections of this Ordinance and all applicable regulations of the Pennsylvania Department of Environmental Protection.
4. 
No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan should be in accordance with all other applicable sections of this Ordinance.