[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:
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:
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.
