[Ord. 294, 11/26/2007, § 27-701]
1.
Area or Yard Requirements. The lot or yard requirements for any new
building 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
chapter. No required lot or area shall include any property, the ownership
of which has been transferred subsequent to the effective date of
this chapter, if such property was a part of the area required for
compliance with the dimensional requirements applicable to the lot
from which such transfer was made.
2.
Minimum Lot Size.
A.
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 in Parts 4 and 5.
B.
Exceptions to Minimum Lot Sizes.
(1)
The provisions of Parts 4 and 5 shall not prevent the construction
of a single-family detached dwelling on any lot that was lawful when
created and which, prior to the effective date of this chapter, was
in separate ownership duly recorded by plan or deed; and, provided
that:
(2)
Such lot is not less than 70% of the minimum lot area or the
area required by gross density required under Parts 4 and 5. Those
lots not served by public water and sewers shall meet all requirements
of the Bucks County Department of Health. The percentage of lot area
covered by the single-family dwelling shall not exceed 30% of the
area of the lot. The front and rear yards shall aggregate at least
60% of the total depth 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.
(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 chapter, in any case where a reparceling or replatting could
create one or more lots which would conform to this chapter.
3.
Minimum Lot Width.
A.
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
in Parts 4 and 5 except as specified in Subsection 3B.
B.
Exceptions to Minimum Lot Width. The provisions of Parts 4 and 5
shall not prevent the construction of a single-family detached dwelling
on any lot that was lawful when created and which, prior to the effective
date of this chapter, was in separate ownership duly recorded by plan
or deed provided that:
(1)
The width of the lot is at least 50 feet wide at the minimum
building setback line.
(2)
This exception shall not apply to any two or more contiguous
lots in single ownership as of or subsequent to the effective date
of this chapter, in any case where a reparceling or replatting could
create one or more lots which would conform to this chapter.
4.
Traffic Visibility. 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:
5.
Front Yard Requirements.
A.
Where a minimum depth of front yard is specified in Parts 4 and 5,
an open space of at least the specified depth shall be provided between
the street line or lines and the nearest point of any building or
structure, except as may be permitted hereinafter.
B.
Exceptions for Existing Alignment. If the alignment of two existing
buildings on each side of a lot, within a distance of 50 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 average of such existing alignment within that distance
shall be the required front yard.
C.
Projections into Front Yards. Ground story bays and porches not over
half the length of the front wall may project five feet into any front
yard. Chimneys, flues, columns, sills, ornamental features, cornices,
and gutters may project not more than two feet over a required front
yard.
D.
Fences and Terraces in Front Yards. The provisions of Parts 4 and
5 shall not apply to front fences, hedges, or walls less than five
feet high above the natural grade in the required front yard, nor
to terraces, steps, uncovered porches, unenclosed porches, nor to
other similar features less than three feet above the level of the
floor of the ground story.
E.
Accessory Buildings in Front Yards. Accessory buildings shall not
be permitted in required front yards.
6.
Corner Lots. On a corner lot, the street side yard shall equal the
required front yard for lots facing that street.
7.
Side Yard Requirements. No portion of a building or a structure, including a deck or an uncovered porch, shall be built within the minimum depth from the rear lot line specified in Parts 4 and 5, except as permitted in § 27-701, Subsections 1 and 2.
A.
Projections into Side Yards. Bays, balconies, chimney flues, and
fire escapes may project into a required side yard not more than one-third
of the width of the projection, but not more than four feet in any
case. Ground story bays and porches not over half the length of the
side wall may project into any required side yard 3 1/2 feet.
B.
Fences and Terraces in Side Yards. The provisions of § 27-701, Subsection 7A, shall not apply to fences or hedges less than six feet above the natural grade. The provisions of Subsection 7A shall not apply to terraces, steps or other similar features less than three feet above the floor of the ground story; however, such improvements shall be no closer to the property line than five feet in the R-2 and TC Districts and 10 feet in all other districts.
C.
Accessory Buildings in Side Yards. Completely detached accessory
buildings may occupy a required side yard but shall not be located
closer than five feet to the side property line, unless a greater
setback is required for a specific use in Parts 4 or 5.
8.
Rear Yard Requirements. Completely detached accessory buildings may occupy a required side yard but shall not be located closer than 10 feet to any side property line and must be located at least 12 feet to the rear of the primary building. No portion of a building or structure shall be built within the minimum depth from the rear lot line specified in Parts 4 and 5, except as permitted in § 27-701, Subsection 8A and B.
A.
Projections into Rear Yards. Such projections into side yards as permitted by § 27-701, Subsection 7A and B, may also be permitted into rear yards.
B.
Accessory Buildings in Rear Yards. Completely detached accessory
buildings may occupy a required rear yard but shall not be located
closer than 10 feet to the rear property line.
9.
Height. The height of buildings is regulated to prevent loss of life
or excessive property damage through the inability of the Borough's
fire equipment to reach the upper stories or roofs. Therefore, no
building shall exceed a height of 35 feet except church spires, belfries,
silos, water towers, smokestacks, solar panels, or antennas.
[Ord. 294, 11/26/2007, § 27-702]
1.
General Open Space. Residential performance subdivisions, cluster
developments, and mobile home parks shall meet the open space requirements
of this chapter. The plan shall contain or be supplemented by such
material as required to establish the method by which open space shall
be perpetuated, maintained and administered. The plan and other materials
shall be construed as a contract between the landowner(s) and the
Borough, and shall be noted on all deeds.
2.
Fee-in-Lieu. Upon approval of the Borough Council, a residential
developer may have the option of paying to the Borough a fee as established
by resolution of Borough Council in lieu of meeting the open space
requirements in Parts 4 and 5. This payment shall be used to provide
for recreational facilities elsewhere in the Borough which can be
utilized by the residents of the developments wherein such fees-in-lieu
have been made.
3.
Layout of Open Space. The open space shall be laid out in accordance
with the best principles of site design. It is intended that the open
space shall be as close to all residents as possible, with greenways
leading to major recreation spaces. Major recreation areas shall be
located to serve all residents of the development. The open space
is most needed in areas of highest density.
4.
Open Space Designation. All land held for open space shall be so
designated on the plans. The plans shall contain the following statement:
"Open space land may not be separately sold nor shall such land be
further developed or subdivided." The subdivision plans shall further
designate the use of open space, the type of maintenance to be provided,
and a planting plan or schedule. In designating use and maintenance,
the following classes may be used.
A.
Lawn. A grass area with or without trees which may be used by the
residents for a variety of purposes and which shall be mowed regularly
to ensure a neat and tidy appearance.
B.
Natural Areas. An area of natural vegetation undisturbed during construction,
or replanted; such areas may contain pathways. Meadows shall be maintained
as such and not left to become weed infested. Maintenance may be minimal
but shall prevent the proliferation of weeds and undesirable plants
such as poison ivy. Litter, dead trees, and brush shall be removed,
and streams shall be kept in free-flowing condition.
C.
Recreation Area. An area designated for a specific recreation use
including, but not limited to, tennis, swimming, shuffle board, playfield
and tot lot. Such areas shall be maintained so as to avoid creating
a hazard or nuisance, and shall perpetuate the proposed use.
5.
Open Space Performance Bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with provisions of the Subdivision Ordinance [Chapter 22].
6.
Ownership and Preservation of Open Space.
A.
Any of the following methods may be used to preserve, own or maintain
open space: condominium, homeowners association, dedication in fee
simple, dedication of easements, or transfer to a private conservation
organization. The developer and/or applicant shall first offer the
open space to the Borough. If the Borough decides not to accept any
portion or portions of the open space, then one of the alternative
methods of ownership and preservation shall be selected by the developer
and/or applicant. The following specific requirements are associated
with each of the various methods:
(1)
Fee-simple Dedication. The Borough may, but shall not be required
to, accept any portion or portions of the open space provided: (a)
such land shall be freely accessible to the public, (b) there shall
be no cost to the Borough involved, (c) the Borough agrees to and
has access to maintain such lands, and (d) the open space shall be
in an acceptable condition to the municipality at the time of transfer.
(2)
Transfer to a Private Conservation Organization. With permission
of the Borough, an owner may transfer either the fee simple title,
with appropriate deed restrictions, or easements, to a private non-profit
organization whose purpose is to conserve open space land and/or natural
resources provided that: (a) the organization is acceptable to the
Borough and is a bona fide conservation organization with perpetual
existence; (b) the conveyance contains appropriate provision for proper
reverter or retransfer in the event that the organization becomes
unwilling or unable to continue carrying out its functions; and (c)
a maintenance agreement acceptable to the municipality is entered
into by the developer and the organization.
(3)
Condominium. The open space may be controlled through the use
of condominium agreements. Such agreements shall be in conformance
with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. All open space land shall be held as "common element." Such
land shall not be eligible for sale to another party except for transfer
to another method of ownership permitted under this section, and then
only where there is no change in the open space ratio.
(4)
Homeowners Association. The open space may be held in common
ownership by a homeowners association. This method shall be subject
to all of the provisions for homeowners associations set forth in
Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10801 et seq.
(5)
Dedication of Easements.
(a)
The Borough or county may accept, but shall not be required
to accept, easements to any portion or portions of the open space.
(b)
In such cases, the land remains in the ownership of the individual,
condominium, or homeowners association while the easements are held
in public ownership. The county shall accept the easements only in
accordance with the provisions of Act 442, 32 P.S. § 5001
et seq., and county plans. The Borough may accept such easements as
it sees fit. In either case, there shall be no cost to county or Borough
for acquisition or maintenance. The Borough may require this method
where it seems this is the most appropriate way of preserving land
in open space. In performance subdivisions, cluster subdivisions,
and mobile home parks, this provision for the ownership and preservation
of open space cannot be used, except for open space land incorporated
in required buffer yards.
(6)
Deed Restrictions. (1) Buffer yards, as required by this chapter,
may be held in the ownership of the individual property owners of
residential developments. This form of ownership of open space will
be subject to the following requirements: (a) This form of ownership
will be limited to buffer yards; (b) It may be used only if approved
by the municipality; (c) Restrictions, meeting Borough specifications,
must be placed in the deed for each property that has buffer within
its boundaries. The restrictions shall provide for the continuance
of the buffer yard in accordance with the provisions of this chapter;
(d) It will be clearly stated in the individual deeds that the maintenance
responsibility lies with the individual property owner. (2) For nonresidential
uses, buffer yards and areas of natural resource features may be held
with the ownership of the entire parcel, provided the buffer yards
and natural features are deed restricted to ensure their protection
and continuance. (3) In the case of residential developments where
all of the units are rental, the open space land may be in the same
ownership as that of the development, provided that the land is deed
restricted to ensure its protection and continuance and that a maintenance
agreement suitable to the Borough is provided. (4) For any of these
options, the Borough may accept, but is not required to accept, an
easement to the open space land in the development.
B.
Unless otherwise agreed to by the Borough or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association or homeowners association. If the open space is not properly maintained, the Borough may assume responsibility of maintenance and charge the property owner, condominium association or homeowners association a fee which covers maintenance cost, administrative costs and penalties as stipulated in § 27-1403.
[Added by Ord. 312, 4/24/2017]
1.
In accordance with Section 605 of the Pennsylvania Municipalities
Planning Code (MPC),[1] the PVD Planned Village District and the TC-1 and TC-2
Town Center Districts are declared special areas as major thoroughfares
and areas of unique local interest and are hereby designated as areas
requiring design review by the Borough.
[1]
Editor's Note: See 53 P.S. § 10605.
2.
No structure or improvements on any land within the aforementioned
districts shall be constructed or completed until the plans for the
exterior architectural features, signs, lighting, and landscaping
have been reviewed and approved by the Borough. Any streetlights along
Main Street must be approved by the Borough. Review under this section
shall not be required for regular maintenance of a structure, painting,
or exterior color changes.
|
Table 27-703-1
| ||||||
|---|---|---|---|---|---|---|
|
Determination of Buffer Yard Class1
| ||||||
|
Existing Adjacent Uses
|
Low-Density (Uses A1-A5, B1, B2, B4, B7)
|
High-Density Resi-dential (Uses B3, B5, B6, B8,
B10, B12)
|
Institu-tional (Uses C1-C10, C13-C21)
|
Com-mercial (Uses D1, D2, D3, D4, D5-D17, D19,
D20, D21, D26-D28, F10)
|
Industrial (Uses D18, D22-D25, E1-E7)
| |
|
Proposed Uses
| ||||||
|
Low-Density Residential (Uses B1, B2, B4, B7, B91)
|
—
|
A
|
A
|
B
|
B
| |
|
High-Density Residential (Uses B3, B5, B6, B8, B9,
B10, B121)
|
A
|
—
|
A
|
B
|
B
| |
|
Institutional (Uses C1-C10, C13-C15, C17-C21)
|
A
|
A
|
—
|
A
|
B
| |
|
Commercial (Uses D1, D2, D3, D4, D5-D17, D19, D20,
D21, D26-D28, F10)
|
B
|
B
|
A
|
—
|
B
| |
|
Industrial (Uses D18, D22-D25, E1-E7)
|
B
|
B
|
B
|
B
|
—
| |
|
NOTES:
| |
|---|---|
|
1
|
A conversion may fall into either the "low-density
residential" or "high-density residential" land use category.
|
