All uses and activities established after the effective date of this chapter shall comply with the following standards.
Each site is unique; it has physical features which are rarely duplicated precisely on another site. Portions of some sites may not be usable, and a minimum amount of buildable land should be retained for recreation. The purpose of this section is to determine the appropriate intensity of use to which a specific tract may be put.
A. 
The following site capacity calculations shall be submitted with applications for use B1A, Conservation Management Design; use B3, Single-Family Detached Cluster; use B4, Performance Subdivision; use B6, Mobile Home Park; use B7, Retirement Village and use B9, Age Qualified Residential Community:
[Amended 6-25-2007 by Ord. No. 2007-6; 9-26-2011 by Ord. No. 2011-10]
(1) 
Certain portions of tracts may not be usable for the activities proposed for the site; these shall therefore be subtracted from the site area to determine base site area:
Site area as determined by actual on-site survey.
-
____ Ac.
Subtract land within the existing and ultimate right-of-way of existing streets, utility rights-of way and easements.
-
____ Ac.
Subtract land which is not contiguous; i.e.,
-
____ Ac.
A separate parcel which does not abut or adjoin, nor share common boundaries with, the rest of the development; and/or
Land which is cut off from the main parcel (1) by an expressway, arterial, or major collector street as defined within § 140-29C of Chapter 140, Subdivision and Land Development; or (2) so that it is isolated and unavailable for building purposes.
Subtract land which in a previously approved subdivision, was reserved for resource reasons such as flooding, or for recreation.
-
____ Ac.
Subtract land used or zoned for another use, to include but not necessarily limited to, commercial or industrial uses in a residential development, or land in a different zoning district than that of the primary use.
-
____ Ac.
EQUALS BASE SITE AREA
=
____ Ac.
(2) 
Resource protection land. All land within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it:
[Amended 1-26-2015 by Ord. No. 2015-003; 5-22-2017 by Ord. No. 2017-003; 10-24-2022 by Ord. No. 2022-002]
Open Space Ratio
Land In Resource
Protection Land Resource
(Open Space Ratio)
Floodplains
1.00
____ Ac
____ Ac
Lakes or ponds
1.00
____ Ac
____ Ac
Wetlands
1.00
____ Ac
____ Ac
Steep slope (25% or more)
0.85
____ Ac
____ Ac
Woodland1
0.80
____ Ac
____ Ac
Pond shore
0.80
____ Ac
____ Ac
Lake shore
0.70
____ Ac
____ Ac
Steep slope (15% to 25%)
0.70
____ Ac
____ Ac
Steep slope (8% to 15%)
0.60
____ Ac
____ Ac
NOTES:
1Woodland protection standards are reduced to 40% within the CR-1, LI, HI, PC-1 and PC-2 Districts.
TOTAL LAND WITH RESOURCE RESTRICTIONS
____ Ac.
TOTAL RESOURCE PROTECTION LAND
=  ____ Ac.
(3) 
Usable municipal use or open space land. While some of the open space or municipal use land required by the zoning district may be resource protection land, the intent is to provide for municipal use areas which can be used to the benefit of the Township residents, or usable common open space which shall be as near to each unit as possible. Thus, there is a need for specific guidelines insuring that a minimum amount of land not restricted by Subsections A(1) or (2) above is retained for this purpose. Therefore:
Take
Base Site Area
____ Ac.
Subtract
Total land with resource restrictions
-
____ Ac.
Equals
Total unrestricted land
=
____ Ac.
Multiply
Total unrestricted land by
x
0.15     
Equals
Minimum Usable Municipal Use Area or Open Space Land
=
____ Ac.
(4) 
Determination of site capacity. Individual site capacity is found by calculating net buildable site area. Lots may be located only on net buildable site area. In conservation management design, single-family detached cluster, performance subdivisions, mobile home parks, and retirement villages; the number of allowable dwelling units is determined by multiplying the density by the net buildable site area. The calculations are as follows:
[Amended 9-26-2011 by Ord. No. 2011-10]
(a) 
Conservation management design, single-family detached cluster, performance subdivision, mobile home park, or retirement village:
[Amended 10-24-2022 by Ord. No. 2022-002]
Take resource protection land
_____Ac.
Add minimum municipal use area or open space land
+
_____Ac.
Equals total open space
=
_____Ac.
Take base site area
_____Ac.
Multiply by open space ratio (Table of Performance Standards)
x
_____Ac.
Equals minimum required open space
=
_____Ac.
Take base site area
_____Ac.
Subtract total open space or minimum required open space, whichever is greater
-
_____Ac.
Equals net buildable site area
=
_____Ac.
Multiply by maximum density (§ 160-26)
x
_____DU/Ac.
Equals allowable number of dwelling units (Fractions of 0.5 or more shall be rounded up to the nearest whole number. Fractions less than 0.5 shall be rounded down to the nearest whole number.)
=
_____DU
(b) 
Calculate the impervious surface ratio:
[Amended 6-28-2004 by Ord. No. 2004-5; 6-25-2007 by Ord. No. 2007-6]
(Impervious surface required by Township ordinance within proposed public street right-of-way or private street constructed pursuant to an approved Age Qualified Residential Community is not included)
Buildings
____ Ac.
Driveways
____ Ac.
Sidewalks
____ Ac.
Patios
____ Ac.
Parking lots
____ Ac.
Other
____ Ac.
Equals total impervious surface
=
____ Ac.
Divide by net buildable site area less all land area required for proposed public street right-of-way or private street constructed pursuant to an approved Age Qualified Residential Community Plan
/
____ Ac.
Equals impervious surface ratio
=
____ Ac.
Maximum allowable impervious surface ratio
(Table of Performance Standards[1])
____ Ac.
[1]
Editor’s Note: The Table of Performance Standards: Bulk and Area is included as an attachment to this chapter.
B. 
The following site capacity calculations shall be submitted with applications for agricultural, commercial, institutional, industrial, and all other residential uses not included in Subsection A (residential uses not requiring open space):
(1) 
Certain portions of tracts may not be usable for the activities proposed for the site. These areas shall therefore be subtracted from the site area to determine base site area:
Site area as determined by actual on-site survey.
____ Ac.
Subtract land within the existing and ultimate right-of-way of existing streets, utility rights-of-way and easements.
-
____ Ac.
Subtract land which is not contiguous; i.e.,
-
____ Ac.
A separate parcel which does not abut or adjoin, nor share common boundaries with, the rest of the development; and/or
Land which is cut off from the main parcel (1) by an expressway, arterial, or major collector street as defined within § 140-29C of Chapter 140, Subdivision and Land Development, or (2) so that it is isolated and unavailable for building purposes.
Subtract land which in a previously approved subdivision was reserved for resource reasons such as flooding, or for recreation.
-
____ Ac.
Subtract land used or zoned for another use, to include but not necessarily limited to commercial or industrial uses in a residential development, or land in a different zoning district than that of the primary use.
-
____ Ac.
EQUALS BASE SITE AREA
=
____ Ac.
(2) 
Calculate the impervious surface ratio:
[Amended 6-28-2004 by Ord. No. 2004-5; 5-28-2013 by Ord. No. 2013-2]
(Impervious surface required by Township ordinance within proposed public street right-of-way is not included)
Buildings
____ Ac.
Driveways
____ Ac.
Sidewalks
____ Ac.
Patios
____ Ac.
Parking lots
____ Ac.
Other
____ Ac.
Equals total impervious surface
=
____ Ac.
Divide by base site area less all land area required for proposed public streets
/
____ Ac.
Equals impervious surface ratio
=
____ Ac.
Maximum allowable impervious surface ratio
(Table of Performance Standards[2])
____ Ac.
[2]
Editor’s Note: The Table of Performance Standards: Bulk and Area is included as an attachment to this chapter.
(3) 
Calculate maximum number of dwelling units:
[Amended 9-26-2011 by Ord. No. 2011-10; 10-24-2022 by Ord. No. 2022-002]
Take base site area
____ Ac.
Multiply by maximum density (§ 160-26)
x
____ DU/Ac.
Equals allowable number of dwelling units (Fractions of 0.5 or more shall to rounded up to the nearest whole number. Fractions less than 0.5 shall be rounded down to the nearest whole number.)
=
 ____ DU
A. 
The standards in this table shall apply to each district. All standards must be met. These standards may be less strict than other performance standards in this article; the strictest standards shall always govern.
B. 
The minimum open space ratio column refers to a percentage of the net buildable site area (as calculated in § 160-25). The maximum density column shall be interpreted to mean the maximum number of dwelling units per net buildable site area, in acres. The minimum site area column refers to the number of acres which a developer must own to be able to qualify for this use. The minimum lot area column, on the other hand, refers to the minimum lot size for single-family, single-family conservation design, or nonresidential uses to be created.
[1]
Editor’s Note: The Table of Performance Standards: Bulk and Area is included as an attachment to this chapter.
[Amended 5-22-2017 by Ord. No. 2017-003]
The following standards apply in the district specified:
Minimum Yard and Lot Width Requirements
Yards (feet)
District
Front
Side
Rear
Minimum Lot Width
(feet)
LI & HI
50
301
501
200
PC-1 & PC-2
50
15
50
100
VC
50
30
50
1502
Other uses in all other districts
50
30
50
150
NOTES:
1The minimum yard abutting a residential district shall be 100 feet.
2Minimum lot width is 100 feet when lot is served by public sewer.
Any use permitted under § 160-23 may be undertaken and maintained only if it conforms to all district regulations as well as the environmental protection standards of this section. Site alterations, regrading, filling, or clearing of vegetation prior to the submission of plans for development approval and/or a permit shall be a violation of this chapter. The presence of any of these features on the subject tract shall be identified on the development plan or permit application plan.
A. 
Floodplain.
[Amended 1-26-2015 by Ord. No. 2015-003]
(1) 
Any areas of Hilltown Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(2) 
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the one-hundred-year flood shall be included in the Floodplain Area.
(3) 
Floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within Chapter 83, Floodplain Management, of the Hilltown Township Code of Ordinances.[1]
[1]
Editor's Note: Former Subsection B, Floodplain soils, which immediately followed this subsection, was repealed 1-26-2015 by Ord. No. 2015-003. This ordinance also renumbered Subsections C through K as Subsection B through J.
B. 
Steep slopes. In areas of steep slopes, i.e., those above 8%, the following standards shall apply:
(1) 
Eight to 15%: no more than 40% of such areas shall be developed and/or regraded or stripped of vegetation.
(2) 
Fifteen to 25%: no more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
(3) 
Twenty-five percent or more: no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.
C. 
Forest (woodlands). No more than 20% of any forest may be cleared or developed within the RR, CR-2, VC, MHP, Q and AQRC Zoning Districts. The remaining 80% shall be permanently protected and undeveloped except as permitted pursuant to an approved Zoning Permit for use A4, Forestry. Within the CR-1, LI, HI, PC-1 and PC-2, not more than 60% of any forest may be cleared or developed. The remaining 40% shall be permanently protected and undeveloped except as permitted pursuant to an approved permit for use A4, Forestry.
[Amended 5-23-2011 by Ord. No. 2011-6; 5-22-2017 by Ord. No. 2017-003]
D. 
Lakes, ponds, wetlands or watercourses. These areas shall be left as permanently protected. No development, filling, piping or diverting shall be permitted except for required roads as approved by the PaDEP.
E. 
Lake shorelines. The shorelines of lakes, within 150 feet of the shoreline, shall contain no more than 15% impervious surfaces. At least 70% shall be permanently protected and undeveloped.
F. 
Pond shorelines. The shorelines of ponds, within 75 feet of the shoreline, shall contain no more than 10% impervious surfaces. At least 80% shall be permanently protected and undeveloped.
G. 
Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its natural condition. Where farm field or disturbed earth is the existing condition, meadow shall be used as the starting base for such calculations instead of the actual condition. All runoff calculations shall be computed in accordance with the standards and methods found in Chapter 140, Subdivision and Land Development.
H. 
Soil erosion and sedimentation. All developments shall protect streams, lakes and ponds from sedimentation damage, and shall control erosion in accordance with the Clean Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq. and 25 Pa. Code Chapter 102.
I. 
The permanent removal of topsoil. The permanent removal of topsoil from a parcel of land shall be prohibited, except in Quarry Districts and as follows:
(1) 
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature, or ponds and lakes, may be considered excess, and may be removed by the owner.
(2) 
During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring the topsoil to a depth appropriate to the type of ground cover and plant material that will be planted in the area may be removed by the owner. The depth of topsoil must be approved by the Board of Supervisors.
J. 
The permanent removal of subsurface solids. The permanent removal of subsurface solids, whether soil, clay, or mineral in nature, for other than on-site construction or grading purposes shall be prohibited except in Quarry District and as otherwise qualified under the provisions of this chapter.
[Amended 10-24-2022 by Ord. No. 2022-002]
All proposed private sewage disposal systems shall conform with the Township's sewage facilities plan, as amended; Chapter 124, Article III, Sewage Management, as amended; and the applicable rules and regulations of the Bucks County Department of Health and the Pennsylvania Department of Environmental Protection.
All land uses shall conform to the provisions of this section, and approval of any plan shall be based upon verification that the appropriate conditions have been met. All public sewage treatment systems shall conform with the Sewage Facilities Plan of the Township of Hilltown, and the applicable standards and permitting requirements of the supplying sewer authority, Bucks County Health Department and the Pennsylvania Department of Environmental Protection.
All existing and future buildings or structures requiring water service shall comply with the applicable provisions of Chapter 157, Article I, Public and Private Water Systems, as amended.
When no existing public or municipal water supply connection is available or accessible, and a major subdivision or land development proposes to dedicate a centralized water system to the authority having jurisdiction, the landowner or developer shall be required to enter into a well protection agreement with the Township and to post financial security in accordance with the following minimum provisions:
A. 
As a condition of final approval, the landowner shall establish with the Township a well protection fund in an amount established by separate resolution of the Board of Supervisors.
B. 
The purpose of the well protection fund shall be to guarantee the quantity and quality of adjacent water supplies.
C. 
The well protection fund shall be established by written agreement with the Township and shall be in effect for five years from the date of completion of the development or construction of 90% of the total number of dwelling units, whichever is later. The agreement shall be in a form acceptable for recordation at the Bucks County Recorder of Deeds Office.
D. 
The well protection fund agreement as described above shall impose the following obligations upon the landowner:
(1) 
If any residential well located within 1,500 feet of the property subject to the subdivision or land development approval experiences loss of an adequate supply of water resulting from a decrease in the water level of his or her well, the well protection fund shall be utilized to restore the affected well to an adequate residential water supply.
(2) 
Any property owner claiming a loss of water supply shall have had an adequate supply of water for existing uses as of the drilling of the centralized water supply well. An adequate supply shall mean that the property owner was able to rely upon the existing well to supply uses being conducted on the property and that prior to the establishment of the private water supply well, the property owner had not experienced any period when his or her water supply was interrupted due to the level of water in the well not being sufficient to meet those needs.
(3) 
There shall be no obligation on the part of the property owner of the affected well to prove that the decrease in water level of the well was caused by the operations of the private water supply well.
E. 
In the event that the well protection fund falls below 50% of the original amount as established by the Township, the landowner, or successors or assigns, shall immediately deposit such sums necessary to bring the fund up to the original established amount.
F. 
Upon completion of the time period established pursuant to Subsection C, the well protection fund shall be returned to the landowner, his successors or assigns.
G. 
Prior to the establishment of the private water supply system, the developer and/or landowner shall send notice to all residents within the above-described well protection area requesting historical information from such potentially affected property owners as to uses being conducted on his or her property, periods of interruption or diminution of an adequate supply of water as above defined and existing water levels in the subject well or wells.
H. 
Any landowner who falls within the well protection area but refuses to permit the developer or landowner to pre-test, monitor or collect historical well information shall be excluded from the benefits of the well protection fund.
[Amended 2-26-2007 by Ord. No. 2007-5; 5-23-2011 by Ord. No. 2011-5]
A. 
General buffer requirements.
(1) 
Landscape buffers shall contain trees, evergreens, shrubs, ground covers, berms, fences, or a combination of these features placed along a street or property line for the purposes of separating one land use from another land use, or to shield or block lights, noise, or visual impacts, and to preserve the natural landscape of Hilltown Township, as defined by 3 Pa.C.S.A. § 1502, as amended.
[Amended 8-26-2019 by Ord. No. 2019-002]
(2) 
No structures, buildings, storage of materials, or parking shall be permitted in the buffer yard area. Access driveways may cross buffer areas only as necessary to provide access to the lot, unless alternative access can be provided outside the buffer yard area. Trails and sidewalks may be located within a required buffer yard when authorized by the Board of Supervisors, provided that any required berms, fence and/or landscape plantings are not diminished. Stormwater management basins and grading required for basin berms/slopes constructed as part of a stormwater management plan shall not be permitted in a required buffer yard unless specifically approved by the Board of Supervisors.
[Amended 10-24-2022 by Ord. No. 2022-002]
(3) 
Where vegetation exists that meet the objectives and planting standards of the buffer requirements, it shall be preserved and may be used to meet the buffer and planting requirements. Photo documentation of the existing vegetated condition must be submitted for review. Quantities, size, species, genus, and locations of existing materials must be shown on the plans and verified by the Township. Where the Township allows existing vegetation to be counted toward meeting the buffer requirements (including berm requirements) of this chapter, the vegetation shall not be removed except for dead plants, or exotic invasive species, and noxious weeds as defined by 3 Pa.C.S.A § 1501, as amended. Additional plantings shall be required if the existing vegetation is not adequate to meet the buffer standards for density, width, or size. The vegetation shall be protected by recorded plan note to ensure that it remains as a part of the subdivision or land development.
(4) 
The buffer yard may overlap the required front yard and, in case of conflict, the larger dimensional requirement shall apply. Buffer areas shall be provided in addition to the required minimum side and rear yards if needed to provide a minimum depth of 25 feet, as measured from the principal structure. Where buffers are required, they shall be provided along the entire length of the property line or street line (except for Type 4 and 5 buffers).
(5) 
The owner of the property shall be responsible for maintenance of the buffer. Landscaping shall be kept in an orderly manner, free from debris and refuse. All dead plant material shall be removed and replaced with plant material in accordance with the standards of this chapter during the next planting season after the plants are removed. The approved landscape plan shall be part of the record plan.
(6) 
Buffers shall be required as specified in this section where the uses to be buffered are directly abutting as well as where the uses are across a street from each other.
(7) 
Minimum width buffer yards do not count as open space. However, required open space may be used to meet the requirements for buffers where the open space has a minimum contiguous area of four acres and a minimum width of 200 feet.
(8) 
Easements shall be provided for all buffers and shall be shown on all plans. The easement shall require that the property owner is responsible for maintenance of the buffer area and all vegetation within the buffer easement. The Township shall have the right to access the buffer easement to verify compliance with maintenance responsibilities.
(9) 
If a buffer already exists on an adjacent property that meets the requirements of this chapter as determined by the Township, additional buffer plantings are not required on the site when a new use is established.
B. 
Summary of buffer locations and types.
[Amended 10-24-2022 by Ord. No. 2022-002]
Type of Buffer
Required Locations
1
2
3
4
5
Nonresidential/residential separation and corner lot buffers
X
Single-family/multifamily separation buffers
X
Reverse frontage buffers
X
Agricultural preservation buffers
X
Visual screen for storage and maintenance activities
X
Parking lot buffers
X
C. 
Types of buffers.
[Amended 10-24-2022 by Ord. No. 2022-002]
(1) 
Nonresidential/residential separation buffers. Type 1 buffer yards shall be provided wherever a nonresidential use abuts a residential use or a residentially zoned district.
(2) 
Corner lot buffers. Type 1 buffer yards shall be provided on corner lots, to screen the building (on the side nearest to the adjoining road) from the road parallel to the side of the building. Corner lot buffers are not required if the placement of the building on the lot results in no side of the building being parallel to either road.
(3) 
Single-family/multifamily separation buffers. Type 1 buffer yards shall be provided wherever a multifamily residential development, townhouse/attached development or a mobile home park abuts a single-family residential use or district.
(4) 
Reverse frontage buffers. Type 2 buffer yards shall be provided where a rear or side yard of any residential or nonresidential use abuts an arterial or collector road, or any existing perimeter street not part of a new development.
(5) 
Agriculture preservation buffer. Type 3 buffer yards shall be required where residential or nonresidential uses abut land in agricultural use, including A1 Agricultural Use, A2 Nursery, A3 Intensive Agriculture, A5 Riding Academy, A6 Kennel-Commercial, A7 Agricultural Retail, and A8 Farmstead.
(6) 
Visual screen for storage and maintenance activities. Type 4 buffer yards shall be required around the perimeter of all outdoor storage and maintenance activities, which shall include fence and plantings sufficient to provide a visual screen.
(7) 
Parking lot periphery for commercial, industrial and office uses. Type 5 buffer yards, consisting of a landscaped area 15 feet in width, shall be required around the perimeter of all parking lots used for commercial, office or industrial activities. Where a larger buffer is required by other sections of this chapter, the larger buffer shall be provided.
D. 
Buffer dimension and planting requirements.
(1) 
Type 1 buffer. Buffer design and plant materials (nonresidential/residential separation buffer, single-family/multifamily separation buffer, and corner lot buffer) shall be as follows:
(a) 
Buffer width: minimum of 35 feet.
(b) 
Planted area: minimum width of 25 feet, planted to meander within the buffer area.
(c) 
An undulating berm shall be provided where, in the opinion of the Township, the planting of vegetation alone will not provide a visual barrier to shield the proposed development from surrounding roads or properties. In determining if a berm is necessary, the Township shall consider the slope of the land, existing vegetation, proposed setback from roads and neighboring properties, and whether or not road improvements will be made to perimeter roads. Where road improvements are made, including curb, road widening, or sidewalk, and existing vegetation (if any) is removed, berms may be required at the discretion of the Township. The undulating berms shall vary between three and six feet in height above proposed surrounding grade, and shall meander within the buffer yard without adversely affecting drainage. Slope shall not be greater than three to one (horizontal to vertical).
(d) 
On corner lots, the buffer shall be required along the front yard between the street line and side of the dwelling. No buffer is required between the front of the dwelling and street line.
(e) 
Plant materials shall comply with the requirements of the following chart.
Type 1 Buffer Planting Requirements
Plant Types
Minimum Size
Plant Quantities Required
Evergreen trees
6 feet in height
1 evergreen per 20 feet of buffer length
Medium to large deciduous trees
3-inch caliper
1 medium to large deciduous tree per 20 feet of buffer length
Small deciduous trees
8 feet in height; 2 1/2 inch caliper
1 small deciduous tree per 50 feet of buffer length
Native shrubs
3 feet in height
5 native shrubs per 20 feet of buffer length; planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
Ground-covering plants
18-inch maximum height at maturity*
10 plants per every 1 shrub; planted in masses with shrub beds at a rate of 1 per square foot of shrub bed area with a minimum of 10 plants for each shrub
*
Native wildflowers and grasses may have a maximum height of 36 inches.
(2) 
Type 2 buffer. Buffer design and plant material (reverse frontage buffer) shall be as follows:
(a) 
Buffer width: 100 feet.
(b) 
Planted area: minimum width of 50 feet within the buffer area, planted to meander within the buffer area.
(c) 
Preserve existing trees and supplement with shade-tolerant evergreens, ornamental trees and shrubs selected from the plant list.
(d) 
Planted area shall comply with chart requirements and shall completely screen the views of abutting yards from the street from ground level to six feet above ground level at plant maturity.
(e) 
An undulating berm shall be provided where, in the opinion of the Township, the planting of vegetation alone will not provide a visual barrier to shield the proposed development from surrounding roads or properties. In determining if a berm is necessary, the Township shall consider the slope of the land, the existing vegetation, the proposed setback from roads and neighboring properties, and whether or not road improvements will be made to perimeter roads. Where road improvements are made, including curb, road widening, or sidewalk, and existing vegetation (if any) is removed, berms may be required at the discretion of the Township. The undulating berms shall be between three and six feet in height above proposed surrounding grade and shall meander within the buffer yard without adversely affecting drainage. Slope shall not be greater than three to one (horizontal to vertical).
Buffer Type 2 Planting Requirements
Plant Types
Minimum Size
Plant Quantities Required
Evergreen trees
6 feet in height
1 evergreen tree per 20 feet of buffer length
Medium to large deciduous trees
3-inch caliper
1 medium to large deciduous tree per 20 feet of buffer length
Small deciduous trees
8 feet in height;
2 1/2-inch caliper
1 small deciduous tree per 20 feet of buffer length
Native shrubs
3 feet in height
1 native shrub per 4 feet of buffer length; planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
(3) 
Type 3 buffer. Buffer design and plant material (agriculture buffer) shall be as follows:
(a) 
Buffer width: 25 feet.
(b) 
Planted area: minimum of 10 feet in width.
(c) 
The shrubs shall be planted in informal groupings to achieve an adequate separation between farmland and developed land.
(d) 
The remaining 15 feet abutting the agricultural land shall be planted in grasses or wildflowers to be mowed or ground-covering plants on a slope not to exceed a four-to-one horizontal-to-vertical ratio.
Type 3 Buffer Planting Requirements
Plant Types
Minimum Size
Plant Quantities Required
Native shrubs
3 feet in height
1 native shrub per 4 feet of buffer length; planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
Ground-covering plants
18-inch maximum height at maturity*
10 plants per every 1 shrub
*
Native wildflowers and grasses may have a maximum height of 36 inches.
(4) 
Type 4 buffer. Buffer design and plant materials (visual screen) shall be as follows:
(a) 
Buffer shall consist of a solid fence, with evergreen plantings (along the exterior face of the fence) to be planted around storage areas to provide security and a complete visual screen.
[Amended 10-24-2022 by Ord. No. 2022-002]
(b) 
A buffer yard wide enough to accommodate a fence and plantings abutting the fence is required, but in no case shall the buffer yard be less than 15 feet wide.
[Amended 10-24-2022 by Ord. No. 2022-002]
(c) 
A solid fence shall be installed around storage and maintenance facilities/activities on commercial and industrial uses. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed eight feet in height. Fence details shall be submitted with the landscape plan. Along the exterior face of the fence, there shall be a row of ornamental shrubs and/or evergreens to obscure the appearance of the fencing after a five-year growing period.
Type 4 Buffer Planting Requirements
Plant Types
Minimum Size
Plant Quantities Required
Evergreen trees
6 feet in height
1 evergreen tree per 20 feet of buffer length
Native shrubs
3 feet in height
1 native shrub per 5 feet of buffer length; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
(5) 
Type 5 buffer. Buffer design and plant materials (parking lot buffers) shall be as follows:
(a) 
Buffer width: 15 feet.
(b) 
Shrubs with a planted minimum height of four feet shall be planted, with shade trees interspersed, in a continuous band with a spacing not exceeding five feet on center for shrubs and 30 feet on center for trees.
(c) 
Buffers are to be installed adjacent to the exterior boundary of the parking lot and must be coordinated with parking lot landscaping required pursuant to § 140-37B of Chapter 140, Subdivision and Land Development.
Type 5 Buffer Planting Requirements
Plant Types
Size
Plant Quantities Required
Medium to large deciduous trees
3-inch caliper
1 medium to large deciduous tree per 35 feet of buffer area
Native shrubs
3 feet in height
1 native per 5 feet of buffer length; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
E. 
Planting requirements near overhead utility lines. Where street trees are to be planted along streets with overhead power lines, the following requirements shall be met:
(1) 
If trees are to be planted within 15 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 30 feet shall be planted.
(2) 
If trees are to be planted within 15 to 25 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 40 feet shall be planted. Refer to the Township Plant Materials List contained in Appendix K, which is included as an attachment to Chapter 140, Subdivision and Land Development, for specifications and acceptable trees.
F. 
Existing trees in right-of-way. Trees in the right-of-way of a Township street, where the right-of-way belongs to the Township, shall not be removed without Township approval except within the clear sight triangle, or the removal of dead, diseased, non-native invasive species, or trees determined by the Township to be in poor health.
G. 
Plant materials suitable for buffers are listed in Chapter 140, Subdivision and Land Development, Appendix K, which is included as an attachment to that chapter.
H. 
Buffer yards required between different uses within a site may be reduced or eliminated at the discretion of the Board of Supervisors, where required buffer yards are deemed to adversely affect the mix of uses or activities.
[Amended 10-24-2022 by Ord. No. 2022-002]
I. 
Prior to the issuance of any Zoning Permit, complete plans showing the arrangement of all buffer yards, and placement, species, and size of all plant materials, and the placement, size, materials, and type of all fences to be placed in such buffer yard shall be reviewed by the Zoning Officer, Township Engineer, and/or Planning Commission (where applicable) to ascertain that the plans are in conformance with the terms of this chapter.
[1]
Editor's Note: Former § 160-34, Plant materials table, as amended, was repealed 5-23-2011 by Ord. No. 2011-5.
[1]
Editor's Note: Former § 160-35, General buffer yard requirements, was repealed 5-23-2011 by Ord. No. 2011-5.
A. 
Purpose. The purpose of this section is to protect the citizens of the Township from noise disturbances. Although it is recognized that in present society certain amounts of noise are unavoidable, the citizens of the Township are entitled to be protected from unnecessary disturbance, annoyance, or injury from sound.
B. 
Inspection and testing. Upon presentation of appropriate credentials, the Zoning Officer or other duly appointed official may enter and inspect any private property or place for purposes of testing for violations of these sound performance standards or to locate the source of any noise disturbance. When permission is refused, the aforesaid official may obtain a search warrant from a court of competent jurisdiction upon a showing of probable cause that a violation of this section exists. All tests shall be conducted by a sound level meter which is accepted in the trade as being of average quality and sensitivity. The meter shall be at least the quality of an ANSI S1.4-1971 Type 2 sound level meter.
C. 
Impulsive sound. No sound shall be permitted for a duration more than five seconds or more than two incidents within a twenty-four-hour period which is over the level of 110 dBA at any real property boundary upon which the source of the sound is located.
D. 
Noise disturbance. No noise disturbance shall be created or allowed to continue by any person, persons, firm, partnership or corporation.
E. 
Noise-sensitive zones. The property upon which any hospital, school, nursery, rehabilitation center, sanitarium, nursing home, convalescent home, or home for the aged is located shall be designated as a “noise-sensitive zone.” The measure of the dBA level at the boundary line of any such noise-sensitive zone shall comply with the general sound standard as set forth in this section except all dBA ratings shall be lowered by a factor of 15 dBA for computation purposes.
F. 
General sound standard.
(1) 
All sound sources, including nonconforming uses, shall comply with the general sound standard for the district in which it is located unless covered specifically by another section herein.
[Amended 6-25-2007 by Ord. No. 2007-6]
dBA Rating Limit
Land Use Category
From 7:00 a.m. to 10:00 p.m.
From 10:00 p.m. to 7:00 a.m.
Country Residential
60
50
Rural Residential
60
50
Village Center
70
60
Planned Industrial
75
65
Planned Commercial
75
65
Mobile Home District
60
50
Age Qualified Residential Community
60
50
(2) 
All measurements shall be taken from the lot line of the lot that is the source of the sound disturbance.
G. 
Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this section:
(1) 
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real lot line or within a noise-sensitive zone.
(2) 
Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance across any lot line boundary or within a noise-sensitive zone.
(3) 
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 6:00 p.m. and 8:00 a.m. or at any time on weekends if such operation creates a noise disturbance across a real property boundary line or within a noise-sensitive zone. This section does not apply to domestic power tools or the vehicles which are designed for transportation use on public highways.
(4) 
Repairing, rebuilding, modifying, testing, or operating motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a lot line or within a noise-sensitive zone. This section shall not apply to operation on public highways of any vehicle in a normal manner.
(5) 
Operating or permitting the operation of any mechanically powered saw, drill sander, grinder, lawn or garden tool, snow blower or similar devices (used outdoors) between the hours of 9:00 p.m. and 8:00 a.m. in such a manner to create a noise disturbance across any nonindustrial lot line boundary or within a noise-sensitive zone.
H. 
Exception and variances.
(1) 
The provisions of this section shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, the impositions of sound in the performance of municipal service operations or activities, or alarms required by OSHA, state or federal law.
(2) 
The Hilltown Township Zoning Hearing Board is empowered to hold public hearings and to grant variances from the terms of this section (pursuant to the procedure established in Article IX). A variance shall be granted only if the applicant can establish:
(a) 
The source of the sound violation cannot be controlled so as to be brought into conformance with this section by any reasonable method;
(b) 
The property in question cannot be used without the source of noise violation, or that the source of noise violation is necessary to prevent a taking of the property without compensation; and
(c) 
All reasonable steps have been taken to reduce the noise violation to the lowest level possible.
(3) 
The Board shall have the power to grant a variance for a limited period of time not less than two years to assure that the applicant will avail himself of any technical advances in sound control which may be developed in the future.
(4) 
The Board shall have the power to grant a reasonable extension of time for compliance with this section, if, after public hearing, the applicant can establish that he will comply with this section but that he cannot do so within the time limit established by this section.
No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
A. 
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property, or which cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
B. 
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grains per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° Fahrenheit and 50% excess air in stack at full load.
No use shall produce heat perceptible beyond its lot line.
No use other than agricultural shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on, or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the most restrictive provisions of Table III (odor thresholds) in Chapter 5, “Air Pollution Abatement Manual,” copyright 1951 by Manufacturing Chemists Association, Inc., Washington, D.C.
[Amended 6-28-2004 by Ord. No. 2004-6[1]; 10-24-2022 by Ord. No. 2022-002]
A. 
Findings, purpose, and intent.
(1) 
Adequate and effective lighting of streets, buildings, parking lots, and other facilities is important for comfort, safety, and commerce. Wasteful, inefficient, or inappropriate lighting, however, is a significant environmental problem. Excessive lighting wastes energy; intrudes upon neighboring properties; is a nuisance to pedestrians, cyclists, and motorists on adjacent roadways; disturbs wildlife habitats; impairs human experience of the night sky; and negatively affects the quality of life of our communities.
(2) 
Through these regulations, the Township desires to manage outdoor lighting so that its safety, security, and economic benefits are maintained while minimizing dangerous glare, energy waste, light pollution, and trespass.
(3) 
The following requirements for outdoor lighting installations promote public safety and welfare during the nighttime while minimizing the adverse effects of glare and light trespass often associated with outdoor lighting. Outdoor lighting should be used only where needed; used only when needed; and only that type of lighting which is necessary and proper should be used. This section is intended to implement these principles of good lighting design by regulating the shielding, height, illumination levels, and other aspects of outdoor lighting so that Township residents may continue to enjoy the highest quality of life.
B. 
Applicability.
(1) 
Outdoor lighting installations that are designed, constructed, erected, or otherwise placed into operation after the effective date of this section.
(2) 
Alterations, rehabilitations, or renovations to existing outdoor lighting installations, which are commenced after the effective date of this section. and/or which involve the complete replacement of an existing lighting system with a new lighting system.
(3) 
Nonapplicability. The requirements of this section shall not apply to lighting installations operating before the effective date of this section, except for any lighting installation that creates a safety hazard as deemed by the Township. Routine maintenance of these preexisting outdoor lighting installations shall not have to comply with the requirements of this section. Routine maintenance includes the following:
(a) 
Replacement of lamps that are burned out or inoperative.
(b) 
Replacement/repair of damaged or inoperative luminaire components, such as ballasts, igniters, lenses, reflectors, retractors, sockets, or photocell controls.
(4) 
Exemptions. The requirements of this section shall not apply in the following circumstances:
(a) 
Where superseded by state or federal law.
(b) 
Temporary emergency lighting used by police, fire, emergency medical services, public works, or other public safety services.
(c) 
Hazard/warning lights required by local, state, or federal regulations.
(d) 
Lighting of public streets.
C. 
Adoptions by reference.
(1) 
Adoption. Hilltown Township hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, design, layout, installation, and use of outdoor lighting, specifications within the "IESNA Lighting Handbook," Ninth Edition, published by the Illuminating Engineering Society of North America (IESNA) and hereby incorporates such recommended practices as fully as if set forth at length herein, except such portions as are hereinafter deleted, modified, or amended.
(2) 
Amendments. The recommended practices of the Lighting Handbook hereby adopted are amended as follows:
(a) 
All the recommendations made in the Lighting Handbook shall be considered mandatory requirements. For the purposes of this section, the words "should," "may," "can," etc. shall be read as "shall" or "must;" the words "recommend" or "recommendation" shall be read as "require" or "requirement;" the phrase "it is recommended" shall be read as "it is required;" the phrase "it is not recommended" shall be read as "it is prohibited."
(b) 
Where the Lighting Handbook provides for alternatives, this section requires that the safest alternative, as determined by the Township, be used.
(3) 
General design requirements. The design calculations for outdoor lighting installations shall be in accordance with the Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods, and procedures, photometric classifications, and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.
(4) 
Illumination levels. Illumination shall have intensities and uniformity ratios in accordance with the current recommended practices of IESNA as contained in the Lighting Handbook.
D. 
General regulations for all retail and consumer services, institutional, office, and industrial uses.
(1) 
All outdoor lighting, whether or not required by this section shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse, i.e., blinding or disabling glare, and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(2) 
Floodlights and spotlights, when permitted, shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward or onto a public roadway.
(3) 
Except as otherwise permitted in this section, all lighting fixtures shall meet IESNA full cutoff criteria. No lighting shall be permitted that results in glare beyond an angle of 30° from the vertical plane, measured from the light source, or results in glare beyond the property boundaries upon which the luminaire is located.
(4) 
Except as otherwise permitted in this section, fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA full cutoff criteria shall not be mounted in excess of 16 feet above grade.
(5) 
Fixtures shall be of a type and design appropriate to the lighting application. Use of searchlights, flashing strobe lights, and laser lights is prohibited.
(6) 
Unless the Board of Supervisors specifically approves all-night lighting, e.g., for safety or security, all outdoor lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing lighting between 11:00 p.m. and 7:00 a.m.
(7) 
Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this section for the use. All-night safety or security lighting includes the following:
(a) 
Lighting essential for the deterrence of break-ins. This type of lighting is limited to exterior door locations.
(b) 
Lighting controlled by motion sensors/detectors. This type of lighting is to be used to deter vandalism and theft and shall be placed in locations where the sensors will not be tripped on a reoccurring basis and shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward, or onto a public roadway.
(c) 
Lighting used in conjunction with surveillance cameras. This type of lighting is limited to illuminating automatic teller machines, deposit boxes, building entrances, and parking lot/driveway entrances. Fixtures used for this type of lighting shall be designed, fitted, and aimed so as not to project their output beyond the objects intended to be illuminated.
(8) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare from lighting facilities. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(9) 
Except as otherwise permitted in this section, the intensity of illumination projected onto any nonresidential property from another property shall not exceed 0.2 vertical footcandles, measured at grade at the property, and the intensity of illumination projected onto a residential property from another property shall not exceed 0.1 vertical footcandles. measured at grade at the property line.
(10) 
Electrical feeds for lighting standards shall be run underground not overhead.
(11) 
Lighting standards within parking areas shall be placed a minimum of five feet outside paved areas; on concrete pedestals at least 30 inches above the pavement; or suitably protected by other means approved by the Township.
(12) 
Fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this section.
E. 
Requirements for outdoor area and roadway lighting installations.
(1) 
This subsection applies to all outdoor lighting installations employed for nighttime area illumination of parking lots, car sales lots, yards, private driveways and streets, walkways, bikeways, cartways, entryways, and similar areas or lots.
(2) 
Use of cutoff luminaires required. All luminaires employed in outdoor area and roadway lighting installations shall be the cutoff luminaire type.
(a) 
The candlepower distribution classification of the luminaire as a cutoff type shall be in accordance with the Lighting Handbook. The manufacturer of the luminaire shall provide certification of the cutoff classification based on photometric testing performed in accordance with the Lighting Handbook and the applicable testing procedures referenced therein. The requirement for the use of cutoff luminaire types shall include, but is not limited to, the following outdoor area and roadway lighting configurations:
[1] 
Pole-mounted luminaires.
[2] 
Luminaires mounted on the exterior of buildings and structures.
[3] 
Luminaires mounted on or within exterior canopies of building and structures.
[4] 
Pedestal- or bollard-mounted luminaires.
(b) 
Cutoff luminaires shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this requirement, the photometric nadir of the luminaire (zero-degree vertical angle of the candlepower distribution) shall be oriented plumb, and vertical angle of 90° above nadir (horizontal) shall be oriented level. Cutoff luminaires shall not be installed in a canted or tilted position which permits candlepower distribution above the horizontal.
(c) 
Luminaires which do not meet the strict definition for cutoff luminaires, yet employ advanced or alternative technology which causes the photometric performance to approach that of cutoff luminaires, may be approved by the Township, on a case-by-case basis. Such luminaires include, but are not limited to, period-style luminaires with refractive globes and internal cutoff reflectors.
(3) 
Maximum maintained illuminance levels. The maximum maintained illuminance levels permitted at the property line(s) during the nighttime, produced by the sum of all outdoor area lighting installations on a lot, shall be as measured at grade in horizontal footcandles or horizontal lux according to Table 5.4, Subsection E(4).
(a) 
Exceptions:
[1] 
Outdoor roadway lighting installations intended for the nighttime illumination of public roadways, streets, highways, alleys, cartways, and the like.
[2] 
Designated vehicular, cyclist, and pedestrian entries/exists between properties and public roadways, streets, highways, alleys, cartways, and the like, provided that the excepted area of illumination (maintained illuminance levels at grade higher than permitted in Table 5.4) is limited to the said property and the adjoining pavement and right-of-way of public roadways, streets, highways, alleys, cartways, and the like. The excepted area of illumination shall not extend beyond 50 feet from the center line of the designated entry/exit in any direction along the property line(s) of the said property.
(4) 
Table 5.4.
Maximum Maintained Illuminance Levels Permitted at Property Lines Produced by Outdoor Area Lighting Installations
For outdoor area lighting installations to which the requirements of Subsection E(3) apply:
Measured at Grade in Horizontal Footcandles
Measured at Grade in Horizontal Lux
Outdoor area lighting installation is located on said property and property line adjoins a public roadway or public right-of-way
0.5
5.4
Outdoor area lighting installation is located on said property and property line adjoins a nonresidential property
0.2
2.2
Outdoor area lighting installation is located on said property and property line adjoins a residential property
0.1
1.1
(5) 
Illumination under outdoor canopies. All outdoor lighting installations which illuminate the area under outdoor canopies shall comply with the requirements of this subsection. All canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source. Canopies themselves may not be illuminated, however, with the exception of the portion which is classified as a sign. Outdoor canopies include, but are not limited to, the following applications:
(a) 
Fuel island canopies associated with service stations and convenience stores.
(b) 
Exterior canopies above storefronts in shopping centers and malls.
(c) 
Exterior canopies above driveways and building entrances.
(d) 
Pavilions and gazebos (not including those accessory to a residential dwelling).
(6) 
Design submittal and approval requirements. The design for all outdoor area and roadway lighting installations shall be submitted for review and approval by the Township. Such a lighting plan shall conform with the requirements of Chapter 140, Subdivision and Land Development, of the Township Code of Ordinances, for lighting plans.
F. 
Requirements for outdoor sign lighting, outdoor lighting of facades of buildings and structures, and outdoor landscape lighting.
(1) 
Applicability of requirements. The requirements of this subsection apply to all outdoor lighting installations employed for nighttime illumination of signs, billboards, the facades of buildings and structures, fountains, trees, shrubs, vegetation, and the like.
(2) 
Use of glare shields required for non-cutoff luminaire types. Where non-cutoff luminaires such as floodlights are used to meet the lighting design objectives for outdoor sign, billboard, facade, and/or landscape lighting, the luminaires shall be equipped with glare shields, visors, barn doors, and other similar shielding accessories as required to ensure that the candlepower distribution from all lighting installations shall be cut off at all angles beyond those required to restrict direct illumination to within the perimeter of the sign or billboard being illuminated.
(3) 
Externally illuminated signs, billboards, and facades shall be lighted by fixtures mounted at the top of the sign and aimed downward.
(4) 
Fixtures used for architectural lighting, e.g., facade, fountain, feature, and landscape lighting, shall be designated, fitted, and aimed so as not to project their output beyond the objects intended to be illuminated.
(5) 
All outdoor lighting falling under the requirements of this subsection shall be extinguished between 11:00 p.m. and 7:00 a.m. This restriction does not apply to uses that are open between the hours of 11:00 p.m. and 7:00 a.m., in which case the lighting must be extinguished when the nonresidential use is closed.
G. 
Requirements for residential outdoor lighting.
(1) 
Applicability of requirements. The requirements of this subsection apply to all outdoor lighting installations located on residential lots developed with a single family dwelling, or farm.
(2) 
Use of glare shields required for non-cutoff luminaire types. All non-cutoff luminaires such as floodlights shall be equipped with glare shields, visors, barn doors, and other similar shielding accessories as required to meet the following criteria:
(a) 
For area lighting applications, the candlepower distribution from all lighting installations shall be cut off at and above the horizontal (level).
(b) 
For all other applications, the candlepower distribution from all lighting installations shall be cut off at all angles beyond those required to restrict direct illumination to within the area or surface being illuminated.
H. 
Temporary outdoor lighting.
(1) 
Applicability of requirements. The requirements of this subsection apply to all outdoor lighting installations which are employed on a temporary basis not exceeding 30 days in duration. Temporary lighting installations include, but are not limited to, seasonal or holiday displays, carnivals, community fairs, traveling circuses, sales/promotional displays, and the like.
(2) 
Use of glare shields required for non-cutoff luminaire types. All non-cutoff luminaires such as floodlights shall be equipped with glare shields, visors, barn doors, and other similar shielding accessories as required to meet the following criteria:
The candlepower distribution from all lighting installations shall be cut off at all angles beyond those required to restrict direct illumination to within the perimeter of the area, surface, object, or feature being illuminated.
I. 
Maximum permitted illumination.
(1) 
Total outdoor light output for all commercial, institutional, and industrial uses shall not exceed the lumens/acre set forth In Table 9-2. The values in this table are the upper limits. Property owner shall only install those fixtures necessary to meet the minimum outdoor lighting needs of the use.
(2) 
Table 9-2.
Total Allowed Illumination Based on Type of Fixture
Zoning District
VC, PC-1, PC-2, LI, HI, Q
CR-1, CR-2, MHP
RR
Fully shielded and not fully shielded
100,000 lm/ac
50,000 lm/ac
10,000 lm/ac
Not fully shielded
10,000 lm/ac
10,000 lm/ac
1,000 lm/ac
J. 
Lighting plan. Any plan to install and/or alter outdoor lighting must submit a lighting plan for the Township's review and approval prior to issuance of a Zoning Permit and construction of the outdoor lighting installation. The lighting plan must include all the information necessary for the Township to ensure that the outdoor lighting compiles with the requirements of this section.
[1]
Editor's Note: This ordinance also repealed former § 160-41, Glare.
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of vibration produced as a result of construction activity, and then only to within safe limits to avoid neighboring property damage.
A. 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel installed in accordance with N.F.P.A. regulations connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel. This provision shall not apply to use G6 in the LI and HI districts.
B. 
All outdoor storage facilities for fuel, raw materials, and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.
C. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported from the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.
D. 
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
E. 
All outdoor storage facilities for fuel, raw materials, products, waste, or similar material shall be shielded from view of the public streets and any residence or residential use or recreational use.
[Amended 8-31-2005 by Ord. No. 2005-2]
A. 
Purpose. Quarry, mineral activities and resource extraction activities as defined above in §§ 160-3 and 160-11 and as permitted in and in accordance with § 160-16C(1), Intent, are permitted in accordance with the regulations set forth below in those areas of the Township identified within the Official Zoning Map (as amended on August 31, 2005). Resource-extractive operations include non-coal surface mining, concrete plants, bituminous asphalt plants and other uses normally associated therewith.
B. 
Use regulations. Non-coal surface mining activities, defined as the extracting of minerals from the earth, from waste or stockpiles or from pits or from banks by removing the strata or material that overlies or is above or between them (which removal shall not constitute mining activity) or otherwise exposing and retrieving them from the surface, including, but not limited to, strip mining, auger mining, dredging, quarrying and leaching and all surface activity connected with surface mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft, and borehole drilling and construction and activities related thereto, excluding, however, the extraction, handling, processing or storing of materials from any building construction excavation on the site of the construction where the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals, shall be permitted in this Resource Extraction Areas Quarry Zone within the Township of Hilltown, but shall not be conducted except in strict compliance with a Zoning Permit issued upon compliance with the following requirements:
(1) 
Compliance with all applicable state and federal laws.
(2) 
Plan and supporting document requirements:
(a) 
Existing features and mining map.
[1] 
Scale not less than one inch equals 200 feet.
[2] 
Boundary of the entire tract by courses and distances, surveyed in accordance with current ALTA/ACSM Land Title Survey and Mapping Standards. Property and planimetric features survey to meet Class A requirements. Elevation survey to be the third-order accuracy and 90% of all spot elevations determined from the map must be within ± one-half the contours interval of correct elevations. Contour interval to be not less than five feet.
[3] 
Monumentation and benchmarks for proposed limits of mining.
[4] 
Vehicular access, existing and proposed.
[5] 
Zoning district boundaries and adjacent districts.
[6] 
Setback limits.
[7] 
All existing occupied and/or unoccupied structures located within 1,000 feet of the limits of mine operations.
[8] 
The location and names of all streams, roads, and railroads on or immediately adjacent to the area.
[9] 
Acreage to be mined.
[10] 
Location and details of groundwater monitoring wells.
[11] 
Location and details of sediment control facilities, including, but not limited to, ponds, berms and ditches.
[12] 
Location of existing and/or proposed on-site water supply and sewage collection systems.
[13] 
Location and details of existing and proposed security fencing.
[14] 
Pennsylvania Department of Environmental Protection permit numbers and/or reference number of mining, mine drainage, and national pollution discharge elimination systems.
[15] 
Owner's name, address and telephone number.
[16] 
Applicant's name, address and telephone number.
[17] 
Cross-section reference.
(b) 
Cross-section drawings.
[1] 
Cross-sections at a horizontal scale of not less than one inch equals 100 feet, and a vertical scale of not less than one inch equals 50 feet.
[2] 
A minimum of four cross-sections, one cross-section to be taken longitudinally in approximately the center of the area and the other three sections perpendicular to the longitudinal section spaced in approximately equal increments. All sections to extend 100 feet beyond mining limits.
[3] 
Cross-section plots to use same elevation reference datum as used for contour map.
[4] 
Cross-sections to show existing ground profile, approximate extent of overburden, groundwater level, final mining elevations, and final ground elevation profile after restoration.
(c) 
Reclamation plan.
[1] 
Scale not less than one inch equals 200 feet.
[2] 
Boundary as shown upon existing features map.
[3] 
Final proposed elevation contour lines at five feet intervals.
[4] 
Final ground cover and seed bed preparation.
[5] 
Planting schedules.
[6] 
All structures and man-made features to be removed within reclaimed area.
[7] 
Soil erosion and sedimentation control measures.
[8] 
A copy of the reclamation plan for the affected area approved by the Pennsylvania Department of Environmental Protection shall satisfy the requirement of this subsection.
(d) 
Groundwater data.
[1] 
Flow rate and direction.
[2] 
Static water level.
[3] 
Water quality data, if and when requested by the Township to investigate specific complaint.
(3) 
Operating performance standards, general:
(a) 
Quarry operator/owner shall supply to the Township copies of all submissions to the Pennsylvania Department of Environmental Protection ("DEP") and Bureau of Surface Mines ("BSM").
(b) 
Peak particle velocity as measured with seismographs meeting DEP standards shall not exceed 0.6 of one inch per second and sound level shall not exceed 130 decibels.
(c) 
Maximum height of any structure shall be 65 feet above the original grade exclusive of vents, storage piles, chimneys, cupolas, tanks and similar protrusions.
(d) 
Blasting records shall be kept on file by quarry operator, and copies shall be forwarded promptly to Township upon request.
(e) 
Monumenting. The operator shall install monuments along the proposed limits of mining in such a manner as to be clearly visible upon inspection. Said monuments shall be permanently installed and surveyed. Legal description and plot plan to be submitted to the Township.
(4) 
Operating performance standards, pre-blast activities.
(a) 
Prior to commencement of any blasting in connection with any activities associated with use in this Resource Extraction Areas Quarry Zone, the operator shall conduct a "pre-blast inspection" as defined by DEP regulations or rules (except for those regulations pertaining to the areas to be inspected) of all homes within a radius of 1,000 feet of the location of any blasting activities anticipated to occur within the next following year.
(b) 
Pre-blast inspections shall be conducted at the sole cost of operator within 30 days of receipt of the homeowner's written request for pre-blast inspection. Additionally, from time to time, upon the issuance of a building permit or occupancy permit by the Township to or for any property located within the applicable radius of a blast site, a pre-blast inspection shall be conducted. The Township shall provide operator, in a timely manner, with copies of all building permits and/or occupancy permits issued for any structure falling within the applicable radius of the blast site.
(c) 
As the blast site moves from one area to another, the operator shall give written notice, by certified mail to all residences within the applicable radius of the new blast site not previously notified and shall, upon written request, conduct a pre-blast inspection of such additional residences in accordance with the requirements of this subsection. The additional pre-blast inspections required under this subsection shall be conducted within 30 days of receipt of the homeowner's written request for a pre-blast inspection.
(d) 
Notwithstanding any provision contained in this agreement or any other agreement to the contrary, the operator shall be under no obligation to conduct pre-blast inspection for those homes where the homeowner has refused to grant the operator permission, in writing, to conduct the pre-blast inspection. No homeowner shall be required to grant the operator permission to conduct pre-blast inspections and, in the event that a homeowner refuses to grant the operator permission to conduct a pre-blast inspection, the operator shall notify the Township, in writing, of the homeowner's refusal.
(e) 
The pre-blast inspection shall determine the condition of the dwelling or structure and document any pre-blasting damage and any other physical factors that could reasonably be affected by the blasting. Assessments of structures, pipes, cables, transmission lines, sewage systems, wells and other water systems shall be limited to surface conditions and readily available data.
(f) 
The homeowner may arrange to have a pre-blast inspector of his choosing present during any pre-blast inspection performed pursuant to this subsection.
(g) 
A written report of the pre-blast survey shall be prepared and signed by the person who conducted the pre-blast inspection. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the pre-blast inspection report shall be promptly provided to the operator, to the homeowner, and to the Township together with the homeowner's pre-blast inspector's report, if any.
(5) 
Operating performance standards, blasting.
(a) 
All blasting shall be done in strict conformity with the requirements of DEP as they may from time to time be altered and shall only occur between 9:00 a.m. and 4:00 p.m. (but not between 11:30 a.m. and 12:30 p.m.), prevailing local time, Monday through Friday, except in the event of an emergency or an extraordinary circumstance such as an intervening electrical storm resulting in a delay to any blasts originally scheduled between the aforesaid hours. In the event of an emergency or an extraordinary circumstance, the Township and the Our Lady of the Sacred Heart School and Church (collectively "Church") shall be promptly notified prior to blasting at the H & K Materials Quarry.
(b) 
All homeowners residing within 1,500 feet of a blast site who have prior thereto requested such notice in writing shall be notified by telephone of the scheduled blast within two hours prior to such blast, but no later than 30 minutes prior to the blast.
(c) 
Despite the allowance by DEP blasting regulations of peak velocity of 2.0 inches per second, in no instance shall the operator permit a blasting peak particle velocity to exceed 0.6 inches per second.
(d) 
The requirement that the operator provide the Township and/or the Church with notice of its intent to blast and/or use explosives shall not in any way limit the operator's use of blasting and/or explosives in its operations at the property.
(6) 
Operating performance standards, noise.
(a) 
All activities at the quarry site shall be conducted in strict compliance with the standards for noise level established by DEP and shall not (except during blasting, drilling, overburden removal and/or berm construction and as otherwise provided in this chapter) exceed 60 decibels (A scale) at the property lines averaged over a five-minute period. If the noise level is expected to consistently exceed 60 decibels for any sustained period of time during drilling, blasting, overburden removal, berm construction, and/or as otherwise provided in this agreement, the operator shall provide the Township and the contiguous homeowners with advance written notice. Such notice shall set forth the nature of the impending disturbance and the approximate time frame of the disturbance.
(b) 
During overburden removal, berm construction, drilling and blasting, the noise level at the property lines shall be in conformance with the standards for noise level established by DEP.
(c) 
Operator shall post signs requesting that vehicles avoid backing up, where possible to safely do so. A sign shall also be posted stating that, once a vehicle pulls out of the quarry, it may not back up into the quarry.
(7) 
Operating performance standards, equipment.
(a) 
All loaders, yard trucks and yard vehicles used in any operations permitted by this chapter shall be equipped with strobe lights for night backup warnings which shall be used in lieu of backup beepers after sundown and until sunrise so long as such use of strobe lights in lieu of backup beepers is permitted by local, state and federal laws, statutes, and regulations. Specifically excluded from the requirements of this subsection are any over-the-road vehicles. The operator shall instruct their truck drivers and independent truckers, whether those truckers are hauling for the operator or other employers, that between sundown and sunrise, backing up is to be minimized to the maximum extent possible and employed only in exceptional circumstances.
(b) 
As part of its reasonable efforts to minimize dust created by its operations, and to the extent reasonably needed, practical, and economical, as determined by the operator, in its sole discretion, the operator shall employ the use of a water truck to reduce dust created from internal haul roads and the use of a water spray system on equipment.
(c) 
As part of its reasonable efforts to minimize dust and dirt on the roads immediately adjacent to its tracts, and to the extent reasonably needed, practical, and economical, as determined by the operator, in its sole discretion, the operator shall have a street-sweeping/vacuum truck sweep the streets and roads immediately adjacent to the tracts.
(d) 
Within 12 months from the adoption of this amending ordinance, with no appeals outstanding, the operator shall install on its crushers a new dust control system known as a "NESCO system" or other similar system that utilizes a high pressure fog spray to suppress dust.
(8) 
Operating performance standards, hours of operation.
(a) 
No quarrying operation or activity which involves the use of blasting, crushing, material handling, equipment, and vehicles other than those customarily employed in office-type functions shall be carried on before the hours of 6:30 a.m. or after the hour of 6:30 p.m., prevailing local time, Monday through Friday, and no later than 12:00 noon, prevailing local time on Saturday, except that the operator may load out trucks and operate its asphalt and concrete plants on Saturdays from 6:30 a.m. until 6:30 p.m., prevailing local time. There shall be no quarrying operations of any type on Sundays. The preceding hours of operation shall also apply to the loading of trucks and charging of concrete and asphalt plants except that the operator may perform maintenance activities and may receive deliveries of cement and liquid asphalt after 6:30 p.m. and before 6:30 a.m. No other limitations on the operator's operations and activities on any of its lands in this zone or otherwise shall exist or be imposed.
(b) 
The operator may request temporary expanded hours of operation because of unusual bid/contract requirements, such request to be made to the Board of Supervisors of Hilltown Township, which Supervisors shall not unreasonably withhold such permission. Such permission shall be unreasonably withheld if the refusal of permission is without a sound basis, based upon legally competent evidence, that such operation will result in significant harm to the health, safety and welfare of the citizens of the Township. The Supervisors shall promptly upon the receipt of any request for temporary expanded hours of operation (but in no event later than 14 days after such receipt) consider and respond to such request, in writing. If the Supervisors should fail to act within the fourteen-day period, their approval of the request shall be deemed to have been approved and given.
(c) 
No primary crusher shall operate on any Sunday, on New Year's Day, on Memorial Day, on the Fourth of July, on Labor Day, on Thanksgiving Day, or on Christmas Day.
(9) 
Operating performance standards, groundwater.
(a) 
The operator shall at its own cost and expense engage registered hydro-geologists to conduct studies and create models of the potential impact of the operator's non-coal surface mining activities on the existing water supply in the area of the quarry. These studies shall establish the existing water supply wells boundary area (the "No Fault Areas") generally referred to by DEP as "Zones of Influence" as depicted on a plot plan submitted to the Township, within which the operator shall be responsible for restoring or replacing existing water supplies. The models shall be periodically adjusted to reflect information obtained during actual mining from, inter alia, various monitoring wells, with such periodic adjustment to occur as required by DEP.
(b) 
In the event that the operator's non-coal surface mining activities materially affects the quality and/or quantity of any existing public or private water supply well within the No Fault Areas established pursuant to § 160-44B(9)(a) by contamination, interruption, or otherwise, the operator shall restore or replace the affected water supply with an alternative source of water, adequate in quality and quantity for the purposes served by the supply. The term "water supply" shall mean any existing source of water or facility or system for supply of water for human consumption. As to any residential well located within the No Fault Areas shown on the plot plan submitted to the Township, the operator will, upon notice by an owner thereof who experiences loss of an adequate supply of water resulting from a decrease in the water level of his or her well after mining on the site begins, restore an adequate residential water supply at the operator's sole cost, including the cost of lowering the pump into a well, drilling a new well, extending the depth of an existing well, or such other method as shall be chosen by the operator, including any additional cost associated therewith, including, but not limited to, the cost of installing a new supply line and/or pump, subject, however, to the following conditions:
[1] 
Any property owner claiming a loss shall have had an adequate supply of water for existing uses as of August 31, 2005, or at the time the well was established, whichever occurs later. An "adequate water supply" shall mean that the property owner was able to rely upon the existing well to supply normal residential uses (excluding the filling of swimming pools) being conducted on the property and that, prior to August 31, 2005 (if the well was in existence on that date), the property owner had not experienced any period when his or her water supply was interrupted due to the level of water in the well not being sufficient to meet those needs. In the case of wells drilled after August 31, 2005, "adequate water supply" shall mean that the well meets or exceeds the following flow requirements as determined by a pumping test of a minimum duration of four hours.
Sustained Gallons per Minutes
(pumping rate)
Maximum Drawdown of Water Level
(feet)
8 (or greater)
60
6
80
5
90
4
125
3
140
2
175
[2] 
The four-hour pumping test shall be conducted at a constant pumping rate that shall not deviate greater than +/-5% during the test.
[3] 
Maximum drawdown of water level is the difference in elevation between the static water level (depth of water surface when the well is not being used) and the water level at the conclusion of the four-hour pumping test. Additionally, the water level at the end of the four-hour pumping test shall, at a minimum, be 10 feet higher in elevation than the proposed pump depth. There shall be no obligation on the part of the property owner to prove that the decrease in the water level of the well was caused by the operations of the quarry unless:
[a] 
The property owner had previously experienced a period(s) when his or her level of water in the well was not sufficient to meet those needs; and
[b] 
The operator reserves the right to test any well where there is a claim of loss of water supply to determine whether there is, in fact, a loss of water supply, and if there is a loss of water supply, how to restore the water supply.
[4] 
Written notice, by certified mail, of the provisions of § 160-44B(9) shall be provided by the operator to each property owner in the No Fault Areas of their rights under this chapter within 30 days after August 31, 2005, with no appeals outstanding.
(c) 
This provision shall apply only to loss of water resulting from the lowering of the water level in the well and not to loss of quality of water unless the property owner establishes that the loss of water quality has been caused by the operations of the quarry. There shall be no obligation on the part of the operator to supply a greater quantity of water than the well produced prior to the interruption of water supply, and the restored water supply shall be satisfactory if it meets the standard for an "adequate water supply" as set forth in this chapter, § 160-44B(9)(b)[1], above.
(d) 
The Township shall refer any complaint as to loss of water supply within the No Fault Areas to the operator. The operator shall provide a temporary solution to the loss of water supply within 24 hours of receipt of the complaint (including the supplying of bottled water within four hours of the complaint or, where notice occurred after 5:00 p.m., by 10:00 a.m. the following day), and within 15 days of receipt of the complaint, will advise the Township of the permanent action to be taken to restore the loss of water supply. The temporary solution to the loss of water supply for an existing residential well may include the provision for temporary housing of the impacted party at a motel or inn of the operator's choosing within a twenty-mile radius of the site and reimbursement for living expenses incurred for meals and laundry during the term when an adequate supply of water (either temporary or permanent) is unavailable at the affected residence. The operator, at its sole cost, reserves the right to connect a temporary supply of water to the affected residence during the period of water loss through the installation of an interim water supply system rather than providing temporary housing, should conditions permit. A typical interim system would employ the use of a 500 gallon poly tank for water storage. The tank, in turn, would provide gravity feed to a booster pump which would furnish the necessary pressure to charge the existing residential plumbing. Connection to the residence would typically be made through any existing outside faucet. Electric service for the booster pump shall be secured from the existing house's service. Water delivery shall be coordinated with a licensed bulk water supplier. The cost of electric to operate the booster pump shall be borne by the operator.
(e) 
Should the investigation of a water problem, the provision of a temporary water supply or the restoration of an adequate water supply require any drilling or excavation, the operator will restore the surface of the affected property by filling, landscaping and/or reseeding as soon as seasonally possible.
(f) 
The operator and the Township intend that all wells located within the No Fault Areas shall benefit from the performance of this section and shall be considered third party beneficiaries of this chapter and any collateral agreements entered by the operator and the Township. Wells located outside of the No Fault Areas, even though a portion of the property owned by the well owner extends into the No Fault Area, shall not be covered by this subsection.
(g) 
The operator shall have no obligation to restore, replace, or repair any water problems due to or resulting from the failure of any individual's own equipment, including, but not limited to, pumps, electrical and/or piping problems.
(10) 
Operating performance standards, quarry water.
(a) 
To the extent that the operator, as part of its non-coal surface mining operations, generates, as part of its de-watering and pumping operations and activities, water in excess of that needed for the operator's operations and business activities, the Township shall have the right to 60% of such water generated or produced at the tract in this zone.
(b) 
The Township shall be responsible for any and all costs and expenses necessary for the Township to obtain the water from a discharge point to be reasonably determined by the operator and to transport it from that point onward. The Township shall be solely responsible for acquiring any and all permits necessary to permit the transfer of water to the Township, whether federal, state, County, regional, local or elsewise, all at the Township's sole cost and expense.
(c) 
After non-coal surface mining activities have permanently ceased, including completion of reclamation and closing of the quarries, the Township shall have the right, to the extent that water is available on the tract in this zone, in the form of a pooling of the water in the former quarry hole, to draw a quantity of water approximately equal to that provided for in § 160-44B(10)(a) above, provided that such withdrawal shall not exceed 60% of that which would be discharged naturally from the impoundment so created.
(d) 
For any and all water obtained by the Township from the operator under this chapter, the operator shall be required to make no representations or warranties as to the quality and/or quantity of the water. Further, the Township shall indemnify and hold the operator harmless from any and all claims, demands, liabilities, suits, actions, damages, losses and out-of-pocket expenses, including, but not limited to, counsel fees, witness fees, expert fees and engineering fees related to or arising in any way from any water supplied and the supplying of the water, including, but not limited to, any Township activities associated therewith.
(e) 
Nothing contained in this chapter, including, but not limited to, § 160-44B(10), shall require the operator to generate or produce, or continue to generate or produce water for the Township.
(11) 
Operating performance standards, overburden.
(a) 
In order for quarrying activities to commence, non-stone materials which overlay and in some cases interlay the active stone deposits must first be removed. These non-stone materials are known as "overburden." The removal of overburden shall not constitute quarrying activities for purposes of this chapter.
(b) 
Upon movement of overburden, said overburden shall be immediately either removed entirely from the property, placed in berms as regulated herein, or placed for storage. All such storage areas shall be immediately seeded in such a manner as to prevent erosion and in total compliance with the requirements of DEP as they may from time to time exist.
(12) 
Operating performance standards, berms. The operator shall construct a berm upon the tract along the perimeter of the tract unless the perimeter joins upon another tract on which the use is quarry, whether in this zone or otherwise, in which event no berm or fence shall be required. If a berm or fence exists where one is not required, it may be removed by the operator, at its sole cost, option and discretion. The operator shall be permitted to "day light" between the tract in this zone and any existing quarry use properties.
(13) 
Operating performance standards, berming standards.
(a) 
Operator shall create a berm, where one is required under § 160-44B(12), Operating performance standards, berm, of at least 15 feet in height with a minimum bottom width of 90 feet and with a minimum top surface of 15 feet within the buffer zone.
(b) 
The outer slope of the berms shall be constructed with a 3:1 slope; the inner slope of the berms with a 2:1 slope.
(c) 
The operator shall place a chain link fence six feet in height along the boundary line of the quarry. A drawing of existing and to-be-placed fences shall be submitted to the Township. No barbwire or razor wire shall be placed at the top of the chain link fence.
(d) 
Any fence required under this chapter shall be installed and erected at the sole cost of the operator.
(e) 
There shall be planted on the outer slope of the berm two rows of evergreens spaced at fifteen-foot intervals and staggered. Should any of these evergreen plantings die, they shall be promptly replaced during the next growing season. Between the outer toe of the berm and the evergreens, grassy plantings shall be created, mowed and maintained as necessary.
(f) 
Berms, fencing, roadways, and the construction thereof shall not be considered to be quarrying activities and may be located within any setback/buffer zone established by this chapter.
(g) 
No quarrying activities shall occur on any tract in this zone until the berms are constructed.
(14) 
Operating performance standards, buffer zones and setbacks.
(a) 
Buffer zones and setbacks for non-coal surface mining shall be as shown on a drawing submitted to the Township.
(b) 
Within any buffer zone and/or setback, the operator shall be permitted to place utilities (including, but not limited to, electric, water, sewer, and any other use now or hereafter recognized as a utility use), wetland areas, detention basins, berms, stabilizing and screening vegetation, fencing and water discharge.
(c) 
With the exception of the removal of overburden, the construction of berms, the placement of entrances and exits and uses contemplated within § 160-44B(14), no non-coal surface mining, nor any uses directly associated with non-coal surface mining, including the sale of stone products or the manufacture of concrete or asphalt, shall occur within the setbacks or buffer areas established in this chapter.
(15) 
Operating performance standards, runoff. No waters shall be discharged from the tract in this zone which does not conform with all requirements of DEP and BSM as to quality, quantity or temperature. Where required, an NPDES permit shall be obtained and maintained in a current status by the operator.
(16) 
Operating performance standards, entry gate. The operator shall locate and install an entry (and exit) gate to its tract to accommodate the queue of trucks which may be waiting to enter the quarry by providing an off-road site for such queuing.
(17) 
Operating performance standards, revegetation.
(a) 
Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area, except that introduced species may be used in the revegetation process where desirable.
(b) 
Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved post-mining land use, when compared with the utility of naturally occurring vegetation during each season of the year. Revegetation shall provide a quick germination, fast-growing vegetative cover capable of stabilizing the soil surface from erosion and shall include, but need not be limited to, crown vetch.
(c) 
All revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved post-mining land use.
(d) 
Disturbed areas shall be seeded and planted during the first normal period for favorable planting after reclamation has commenced. When necessary to effectively control erosion, the disturbed area shall be seeded and planted as contemporaneously as practicable with a temporary cover of small grain, grasses or legumes or otherwise protected from erosion until a permanent cover is established.
(e) 
The use of introduced species shall be allowed, provided that the species meet the requirements of applicable state and federal seed or introduced species statutes and are not poisonous or noxious. A single tree or shrub species shall not comprise more than 50% of the total number of seedlings planted.
(18) 
Operating performance standards, DEP regulations and submissions.
(a) 
In addition to other terms and conditions of this chapter, all activities contemplated by this chapter shall be subject to those regulations established from time to time by the Environmental Protection Agency ("EPA"), DEP and BSM which are applicable to quarry tracts. Should the provisions of this chapter contain requirements more stringent than those required by either the EPA, DEP or BSM, the provisions of this chapter shall control. The Township recognizes that regulation of non-coal surface mining activities is currently preempted by the Commonwealth of Pennsylvania. To the extent that the activities of the operator are not regulated by EPA, DEP, BSM, the Township regulations shall control.
(b) 
The operator shall promptly supply the Township with copies of all applications and related documents supplied to, and licenses and permits received from, DEP and/or BSM relating to the quarry tract.
(19) 
Reclamation performance standards.
(a) 
Reclamation shall to the extent reasonably feasible be performed as the surface mining progresses.
(b) 
When the surface mining operation has concluded, the area shall be reclaimed by terrace or to a finished slope of 35°, as DEP may direct. Terracing shall occur through the utilization of an overall two-to-one reclamation slope, with the intervening slopes between terraces being no greater than 45° or the natural angle of slippage, whichever is greater, and with the height of the intervening slopes between terraces being no greater than 25 feet and with the surface width of each terrace being no less than 25 feet. Upon said terraces shall be placed a twelve-inch layer of available soil and planted, concurrent with the reclamation, coniferous or other vegetation so as to create a continuous planting upon each terrace.
(c) 
Where a water impoundment is part of the reclamation, the slope shall extend to 25 feet below the post-reclamation water level at a minimum slope of 3:1 to serve as a safety bench for safe exit from the impoundment. Benches developed below the lower level of the reclamation safety bench need not be restored; removal of any benches below the safety bench shall be accomplished only with approval of DEP.
(d) 
Reclamation of a working face shall begin within 180 days after such face has reached its maximum horizontal extent.
(e) 
Hauling roads. Haul roads, and access roads shall be designed, constructed and maintained to prevent to the maximum extent possible erosion and to prevent contributions of sediment to streams or runoff outside the affected area, air and water pollution and off-site damages. Upon completion of the associated quarrying activities, the area disturbed by the road shall be restored unless retention of the road and its maintenance constitutes a part of the post-quarrying land use. Roads shall be constructed on stable areas that avoid wet or unsuitable soils. Prior to the construction of a road, all topsoil shall be removed, stored on a stable site and protected against erosion until restoration of the road. Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion. Immediately after the road is no longer needed for the uses associated with surface mining activities or post-quarrying land uses, the road shall be physically closed to vehicular traffic, the road and adjacent slopes shall be degraded to blend with the natural contours and drainage patterns, all bridges and culverts shall be removed, cross drains, dikes, and water bars shall be constructed to minimize erosion, and all disturbed areas shall be revegetated in accordance with this chapter.
(f) 
Casing and sealing of wells and bore holes. Each borehole, well, or other exposed underground opening (except for holes solely drilled for use in blasting) or other opening exposed during surface mining activities shall be cased, sealed, or otherwise managed as approved by DEP at the conclusion of surface mining activity to:
[1] 
Prevent acid or other toxic drainage from entering groundwater or surface water.
[2] 
Prevent, to the maximum extent possible, disturbance to the prevailing hydrologic balance.
[3] 
Ensure the safety of people, property, livestock, fish and wildlife and machinery in the mining area.
(g) 
DEP may, by regulation, alter the reclamation standards set forth in this chapter.
(h) 
Nothing in this section shall prevent the utilization of wells in post-mining activities.
(20) 
Fees and charges.
(a) 
Except as specifically set forth in this chapter, the Township shall not impose any fees, charges or taxes upon the operator other than those taxes and fees now in place in the Township, nor shall the basis of those taxes and fees presently in place in the Township be changed as to the operator except as such change may also be imposed upon every other similarly situated business and/or property located within the Township and except as such change is not otherwise preempted by federal or state law. This subsection is intended to include both the real property, personal property and all business activities of the operator, but to exclude building permit fees, water and sewer service fees, Zoning Permit fees, occupancy fees, and similar fees. This subsection, however, in no way restricts the ability of the Township to impose upon the operator pursuant to its ordinances such fines, costs and related fees (not directly addressed by the provisions contained in this chapter) as may be imposed upon every other similarly situated business, individual, and/or property.
(b) 
Commencing upon the issuance of a Zoning Permit pursuant to the provisions of this chapter, the operator shall pay to the Township a quarrying fee of $0.10 per ton of stone mined and sold from the quarry tract by the operator and its agents, servants or employees, including, but not limited to, stone produced upon the quarry tract but included in asphalt and/or concrete shipped from plants located on contiguous tracts and used in conjunction with the quarry tract (the "Quarrying Fee"). The operator and the Township shall meet annually on March 15 or on such day as may be mutually agreed by the parties to reconcile the Quarrying Fee due the Township for the preceding year. Once the Quarrying Fee due the Township has been determined with all appropriate credits due the operator deducted, the operator shall within 45 days make payment to the Township of any monies due unless the Township has otherwise elected to have the surplus carried forward to future years. In the event that a deficit exists in the Quarrying Fee once all credits due the operator have been deducted, such deficit shall be carried forward to the next year and credited against any Quarrying Fee that may be due the Township.
(21) 
Inspection. The Township shall have the right to inspect the operator's operations at any time during normal business hours upon reasonable notice as circumstances may require.
(22) 
Permit applications and permits. The Township shall issue all Township permits and approvals necessary to permit all of the activities contemplated by this chapter immediately upon the filing of completed permit applications, which permits shall remain valid throughout the term of the operator's activities.
[Amended 1-26-2015 by Ord. No. 2015-003]
A. 
Uses permitted by right. The following uses and activities are permitted in floodplain provided that they are in compliance with the provisions of the underlying zoning district, conform to all requirements of Chapter 83, Floodplain Management, of the Hilltown Township Code of Ordinances, are not prohibited by any other ordinance and do not require structures, fill or storage of materials or equipment.
(1) 
Agricultural uses such as general farming, pasture grazing, outdoor plan nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(2) 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, bicycling and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas.
(3) 
Yard areas for residential and nonresidential uses.
(4) 
Temporary uses such as circuses, carnivals, and similar activities.
(5) 
Stream crossings for utilities, driveways and streets.
B. 
Uses permitted by special exception. The following uses and activities are permitted in floodplain by special exception provided that they are in compliance with the provisions of the underlying district, conform to all requirements of Chapter 83, Floodplain Management, and are not prohibited by any other ordinance:
(1) 
Utilities, public facilities and improvements such as transmission lines and pipe lines.
(2) 
Water-related uses and activities.
(3) 
Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage or materials and equipment listed in Chapter 83, Floodplain Management, § 83-27, shall be prohibited.
A. 
Spillover parking requirements.
(1) 
The following chart shall be used to determine the number of spillover parking spaces required:
[Amended 6-25-2007 by Ord. No. 2007-6]
Housing Type
Per Dwelling Unit
Single-family
1.5
Twin, townhouse
1.0
Multiplex, apartments
0.5
Single-family within Age Qualified Residential Community
0.5
Quadruplex
0.5
(2) 
Spillover parking space dimensions shall be:
(a) 
If provided off-street: 9.5 feet by 19.5 feet.
(b) 
If provided as parallel parking on-street: eight feet by 23 feet.
(3) 
Single-family detached and single-family semidetached dwelling units may meet the spillover parking requirement on their individual driveways.
B. 
General regulations applying to required off-street parking facilities.
(1) 
Existing parking. Structures and uses in existence at the date of adoption of this chapter 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) 
Change in requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards of § 160-23, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that section.
(3) 
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
(4) 
Continuing character of obligation. All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, 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 parking 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 as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
(5) 
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.
(6) 
Location of parking spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served or, where this requirement cannot be met, within 300 feet of the same lot.
(7) 
Maintenance of parking areas. For parking spaces 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 Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All parking lots for commercial purposes shall be paved in accordance with the standard within Chapter 140, Subdivision and Land Development. 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 chapter.
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 Board of Supervisors, after consulting with the Planning Commission and Township Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
A. 
The design of the parking lot must designate sufficient space to meet the parking requirements of this chapter. A plan shall be provided that illustrates the layout for the total number of required parking spaces.
B. 
The conditional reduction shall provide for the establishment of not less than 60% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the plan.
C. 
The balance of the parking area conditionally reserved shall not include areas for the required buffer yards, parking, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. The 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 a landscaping plan for the reserved area with the land development plan.
D. 
The developer shall enter into a written agreement with the Board of Supervisors that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer’s or owner’s expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land use and development.
E. 
Land which has been determined and designated by the Board of Supervisors 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.
Off-street loading requirements as specified herein shall be provided on any lot on which a building exceeding 6,000 square feet of gross floor area for business or industry is hereafter erected.
A. 
Every department store, freight terminal or railroad yard, hospital, retail establishment, storage warehouse, or wholesale establishment, sanitarium, industrial plant or manufacturing establishment exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 20,000 square feet or more arranged, intended or designed for such use, there shall be provided off-street truck loading or unloading berths is accordance with the following table:
Square Feet of Aggregate
Gross Floor Area Devoted to Each Use
Required Number of Berths
6,000 up to 19,999
1
20,000 up to 79,999
2
80,000 up to 127,999
3
128,000 up to 191,999
4
192,000 up to 255,999
5
256,000 up to 319,999
6
320,000 up to 391,999
7
For each additional 72,000 square feet
1 additional berth
B. 
Every auditorium, convention hall, exhibition hall, funeral home, multifamily dwelling of 20 units or more, office building, restaurant, hotel, sports arena or welfare institution exceeding 6,000 square feet shall have at least one off-street loading space. Where there is an aggregate gross floor area of 30,000 square feet or more, arranged, intended or designed for such use, there shall be provided off-street truck loading and unloading berths in accordance with the following table:
Square Feet of Aggregate
Gross Floor Area Devoted to Each Use
Required Number of Berths
30,000 up to 44,999
1
45,000 up to 119,999
2
120,000 up to 197,999
3
198,000 up to 290,999
4
291,000 up to 389,999
5
390,000 up to 488,999
6
489,000 up to 587,999
7
588,000 up to 689,999
8
For each additional 105,000 square feet
1 additional berth
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.
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 § 160-23, except as specified herein.
B. 
Exceptions to minimum lot sizes. The provisions of § 160-26 and Article IV shall not prevent the construction of a single-family dwelling use B1 on any lot that was lawfully created under a previous zoning ordinance of Hilltown Township that does not meet the lot area or lot width requirements of this chapter subject to the provision of § 160-61C herein. However, the lot shall meet all current yard requirements for the use within the applicable district.
[Amended 10-24-2022 by Ord. No. 2022-002]
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 § 160-27, except as specified in this § 160-51.
B. 
Flag lot: a parcel of land which does not have the required minimum lot width at the minimum front yard but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the mast) are parallel or nearly parallel.
C. 
This provision is intended for tracts of land with limited frontage that would limit the number of lots with the required lot width, but with sufficient area in the rear of the tract for an additional lot or two. Flag lots will not be approved in a subdivision where a street could reasonably be developed to serve the lots with each meeting the minimum lot width requirement.
(1) 
A flag lot may be used only for ten-acre single-family lots.
(2) 
Flag lots are not permitted in the CR-1, CR-2 or VC Zoning Districts.
(3) 
Such exception to the lot width requirement shall not be granted unless the lot to which the exception relates has a width of not less than 50 feet at the street line and shall not narrow to a lesser dimension.
(4) 
Such exception to the lot width requirement shall not be granted unless the same shall be necessary to prevent the inefficient use of the land.
(5) 
The front yard setback for a flag lot shall be a distance equal to the front yard requirements for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum lot width measurement.
D. 
All lots created after the adoption of this subsection shall have frontage on a public street (or a street proposed to be dedicated to the Township as part of a subdivision or land development), unless the Board of Supervisors approves creation of a lot on a private street built to Township specifications. All lots shall have a minimum frontage of 50 feet (as measured along the street line), unless use requirements specify a required lot width of less than 50 feet, in which case the minimum required lot frontage shall be equivalent to the minimum required lot width.
If the location of existing buildings on either 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 Supervisors may accept the average of such existing front yards within that distance as the required front yard, but in no case shall the front yard be less than 20 feet.
Ground-story bays, porches, and chimney flues may project into required yard area no more than four feet. Such projections shall not occupy more than 1/3 the length of the building wall. Cornices and gutters may not project more than two feet over a required yard. Fire escapes may be permitted in accordance within this section in side or rear yards only.
[Amended 5-28-2013 by Ord. No. 2013-2]
The yard requirements shall not apply to fences, or walls less than eight feet in height above the finished grade in the side and rear yards and four feet in front yards, nor to terraces, steps, uncovered and unenclosed porches, nor to similar features less than three feet above the finished grade, subject nevertheless to the provisions of Article IV, § 160-23I(2)(a).
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of Township fire equipment to reach upper stories or roofs. Therefore, no building shall exceed a height of 35 feet, except as provided in the following:
A. 
Church spires, belfries, silos, water towers, or smokestacks are exempt provided they are not used for human occupancy.
B. 
Portions of the building may exceed 35 feet in height where all dwelling units and work spaces can be reached and evacuated through adequate windows or balconies within the thirty-five-foot limit or existing equipment and where roofs can also be reached along 50% of the building perimeter. The Township Fire Marshal’s approval of such plans shall be required. In the absence of a Township Fire Marshal, approval of such plans shall be by the Township Supervisors.
[Amended 9-26-2011 by Ord. No. 2011-10]
Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space, except for allowed improvements consistent with the furthering of noncommercial recreation, agricultural, conservation, or aesthetic purposes. 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 Township, and shall be noted on all deeds.
[Amended 9-26-2011 by Ord. No. 2011-10]
Required open space land shall conform to the following standards:
A. 
Open space should include significant environmental features such as floodplains, floodplain soils, steep slopes, forest, lakes, ponds, wetlands, and watercourse. Fragmentation of resource areas should be minimized so that they are not divided into smaller isolated pieces. Long thin strips of open space (less than 100 feet wide) shall be avoided, unless necessary to connect other significant areas, designed to protect linear resources such as streams or trails, or buffer adjoining existing properties or streets.
(1) 
Open space land connection considerations. Wherever applicable (such as along designated greenway corridors), open space should be designed as part of larger continuous and integrated open space systems. Open space should be laid out in general accordance with the Potential Open Space Resources Map (in the Open Space Preservation Plan) to ensure that an interconnected network of open space will be provided.
(2) 
Undivided land for common use. The required open space land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, Township, another conservation organization recognized by the Township, or by a private individual. These ownership options may be combined so that different parts of the open space may be owned by different entities.
(3) 
Visibility considerations. The required open space land should be located and designed to add to the visual amenities of new neighborhoods and to the surrounding area, by maximizing the visibility of internal open space as terminal vistas at the ends of streets (or along "single-loaded" street segments, particularly along the outside edges of street curves), and by maximizing the visibility of external open space as perimeter "greenbelt" conservation land.
(4) 
Active recreation uses. No more than 50% of the minimum required open space land may be comprised of active recreation facilities such as playing fields, golf courses, tennis courts, etc., unless otherwise approved by the Board of Supervisors.
(5) 
Buffers for adjacent public parkland or wildlife sanctuaries. Where the proposed development adjoins public parkland or wildlife sanctuary, a natural greenway buffer may be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, vegetative screening must be planted, or the area managed to encourage natural forest succession through "no-mow" policies, installation of trees, and periodic removal of invasive alien plant and tree species.
(6) 
Agricultural lands. Open space may include preservation of privately owned agricultural land with a minimum lot area of 10 acres.
B. 
Pedestrian and maintenance access shall be provided to all common and public open space.
Open space land required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. The determination of necessity shall lie with the Board of Supervisors. A list of permitted uses is contained herein. The following uses are permitted in the required open space land:
A. 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
B. 
Agricultural and horticultural uses, including raising crops, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations, except that equestrian facilities and stables may be permitted.
C. 
Pastureland for horses. Equestrian facilities shall be permitted but may not consume more than 80% of the minimum required open space land, whether they be for commercial or noncommercial purposes. New stables shall not be permitted within 200 feet of any abutting residential property.
D. 
Forestry, in keeping with established standards for selective harvesting and sustained-yield forestry.
E. 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.
F. 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 1/2 of the minimum required open space land or five acres, whichever is less.
G. 
Underground utility rights-of-way, easements for drainage, access, sewer or water lines, or other public purposes.
H. 
Water supply and sewage disposal systems; stormwater management systems designed, landscaped, and available for use as an integral part of the open space land; and, aboveground utility and street rights-of-way provided that the area devoted to all such uses shall not count toward the minimum required open space.
Designated planting and recreation facilities within the open space and municipal use areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 140, Subdivision and Land Development.
[Amended 9-26-2011 by Ord. No. 2011-10]
Open space shall be preserved by one of the following means which shall be selected by the Board of Supervisors and shall be subject to the Board of Supervisors' sole discretion.
A. 
Dedication in fee simple to the Township. The Township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas provided:
(1) 
It is determined by the Board of Supervisors that the land is suitable and will serve the general public.
(2) 
The Township agrees to and has access to maintain the land.
(3) 
The title is conveyed to the Township without cost.
B. 
Conveyance to a conservancy, corporation, association, funded community trust, condominium or similar legal entity shall be allowed, provided:
(1) 
The land shall include a permanent conservation easement enforceable by the Township, which shall guarantee continued use of the land for the intended purposes in perpetuity and which shall require approval by the Board of Supervisors prior to ownership of the land being transferred to another entity.
(2) 
Proper maintenance and continued funding for maintenance must be guaranteed.
(3) 
The corporation or association shall be responsible for liability insurance, taxes, and recovery from loss sustained by casualty, condemnation or otherwise. Certificates of insurance and tax payment receipts shall be provided to the Township.
(4) 
The corporation or association shall not be dissolved nor shall it dispose of the open space, except to another organization established to own and maintain the open space and which meets the approval of the Township. The corporation or association must first offer to dedicate the open space to the Township at no cost before such sale or disposition of the open space takes place.
C. 
Conveyance of a permanent conservation easement that is enforceable by the Township, while the land remains owned by an entity other than the Township. Such easement may also be granted to a conservancy, corporation, funded community trust, or similar legal entity as may be approved by the Township as an additional method of oversight and enforcement.
D. 
Private holding. The Township may approve that open space is part of fee simple lots with a permanent conservation easement enforceable by the Township, provided:
(1) 
The terms of the agreement guarantee the continued use of the land for the preservation of open space.
(2) 
The cost and responsibility of maintaining private holding open space shall be the responsibility of the owner of the open space.
(3) 
Including open space within fee simple lots shall only be permitted at the discretion of the Board of Supervisors and shall not be part of any lot necessary to meet minimum requirements for lot width, area or yards as specified in this chapter.
E. 
Agricultural preservation lot. Land designated as open space for preservation of agricultural purpose may include farm buildings, a preexisting residence, and other structures related to continuing agricultural activities on that land. These areas are not available for public use. All open space intended for agricultural purposes shall be so designated on the plans. The plans shall contain the following statement or a similar statement pre-approved by the Township: "Required open space land may not be further developed and shall not allow any new buildings, except for the addition of accessory farm buildings or other nonresidential structures related to the agricultural activities on the land by special exception." A maximum area of three acres shall be defined on the lot within which the dwelling and other nonagricultural structures/uses are permitted. Nonagricultural structures or uses shall not be permitted on any part of the lot outside of this defined area.