It is the intent of the resources protection overlay to protect
the Township's environmental resources. The regulations of the underlying
zoning district shall remain in full effect, except that special provisions
herein described shall apply for those areas identified as having
natural or scenic values in the environment. The goal of the resource
protection overlay is preservation of woodlands, wetlands, steep slopes,
rivers, lakes, ponds, floodplains, streams, aquifers, wildlife habitat
and other environmentally sensitive areas.
A. Establishment of overlay district.
(1)
The boundary and limits of resource protection overlay areas
are subject to a resource protection area study on a site-specific
basis. The precise boundary of the overlay district and the enforcement
of the development limitations shall be subject to requirements of
this chapter and the Subdivision and Land Development Ordinance.
(2)
Additional requirements for the protection and preservation
of environmentally sensitive areas, other than those listed in this
chapter as resource protection areas, shall be regulated in the Subdivision
and Land Development Ordinance.
B. Procedure for establishing land use intensities.
(1)
To establish the permitted land use intensity for any tract of land, the applicant shall prepare maps and perform the calculations specified in §
370-504, herein.
(2)
Following determination of the gross buildable site area, the
applicant shall develop a site plan based upon the zoning requirements
of the applicable zoning district.
(3)
The number of dwelling units permitted on the tract shall be
determined by one of the following methods:
(a)
Where minimum lot areas are used to determine land use intensities (that is, where no maximum density requirements are specified), the maximum number of units shall be determined by the maximum number of lots that can be sited on the tract. In making this determination, restricted resource protection areas must be designated as common open space except where specifically permitted as part of lot areas in §
370-305.
(b)
Where maximum density requirements are used to determine land
use intensities (that is, where maximum density requirements are specified
and minimum lot areas may or may not be specified), the maximum number
of dwelling units shall be determined by the density applied to the
gross buildable site area (GBSA).
C. Procedures for delineating the environmental restriction and establishing the gross buildable site area. To establish the gross buildable site area and net gross buildable site area for any tract or lot proposed for development, the applicant shall prepare the following maps and perform the following calculations (which calculations are to be made in accordance with §
370-504).
(1)
Submit a map at the same scale as the gross site area map, locating
all reserved land (RL) and resource protection areas.
(2)
The reserved land area map shall include the following:
(a)
All existing roads and utility street lines and easements.
(b)
All street lines for existing streets as specified in the Subdivision
and Land Development Ordinance, and/or all future street lines and
other land reserved by virtue of the Official Township Map, when adopted.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(c)
All land shown on previously recorded subdivisions or land developments
for use as open space or for natural resource protection.
(3)
The resource protection areas map shall include the following:
(a)
Identification of areas.
[4]
Riparian areas and riparian buffer setback.
[5]
Steep slopes shall be mapped as follows:
[a] Areas containing slopes of 25% or more.
[b] Areas with a slope of between 25% and 15%.
[c] Areas with a slope of between 15% and 8%.
[7]
All prime agricultural soils within the RA Residential Agricultural
District only.
(b)
Mapping of area. The area of each individual component of the
resource protection area shall be computed and the acreage shall be
itemized and shown in chart form on the map. Areas of overlap shall
be indicated. Where alternative methods of identifying protection
areas are indicated, the map shall indicate the parameters used. For
example, both the FEMA floodplain and soil lines shall be indicated
for stream delineation.
(4)
The resource protection area shall be determined by applying
the environmental restriction standards to the total of each individual
component of protected resource areas.
(5)
The gross buildable site area (GBSA) shall be calculated by
subtracting the total of the reserved land (RL) and the portion of
the restricted area designated as totally unusable land (TUL) from
the gross site area (GSA).
(6)
The net gross buildable site area (NGBSA) shall be calculated
by subtracting the portion of the restricted protection area designated
as partially unusable land (PUL) from the gross buildable site area
(GBSA).
The following calculations shall be completed, according to the requirements herein, and shall be submitted to the Township for review on the required plan submission. Use B12, Conservation residential development contains several density bonuses, see Use B12, Article
III, Use Regulations.
GROSS SITE AREA (GSA): _____ (deeded)
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A. Reserve land areas (RL).
(1)
All existing road and utility street lines: _____ AC (in acres)
(2)
All street lines for existing streets as specified in the Township
Subdivision and Land Development Ordinance and/or all future street
lines and other land reserved by virtue of the official Township Map,
when adopted: __________ AC
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(3)
All land shown on previously recorded subdivision plans as reserved
from development: _____ AC
TOTAL SUBSECTION A: _____ AC
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B. Totally unusable land area (TUL).
(1)
Streams, Type I: _____ AC
(2)
Water body, Type I: _____ AC
(3)
Wetlands: _____ AC
TOTAL SUBSECTION B: _____ AC
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TOTAL SUBSECTIONS A AND B: _____ AC
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C. Calculate the gross buildable site area (GBSA).
(1)
Gross site area (GSA): _____ AC
(2)
Subtract total of Subsections
A and B(-): _____ AC
(3)
Total gross buildable site area (GBSA)(=): _____ AC
D. Total dwelling units permitted (where applicable).
(1)
Gross buildable site area (GBSA): _____ AC
(2)
Multiplied by the applicable density (x): _____ Density
(3)
Equals the maximum allowable dwelling units: _____ Dwellings
(a)
Note: If applicable sections of this chapter do not specify an allowed maximum density, the applicant may compute the maximum allowable dwelling units by designing the development in accord with applicable minimum lot area requirements. The initial design should be done after the calculation of common open space (§
370-504G).
E. Partly unusable land areas (PUL) (except for within the RA-Residential
Agricultural District, where the Township may waive these restrictions
in order to ensure the best design of a site for agricultural purposes;
however, the following regulations shall apply):
(1)
Areas with slopes of 25% or greater:
_____ AC x 0.85 = _____ AC
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(2)
Areas with slopes between 15% and 20%:
_____ AC x 0.70 = _____ AC
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(3)
Areas with slopes between 8% and 15%:
_____ AC x 0.60 = _____ AC
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(4)
Forested areas.
(a)
If the forested area is not associated with another environmentally
sensitive resource:
_____ AC x 0.50 = _____ AC
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(b)
If the forested area is associated with another environmentally
sensitive resource:
_____ AC x 0.80 = _____ AC
|
TOTAL SUBSECTION E: _____ AC
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F. Calculate the net gross buildable site area (NGBSA).
(1)
Gross buildable site area (Subsection
C): _____ AC
(2)
Subtract the total of Subsection E(-): _____ AC
(3)
Equals the net gross buildable site area (NGBSA) (=): _____
AC
G. Open space requirements (where applicable).
(1)
Common open space (COS) applies to all proposed land development
and uses, residential, nonresidential, and mixed-use.
(a)
Common open space (COS):
The net gross buildable site area (NGBSA) (Subsection F): _____AC
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Multiplied by 0.20 (x): _____ AC
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Equals the common open space requirement (=): _____ AC
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[1]
Note: The common open space (COS) requirements as calculated
above may be credited, either in part or in whole, with the areas
calculated and mapped of totally unusable land and partly unusable
land, provided that the resulting common open space meets the requirements
for use and development of such land and complies with restrictions
for totally unusable land and partly unusable land as specified herein.
(2)
Active open space (AOS) applies to all residential subdivision
and residential land development and to all mixed residential/nonresidential
communities and developments.
(a)
Active open space (AOS):
Total proposed dwellings (total) dwellings
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Divided by 100 and ( ) _____
|
Multiplied by 3.0 AC (x 3.0) _____AC
|
Equals the amount of active open space required (= AOS) _____
AC
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The following open space performance standards shall apply to
all uses, as they are applicable:
A. General provisions.
(1)
It is mandatory that the recorded plan and the deeds indicate
that there shall be no additional development. The open space shall
be restricted against any future building, development or use except
as consistent with that of providing for open space for recreation,
conservation, agriculture, and general satisfaction of the residents
of the development or of the general public. Buildings or uses for
noncommercial recreation, cultural or agricultural purposes compatible
with the open space objectives may be permitted only with the express
approval of the Board of Supervisors following approval of the building,
site, and operational plans by the Board of Supervisors.
(2)
All documents pertaining to the conveyance and maintenance of
the open space shall meet the approval of the Board of Supervisors
as to legal form and effect with recommendations from the Planning
Commission as to suitability for the proposed use of the open space
and be approved by the Board of Supervisors as part of the final plan
approval.
(3)
Any land set aside as open space must be made subject to a deed
restriction or agreement in a form acceptable to the Board of Supervisors
and duly recorded in the office of the Recorder of Deeds in and for
Bucks County.
B. Methods of conveyance and maintenance. All open space shown on the
final development plan as filed with the Township and subsequently
recorded in the office of the Recorder of Deeds of Bucks County must
be conveyed in accordance with one or more of the following methods,
either individually or jointly:
(1)
Dedication in fee simple to the Township. The Township may,
at the discretion of the Board of Supervisors, accept any portion
or portions of the open space, provided that:
(a)
If it is determined that such land is suitable regarding size,
shape, location and access, the Board of Supervisors may determine
that such lands will benefit the general public of the Township.
(b)
The Township agrees to and has access to maintain such land.
(c)
The titles are conveyed to the Township without cost.
(d)
The Board of Supervisors shall adopt a resolution accepting
a deed of dedication from the landowner together with an account of
monies as determined by the Board of Supervisors which shall be deposited
in a special Township account that shall be used only for the purposes
of maintaining the land.
(2)
Conveyance of title (including beneficial ownership) to a conservancy,
corporation, association, funded community trust, condominium, individual
landowner, or other legal entity:
(a)
The terms of such instrument of conveyance must include provisions
suitable to the Township requiring such organization to guarantee:
[1]
The continued use of such land for the intended purpose in perpetuity.
[2]
Continuity of proper maintenance for those portions of the open
space requiring maintenance.
[3]
Available funds required for such maintenance.
[4]
Adequate insurance protection.
[5]
Provision for payment of applicable taxes.
[6]
For the attempt to recover for loss sustained by casualty, condemnation
or otherwise.
[7]
The right of the Township to enter upon and maintain such property
at the expense of the organization in the event the organization fails
to maintain the property in accordance with lack or failure of maintenance,
included herein.
[8]
Create such other covenants and/or easements necessary to fulfill
the purposes and intent of this article.
(b)
The following are prerequisites for a corporation or association:
[1]
It must be approved by the Township, prior to final plan approval,
and the plans recorded before any homes or dwelling units are sold,
leased, or otherwise conveyed.
[2]
Membership must be mandatory for each buyer and/or lessee. The
organizational papers shall specify the voting rights as per adult,
per unit or per bedroom. The organizational papers shall set forth
the manner and time of transference of the organization and its assets
from developer to homeowner.
[3]
It must be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation or otherwise, and the
maintenance of recreational and other facilities.
[4]
Members or beneficiaries must pay their pro rata share of the
costs, and the assessments levied can become a lien on the property,
including any maintenance and associated administrative costs incurred
by the Township.
[5]
It must be able to adjust the assessment to meet conditions
by a stated margin of votes.
[6]
Such corporation or association shall not be dissolved, nor
shall it dispose of the open space by sale or otherwise, except to
an organization conceived and established to own and maintain the
open space. The corporation or association must first offer to dedicate
the open space to the Township before any such sale or disposition
of the open space.
(c)
The conveyance of open space, streets, or other lands to common
ownership of the corporation, association, individual or other legal
entity or the Township shall be absolute and not subject to reversion
for possible future use for further development.
(3)
All open space areas established after the effective date of
this chapter that will be protected by restrictive covenants, conservation
easements or other legal device granted to the Township, conservancy,
corporation, funded community trust or other legal entity, shall be
located on a separate lot, that is approved as part of the land development
and/or subdivision process, provided that:
(a)
The terms of such instrument of conveyance must include provisions
to the Township for guaranteeing:
[1]
The continued use of such land for the preservation of open
space.
[2]
Such other conveyance and/or easement that the Township shall
deem desirable to fulfill the purposes and intent of this article.
(b)
The following are prerequisites for the conveyance of easements,
etc.:
[1]
Such conveyance of the total easements, etc., must transpire
prior to any lots or dwelling units being sold, leased, or otherwise
conveyed.
[2]
Each owner of the open space shall be responsible for liability
insurance, insurance, taxes, recovery of loss sustained by casualty,
condemnation or otherwise, and the general maintenance thereon.
C. Specific use regulations for common open space.
(1)
No motor vehicle usage in the open space area shall be permitted
except for maintenance or agricultural purposes.
(2)
No removal of any trees or destruction or removal of vegetation,
rocks or soil shall be permitted unless in accordance with a landscape
improvement plan or agricultural use approved by a majority vote of
the association of property owners, if applicable, pursuant to review
and approval by the Board of Supervisors. Such plan shall be in accordance
with all other applicable sections of this chapter.
(3)
No alteration of any stream, pond or lake shall be permitted
unless in accordance with a plan approved by a majority vote of the
association of property owners, if applicable, pursuant to review
and approval by the Board of Supervisors. Such plan shall be in accordance
with other applicable sections of this chapter and all applicable
regulations of the Pennsylvania Department of Environmental Protection.
(4)
No structures shall be erected unless in accordance with a plan
approved by a majority vote of the association of property owners,
if applicable, pursuant to review and approval by the Planning Commission.
Such plan should be in accordance with all other applicable sections
of this chapter.
(5)
Conservation sewerage easement. No sewage disposal system shall
be located within designated common open space or natural resource
protection land resulting from a subdivision or site plan unless a
conservation sewerage easement has been designated. Such easement
shall provide for future expansion of the disposal area and provide
the right of access by the managing organization and municipality.
(6)
Stormwater management easement. No stormwater management system
shall be located within designated common open space or natural resource
protection land resulting from a subdivision or site plan unless a
stormwater management easement has been designated. Such easement
shall provide for future expansion of the stormwater management area
and provide right of access by the managing organization and municipality.
D. Lack or failure of maintenance.
(1)
In the event that the organization that agreed to own and maintain
common open space, or any successor organization, fails to maintain
the common open space in reasonable order and condition in accordance
with the development plan, the Township may serve written notice upon
such organization or upon the residents of the development, setting
forth the manner in which the organization has failed to maintain
the common open space in reasonable condition; and said notice shall
include a demand that such deficiencies of maintenance be corrected
within 30 days thereof. The Township may modify the terms of the original
notice as corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
said 30 days or any extension thereof, the Township, in order to preserve
the taxable value of the properties within the development and to
prevent the common open space from becoming a public nuisance, may
enter upon said common open space and maintain the same for a period
of one year, in accordance with the notice provided by the Township.
(2)
The cost of such maintenance by the Township shall be assessed
ratably against all the properties within the development and shall
become a lien on said properties when filed. The Township at the same
time of entering upon said common open space for the purpose of maintenance
shall file a notice of lien in the Office of the Prothonotary of Bucks
County upon the properties affected by the lien within the development.