[Amended 8-7-1995 by Ord. No. 296; 10-6-1998 by Ord. No. 319; 7-19-1999 by Ord. No. 323; 12-3-2001 by Ord. No. 330; 12-6-2004 by Ord. No. 345; 12-20-2006 by Ord. No. 364; 7-16-2014 by Ord. No. 396; 4-17-2019 by Ord. No. 419; 8-31-2020 by Ord. No. 423; 8-2-2023 by Ord. No. 440; 10-15-2025 by Ord. No. 468]
The purpose of this section is to protect the natural resources of the environment by preserving forests, wetlands, slopes and floodplains. These regulations apply to all zoning districts and all uses in the Township.
A. 
Identification of lands with natural resources. The applicant for a subdivision or land development or a zoning or building permit shall identify all natural resources on a lot when submitting an application. For the purpose of this subsection only, a building permit shall require the identification of natural resources if the building permit seeks to alter the footprint of the building or raze the building. This inventory shall include all natural resources identified in § 200-51B and all soil types.
B. 
Natural resource protection. The applicant shall incorporate the following natural resource protection ratios in any subdivision, land development, zoning or building permit application as they apply. Each resource is defined and a resource protection ratio is set for each resource. Site alterations, regrading, filling or clearing of trees and vegetation prior to plan or permit approval is prohibited.
(1) 
Floodplains.
(a) 
Floodplains shall include areas identified as Special Flood Hazard Areas on the Flood Insurance Rate Maps and Flood Insurance Study, and shall include any additional areas identified by the Board of Supervisors.
(b) 
Resource protection ratio for floodplain shall be 100%. No structures, filling, piping, diverting or stormwater detention basins shall be permitted within the floodplain district except as provided for in Chapter 114, Floodplains.
(2) 
Floodplain soils abutting the Delaware River Floodplain.
(a) 
Soils abutting but located outside the designated floodplain of the Delaware River.
(b) 
Resource protection ratio for floodplain soils abutting the Delaware River Floodplain. No more than 50% of the total of all such areas having the above soil designations may be disturbed, graded or built on.
(3) 
Ponds (natural or manmade) and pond shorelines.
(a) 
Natural or manmade water areas including retention or detention basins of 20,000 square feet or greater and all areas within 50 feet of the edge of the water measured from the mean water level.
(b) 
Resource protection ratio for ponds and pond shorelines shall be 100%. No development, filling, piping or diverting shall be permitted.
(4) 
Wetlands or waters of the commonwealth.
(a) 
Those areas of lands defined as wetlands in either the United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual or the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified or the Pennsylvania Department of Environmental Protection's Resources Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition, and for its application to this chapter, most restrictive criteria shall mean the criteria which causes the preservation of the most extensive area of wetlands. Soils which may be indicators of wetlands are: Bo Bowmansville silt loam, Ha Hatboro silt loam, Fa Fallsington, Do Doylestown, ToA Towhee and ToB Towhee Stony.
(b) 
Resource protection ratio for wetlands and waters of the commonwealth shall be 100%. No filling, clearing, grading or development is permitted.
(c) 
A wetlands/watercourse buffer shall be the transitional area extending outward from the boundary of a wetlands or watercourse as defined in this chapter and Chapter 178, Subdivision and Land Development. For the purposes of preventing groundwater contamination, reducing surface runoff and sedimentation of nearby streams and bodies of water, protecting sensitive wildlife habitats, minimizing disruption to the hydrology of wetlands sites and watercourses and preventing damage to dwellings and property as a result of construction on or adjacent to alluvial soils or construction adjacent to watercourses, wetlands/watercourses buffers shall be established as follows:
[1] 
Minimum wetlands/watercourse buffer shall be 50 feet. Where the 300 feet of land adjacent to a wetland or watercourse boundary has an upland slope greater than 5%, the minimum buffer width shall be increased by four feet for each percent of slope at or above 5%:
[a] 
Unique site conditions, such as to facilitate proper site drainage or preservation of established vegetation, may dictate that the wetland buffer be adjusted (averaged) to accommodate an efficient site design. The average width of the buffer for the entire site shall be equal to 50 feet with a minimum width of 30 feet. The applicant shall provide justification for the use of the averaging method and shall provide calculations demonstrating that the average width criteria has been met.
[2] 
In addition to the minimum wetlands/watercourse buffer, the following natural features shall be given the additional protection set forth herein:
[a] 
Shrub-shrub buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation between 12 inches and 20 feet in height, the minimum wetlands/watercourse buffer shall be extended to not less than 75 feet.
[b] 
Herbaceous buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation less than 12 inches in height or no vegetation, the minimum wetlands/watercourse buffer shall be extended to not less than 100 feet.
(d) 
Resource protection ratio for wetlands/watercourse buffers shall be 100%. No filling, grading, clearing or development is permitted.
(e) 
If any of the following site-specific criteria are applicable, the Township shall require an independent Environmental Impact Assessment as set forth in Appendix to this chapter:[1]
[1] 
Planned commercial/industrial facility that may release hazardous materials.
[2] 
On-site wastewater treatment system.
[3] 
Mining or mineral extraction.
[4] 
Wetland abutting park, wildlife refuge or sanctuary, farmland preservation property or other area managed and maintained for resource protection purposes.
[5] 
Exceptional value wetlands as defined in 25 P.S. § 105.17.
[6] 
Wetland on site associated with wetland system of 10 contiguous acres or greater.
[7] 
Wetland abutting a watercourse terminating in the Delaware River less than two miles from the site.
[8] 
Wetland abutting a watercourse with a public water intake less than two miles from the site. As part of the Federal Insurance Administration, the applicant shall have a qualified wetlands professional determine whether the minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c) is sufficient to maintain an 85% trap efficiency pursuant to the guidelines set forth in the Wong and McCuen Vegetative Buffer Strip Model (1982) or a comparable buffer strip model. If the 85% trap efficiency cannot be maintained, the minimum buffer width shall be extended to the width necessary to maintain an 85% trap efficiency or 300 feet, whichever is less. If the Township disagrees with the applicant's calculations, it may retain a qualified wetlands professional to perform the calculations at the applicant's expense. If the Township's and the applicant's calculations are conflicting, the greatest buffer width shall govern up to a maximum of 300 feet.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(5) 
Steep slopes. Steep slopes must be protected from inappropriate development, such as excessive grading, land form alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like.
(a) 
Steep slopes consist of the following:
[1] 
Class I steep slope: characterized by a grade of 8% or more, but less than 15%.
[2] 
Class II steep slope: characterized by a grade from 15% to 25%.
[3] 
Class III steep slope: characterized by a grade greater than 25%.
(b) 
Determination of steep slope areas:
[1] 
In any application for a subdivision, land development, building permit or grading permit, the applicant shall, using two-foot contours, delineate Class I, Class II and Class III steep slopes. The applicant shall use an actual field topographic survey or aerial survey as the source of contour information and as the basis for depicting the slope categories.
(c) 
The following standards shall apply, except where specifically modified by this chapter in accordance with the conditional use standards and procedures:
[1] 
Class I (8% to less than 15%) steep slopes: No more than 50% of such areas shall be altered, graded, cleared or built upon.
[2] 
Class II (15% to 25%) steep slopes: No more than 30% of such areas shall be altered, graded, cleared or built upon.
[3] 
Class III (greater than 25% or steeper) steep slopes: No alterations, grading, clearing or building permitted. In addition, no building shall be placed nor shall grading occur within 25 feet of the boundary of any Class III steep slope area.
[4] 
Protection of Class I, Class II, and Class III slopes may be reduced by conditional use approval, provided that other resources (such as woodlands) are protected to a greater extent to compensate for the additional slope disturbance, in accordance with conditional use standards and procedures.
(d) 
Exemptions for steep slopes. Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
(e) 
Steep slopes. At the sole discretion of the Board of Supervisors, the Board may, through a conditional use process, reduce the slope protection standards, provided that the additional disturbance for slopes is offset by the preservation of woodlands. The Board of Supervisors may grant conditional use approval to reduce the percentage of steep slopes required to be preserved by up to an additional 10% less than required, when the Board, in its sole discretion, determines that a lesser percentage of protection is warranted applying the standards and procedures hereafter set forth.
[1] 
Application procedure.
[a] 
The applicant shall prepare an Existing Resources and Site Analysis Map ("ERSAM") containing the information required at § 178-13B(3) of the Subdivision and Land Development Ordinance.
[b] 
The applicant shall comply with the provisions of § 178-13C and D of the Subdivision and Land Development Ordinance, including a site visit with Township representatives and attendance at a preplanned conference.
[c] 
The applicant shall determine the areas to be left undisturbed and shall prepare a proposed Resource Conservation Plan in accordance with the provisions of § 178-13E(1), Step 1, and (2), Step 2, of the Subdivision and Land Development Ordinance.
[d] 
If the applicant determines that in order to optimize protection of the most highly valued natural resources on the property disturbance of percentages of steep slopes greater than those required is necessary, the applicant shall file a conditional use application requesting approval to protect a lesser percentage of steep slopes.
[2] 
Standards for grant of conditional use approval. The Board of Supervisors shall determine, based upon the natural resources specific to the property under consideration, the extent to which steep slopes may be disturbed in order to optimally protect the natural resources of the Township to achieve the objectives of the Lower Makefield Comprehensive Plan, to assure the sustainability of the community of which the subdivision is a part and to achieve those purposes set forth under § 200-51B(5) hereof. In determining whether, and to what extent, to grant conditional use relief, the Board shall consider the following standards and guidelines.
(f) 
Steep slope protection.
[1] 
The effect protecting less than the required percentage of steep slopes would have on adjacent properties, particularly when such slopes abut another lot or tract of land.
[2] 
The extent to which protection of less than the required percentage of steep slopes would result in excessive grading, land form alteration and extensive vegetation removal.
[3] 
The extent to which the ecological balance may be disturbed by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, landslide and soil failure.
[4] 
The extent to which steep slopes can be protected as open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
[5] 
The Board may consider the extent to which the Steep Slope is man-made rather than natural and whether its disturbance will facilitate, in the opinion of the Board, the optimal design for the development of the property.
(6) 
Woodlands.
(a) 
Woodlands. A woodland is one-quarter acre or more of wooded land where the largest trees measure at least six inches diameter at a height of 4.5 feet from the ground and the associated intermediate layers in these areas, including the understory shrubs and smaller trees, the ground layer of herbaceous plants and the forest floor. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at a height of 4.5 feet above the ground.
(b) 
Resource protection ratio for woodlands. For land zoned R-RP, 85% of woodlands shall remain undisturbed as resource protected land. For land zoned R-1, 80% of woodlands shall remain undisturbed as resource protected land. For land zoned R-2, 75% of woodlands shall remain undisturbed as resource protected land. For land not zoned R-RP, R-1, or R-2, 70% of woodlands shall remain undisturbed as resource protected land. This resource protection ratio for woodlands shall not apply to applications for permits pertaining to developed residential lots which cannot be further subdivided, or to applications for permits for forestry/timber harvesting pursuant to this chapter. Resource protected woodlands shall be protected during any construction activities from root compaction by equipment and materials, mechanical damage or change in grade level.
The purpose of this section is to determine the intensity of use to which a specific site may be put. The following calculations shall be submitted with all sketch and preliminary plans by the applicant for all subdivisions and land developments and shall comply with the following standards and procedures:
A. 
Step I: determine base site area.
(1) 
Determine gross site area by actual on-site survey: _______ acres.
(2) 
Subtract the following:
(a) 
Land within existing roads and their ultimate rights-of-way and utility transmission rights-of-way: ________ acres.
(b) 
Land without development opportunities due to restrictions such as restrictive covenants and conservation easements: ________ acres.
(3) 
Equals base site area: ________ acres.
B. 
Step II. Determine natural resources land to be protected and percent of base site area in resource-protected land.
(1) 
Determine land subject to natural resources. Each site has unique natural features. All applications shall include maps showing the locations of the resources together with the calculations on the following chart. In the event that two or more resources overlap, only the resource with the highest protection ratio shall be used:
I
II
III
IV
Natural Resource
Percent of Resource to be Protected
Total Natural Resource Land in Acres
Total Resource Protected Land
(II x III)
HYDROLOGIC SURFACE
Floodplain
100%
Floodplain soils (Delaware River)
50%
FEATURES:
Lakes or ponds
100%
Wetlands
100%
Lake and pond shoreline
100%
Wetland and watercourse buffers
100%1
SLOPES:
Class I steep slope (8% to less than 15%)
50%
Class II steep slope (15% to 25%)
70%
Class III steep slope (greater than 25%)
100%
WOODLANDS:
Woodland Associations zoned R-RP
85%
Woodland Associations zoned R-1
80%
Woodland Associations zoned R-2
75%
All other zoning categories
70%
TOTALS:
_____acres
_____acres
NOTES:
1 See § 200-51B(4)(c), (d), and (e).
(2) 
Determine percentage of base site area classified as resource-protected land:
Total Resource-Protected Land minus Base Site Area = % of base site area classified as resource-protected land.
C. 
Step III. Determine site capacity.
(1) 
For all residential subdivisions and land developments the following calculations shall apply:
(a) 
Single-family detached developments and two-family developments.
[1] 
Find net buildable site area for single-family detached and two-family developments.
Base site area minus total resource protected land (determined in Step II) = Net buildable site area
—
=
Base site area
Total resource protected land
Net buildable site Area
[2] 
Find maximum number of permitted dwelling units for all single-family detached and two-family developments.
[a] 
With recreation land:
Net buildable site area - [(1/Density1) + .052] = Total number of dwellings permitted
NOTES:
1 Maximum density permitted on the net buildable site area is determined for each district in the tables of performance standards. For all single-family detached developments, the maximum density on the net buildable site area is dictated by the percent of the total base site area which is in resource protection land, as determined in Step II.
2 Recreation factor derived from Chapter 178, Subdivision and Land Development.
[b] 
With fee in lieu of recreation land:
x
=
net buildable site area
Maximum density on net buildable site area*
Units  permitted
(b) 
Single-family attached and multifamily developments.
[1] 
Find net buildable site area for single-family attached and multifamily residences. A minimum of 40% of the base site area of sites planned for single-family attached residences or for multifamily residences shall be devoted to resource protected lands and open space. If resource protected lands encumber less than 40% of the base site area, then additional land shall be devoted to open space so as to equal 40%.
—
=
Base site area
Total resource protected land and open space, this number shall not be less than 40% of the base site area.
Net buildable site area
[2] 
Find maximum number of permitted dwellings for all single-family attached and multifamily developments.
Net buildable site area x maximum density permitted on net buildable site area1 = Maximum number of permitted dwellings
NOTES:
1 Maximum density on net buildable site area is established for single-family attached dwellings and multifamily dwellings in the regulations for the districts in which these housing types are permitted.
(2) 
Nonresidential uses in Districts C-1, C-2, C-3 and O-R.
(a) 
Find net buildable site area:
—
=
acres
  Base site area
  Resource protection land
  Net buildable site area
(b) 
Find maximum permitted building coverage:
___________ acres
x
=
acres
Net buildable site area
Maximum building coverage ratio
  Maximum building coverage
(3) 
For a mixed-use development in the MU District, the following calculations shall apply:
(a) 
Find net buildable site area:
—
acres
Base site area
Resource protection land
Net buildable site area
(b) 
Find required neighborhood open space:
___________ acres
x
=
acres
Net buildable site area
Minimum neighborhood open space percentage1
  Neighborhood open space
NOTES:
1The minimum neighborhood open space percentage is established for mixed-use developments in the regulations of the Mixed-Use Overlay District.
(c) 
Find maximum permitted building coverage:
___________ acres
x
=
acres
Net buildable site area
Maximum building coverage ratio2
  Maximum building coverage
NOTES:
2The maximum building coverage ratio is established in the regulations of the Mixed-Use Overlay District.
A. 
Intersections. On any corner lot, no wall, fence, sign or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A clear sight triangle of 25 feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than 1.5 feet above the street grade.
B. 
Driveways and private accessways. At each point where a private accessway or driveway intersects a public street or road, a clear sight triangle of 15 feet, measured from the point of intersection of the street and the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than 1.5 feet above street level.
C. 
It shall be the property owner's responsibility to maintain the sight triangle. The Township shall have the right to declare an obstructed sight triangle to be a safety hazard and to clear the same at the owner's expense should the owner fail to do so after proper notice.
A. 
Corner lots. A lot with frontage on two or more streets including corner lots shall have a building setback from each street not less than the required front yard. In cases of corner lots, a rear yard is required, but such yard may be any yard not facing a public street. In cases of through lots, no rear yard is required.
B. 
Triangular lots. In the case of a triangular lot with no rear lot line the distance between any point on the building and the corner of the lot farthest from the front lot line shall be at least twice the minimum rear yard requirement for that district.
C. 
Setbacks from resource-protected lands. On lots which include lands with resource restrictions, the minimum building setbacks shall be measured from the limit of the resource-protected lands rather than from the lot lines so that the required minimum yard is free from resource-restricted lands.
D. 
Exception for existing alignment. If the alignment 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 Board of Supervisors may accept the average of such existing alignment within that distance as the required front yard, but in no case shall the front yard be less than 20 feet. For lots fronting on collector or arterial roads, the front yard setback shall be increased a sufficient distance to provide an adequate driveway turnaround area so vehicles do not back out directly onto these roads.
A setback of 150 feet is established along both sides of the Delaware Division of the Pennsylvania Canal measured from the center line of the canal in accordance with the following standards:
A. 
Nothing other than landscaping and a wood fence which may be lined with a wire mesh shall be permitted in the setback.
B. 
No roads or driveways may be permitted in the setback, except where there is no other access. The road or driveway shall be designed to minimize adverse impact on the canal.
C. 
The setback requirements shall terminate at the edge of River Road and shall not extend to land on the opposite side of River Road from the canal.
A. 
These setback requirements shall apply to all uses and structures on lots which abut an arterial or collector road and supersede the yard and setback requirements for the zoning districts within which the lots may lie. The special setback shall be measured from the right-of-way line of the arterial or collector streets.
Condition
Special Setback-Arterial
(feet)
Special Setback-Collector
(feet)
Front yard at street line of arterial or collector
100
80
Reverse frontage lot1
120
100
Street serving new subdivision or land development
120
80
NOTES:
1
Swimming pools and fences may be located closer to the right-of-way line on reverse frontage lots, in accordance with § 200-70 of this chapter.
B. 
Arterial and collector roads are designated as follows and shall have the ultimate right-of-way specified in Chapter 178, Subdivision and Land Development.
Arterial Roads
Collector Roads
Heacock Road from Oxford Valley Road to Edgewood Road
Big Oak Road
Interstate 95
Black Rock Road
Morrisville-Yardley Road (including Pennsylvania Avenue)
Creamery Road
Newtown-Washington Crossing Road (Route 532)
Dolington Road
Newtown-Yardley Road (Route 332)
Edgewood Road
Oxford Valley Road (between Heacock Road and the Falls Township Line)
Ferry Road
Pine Grove Road
Heacock Road from Edgewood to Yardley-Langhorne Road
Stony Hill Road (between Falls Township Line and Route 332)
Lindenhurst Road
Township Line Road
Makefield Road
Mirror Lake Road (80 feet wide except 100 feet wide, 500 feet south of Yardley-Newtown Road)
Mt. Eyre Road
Oxford Valley Road (between Heacock Road and Yardley Borough)
Quarry Road
River Road
Schuyler Drive
Sutphin Road
Taylorsville Road north of I-95
Woodside Road
Yardley-Langhorne Road
C. 
Notwithstanding any other provision in this chapter, no structure shall be located closer than 150 feet from the right-of-way line of I-95 and Pennsylvania Route 332, along both roads for a distance of 1,000 feet from their center line intersection.
D. 
Exception to setbacks within Historic District, which includes all or a portion of the following zoning districts:
H-C
Historic Commercial
C-1
Commercial Neighborhood Shopping
R-4
Residential Multiple-Family High Density
(1) 
Within those portions of the foregoing zoning districts which are located in the Historic District, the following setbacks shall supersede the provisions of § 200-56. The following setbacks shall be measured from the existing legal right-of-way line.
Condition
Special Setback-Arterial
(feet)
Special Setback-Collector
(feet)
Front yard at street line of arterial or collector
20
20
Reverse frontage
N/A
N/A
Street serving new subdivision or land development
20
20
NOTE:
Fences or hedges may be located six inches outside the existing legal right-of-way line, provided they do not interfere with the sight triangle of any private driveway or street intersection.
No dwelling shall hereafter be erected unless there is a direct access to it through an open space on the same lot. Such open space shall be not less than 25 feet in width and shall extend from the dwelling to a street. Every principal building shall be built on a lot with frontage on a public street or road improved to meet the Township's standards.
Flag or lane lots (lots which do not have the minimum lot width at the minimum required front yard setback line) shall be permitted only under the following conditions:
A. 
Flag or lane lots shall be permitted for single-family detached units only.
B. 
Minimum lot size shall be 40,000 square feet, regardless of the other minimum lot area requirements which may apply in the district in which the lot is located.
C. 
The minimum lot area shall be measured exclusive of the area of the lane or flag pole.
D. 
Only one tier of flag or lane lots per tract will be permitted. A tier shall be defined as a single row of lots behind lots which have the required frontage at the street line and lot width at the minimum front building setback line.
E. 
The lot, exclusive of the lane, must meet the required building lot dimensions for lots of 40,000 square feet as set forth in this chapter.
F. 
Each flag or lane lot shall have its own lane which shall be owned by the lot owner in fee.
G. 
The width of the lane or flag pole portion of the lot may not be less than 25 feet.
H. 
No more than two flag or lane lots shall be permitted as part of a major subdivision.
I. 
The front yard setback for a flag or lane 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 required lot width.
A. 
Requirements for all uses. All uses and activities established after the effective date of this chapter shall comply with the following standards in this section. No use shall be permitted which is noxious or offensive to surrounding properties by reasons of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard by fire or explosion. No use shall create any objectionable condition on any other property which would endanger public health or safety or be detrimental to the use of any other properties. All applicable standards of the Bucks County Board of Health, the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency and any other agency with jurisdiction regarding pollution or contaminants shall be adhered to by all uses in the Township. This applies to fugitive contaminants, particulate matter emissions, sulfur compound emissions, toxic materials and any other air contaminants regulated by the state and federal authorities; noise, vibration, toxic materials; discharges into watercourses or into the ground; odors; fire or explosive hazards; and storage of chemicals or fuels. The most stringent standards shall apply.
B. 
Noise control.
(1) 
The sound level of any operation shall not exceed the decibel levels designated below with the following exceptions: the operation of motor vehicles or other transportation vehicles or other transportation facilities, emergency alarm signals or time signals. The sound pressure level shall be measured on the A-Scale with a sound level meter that conforms to the specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24.3-1944, American Standards Association, Inc., New York, New York, shall be used.)
(2) 
Sound pressure levels shall be measured at the property line upon which the emission occurs and shall be limited by the use category of the adjacent affected property. The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows:
Use Category
Maximum Permitted dBA Level
Residential
55
Commercial
60
Industrial
65
(3) 
If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given herein.
Type of Operation or Character of Noise
Correction
(decibels)
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m.
-3
Noise occurs less than 5% of any one hour period
+5
Noise is of periodic character or impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall exceed the basic standards given above.)
(4) 
Noise from recordings, loudspeakers or public address system. No musical recordings or advertising and other activity shall be carried on which shall create noise interfering with the reasonable enjoyment of adjacent residential properties or which exceeds the decibel limits set by this subsection.
C. 
Smoke control.
(1) 
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute period.
(2) 
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color with equivalent apparent capacity.
D. 
Control of dust and dirt, fumes, vapors and gases.
(1) 
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals or vegetation or other forms of property or which can 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.
(2) 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering 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° F. and 50% excess air in the stack at full load.
E. 
Odor control. Odorous material released from any operation or activity shall not exceed the odor threshold beyond the lot line, measured either at ground level or habitable elevation. Odor threshold is defined as the lowest concentration of odorous matter that produced an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 1931-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent.
F. 
Heat control. No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than one degree Fahrenheit.
G. 
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in any residential or commercial district.
H. 
Vibration control. No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of placement and frequency.
(1) 
When computed the following formula shall be used:
PV = 6.38 F x D
PV
=
Particle velocity, inches per second
F
=
Vibration frequency, cycles per second
D
=
Single amplitude displacement of the vibration, inches
(2) 
At any adjacent lot line, PV shall not exceed 0.10 inch per second; except, within any residential district, PV shall not exceed 0.02 inch per second. Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in these values may be multiplied by two.
(3) 
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
I. 
Storage and waste disposal.
(1) 
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except in tanks or drums of fuel directly connected to energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel.
(2) 
All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a chain link fence 10 feet high from grade level.
(3) 
No materials or wastes shall be deposited on a lot in such form or manner that they may be transferred off 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.
(4) 
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 watertight sealed containers which are adequate to eliminate such hazards.
(5) 
Plans for sewage or waste disposal shall be submitted to the Bucks County Department of Health and other appropriate governmental health agencies and shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from said agencies shall be a prerequisite to the issuance of a zoning or building permit.
(6) 
No lot may be used for open dumping of trash, garbage or rubbish. No lot may be used for the storage, keeping or abandonment of junk or scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, except as may be permitted and regulated by § 200-67 or 200-69 for specific uses.
J. 
Application of performance standards.
(1) 
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
(2) 
If any existing use or building or other structure is extended, enlarged or reconstructed the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
(3) 
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(a) 
Where determinations can be made by the Zoning Officer or other Township employees using equipment normally available to the Township or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(b) 
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
(c) 
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of §§ 200-116 and 200-117.
(4) 
If, in the considered judgment of the Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:
(a) 
The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation, in accordance with the procedures for Enforcement Notices in § 200-87 of this chapter. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer within a time limit set by the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter.
(b) 
If there is no reply within the time limit, but the alleged violation is corrected to the satisfaction of the Zoning Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his official records, taking such other action as may be warranted.
(c) 
If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Zoning Officer within the time limit set he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(d) 
If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Zoning Officer but requesting additional time, the Zoning Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health or property.
(e) 
If a reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violations continue, the Zoning Officer may call on properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of § 200-116.
K. 
Exemptions for public utilities. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings. A building permit shall be required before construction commences.
A. 
Uses permitted by right. The following uses and activities are permitted in the floodplain, provided they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment and provided that within the floodway there would be no increase in the BFE elevation:
(1) 
Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, forestry, sod farming and wild crop harvesting.
(2) 
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, bicycling and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, tennis courts, and hunting and fishing areas.
(3) 
Yard areas for residential and nonresidential uses, with the exception of the minimum lot area requirements.
(4) 
Temporary uses such as circuses, carnivals, and similar activities.
B. 
Uses permitted by special exception. The following uses and activities are permitted in the floodplain by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that all applicable floodplain requirements are met:
(1) 
Utilities, public facilities and improvements such as streets, bridges, 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 of materials and equipment listed in Subsection A hereof shall be prohibited in the floodplain.
(4) 
Parking areas.