Natural resource preservation districts (NRPs) are designed as an overlay classification of areas of special environmental concern to the community. The NRP district endeavors to preserve and protect environmental resources unique to the district, consistent with section 232-2 of this chapter, while permitting, to the extent possible, a reasonable use of land in a manner consistent with other applicable district classifications.

(Ord. No. 96-05, Art. III(300), 6-3-96)

NRP district classification shall be reserved to those areas possessing one or more of the following natural attributes:

(1)

Woodland, which shall be defined to comprise one or more acres of wooded land where the largest trees measure at least six inches diameter at breast height (dbh) or 4.5 feet from the ground; or grove of trees forming one canopy where ten or more trees measure at least ten inches dbh. Principal woodland cover types shall include, but not be limited to, the following: oak and hickory, elm, ash and red maple, sugar maples, beech and yellow birch, sweet gum and pin oak, yellow poplar and oak, silver maple and American elm.

(2)

Wetland, which shall be defined as any land consisting of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the site due to permanent or seasonal inundation of surface or ground water; wetlands shall also be defined to include lakes and ponds and their peripheral vegetation, and as identified within the U.S. Fish and Wildlife Service National Wetlands inventory system.

(3)

Significant natural features, which shall be defined to include those areas designated by state and federal agency listings of species and sites of special significance and shall further include those areas comprising critical wildlife habitats, rare plant communities and significant geologic sites.

(4)

Floodplain, which shall be defined as relatively flat or low areas which are subject to partial or complete inundation from an adjoining or nearby stream, river, or water course, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

(5)

Steep slopes which shall be defined as an existing land grade in excess of eight percent, whether naturally occurring or man-made in origin.

(Ord. No. 96-05, Art. III(301), 6-3-96; Ord. No. 2009-05, 6-22-09)

(a)

NRP districts shall comply with the following performance standards:

(1)

Woodlands:

a.

Woodlands shall be preserved in at least an 80 percent natural open space state where such area also contains wetland or significant natural features.

b.

Woodlands shall be preserved in at least a 50 percent natural open space state where such area contains neither wetland nor significant natural features.

c.

Woodlands not preserved in a 100 percent natural open space state shall be managed by the property owner under a comprehensive plan approved by the Township, and designed to maintain and enhance the area's value for environmental, scenic, recreational and economic uses.

(2)

Wetlands:

a.

Wetlands located in tidal marshes and mudflats, upland swamps, adjacent to floodplains, around lake and pond shore margins and in non-glacial bogs shall be preserved in a 100 percent natural cover.

b.

A buffer of 50 feet shall be measured from the wetlands vegetation or the limit of wet soils, whichever is shorter, and shall be preserved in an 80 percent natural cover, defined as native or existing vegetation, maintained in an undisturbed condition so as to minimize hydrologic modification and potential for pollution. No structures or paved areas shall be permitted in the buffer. A minimum undisturbed natural cover buffer of 20 feet measured from the wetlands vegetation or limit of wet soil, whichever is shorter, shall be maintained at all times.

c.

Wetlands shall be protected to preserve critical habitat for identified species of special concern.

(3)

Significant natural features:

a.

Areas containing significant natural features shall be preserved in a 100 percent natural state.

b.

A comprehensive plan shall be submitted by the property owner to the Township for approval, and implemented upon approval, that provides adequate management to maintain and enhance site integrity.

(b)

Where federal or state regulations also apply to NRP areas, such of those NRP performance standards that apply shall be construed so as to be consistent with and in addition to any such federal or state regulations.

(Ord. No. 96-05, Art. III(302), 6-3-96; Ord. No. 2000-08, § I, 5-23-00; Ord. No. 2009-05, 6-22-09; Ord. No. 2012-04, § I, 4-9-12)

Editor's note— Ord. No. 2015-01, § 1, adopted February 9, 2015, repealed § 232-58, which pertained to floodplain regulations and derived from Ord. No. 96-05, adopted June 3, 1996; Ord. No. 99-14, adopted May 11, 1999; Ord. No. 02-03, adopted February 11, 2002; and Ord. No. 2009-05, adopted June 22, 2009. For current provisions on floodplain management, please see ch. 104.

(a)

This section shall be known and may be cited as the "Bensalem Township Steep Slope Overlay."

(1)

The specific legislative intent of this section is:

a.

To conserve and protect those areas having steep slopes, as defined herein, from inappropriate development and excessive grading.

b.

To minimize stormwater runoff, accelerated soil erosion and resultant stream siltation which may create a danger to life and/or property.

c.

To relate the intensity of development to the steepness of terrain in order to minimize grading, the removal of vegetation, runoff and erosion.

d.

To protect the Township from development in areas of steep slopes which may cause a subsequent expenditure for public works and disaster relief which affects the welfare of the Township and its residents.

e.

To implement Article I, 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that people have a right to clean air, pure water and to the preservation of the natural, scenic, historic and aesthetic values of the environment.

(2)

Steep slope disturbance regulations:

a.

In all zoning districts, for those portions of sites having slopes greater than eight percent, based upon contour lines measured at vertical intervals of two feet, the following standards shall also apply for all proposed uses:

1.

Eight percent to 15 percent: No more than 40 percent of the total area of such portions shall be regraded and/or stripped of vegetation.

2.

Fifteen percent to 25: No more than 30 percent of the total area of such portions shall be regraded and/or stripped of vegetation.

3.

Twenty-five percent or more: No more than 15 percent of the total area of such portions shall be regraded and/or stripped of vegetation.

(b)

Exemptions. These regulations shall apply to the following:

(1)

Disturbance of soil for agricultural or food-protection purposes.

(2)

Any lot in existence as of the date of this section that contains existing development, provided that disturbance of ground cover does not exceed the regarding and/or stripping limits contained herein.

(c)

No grading shall be undertaken prior to the granting of necessary land alteration permit pursuant to Ordinance 212 of the Bensalem Township Code.

(d)

The above referenced steep slope requirement percentages contained in 232-59(a)(2) a shall only apply to natural steep slopes and not include any man-made steep slopes. The determination of whether slopes are man-made or natural shall be made by Township engineer.

(e)

For the SRM District only, steep slopes of 25 percent or more: no more than 20 percent of the total area of such portions shall be regraded and/or stripped of vegetation.

(Ord. No. 96-05, Art. III(304), 6-3-96; Ord. No. 2021-07, § I, 11-8-21)

(Ord. No. 2010-08, 12-20-10)

The purpose of this section is to set forth standards for large and small solar energy systems to encourage use of renewable energy systems, to help alleviate the growing energy shortage and lessen the reliance on increasingly uncertain power sources, to encourage and promote the use of "green" architecture design principles that minimize impacts to the natural and cultural environments subject to reasonable conditions that will protect the public health, safety and/or general welfare of the community.

(Ord. No. 2010-08, 12-20-10)

Applicant. The landowner or developer, as those terms are defined in the Municipalities Planning Code and including heirs, successors and assigns of applicant, who has filed an application for development of a solar electric facility under this section.

Facility owner. The person or entity having any equity interest in the solar electric facility, including heirs, successors and assigns of facility owner.

Operator. The person or entity responsible for the day-to-day operation and maintenance of the solar energy system.

Solar electric facility. An electric generating facility, whose main purpose is to generate and supply electricity and consists of one or more solar energy systems and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. Solar electric facility is the primary land use for the parcel on which the array is located and is distinguished from a solar energy system that is a secondary or accessory use. Solar electric facilities are composed of multiple solar energy systems, generally having a collective direct current rated capacity greater than 100 kilowatts.

Solar energy system. The components and subsystems that, in combination, convert solar energy into electric energy suitable for use. The term includes but is not limited to photovoltaic and concentrated solar power systems.

(Ord. No. 2010-08, 12-20-10)

The placement of solar energy systems for the purpose of providing energy is permitted within all zoning districts, either as a part of a structure, or an independent structure. Furthermore, the use of the property for a solar electric facility shall be permitted in all zoning districts.

(Ord. No. 2010-08, 12-20-10)

(a)

When a parcel is used for solar energy system purposes, the following performance standards shall be satisfied:

(1)

Solar energy systems shall be subject to the setback, building area, impervious surface coverage and height limitations of the district in which it is located.

(2)

Freestanding solar energy systems in residential districts shall be considered as and subject to the limitations of an accessory structure as defined in section 232-6 and the requirements of subsection 232-583(a) of this Code.

(3)

A solar energy system and any necessary access road is permitted to extend within all required buffer yards when the purpose is to minimize the clearing or disturbance of trees and other natural features necessary for the proper function of the solar energy system. Where a solar energy system is proposed to be supported on a screw type/racking system, and no cut or fill is necessary for the construction of the such solar energy system, it shall not be considered a disturbance to natural steep slopes or other similar significant natural features.

(4)

All solar energy systems shall be in compliance with any applicable local, State and Federal laws, regulatory standards, including the Commonwealth of Pennsylvania Uniform Construction Code, as amended; and the National Electric Code, as amended.

(5)

Solar energy systems shall not extend beyond the front facade of the building occupying the primary permitted use. No solar energy system shall be permitted in the front yard of the parcel on which it is located.

(6)

The Township shall not participate in any claim, dispute, or action involving the blockage, interference, or disruption of a solar energy system.

(7)

Solar energy systems shall be designed and located in order to minimize glare towards an adjoining property.

(b)

When a parcel is used for solar electric facility purposes, the following shall apply:

(1)

Applications for solar electric facilities filed pursuant to this section shall comply with the Pennsylvania Municipalities Planning Code, act of July 31, 1968, as amended and the Township subdivision and land development ordinance.

(2)

Solar electric facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.

(3)

A solar electric facility shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the parcel.

(4)

Clearly visible warning signs shall be placed on the parcel to inform individuals of potential voltage hazards.

(Ord. No. 2010-08, 12-20-10)