R-A districts are designed to protect, preserve, and maintain existing agricultural, recreation, conservation and other open-space purposes. The R-A district incorporates a density and performance standard that strives to:

(1)

Provide a balance of low density, single-family, residential uses with the preservation of natural resources, open space and existing farmlands;

(2)

Discourage premature and isolated higher density development; and

(3)

Facilitate the conservation of agricultural and woodland areas, surface and underground water supplies and the control of soil erosion and surfaces water flooding, consistent with article I, section 232-2 of this chapter.

(Ord. No. 96-05, Art. V(500.0), 6-3-96)

A building may be erected or used, and an R-A lot may be used or occupied, for any one of the following purposes and no other:

(1)

One single-family detached dwelling.

(2)

Agricultural or farm use, except piggery, provided that any building used for keeping or raising livestock or poultry shall be situated not less than 50 feet from any street line and not less than 25 feet from any other property line. This use may include one single-family dwelling.

(3)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(4)

Railway passenger station.

(5)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

(6)

Lake or reservoir for water supply for noncommercial recreational purposes when authorized by the Zoning Hearing Board as a special exception, and which such use shall conform to the requirements of sections 232-357 and 232-358.

(7)

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a business, but shall include:

a.

Not more than one private garage or stable.

b.

Rental rooms for no more than a total of two roomers or tourists.

c.

Roadside stand for the sale of farm or nursery products all of which are produced on the property where offered for sale, provided:

1.

Such stand shall be situated not less than 30 feet from any street line.

2.

Not more than two signs advertising the sale of farm products may be erected and maintained in conjunction with each roadside stand, subject to the provisions of article XIV.

3.

The area on one side of any such sign shall not exceed six square feet.

4.

Any such stand and sign shall be removed or kept in good condition during seasons when products are not being offered for sale.

(8)

Signs when erected and maintained in accordance with the provisions of article XIV of this chapter governing signs on institutional and professional lots.

(9)

Kennels, commercial or private, for the lodging, maintenance and keeping of dogs.

(10)

Reserved.

(11)

Communal living facility, provided that the minimum off-street parking required in § 232-586 is provided, plus:

a.

One additional space for each non-resident staff person; and

b.

One additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility.

(12)

Sober living environments, provided that the minimum off-street parking required in § 232-586 is provided, plus:

a.

One additional space for each non-resident staff person; and

b.

One additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility.

(Ord. No. 96-05, Art. V(500.1), 6-3-96; Ord. No. 2016-02, § I, 3-28-16; Ord. No. 2021-04, §§ 1—3, 8-23-21)

(a)

Lot area.

(1)

An R-A lot shall have a net lot area of not less than one acre per family for every building hereafter erected or used in whole or in part as a dwelling.

(b)

Lot width.

(1)

Each lot shall have a width at the building setback line of not less than 150 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 20 percent of the net lot area may be occupied by buildings.

(d)

Impervious cover.

(1)

Not more than 25 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards. Where a building is erected on an R-A lot, front, rear and side yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One front yard shall be provided, not less than 50 feet in depth.

(2)

Side yards.

a.

Two side yards shall be provided, not less than 50 feet in aggregate width and neither less than 20 feet; except that in the case of a corner lot the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One rear yard shall be provided, not less than 30 feet in depth.

(f)

Height regulations.

(1)

No building other than a farm building shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which both the width of each side yard and the depth of the front yard is increased beyond minimum side yard requirements up to a maximum height of 50 feet.

(Ord. No. 96-05, Art. V(500.2), 6-3-96)

R-A-1 districts are designed to provide low to medium density single-family, detached residential housing, provide for the preservation of natural resources and environmental features that are unique to each R-A-1 district, consistent with article I, section 232-2 of this chapter, and to provide an adequate buffer between each R-A-1 community and the surrounding districts. The R-A-1 district recognizes the need to preserve open space and environmental resources for residents while accommodating the Township's fair housing share for this category.

(Ord. No. 96-05, Art. V(501.0), 6-3-96)

A building may be erected or used, and an R-A-1 lot may be used or occupied for any one of the following uses and no other:

(1)

One single-family detached dwelling.

(2)

Passenger shelter for railroad [or bus.]

(3)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(4)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

(5)

Lake or reservoir for water supply for noncommercial recreational purposes when authorized by the Zoning Hearing Board as a special exception, and which such use shall conform to the requirements of sections 232-357 and 232-358.

(6)

Reserved.

(7)

Communal living facility, provided that the minimum off-street parking required in § 232-586 is provided, plus:

a.

One additional space for each non-resident staff person; and

b.

One additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility."

(8)

Sober living environments, provided that the minimum off-street parking required in § 232-586 is provided, plus:

a.

One additional space for each non-resident staff person; and

b.

One additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility.

(Ord. No. 96-05, Art. V(501.1), 6-3-96; Ord. No. 2016-02, § I, 3-28-16; Ord. No. 2021-04, §§ 4—6, 8-23-21)

(a)

Lot area. An R-A-1 lot of not less than 20,000 square feet shall be provided for every building hereafter erected or used in whole or in part as a dwelling.

(b)

Lot frontage and width. Each lot shall have a minimum street frontage and an average width of not less than 80 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 30 percent of the area of each lot may be occupied by building area.

(d)

Impervious cover.

(1)

Not more than 35 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards. Where a building is erected on an R-A-1 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One yard, not less than 35 feet in depth.

(2)

Side yards.

a.

Two yards, not less than 30 feet in aggregate width, and neither less than 12 feet, except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One yard, not less than 30 feet in depth.

(f)

Height regulations. No building or structure in an R-A-1 district shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which both the width of each side yard is increased beyond minimum side yard requirements, up to a maximum height of 50 feet.

(Ord. No. 96-05, Art. V(501.2), 6-3-96)

R-A-2 districts are designed to provide lot density single-family, detached residential housing, provide for the preservation of natural resources and environmental features that are unique to each R-A-2 district, consistent with article I, section 232-2 of this chapter, and to provide an adequate buffer between each R-A-2 community and the surrounding districts. The R-A-2 district recognizes the need to preserve open space and environmental resources for residents while accommodating the Township's fair housing share for this category.

(Ord. No. 96-05, Art. V(502.0), 6-3-96)

A building may be erected or used, and an R-A-2 lot may be used or occupied for any one of the following uses and no other:

(1)

One single-family detached dwelling.

(2)

Passenger shelter for railroad.

(3)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(4)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

(Ord. No. 96-05, Art. V(502.1), 6-3-96; Ord. No. 2021-04, §§ 7, 8, 8-23-21)

(a)

Lot area. An R-A-2 lot of not less than one acre shall be provided for every building hereafter erected or used in whole or in part as a dwelling.

(b)

Lot frontage and width. Each lot shall have a minimum street frontage and an average width of not less than 80 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 30 percent of the area of each lot may be occupied by building area.

(d)

Impervious cover.

(1)

Not more than 35 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards. Where a building is erected on an R-A-2 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One yard, not less than 35 feet in depth.

(2)

Side yards.

a.

Two yards, not less than 30 feet in aggregate width, and neither less than 12 feet, except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One yard, not less than 30 feet in depth.

(f)

Height regulations. No building or structure in an R-A-2 district shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which both the width of each side yard is increased beyond minimum side yard requirements up to a maximum height of 50 feet.

(Ord. No. 96-05, Art. V(502.2), 6-3-96)

R-1 districts are designed to provide low density single-family, detached residential housing, provide for the preservation of natural resources and environmental features that are unique to each R-1 district, consistent with section 232-2 of this chapter, and to provide an adequate buffer between each R-1 community and the surrounding districts. The R-1 district recognizes the need to preserve open space and environmental resources for residents while accommodating the Township's fair housing share for this category.

(Ord. No. 96-05, Art. V(503.0), 6-3-96)

A building may be erected or used, and an R-1 lot may be used or occupied for any one of the following uses and no other:

(1)

One single-family detached dwelling.

(2)

Passenger shelter for railroad.

(3)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(4)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

(Ord. No. 96-05, Art. V(503.1), 6-3-96; Ord. No. 2021-04, §§ 9, 10, 8-23-21)

(a)

Lot area. An R-1 lot of not less than 12,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling.

(b)

Lot frontage and width. Each lot shall have a minimum street frontage and average width of not less than 80 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 30 percent of the area of each lot may be occupied by building area.

(d)

Impervious cover.

(1)

Not more than 40 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards. Where a building is erected on an R-1 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One yard, not less than 35 feet in depth.

(2)

Side yards.

a.

Two yards, not less than 30 feet in aggregate width, and neither less than 12 feet, except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One yard, not less than 30 feet in depth.

(f)

Height regulations. No building or structure in an R-1 district shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum height of 50 feet.

(g)

Maximum density. In no event shall there be permitted more than 2.5 dwelling units per acre except that in the case where four lots or less are created by subdivision of land along existing streets, the maximum density shall be 3.63 dwelling units per acre (du/a).

(Ord. No. 96-05, Art. V(503.2), 6-3-96)

R-2 Residential districts are designed to provide single-family, detached residential housing at densities higher than permitted in R-1 districts, provide for the preservation of natural resources and environmental features that are unique to each R-2 district, consistent with section 232-2 of this chapter, and to provide an adequate buffer between each R-2 community and surrounding districts. The R-2 district recognizes the need for denser, more affordable communities than R-1 residential districts, that strive to retain the essential attributes of the R-1 district, while accommodating the preservation of open space and environmental resources to the fullest extent possible, pursuant to article I, section 232-2.

(Ord. No. 96-05, Art. V(504.0), 6-3-96)

A building may be erected or used, and an R-2 lot may be used or occupied for any one of the following uses and no other:

(1)

One single-family detached dwelling.

(2)

Passenger shelter for railroad.

(3)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(4)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

(Ord. No. 96-05, Art. V(504.1), 6-3-96; Ord. No. 2021-04, §§ 11, 12, 8-23-21)

(a)

Lot area. An R-2 lot of not less than 7,500 square feet shall be provided for every building hereafter erected or used in whole or in part as a dwelling.

(b)

Lot frontage and width. Each lot shall have a minimum street frontage and average width of not less than 75 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 40 percent of the area of each lot may be occupied by building area.

(d)

Impervious cover.

(1)

Not more than 45 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards. Where a building is erected on an R-2 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One yard, not less than 25 feet in depth.

(2)

Side yards.

a.

Two yards, not less than 20 feet in aggregate width, and neither less than nine feet, except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One yard, not less than 25 feet in depth.

(f)

Height regulations. No building or structure in an R-2 district shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum height of 50 feet.

(g)

Maximum density. In no event shall there be permitted more than 2.8 dwelling units per acre except that in the case where four lots or less are created by subdivision of land along existing streets, the maximum density shall be 5.81 dwelling units per acre (du/a).

(Ord. No. 96-05, Art. V(504.2), 6-3-96)

R-3 townhouse districts are designed to provided single-family townhouse developments at a higher density than permitted in the R-1 and R-2 districts while accommodating the preservation of open space and environmental resources to the fullest extent possible pursuant to article I, section 232-2.

(Ord. No. 96-05, Art. V(505.0), 6-3-96)

(a)

For any use permitted in an R-2 residential district, provided that such R-2 use shall conform to the area, frontage, width, yard, height, and building area regulations of the R-2 district.

(b)

A building may be erected or constructed and lots may be occupied for the following uses and no other: townhouses, dwelling houses and townhouse dwelling structures.

(1)

Townhouse dwelling unit. Single-family dwelling units which may be attached by a common solid masonry fire wall, together with individual rear and front yards designed as an integral part of each unit. The townhouse dwelling Unit is to be used as a residence only and no business whatsoever is permitted within same.

(2)

Townhouse dwelling structures. A structure containing from two to eight townhouse dwelling units which incorporate varied designs, architectural modes and setbacks, for the purpose of avoiding developments resembling what have been customarily referred to as "row houses."

(3)

Townhouse development. A development of townhouse dwelling structures and facilities.

(Ord. No. 96-05, Art. V(505.1), 6-3-96; Ord. No. 2021-04, § 13, 8-23-21)

(a)

Lot area.

(1)

Within each townhouse development there shall be provided a minimum of 2,000 square feet of lot area for each townhouse dwelling unit on lots of no less than 20 feet in width, but in no event shall there be more than four townhouse dwelling units per acre for a townhouse development.

(2)

Each townhouse development shall contain a minimum of 20 contiguous acres of land.

(b)

Lot frontage and width.

(1)

A townhouse dwelling unit containing a garage shall be no less than 30 feet in width.

(c)

Building area.

(1)

Maximum building coverage for townhouse dwelling units shall be 50 percent of the area of its lot.

(d)

Impervious cover.

(1)

Not more than 60 percent of the net lot area may be covered by impervious cover including the building area.

(e)

Yards.

(1)

Minimum front yard set back shall be 20 feet for any townhouse dwelling unit without garage and 35 feet for any townhouse dwelling unit with a garage.

(2)

Minimum rear yard set back for any townhouse dwelling unit shall be 20 feet.

(3)

Minimum distance between buildings shall be 25 feet at any angle.

(4)

The front of a building shall not overlap the side wall of an opposite building by more than eight feet unless said buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.

(5)

Side yard of end of the townhouse dwelling structure shall be ten feet, however, when the townhouse dwelling structure is adjacent to a public right-of-way or street intended for public dedication the side yard shall be 30 feet.

(6)

A setback of 75 feet shall be provided from any townhouse dwelling unit adjacent to any other zoning districts.

(f)

Height regulations.

(1)

No building or structure shall exceed 30 feet in height.

(g)

Miscellaneous requirements.

(1)

All parking shall be within a compound and/or complex and shall not be permitted on a public road, or street intended for dedication which is not wholly within a compound or complex.

(2)

No townhouse dwelling unit shall face on any public road or street intended for dedication which is not wholly within a compound or complex.

(3)

Setback shall be measured from the approved curb line for undedicated access ways, public roads and streets intended for dedication.

(Ord. No. 96-05, Art. V(505.2), 6-3-96)

All townhouse dwelling units, townhouse structures and townhouses developments shall meet and comply with all of the following special requirements:

(1)

Municipal facilities.

a.

All townhouse dwelling units, townhouse structures and townhouse developments must be provided by the developer, with public water facilities.

(2)

Circulation and parking.

a.

Primary residential streets shall comply with the specifications, improvements and design standards as established for the Township of Bensalem, and the paved width of said streets shall be a minimum of 32 feet, and the right-of-way shall be a minimum of 50 feet.

b.

A minimum of 3.5 off-street parking spaces for each townhouse unit shall be provided. Each lot containing townhouses shall provide two off-street parking spaces. For every two townhouse units, no less than three additional off-street parking spaces shall be provided in a community owned or maintained compound, parking bay or facility provided that no parking space shall be greater than 300 feet by the most direct pedestrian route from the door of the townhouse unit to the off-street parking spaced it is intended to serve.

All other provisions of section 232-182(2) not specifically modified herein shall remain in full force and effect.

The provisions of section 232-182(2)(b) regarding off-street parking for townhouses shall also supersede any other parking regulations for townhouses, including but not limited to, section 232-586(c)(3) of the Township's Zoning Ordinance.

c.

Minimum distance of buildings from any site parking area shall be 20 feet except where the townhouse dwelling unit contains a garage in which case the minimum distance from any building from an on-site parking area shall be 35 feet.

d.

Parking spaces as required above shall be provided on or within the same compound and/or complex with the townhouse dwelling units to be served and in accordance with drawings referred to in subsection 232-180(b)(4).

e.

The minimum dimensions of stalls and aisles for parking and traffic facilities shall be as follows:

1.

Stall width - minimum of nine feet.

2.

Stall length or depth - minimum of 18 feet for all angles of parking.

3.

Minimum aisle width for one way traffic only, varying with the angle of parking, shall be:

f.

Parking areas shall be so designed that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle.

g.

The minimum width of aisles providing access to parking stalls for two way traffic shall be 26 feet.

h.

The width of entrance and exit drives shall be:

1.

One way use - minimum of 15 feet.

2.

Two way use - minimum of 26 feet.

3.

A divider where used shall be at least ten feet in width and shall be provided for separated traffic drives.

i.

Parking stalls or spaces shall be arranged in such a manner that not more than ten spaces adjoin each other and that each group shall be separated by a 20-foot wide planting area.

(3)

Variation of design.

a.

An overall structure of attached dwelling units shall not be permitted with one common roof line nor with equal front yard setbacks for all units. Similarly, the appearances of the fronts of the buildings shall have a distinction between the townhouse dwelling units, by varying the width, different exterior materials on the facade or changing roof lines.

b.

Setbacks shall vary from dwelling unit to the other or from each pair of dwelling units so that each is off set from the next by design so that roof elevations vary by not less than 13 inches in height every two dwelling units. The front wall of each pair of dwelling units shall be designed to provided minimum two-foot offset from each pair of adjacent dwelling unit front walls on either side. A garage attached to and made an integral part of a dwelling unit shall not be considered in design of the minimum two-foot offset.

(4)

Natural features to be retained. Existing natural features such as clusters of trees, brooks, creeks, streams, and drainage channels shall be retained wherever practicable. These features shall be identified and contained on the topography plan submitted with the preliminary plans of the townhouse development.

(5)

Open space. At least 20 percent of the gross land area of any townhouse development shall be devoted to permanent open space or to public use, not including required public improvements or private streets. The specific land area to be devoted to this requirement shall be acceptable to and approved by the Township at least one-half of which shall be in one undivided tract. All land subject to flooding shall be included within the permanent open space and in addition to the 20 percent requirement, even though the 20 percent requirement may be exceeded thereby.

a.

All land within any townhouse development not included within lots to be conveyed or utilized for required public improvements shall be first offered for dedication to the Township, prior to the issuance of any building permits, for use a hereinafter set forth.

b.

In the event the Township refuses the offer of dedication of all or part of such land, prior to the issuance of any permits, that part not accepted shall be transferred:

1.

To a duly constituted association of property owners under terms approved by the Township Solicitor.

2.

To a bona fide financially responsible organization or organizations under terms approved by the Township Solicitor. Any such association under subsections (1) and/or (2) hereof shall assume responsibility for all land areas and streets in perpetuity within the Township.

The Articles of Association or Incorporation under subsections (1) and/or (2) hereof shall include as a minimum, provisions legally binding the members of the Association owners or occupants of the development, to the payment of appropriate amounts to insure the continual maintenance and improvements of all common property including undedicated streets, access ways and any cost of refuse collection. In the case of subsection (2) hereof, the Articles of Association or Incorporation shall include as a minimum the power for the officers/directors of such Association or Corporation to legally bind the Association or the Corporation to the obligations required hereunder, which assures the continual maintenance and improvement of all common property including undedicated streets, access ways and any cost of refuse collection.

In the case of subsections (1) and (2) hereof adequate provisions for recourse by the Township shall be provided in the event of nonpayment or failure to perform.

Such land shall be used as one or more of the following:

(a) Golf course or country club.

(b) Private swimming pool or swimming club.

(c) Marina.

(d) Tennis courts.

(e) Equestrian trails and private stable.

(f) Park or playground.

(g) Pedestrian walkway.

(h) Stream course or drainage control area.

(i) Any other similar type use deemed appropriate by the Township for the orderly development of the area.

c.

All such land hereinbefore referred to which shall either be improved to meet Township standards and be in accordance with the approved site plan.

(6)

Service utilities.

a.

All service utilities such as electric, gas, telephone, etc., which are usually serviced by above ground wiring, shall be placed underground.

b.

A four foot service walkway shall be placed at the rear of each townhouse dwelling structure, which shall extend along the entire rear of the aforementioned structure.

c.

No external television aerial will be allowed within an R-3 residential district.

(7)

Approval procedures. All plans as required and set forth in the Township Subdivision and Land Development Ordinance regulations shall be submitted for approval to the Bensalem Township Council and in addition, a plan showing the typical planting scheme of a complex and/or compound as well as any restrictions, regulations, rules or other information to which a deed of conveyance will be subject shall be submitted.

(Ord. No. 96-05, Art. V(505.3), 6-3-96; Ord. No. 2013-02, § I, 4-8-13)

The purpose of the R-3A residential district is to encourage and permit innovations in residential development so that the growing demand for housing may be met by a variety in type, design and layout for dwellings and by the conservation and more efficient use of open space ancillary to certain dwellings; so that greater space, better housing and recreation may extend to all citizens and residents of the Township, and further to encourage a more efficient use of land and public services, and to reflect changes in the technology of land development so that economies secured may enure to the benefit of those who need housing.

(Ord. No. 96-05, Art. V(506.0), 6-3-96)

For the purpose of this article, a parcel of land may be developed with duplex residential dwellings and no other. A duplex residential dwelling shall consist of two units in one ownership, except that each unit may be separately owned when the duplex dwelling is a two-unit condominium duly created pursuant to Pennsylvania condominium law. Duplex residential dwellings may be detached, semi-detached, or attached in groups, not exceeding eight dwellings in one group.

(Ord. No. 96-05, Art. V(506.1), 6-3-96; Ord. No. 00-16, § 1, 8-3-00; Ord. No. 2021-04, § 14, 8-23-21)

(a)

Minimum site area. The gross site area of any subdivision within this district shall not be less than 20 acres.

(b)

Lot area. The minimum lot area for duplex residential dwelling shall be not less than 2,000 square feet.

(c)

Yard requirements and lot width. The following yard requirements shall be construed as minimums:

(1)

Each lot shall have a minimum width of 20 feet per duplex residential dwelling.

(2)

Each lot shall have a front yard of not less than 20 feet measured from the street right-of-way line.

(3)

Each lot shall have a rear yard of not less than 30 feet measured from the rear most portion of the structure to the property line.

(4)

The end duplex residential dwelling of each group of attached duplex residential dwellings shall have a minimum side yard of 15 feet.

(5)

No two duplex residential dwelling attached group buildings shall be constructed closer than 30 feet, one to the other.

(6)

Every group of attached duplex residential dwellings shall have a minimum setback from the right-of-way line of not less than 30 feet, except where there is a parking area in front of or facing such group, the setback from properly line shall be 20 feet.

(d)

Maximum height. No building shall have a maximum height in excess of 35 feet, as determined by paragraph 12, article XVI, of the Bensalem Township Zoning Ordinance of 1954.

(e)

Buffer area. Bufferyards shall be in accordance with article XIII, section 232-592. Parcels of land which are separated by an existing dedicated streets, road, or highway shall not be construed as abutting.

(f)

Building coverage. The total building coverage shall not exceed 50 percent of each lot when subdivided.

(g)

Impervious cover.

(1)

Not more than 60 percent of the net lot area may be covered by impervious cover including the building area.

(h)

Density. The density of this district shall not exceed four dwelling units per acre of the site area. The site area shall exclude the beds of existing streets and existing public rights-of-way.

(Ord. No. 96-05, Art. V(506.2), 6-3-96)

(a)

[Primary access road.] Each subdivision within this district shall contain a primary access road which shall have a minimum right-of-way of 50 feet and shall be developed with a 32 to 36 feet paved cartway. No duplex residential dwelling buildings, except detached or semi-detached dwellings, shall have access to this road.

(b)

Secondary roads. Secondary roads shall be built to service the balance of the subdivision in accordance with good planning practice. Secondary roads that will contain single loaded parking shall have a minimum right-of-way of 50 feet with a 32 to 36 feet paved cartway exclusive of the area provided for parking. Secondary roads that will accommodate double loaded parking (parking on each side of the paved cartway) shall have a minimum right-of-way of 70 feet with a paved cartway of 26 feet in width, exclusive of the area set aside for parking.

(c)

Parking. Parking shall be provided in accordance with article XIII, section 232-586.

(d)

Variation of design. In order to create architectural interest in the layout and character of the Duplex Units, variation setbacks, materials, and designs shall be required. As a minimum, there shall be a four feet variation in every 80 running feet of building.

(e)

Open space and recreation.

(1)

At least 35 percent of the gross site area of any duplex residential subdivision shall be devoted to permanent open space for recreation and/or public use. Area required for public improvements, streets, curbs, sidewalks, and/or private streets shall not be included in this calculation. At least 20 percent of the gross site area, exclusive of floodplain shall be open space as required in this section. Active recreational structures or improvements however, shall be included in open space requirements.

(2)

Recreation amenities. There shall be provided by the developer of such district adequate active recreational facilities and amenities in the open space area, which areas, when completed, shall be dedicated to the Township for general public use. In lieu of developing the aforesaid active recreational amenities, if the Township so desires, developer shall donate to the Township for use as it sees fit, a sum determined by multiplying the number of acres in the dedicated open space times $1,000.00, but in no event shall this amount be less than $25,000.00.

(f)

Natural features. Existing natural features such as clusters of trees, brooks, creeks, streams and drainage channels shall be retained where ever practicable and are also subject to article III, natural resource preservation district. These features shall be identified and noted on the subdivision plan submitted for the duplex residential dwelling subdivision development.

(g)

Public utility requirement. Each unit in a duplex subdivision development shall be individually connected to a public sewage facility and public water supply at the time of development. All utilities shall be underground.

(h)

Miscellaneous provisions. As the Bensalem Township Council shall decide, fences are to be erected within two years of approval of land development plan.

(Ord. No. 96-05, Art. V(506.3), 6-3-96)

R-AA districts are designed to protect, preserve, and maintain existing agricultural, recreation, conservation and other open-space purposes. The R-AA district incorporates a density and performance standard that strives to:

(1)

Provide a balance of low density, single-family, residential uses with the preservation of natural resources, open space and existing farmlands;

(2)

Discourage premature and isolated higher density development; and

(3)

Facilitate the conservation of agricultural and woodland areas, surface and underground water supplies and the control of soil erosion and surfaces water flooding, consistent with section 232-2 of this chapter.

(Ord. No. 96-05, Art. V(507.0), 6-3-96)

(a)

A building may be erected or used, and an R-AA lot may be used or occupied for any one of the following purposes and no other.

(1)

Any use permitted in an R-11 district;

(2)

Intensive agricultural or farm use, which shall mean: The growing and harvesting of crops and the keeping or raising of livestock or poultry, except for piggery or the slaughtering or processing of livestock or poultry; provided that any building used for keeping or raising livestock or poultry shall be situated not less than 50 feet from any street line and property line; and provided that annual soil loss shall not exceed three tons per acre. This use may include one single-family dwelling.

(3)

Conservation uses, as defined in subsection 232-6(a);

(4)

Outdoor recreation and rural recreation uses, defined in subsection 232-6(a);

(5)

The following uses when authorized by the Zoning Hearing Board as a special exception:

a.

An office or facility of a veterinarian, with accessory kennel for domestic or rural animals as defined in subsection 232-6(a). Kennels and dog runs for more than two dogs, stables and other accessory buildings serving rural animals shall be located a minimum of 50 feet from any property line.

(6)

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, said uses to be conducted by the owner occupying the premises. The term "accessory use" shall not include a business, but shall include:

a.

Rural inn use, which shall mean the rental of rooms for no more than a total of 15 tourists, and as further defined in subsection 232-6(a). In no case shall a Rural Inn use be conducted on a parcel containing less than three acres.

b.

A roadside agricultural stand for the sale of farm or nursery products in conjunction with an intensive agricultural use as defined in subsection 232-6(a), all of which are produced on the property where offered for sale, provided that:

1.

Such stand shall be situated not less than 30 feet from any street line;

2.

Not more than two signs advertising the sale of farm products may be erected and maintained in conjunction with each roadside stand, subject to the provisions of article XIV;

3.

The area on one side of any such sign shall not exceed six square feet; and,

4.

Any such stand and sign shall be removed or kept in good condition during seasons when products are not being offered for sale.

(7)

Signs when erected and maintained in accordance with the provisions of article XIV of this chapter.

(8)

Kennels, stables or other facilities, commercial or private, for the lodging, maintenance and keeping of domestic and nondomestic animals, with the exception of pigs or dangerous animals.

(b)

No use shall be permitted which is contrary to the general environmental standards of article I, or the requirements of article III of this chapter.

(Ord. No. 96-05, Art. V(507.1), 6-3-96)

(a)

Residential uses.

(1)

Lot area. Where a dwelling is erected for residential uses upon an R-AA lot, the following area regulations shall apply:

a.

No R-AA lot shall have a net lot area of less than one acre. Net lot area shall be defined as in subsection 232-6(a).

(2)

Lot frontage and width. Each lot shall have a minimum street frontage and width at the building setback line of not less than 150 feet, subject to the provisions of article XV.

(3)

Building area.

a.

Not more than 20 percent of the net lot area may be occupied by buildings.

(4)

Impervious cover.

a.

Not more than 30 percent of the net lot area may be covered by impervious cover including the building area.

(5)

Yards. Where a building is erected on an R-AA lot, front, rear and side yards shall be provided on each lot as follows:

a.

Front yard.

1.

One front yard shall be provided, not less than 50 feet in depth.

b.

Side yards.

1.

Two side yards shall be provided, not less than 50 feet in aggregate width and neither less than 20 feet; except that in the case of a corner lot; the frontage on both streets shall be considered front yards.

c.

Rear yard.

1.

One rear yard shall be provided, not less than 30 feet in depth.

(6)

Height regulations.

a.

No building other than a farm building shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which both the width of each side yard and the depth of the front yard is increased beyond minimum side and front yard requirements up to a maximum height of 50 feet.

(7)

Parking requirements. Parking shall be provided for pursuant to article XIII, section 232-586 of this chapter.

(8)

Maximum density. Where an R-A lot is used for residential purposes, no more than one dwelling unit per acre (du/a) shall be permitted.

(b)

Nonresidential but non-special exception uses.

(1)

Lot area.

a.

Where no buildings are erected for residential uses upon an R-AA lot and no special exception uses exist, the following area regulations shall apply:

1.

Where a lot is used for intensive agricultural, farm use, or uses in subsection 232-212(a)(8), a net lot area of not less than three acres shall be provided.

2.

Where a lot is used for any other nonresidential but non-special exception use, a net lot area of not less than one acre shall be provided.

(2)

Lot frontage and width. Each lot shall have a minimum street frontage and width at the building setback line of not less than 150 feet, subject to the provisions of article XV.

(3)

Building area.

a.

Not more than 20 percent of the net lot area may be occupied by buildings. Buildings shall be defined to mean enclosed structures, but not structures used for electronic/communication purposes, such as satellite dishes, microwave towers, or electric tension towers.

(4)

Impervious cover.

a.

Not more than 30 percent of the net lot area shall be covered by impervious cover.

(5)

Yards. Where a building is erected on R-AA lot, front, rear and side yards shall be provided on each lot as follows:

a.

Front yard.

1.

One front yard shall be provided, not less than 50 feet in depth; except in uses 507.1.A.8 the yard shall be 150 feet.

b.

Side yard.

1.

Two side yards shall be provided, not less than 50 feet in aggregate width and neither less than 20 feet, except that in the case of a corner lot; the frontage on both streets shall be considered front yards; except in uses 507.1.A.8 the yard shall be 150 feet.

c.

Rear yard.

1.

One rear yard shall be provided, not less than 30 feet in depth; except in uses 507.1.A.8 the yard shall be 150 feet.

d.

Height regulations. No building other than a farm building shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which both the width of each side yard and the depth of the front yard is increased beyond the minimum side and front yard requirements, up to a maximum height of 50 feet.

(6)

Parking requirements. Parking shall be provided pursuant to article XIII, section 232-586 of this chapter.

(7)

Maximum density. Where a nonresidential use is also used for residential purposes, no more than one dwelling unit per acre (1 du/a) shall be permitted except as in subsection 232-212(a)(6)a. herein.

(c)

Special exception uses. Where an R-AA lot is to be used for a special exception use, area regulations shall be prescribed and approved by the Zoning Hearing Board on an individual basis, based upon the following general criteria:

(1)

Assured adequate safety upon the lot in light of the proposed use,

(2)

Minimum burden upon neighboring lots in light of the proposed use,

(3)

Minimum burden upon the Township, in particular the use of Township facilities and services, in light of the proposed use.

Prescribed area regulations shall be at a minimum equal to the area requirements required for a nonresidential but non-special exception use.

(Ord. No. 96-05, Art. V(507.2), 6-3-96)

R-11 districts are designed to provide low to medium density single-family, detached residential housing, provide for the preservation of natural resources and environmental features that are unique to each R-11 district, consistent with section 232-2 of this chapter, and to provide an adequate buffer between each R-11 community and the surrounding districts. The R-11 district recognizes the need to preserve open space and environmental resources for residents while accommodating the Township's fair housing share for this category.

(Ord. No. 96-05, Art. V(508.0), 6-3-96)

A building may be erected or used, and an R-11 lot may be used or occupied for any one of the following uses and no other:

(1)

One single-family detached dwelling.

(2)

Residential agricultural uses, as defined in subsection 232-106(a).

(3)

Passenger shelter for railroad.

(4)

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

(5)

Telephone central office; transmission line; electric substation, except that such use shall conform to the requirements of sections 232-436, 232-437 and 232-438 of this chapter.

a.

Electronic/communication substation.

(6)

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses may be as follows:

a.

Private garages or private parking areas.

(Ord. No. 96-05, Art. V(508.1), 6-3-96; Ord. No. 2021-04, §§ 15, 16, 8-23-21)

(a)

Lot area. No R-11 lot shall have a net lot area of less than 20,000 square feet.

(b)

Lot frontage and width. Each lot shall have a minimum street frontage and width at the building setback line of not less than 100 feet, subject to the provisions of article XV.

(c)

Building area.

(1)

Where the net lot area is no less than 20,000 square feet, but no more than 40,000 square feet, not more than 25 percent of the net area of each lot may be occupied by building area.

(2)

Where the net lot area is greater than 40,000 square feet, not more than 20 percent of the net area of each lot may be occupied by building area.

(d)

Impervious cover.

(1)

Where the net lot area is no less than 20,000 square feet, but no more than 40,000 square feet, not more than 45 percent of the net lot area may be covered by impervious surfaces including the building area.

(2)

Where the net lot area is greater than 40,000 square feet, not more than 40 percent of the net lot area may be covered by impervious surfaces including the building area.

(e)

Yards. Where a building is erected on an R-11 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

Where the net lot area is less than 40,000 square feet, one yard shall exist, not less than 40 feet in depth, except in the case of a corner lot the frontage on both streets shall be considered front yards; and

b.

Where the net lot area is 40,000 square feet or greater, one yard shall exist not less than 50 feet in depth; except in the case of a corner lot, the frontage on both streets shall be considered front yards.

(2)

Side yards.

a.

Where the net lot area is less than 40,000 square feet, two yards shall be provided, not less than 40 feet in aggregate width, and neither less than 17 feet, except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

b.

Where the net lot area is 40,000 square feet or greater, two yards shall be provided, not less than 50 feet in aggregate width, and neither less than 20 feet except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

Regardless of net lot area, one yard shall be provided, not less than 40 feet in depth.

(f)

Height regulations. No building or structure in an R-11 district shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which both the width of each side yard and the depth of the front yard is increased beyond minimum side and front yard requirements, up to a maximum height of 50 feet.

(g)

Parking. Parking shall be provided for pursuant to article XIII, section 232-586 of this chapter.

(h)

Maximum density. No more than two dwelling units per acre (du/a) shall be permitted in an R-11 district except that in the case where four lots or less are created by subdivision of land along existing streets, the maximum density shall be 2.2 dwelling units per acre (du/a).

(Ord. No. 96-05, Art. V(508.2), 6-3-96)

R-22 residential districts are designed to provide single-family, detached residential housing at densities higher than permitted in R-11 districts, provide for the preservation of natural resources and environmental features that are unique to each R-22 district, consistent with section 232-2 of this chapter, and to provide an adequate buffer between each R-22 community and surrounding districts. The R-22 district recognizes the need for denser, more affordable communities than R-11 residential districts, that strive to retain the essential attributes of the R-11 district, while accommodating the preservation of open space and environmental resources to the fullest extent possible, pursuant to section 232-2.

(Ord. No. 96-05, Art. V(509.0), 6-3-96)

A building may be erected or used, and an R-22 lot may be used or occupied for any one use permitted in an R-11 district and no other.

(Ord. No. 96-05, Art. V(509.1), 6-3-96)

(a)

Lot area. No R-22 lot shall have a net lot area of less than 12,000 square feet.

(b)

Lot frontage and width.

(1)

Each lot shall have a minimum street frontage and width of not less than 80 feet at the BSBL subject to the provisions of article XV.

(c)

Building area.

(1)

Not more than 30 percent of each lot may be occupied by buildings.

(d)

Impervious cover.

(1)

Not more than 50 percent of each lot may be impervious surface, including the building area.

(e)

Yards. Where a building is erected on an R-22 lot, front, side and rear yards shall be provided on each lot as follows:

(1)

Front yard.

a.

One front yard shall be provided, not less than 30 feet in depth.

(2)

Side yards.

a.

Two side yards shall be provided, not less than 25 feet in aggregate width, and neither less than 11 feet; except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

(3)

Rear yard.

a.

One rear yard shall be provided, not less than 30 feet in depth.

(f)

Height regulations. No building or structure in an R-22 district shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which both the width of each side yard and the depth of the front yard is increased, beyond minimum side yard and front yard requirements, up to a maximum height of 50 feet.

(g)

Parking. Parking shall be provided for pursuant to article XIII, section 232-586 of this chapter.

(h)

Maximum density. No more than 2.5 dwelling units per acre (du/a) shall be permitted in an R-22 residence district except that in the case where four lots or less are created by subdivision of land along existing streets, the maximum density shall be 3.63 dwelling units per acre (du/a).

(Ord. No. 96-05, Art. V(509.2), 6-3-96)

The R-33 intermediate density residential district is designed to provide for semi-detached and attached, single-family dwellings, such as townhouses and duplexes, at appropriate locations on arterial and collector streets and in convenient proximity to retail and mass transportation facilities, to broaden the Township's housing base to extend to families of modest income and thereby serve a greater variety of housing needs, and to provide reasonable standards to prevent overcrowding of land, to regulate the density of population, to protect environmental resources consistent with section 232-2 of this chapter, and to allow for the harmonious existence of R-33 developments.

(Ord. No. 96-05, Art. V(510.0), 6-3-96)

A building may be erected or used and lots may be occupied or used in an R-33 district for any of the following uses, and no other:

(1)

For any use permitted in an R-11 residential district, provided that such R-11 use shall conform to the area, frontage, width, yard, height, and building area regulations of the R-11 district.

(2)

Non-detached residential dwellings.

a.

For any townhouse dwelling units, townhouse developments, townhouse dwelling structures, townhouse complexes, duplex residential dwellings, duplex clusters, building and complexes. With regard to these uses the following definitions shall apply:

1.

Townhouse dwelling unit. A single-family dwelling unit, not exceeding 35 feet in height, which shall be attached by a solid masonry fire wall, with individual front and rear yards designed as an integral part of each unit. The townhouse dwelling unit shall be used only for residential purposes. All units shall be separated by a solid masonry fire wall as defined in the adopted building code.

2.

Townhouse dwelling structures. A structure containing from two to eight townhouse dwelling units separated by vertical walls, which incorporate varied designs, architectural modes and setbacks, for the purpose of avoiding developments resembling what have been customarily referred to as "Row houses."

3.

Townhouse development. A development of townhouse dwelling structures, including supporting facilities.

4.

Duplex structure. A building consisting of two single-family dwellings, separated by either vertical walls or horizontal floors and not exceeding 35 feet in height. Where such dwellings are side by side, each dwelling shall be separated from the other by a solid masonry fire wall as defined in the adopted building code. Where such dwellings are over and under, each dwelling shall be separated from the other by a fire rated assembly as required by the adopted building code.

5.

Duplex clusters. Eight or fewer dwellings in detached, semi-detached, or attached duplex structures.

6.

Duplex development. A subdivision development consisting of duplex structures and clusters, including supporting facilities.

b.

The following accessory uses shall be permitted on the same lot with and customarily incidental to the uses in subsection (2)a. The term "accessory use" shall not include a business but may include:

1.

A private garage or off-street parking area:

2.

Swimming pools, tennis courts, or other residential recreation uses or facilities provided exclusively for use by residents and their guests, provided such use conforms to the standards of article XIII, section 232-588.

(3)

Special citizens housing, pursuant to article VI of this chapter.

(4)

Passenger shelter for railroad.

(Ord. No. 96-05, Art. V(510.1), 6-3-96)

Each development shall contain a minimum of 20 contiguous acres of land.

(1)

Lot area. Where a structure is erected or constructed, or a lot is used in an R-33 residential district for a use other than that permitted by subsections 232-254 (1) or (5), the following area requirements shall apply:

a.

Within each development there shall be provided a minimum of 2,000 square feet of lot area for each dwelling.

(2)

Lot frontage and width.

a.

Each lot shall be no less than 20 feet in width.

b.

A duplex or end townhouse unit containing a garage shall be on a lot no less than 39 feet in width.

c.

A townhouse unit containing a garage shall be on a lot no less than 24 feet in width.

(3)

Building area.

a.

Not more than 50 percent of the net lot area may be occupied by buildings in a development.

(4)

Impervious cover.

a.

Impervious cover shall be defined as in subsection 232-6(a).

b.

Not more than 60 percent of each lot may be impervious surface, including the building area.

(5)

Yards.

a.

Duplex and townhouse yard requirements.

1.

Minimum front yard set back shall be 20 feet for any dwelling with communal parking areas and 30 feet for any other dwelling.

2.

Minimum rear yard set back for any townhouse dwelling unit shall be 20 feet. Each duplex residential dwelling unit lot shall have a rear yard of not less than 30 feet measured from the rear most portion of the structure to the property line.

3.

The side yard measured from the end of any dwelling building shall be 15 feet. However, when the dwelling is adjacent to a public right-of-way or street intended for public dedication, the side yard shall be 30 feet.

4.

Minimum distance between buildings in the same development shall be 30 feet at any angle.

5.

The front of a townhouse dwelling structure shall not overlap the side wall of an opposite townhouse dwelling structure by more than eight feet unless said buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.

b.

A set back of 75 feet shall be provided from any townhouse unit or duplex unit adjacent to any other zoning district, which shall include a buffer planting strip of not less than 50 feet in width pursuant to article XIII, section 232-592. Parcels of land which are separated by an existing dedicated street, road or highway shall not be construed as abutting.

(6)

Height regulations. No duplex or townhouse building shall exceed 35 feet in height. No structure other than duplex or townhouse buildings shall exceed 30 feet in height.

(7)

Parking.

a.

All required parking shall be provided within a development and shall not be permitted on a public road, or street intended for dedication. All parking provisions shall comply with the parking requirements of article XIII, section 232-586 and any applicable Subdivision and Land Development Ordinance regulations.

(8)

Maximum density. In no event shall there be permitted more than four dwelling units per acre (du/a) in a development of townhouse or duplex dwelling units.

(Ord. No. 96-05, Art. V(510.2), 6-3-96)

Where townhouse or duplex units are erected upon an R-33 lot, the following special requirements shall apply:

(1)

No townhouse dwelling shall face on any public road or street intended for dedication which is not wholly within a development.

(2)

All townhouse dwelling units, townhouse structures, townhouse developments and duplex residential dwellings shall comply with the following special requirements:

a.

Municipal facilities. All townhouse dwelling units, townhouse structures, townhouse developments and duplex residential dwelling units shall be provided, by the developer, with public sanitary sewer and public water facilities, and any sewerage or water plan shall require the approval of the Bensalem Township Council and Bensalem Township Water and Sewer Department.

b.

Variation of design. In order to create architectural interest in the layout and character of townhouse and duplex developments, variation setbacks and materials, and designs shall be required as follows:

1.

An overall structure of attached townhouse dwelling units shall not be permitted with one common roof line nor with equal front yard setbacks for all units. Similarly, the appearances of the fronts of the townhouse buildings shall have a distinction between townhouse dwelling units, by varying the width, different exterior materials on the facade or changing roof lines.

2.

As a minimum, there shall be a four feet variation in every 80 running feet of building in a duplex development.

3.

Setbacks shall vary from one townhouse dwelling unit to the other or from each pair of townhouse dwelling units so that each is off-set from the next by design and so that roof elevations vary no less than 13 inches in height every two townhouse dwelling units. The front wall of each pair of townhouse dwelling units shall be designed to provide a minimum two-foot offset from each pair of adjacent townhouse dwelling unit from walls on either side. A garage attached to and made an integral part of a townhouse dwelling unit shall not be considered in design of the minimum two foot offset.

c.

Natural features. Natural features to be retained - Existing natural features such as clusters of trees, brooks, creeks, streams, and drainage channels shall be retained wherever practicable, unless such features are subject to article III of this chapter. These features shall be identified and contained on the topography plan submitted with the preliminary Subdivision and Land Development plans of the townhouse development, or the duplex residential dwelling development.

d.

Open space and recreation. At least 40 percent of the net lot area of any development shall be devoted to permanent open space or to public use, not including required public improvements or private streets. Active recreational structures or improvements, however, shall be included in open space requirements. The specific land area to be devoted to this requirement shall be acceptable to and approved by the Township at least one-half of which shall be in one undivided tract. All land subject to flooding shall be included within the permanent open space and in addition to the 40 percent requirement, even though the 40 percent requirement may be exceeded thereby.

e.

Dedication of land for recreational use shall be in accordance with Subdivision and Land Development Ordinance 268, section 201-83(e).

f.

Utility service requirements.

1.

All service utilities which are usually services by aboveground wiring or conduits, such as electric, gas, telephone, cable, television, etc., shall be installed underground.

2.

A service easement not less than 15 feet wide shall be placed at the rear of each dwelling structure, which shall extend along the entire rear of the said structures. Such service easement shall be expressly deeded as an easement in gross for the use of any applicable utility companies and emergency vehicles. Such service easement shall be situated so as to least interfere with the privacy of the dwelling units.

3.

Every unit in a development shall be individually connected to a public sewage facility and public water supply at the time of development.

4.

No external television, communications aerials or satellite dishes shall be allowed within a development, except where expressly approved by the Township Zoning Hearing Board.

(Ord. No. 96-05, Art. V(510.3), 6-3-96)

The purpose of the R-44 Residential/Commercial District is to encourage and permit innovations in residential development so that the growing demand for residential housing and limited commercial development may be met by a variety in type, design and layout for dwellings, the conservation of open space ancillary to residential housing, the establishment of conservation buffers between residential and non-residential development and to further encourage a more efficient use of land.

(Ord. No. 2004-2, 1-14-05)

For the purpose of this article, a parcel of land may be developed for any of the following uses and purposes and no other:

(1)

Single-family detached dwelling. A single detached dwelling unit on an individual lot with private yards on all sides of the dwelling.

(2)

Subject to the limitation that the total area of non-residential use within the tract shall not exceed 20 percent of the total gross site area of the tract, the following non-residential uses are permitted within any portion of the tract which has frontage along a minor arterial street or any other street with the same or higher roadway classification:

a.

Bank or similar financial institution.

b.

Trade, vocational or technical school.

c.

Restaurant where food is either consumed primarily within the building or where food is purchased on the premises or at a drive-thru window for consumption off the premises.

d.

Retail stores for the sale of durable and non-durable household goods.

e.

General business, professional, medical or government offices.

f.

Convenience food stores without gasoline dispensing facilities provided that the gross floor area of any such convenience food store shall not exceed 6,000 square feet.

(3)

Accessory uses consisting of uses customarily incidental to any of the above listed permitted uses.

(Ord. No. 2004-2, 1-14-05)

(a)

Minimum site area. The gross site area of any subdivision within this district shall not be less than 100 acres.

(b)

Lot area. The minimum lot area for any single family detached residential dwelling shall not be less than 12,000 square feet. For non-residential uses, the minimum lot area shall not be less than one acre.

(c)

Yard requirements and lot width. Refer to Exhibit "A" attached to Ordinance No. 2004-2 and incorporated herein by reference.

(d)

Maximum height. No residential building shall have a maximum height in excess of 35 feet, as determined by paragraph 12, Article XVI, of the Bensalem Township Zoning Ordinance of 1954. For all non-residential uses, the maximum building height shall be five stories.

(e)

Buffer area. A 15-foot buffer yard and planting strip shall be provided along the entirety of a tract boundary. Existing vegetation and proposed storm water management facilities located within any required buffer yard may be used to satisfy the buffer and/or planting requirements.

(f)

Building coverage. Refer to Exhibit "A" attached to Ordinance No. 2004-2 and incorporated herein by reference.

(g)

Impervious cover. Refer to Exhibit "A" attached to Ordinance No. 2004-2 and incorporated herein by reference.

(h)

Density. The density of this district for residential uses shall not exceed two and one-half dwelling units per gross acre of the site area. The site area shall exclude the beds of existing streets and existing public rights-of-way.

Exhibit A

^* Two side yards shall be provided, not less than 25' in aggregate width. The minimum side yard shall be 5' in width. In the case where 5' side yards are provided, no two lots shall have abutting 5' yards.

^** In the case of a corner lot, the required front yard shall be taken from the higher order road and side yards shall be provided from the lower order road. In the case where both roadways are of the same classification, front yard shall be provided from both roadways.

(Ord. No. 2004-2, Exh. A, 1-14-05)

(a)

Access roads. Any residential subdivision within this district shall contain a primary access road which shall have a minimum right-of-way of 50 feet and shall be developed with a 28-foot wide paved cartway. All roads within any residential subdivision shall be constructed to Township standards for public residential streets.

(b)

Parking.

(1)

For all residential uses there shall be a minimum of two independently accessible off-street parking spaces provided for each dwelling unit.

(2)

For all non-residential uses, the off-street parking facilities shall comply with section 232-586.

(c)

Open space.

(1)

At least 20 percent of the gross site area of any tract shall be devoted to permanent open space and dedicated to the Township. Area required for public improvements, streets, curbs, sidewalks, and/or private streets shall not be included in this calculation. Open space may include any area devoted to storm water management facilities, recreation areas and/or required buffers.

(2)

There shall be provided by the developer of such district, adequate active recreational facilities and amenities in the open space area, which areas, when completed, shall be dedicated to the Township for general public use. In lieu of developing the aforesaid active recreational amenities, if the Township so desires, the developer shall donate to the Township for use as it sees fit, the sum of $2,000.00 per each new residential building lot.

(d)

Public utility requirement. Every residential and non-residential use shall be individually connected to a public sewage facility and public water supply at the time of development. All utilities shall be underground.

(e)

Special set backs/buffers.

(1)

A minimum building set back of 30 feet shall be required from any portion of the tract boundary which abuts any residential zoning district. The minimum building set back from all other portions of a tract boundary shall be 20 feet, except where such tract abuts an arterial roadway where the minimum building set back shall be 75 feet. For all residential uses, the minimum building set back from the street classified as a minor arterial street or higher shall be 75 feet.

(2)

A 15-foot buffer yard and planting strip shall be provided along the entirety of a tract boundary. Existing vegetation and proposed storm water management facilities located within any required buffer yard may be used to satisfy the buffer and/or planting requirements.

(3)

Preservation of at least 50 percent of the total woodlands, within the tract, in their natural state shall be required.

(4)

A 50-foot wetland buffer shall be provided. Such wetland buffer shall be measured from the limit of a delineated wetland. Preservation of 80% of the wetland buffer its natural state so as to minimize hydrologic modifications and potential for pollution shall be required.

(5)

Standards for steep slope disturbance within those portions of the site having slopes greater than eight percent shall be as follows:

a.

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

b.

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

c.

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

(f)

Miscellaneous provisions.

(1)

For all non-residential uses, a freestanding sign may be erected on a lot that has a minimum of 100 lineal feet of frontage on a public right-of-way. Two freestanding signs may be erected on a lot fronting on a single right-of-way, provide that such lot has a right-of-way frontage of 300 feet or greater.

(2)

For all non-residential uses, the total area of any one freestanding sign on any one lot shall not exceed 80 square feet, unless both sides of the sign are visible from the street, in which cased both sides of the sign shall not exceed 80 square feet per side for a total sign area of not more than 160 square feet.

(3)

Signs that are intended to provide directory or directional information indicating the location of specific buildings or streets shall not exceed five square feet in area and five feet in height.

(4)

For all non-residential uses, all other signs not mentioned in this Chapter shall be in accordance with, and regulated by the provisions of Article XIV, sections 232-711 et seq.

(Ord. No. 2004-2, 1-14-05)

The purpose of this district is to encourage the redevelopment and revitalization of the Delaware River Waterfront area of the Township; to encourage a mixture of residential development and a mixture of residential dwelling units in the Delaware Riverfront Area; to preserve and to enhance the existing natural features and amenities of Bensalem Township in general and the Delaware River in particular; to promote conservation of on-site natural resources and to preserve landscape features and open space in the Riverfront Area; to provide special facilities to enhance existing natural features of the Riverfront Area; to encourage the planning and utilization of land in the Riverfront Area and the harmonious design, erection and use of buildings in a diversified residential/non-residential community; to offer and enhance public access to the Delaware River and to promote the development of recreational facilities in the Riverfront Area; to permit and encourage non-residential development that is compatible with the redevelopment and revitalization of the Riverfront Area and to promote the harmonious development of a variety of mixed uses in the Riverfront Area that will contribute to the overall well being of Bensalem Township and otherwise further the purposes of this chapter as set forth in section 232-1.

(Ord. No. 96-05, Art. V(511.0), 6-3-96; Ord. No. 2005-08, § 2, 9-26-05)

In any district designated as R-55, riverfront revitalization district, the applicable Subdivision and Land Development Ordinance of Bensalem Township, as amended from time to time, shall control in all respects with regard to the application, plans, review and approval for any proposed R-55 development. The proposed development shall further be subject to the applicable regulations of this article and other pertinent provisions of this chapter.

(Ord. No. 96-05, Art. V(511.1), 6-3-96; Ord. No. 2005-08, § 3, 9-26-05)

A building may be erected or used, and a lot may be used or occupied on an R-55 lot, for any of the following purposes and no other:

(1)

Any use permitted in an R-11 residential district.

(2)

Any use permitted in an R-33 residential district.

(3)

Recreation facilities, provided that they occupy not more than ten percent of the site. Recreation shall not include rural recreation facilities, except as otherwise provided in this section.

(4)

Any use accessory and ancillary to any of the foregoing uses, including but not limited to clubs, club houses, marinas, dining and lodging facilities (provided that the number of transient rooms does not exceed five percent of the total number of permitted dwelling units in the project), parking and security facilities, and such other conditional uses as may be necessary to enhance and to promote the overall purpose of the R-55 district.

(5)

Special citizen housing, pursuant to article VI of this chapter.

(6)

Any use permitted in the BP business and professional district under Article IX, Section 901 of Ordinance 96-05, as amended, section 232-434 of this Code, as amended;

(7)

College and university to the extent as permitted in PCD District.

(8)

Any use permitted in the PCD planned commerce park district under Article X Section 1002(b) of Ordinance 96-05, as amended, section 232-463(b) of this Code, as amended;

(9)

Light manufacturing uses limited to the assembly and production of fully-processed materials and subassemblies including the following previously processed and manufactured materials: pre-formed metal castings or forgings, pre-molded plastics, bone, canvas, ceramics, cork, feathers, felt, fur, glass, hair, horn, leather, paper, plastics, organic shells, rubber, and wood;

(10)

Precision manufacturing uses, which shall be defined to include, and shall be limited to activities of a similar character as, the manufacture of jewelry, clocks, watches, and professional, scientific, electronic and optical instruments, and other products not requiring the large-scale processing of raw or semi-processed materials;

(11)

Scientific research facilities and laboratories for research, testing and experimental uses, and for product research and development. Research and laboratories shall not include any uses that require the on-site use of hazardous, flammable or corrosive substances or materials, that pose a danger from fire or explosion, or involve testing or experiments that use or require animals;

(12)

Milk, soft drink, or other pre-mixed non-alcoholic beverage manufacturing, bottling, and/or distribution facilities not requiring the processing of raw or semi-processed materials;

(13)

Wholesale business facilities;

(14)

Warehousing and storage, in enclosed buildings, for retail, manufacturing, wholesale or distribution businesses including showrooms and offices in connection with the same;

(15)

Laundry, dry cleaning and/or clothes pressing plants, dying facilities, but not including the dying of fur or leather;

(16)

Manufacture of electrical appliances and supplies (including small equipment); silverware, and toys;

(17)

Light metal processing as follows: Finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing and heat treatment, extrusion of small products, metal product fabrication and assembly, manufacture of light machinery, or other similar metal processes, none of which shall require the processing of semi-processed or raw materials or the utilization of blast furnaces, smelting, alloying, or other basic processes of metal processing;

(18)

Bulk processing of wood and lumber, not including pulp and fiber reduction and processing;

(19)

Accessory uses on the same lot with, and customarily incidental to, any of the permitted uses of this section, including signs for all non-residential uses when erected and maintained in accordance with the provisions of Article XIV Section 1400, et seq. of Ordinance 96-05, as amended, [and] section 232-711, et seq. of this Code, as amended.

(20)

The following uses when restricted to a limitation of no greater than 50,000 square feet per use as defined in section 232-275:

a.

Public garage (not to include gasoline service station, self-service gasoline station, and/or gasoline dispensing facilities), automobile repairs, parking garage or lot, boat sales and repairs. As used herein, automobile means and includes a car, light duty truck and motorcycle, and shall not include tractors, tractor-trailers, truck trailers, buses, construction equipment, farm equipment, or other similar self-propelled motor driven vehicles. Public garages and automobile repair shops shall not keep or store unlicensed and/or uninspected vehicles on the premises;

b.

The processing and packing of food products, except for slaughtering;

c.

Metal and metal products treatment and processing, such as enameling, lacquering, electro-plating and stamping;

d.

The manufacture of machinery, machine and hand tools, electrical equipment and motors;

e.

The manufacture of rubber and synthetic rubber products (excluding tires and tubes);

f.

Any use of the same general character as any of the above uses of this section.

(Ord. No. 96-05, Art. V(511.2), 6-3-96; Ord. No. 2005-08, § 6, 9-26-05; Ord. No. 2009-03, § 3, 4-27-09; Ord. No. 2010-06, § I, 10-4-10; Ord. No. 2022-06, § 1, 9-27-2022; Ord. No. 2023-02, § I, 1-9-2023)

(a)

Density. The maximum density shall not exceed 3.5 dwelling units per acre.

(b)

Common open space. Forty-five percent of the gross site area of any R-55 development shall be devoted to permanent usable open space for recreation and/or private use. In calculating the open space, areas devoted to streets, curbs, sidewalks, and constructed drainage facilities may not be included. Active recreational facilities or improvements, provided those recreational facilities or improvements are devoted to active or passive recreation, may be included in the open space calculation, provided that they do not exceed five percent of the open space calculation.

(c)

Natural features. Natural amenities such as rivers, lakes, streams, woodlands, forests, wetlands shall be preserved to the extent possible with the Bensalem Township Subdivision and Land Development Ordinance and are also subject to article III, natural resource preservation district. Natural features and related open space areas shall be incorporated into the development in a harmonious fashion so as to promote environmental protection and to encourage active and passive recreation areas for residents of the PRC district.

(d)

[Minimum site area.] The minimum site area for any R-55 development shall be 30 acres.

(e)

Water and sewer. The tract to be developed must be served by public water and sanitary sewer.

(f)

Impervious coverage. Not more than 40 percent of the gross site area may be of impervious cover, including building area.

(g)

Storm drainage facilities. The tract to be developed must have adequate off-site and on-site storm drainage facilities.

(Ord. No. 96-05, Art. V(511.3), 6-3-96)

The following additional performance standards shall apply. In the event of any conflict or contradiction between performance standards and area and yard regulations, the standards set forth below shall control:

(1)

No structure shall be located within 20 feet from the edge of any street, cartway, parking access road or within ten feet from the edge of any parking area.

(2)

No building or structure shall be erected within 36 feet from any other structure or building.

(3)

All residential structures shall be set back at least 100 feet from the adjusted zoning district boundary line, which shall mean the zoning district boundary line, except where such line is covered by the right-of-way of a roadway, waterway or railroad, in which case the adjusted zoning district boundary line shall mean the adjacent curb line, floodway line, or railroad track bed line, respectively. Nothing in this section shall be construed to prohibit the erection of security facilities.

(4)

A bufferyard and planting strip shall be provided in accordance with article XIII, section 232-592(1).

(5)

Parking requirements shall comply with article XIII, section 232-586.

(6)

Private streets may be created for the R-55 development. Any private street so created shall meet the design specifications for public streets except that a cartway of 24 feet may be allowed.

(7)

Any commercial or recreational structure or building including, but not limited to, swimming pools, tennis courts, and formal garden areas, shall be sited and located so as not to interfere with the residential character of the development.

Any recreational or commercial structure shall be set back at least 150 feet from the adjusted zoning district boundary line (as defined in subsection (3) above) and shall be landscaped in such a fashion as to be screened from the public view. However, retail sales to the general public, exclusive of residents, members and their guests, shall be prohibited.

(8)

The adjacent yard requirements of Article XIII, Section 1311.2 of Ordinance 96-05, section 232-593 of this Code shall apply to all properties in the R-55 district.

(Ord. No. 96-05, Art. V(511.4), 6-3-96; Ord. No. 2005-08, § 7, 9-26-05)

In the case of condominium form of ownership, there are no minimum lot areas or yard setbacks as such. The minimum lot areas and setbacks below are intended to be equivalent lot area and setbacks to take into account flexibility of providing for condominium ownership.

(1)

Single-family detached dwellings:

a.

Minimum lot area, 5,000 square feet.

b.

Minimum lot width, 40 feet.

c.

Minimum front yard, 25 feet.

d.

Minimum side yard, ten feet.

e.

Minimum rear yard, 25 feet.

f.

Maximum height, 35 feet.

(2)

Single-family attached dwellings:

a.

Minimum lot area, 2,000 square feet.

b.

Minimum building width, 20 feet.

c.

Minimum front yard, 20 feet.

d.

Minimum rear yard, 20 feet.

e.

Maximum number of units per building, six feet.

f.

Maximum building height, 35 feet.

(3)

Semi-attached single-family dwellings:

a.

Minimum lot area, 5,000 square feet.

b.

Minimum lot width, 40 feet.

c.

Minimum front yard, 25 feet.

d.

Minimum side yard (one side only), ten feet.

e.

Minimum rear yard, 25 feet.

f.

Maximum heights, 35 feet.

(Ord. No. 96-05, Art. V(511.5) 6-3-96; Ord. No. 2005-08, § 8, 9-26-05)

Editor's note— Ord. No. 2005-08, § 8, adopted September 26, 2005, changed the title of § 232-274 from "Area and yard regulations" to "Area and yard regulations for residential uses."

Every structure erected or used in the R-55 district solely for one or more non-residential use shall comply with the following area and height regulations:

(1)

Lot area and width. A lot area sufficient in size to assure adequate facilities for disposal of industrial wastes shall be provided, but in no case shall a lot area of less than 20,000 square feet with a minimum lot width at the building set back line of 75 feet be permitted.

(2)

Building area. Maximum building area shall not exceed 35 percent of the net lot area. Impervious surface coverage, which shall be defined to include the building area, shall not exceed 55 percent of the net lot area. No less than 45 percent of the net lot area shall remain in a natural state, including grass, trees and shrubs.

(3)

Yards. Yards shall be provided as follows:

a.

Front yard. One front yard shall be provided, not less than 75 feet in depth.

b.

Rear yard. One rear yard shall be provided, not less than 30 feet in depth.

c.

Side yards.

1.

Two yards shall be provided, neither less than 20 feet in width.

2.

Where a structure is erected on a corner lot, the yard abutting the street shall not be less than 75 feet wide.

(4)

Height regulations. No building shall exceed forty feet in height exclusive of necessary mechanical equipment incidental to the principle use of the property.

(5)

Planting regulations. The bufferyard and planting strip requirements of the general planting overlay found in Article XIII, Sections 1311.0 and 1311.1 of Ordinance 96-05, section 232-592 of this Code and the adjacent yard requirements of Article XIII, Section 1311.2 of Ordinance 96-05, Section 232-593 of this Code shall apply to all properties in the R-55 district.

(6)

Use area limitations. Any use identified in subsection 232-271(20) shall not exceed 50,000 square feet of any building or lot on which the use is located. Such limitation shall include outdoor storage associated with such use. Such limitation shall not apply to any building/structure with a building area in excess of 50,000 square feet in existence prior to September 1, 2006, in which case any use identified in subsection 232-271(20) may utilize the entire building area of such pre-existing building. The burden of establishing that a building/structure with a building area in excess of 50,000 square feet existed prior to September 1, 2006 shall rest with the owner and/or applicant for a use and occupancy permit. Any attempt to exceed the use area limitations set forth herein shall not be considered an expansion of an existing non-conformity and shall therefore require a variance from the provisions of this section and subsection 232-271(20) of this zoning ordinance.

(Ord. No. 2005-08, § 10, 9-26-05; Ord. No. 2009-03, § 4, 4-27-09)

Editor's note— Ord. No. 2005-08, § 9, adopted September 26, 2005, renumbered the former § 232-275, which pertained to private amenities, as § 232-277. The historical notation has been preserved for reference purposes.

Notwithstanding and in addition to the buffer yard and planting strip requirements sets forth in section 232-592 and the adjacent yard requirements of section 232-593, whenever an R-55 residential use is located adjacent to an R-55 non-residential use a buffer yard of a minimum of 100 feet must be provided between the R-55 residential use and the R-55 non-residential use. Said buffer yard may be included and within all other yards, buffer yards and/or planting strips provided under sections 232-592 and 232-593, but if the yards, buffer yards and/or planting strips provided under sections 232-592 and 232-593 do not total a minimum of 100 feet, the property must nonetheless provide a buffer yard of a minimum of 100 feet as measured from the applicable yard line to the boundary line of the property.

(Ord. No. 2005-08, § 11, 9-26-05)

There shall be no public roads in the property. All of the maintenance of the entire development, including but not limited to street lighting, snow removal, open space, drainage areas, roads, paths, parking areas, and security shall clearly be the responsibility of the development or the homeowner or condominium association created for that purpose. The condominium association's agreement, procedures and by-laws must be approved by the Township.

(Ord. No. 96-05, Art. V(511.6), 6-3-96; Ord. No. 2005-08, § 9, 9-26-05)

Editor's note— See note at § 232-275.

The A-D apartment district is designed to provide for the continuation of apartment complexes constructed prior to 1992 and to insure that these areas remain apartments or some use of lesser density. The A-D district recognizes the need for denser, more affordable communities while accommodating the preservation of open space and environmental resources to the fullest extent possible, pursuant to section 232-2.

(Ord. No. 96-05, Art. V(512.0), 6-3-96)

A building or buildings may be erected and used, and a lot may be used and occupied in this district for any of the following purposes and no other:

(1)

Any use which is permitted in an R-22 residential district, provided such R-22 use shall conform with the area, frontage, width, yard, height and building area regulations of the R-22 district.

(2)

Apartments. Apartment structure or structures, provided that at least 60 percent of the dwelling units shall be one bedroom and efficiency apartments, and subject to all of the regulations set out below.

(3)

Accessory recreational uses incidental to the main use.

(Ord. No. 96-05, Art. V(512.1), 6-3-96)

(a)

Lot area.

(1)

Each apartment development shall contain a minimum of three contiguous acres of land.

(b)

Lot frontage and width.

(1)

Every lot on which an apartment structure is erected shall not be less than 100 feet in width at the street line.

(c)

Building area.

(1)

Not more than 30 percent of the lot area may be occupied by buildings.

(2)

Apartment buildings shall be separated from each other and any other building by a minimum of 50 feet.

(d)

Yards.

(1)

No building shall be located less than 75 feet from a street right-of-way, nor less than 75 feet from a side or rear property line. Any part of the 75 feet may be used for parking except where prohibited by article XIII, section 232-592 and the Subdivision and Land Development Ordinance.

(e)

Height regulations. No apartment building shall exceed two habitable stories in height.

(f)

Parking.

(1)

All required parking shall be provided within a development and shall not be permitted on a public road, or street intended for dedication. All parking provisions shall comply with the parking requirements of article XIII, section 232-586 and any applicable Subdivision and Land Development Ordinance regulations.

(g)

Maximum density. In no event shall there be permitted more than six dwelling units per acre (du/a) in a development of apartment dwelling units.

(h)

Impervious surface coverage. Impervious surface coverage shall not exceed 60 percent which shall include the building area.

(Ord. No. 96-05, Art. V(512.2), 6-3-96)

(a)

Signs. Signs in this district shall be in accordance with and regulated by the provisions of article XIV.

(b)

Required outdoor recreation areas. With every apartment development in this district there shall be provided on the same lot an area or areas, designated as and devoted to recreational purposes, exclusively for the residents and their guests in accordance with the following regulations:

(1)

For the first 100 apartment units, an area equal to 100 square feet per unit.

(2)

For the next 400 apartments units, an additional area equal to 50 square feet per unit.

(3)

For every unit over 500 apartment units an additional area equal to 25 square feet per unit.

(4)

The least dimension of any such recreational area shall be 50 feet.

(5)

No such recreational area shall be located within 50 feet from the boundary of a street, nor within 50 feet from any other property line bounding the premises.

(6)

Such recreational areas shall not be included in the calculation of occupied area set forth in the area regulations of this district.

(7)

Such recreational purposes shall include, but not be limited to swimming pool areas, areas for games or sports, and areas for any outdoor leisure time activity.

(c)

Location of outdoor recreational facilities.

(1)

Accessory outdoor swimming pools for apartment houses shall be so located as to be not less than 50 feet from the street or any property line bounding the premises. The swimming pool area must be enclosed by a structure of a height of not less than four feet, and access to said pool area shall be through a gate or gates of the same height which can be secured and closed by locks.

(2)

Accessory recreational facilities (except swimming pools) for apartment houses shall be so located as to be not less than 50 feet from the street or any property line bounding the premises, and 50 feet from any building erected on the premises.

(d)

Screen planting and bufferyards.

(1)

The planting and bufferyard requirements for this district are found in article XIII, section 232-592.

(e)

Fire lanes. Fire lanes shall be provided and marked in accordance with Bensalem Township Fire Prevention Ordinance No. 93-15.

(Ord. No. 96-05, Art. V(512.3), 6-3-96)

R-66 intergenerational residential community districts are designed to provide residential open space and related amenities in a planned community where age restricted housing and non-aged restricted housing and open space are planned in a harmonious design that allows interaction between generations.

(Ord. No. 2006-01, Art. I, 1-23-06)

In any district designated as R-66, intergenerational community, the applicable subdivision and land development ordinances of the Township shall control in all respects with regard to the application, plan review and approval for any proposed R-66 development, unless modified herein.

(Ord. No. 2006-01, Art. I, 1-23-06)

A building may be erected or used, and a lot may be used or occupied on an R-66 lot, for any of the following purposes and no other:

(1)

Single-family detached dwelling.

(2)

Multiple dwelling occupied only by special citizens (as defined in subsection 232-313(1)).

(3)

Ancillary services uses customarily incidental to intergenerational communities, including but not limited to recreational facilities, exercise and wellness equipment, group meeting rooms, library and music rooms, and craft rooms.

(Ord. No. 2006-01, Art. I, 1-23-06)

(a)

Maximum density. The maximum density within an intergenerational residential community shall not exceed 2.25 dwelling units per gross acre.

(b)

Dwelling mix. The multiple dwelling component of an intergenerational residential community development shall be comprised of no more than 65 percent of the total number of approved dwelling units, and the single-family detached dwelling component of an intergenerational residential community development shall be comprised of no less than 35 percent of the total number of approved dwelling units.

(c)

Required covenants. Before any building permit issues for any multiple dwelling use permitted in an intergenerational residential community development, the owner/developer shall present evidence that it has filed in the land records of Bucks County a suitable declaration of covenants and restrictions acceptable to and enforceable by the Township restricting the use of any multiple dwellings for use by special citizens in accordance with section 232-312 and subsection 232-313(1).

(d)

Minimum gross site area. The minimum gross site area shall be 60 acres. The minimum site area may be separated by existing roadways provided the intergenerational community is linked with common amenities.

(e)

Common open space. Forty percent of the gross site area of any R-66 development shall be devoted to permanent open space. In calculating the open space, areas devoted to streets, curbs, sidewalks, and constructed drainage facilities may not be included. Open space may include up to five percent of the total open space as active recreation. The remaining open space shall be passive open space, preserving existing natural features and amenities of the Township. Passive open space shall include walking paths and trails.

(f)

Water and sewer. The tract to be developed shall be served by public water and sewer.

(g)

Impervious coverage. Not more than 30 percent of the net site may be of impervious cover.

(h)

Storm drainage facilities. The tract to be developed must have adequate off-site - on-site drainage facilities.

(Ord. No. 2006-01, Art. I, 1-23-06)

The following performance standards shall apply. In the event of any conflict or contradiction between performance standards and standards established within the subdivision or land development ordinance or zoning ordinance, the standards set forth below shall control:

(1)

No structure shall be located within 50 feet of any adjacent industrial use.

(2)

Private streets may be created for the R-66 development. Streets and drives servicing the multi-family component may be designed with parking courts, provided the accessways are designed to proved safe and navigable ingress and egress for emergency vehicles and services.

(3)

A buffer and planting strip of 25 feet shall be required along the property boundary of each adjacent property which contains an industrial use. Such buffer and planting strip shall be in addition to rear or side yards for single-family detached dwellings. Existing vegetation along property boundary lines may provide the required plantings, provided that they serve the purpose of the required planting strip and are approved by the Township Engineer.

(4)

Parking required within the multi-family component shall be 2.4 spaces per dwelling unit.

(5)

Parking required within the single-family detached component shall be two spaces per dwelling unit.

(6)

Any commercial or recreational structure or building, including but not limited to swimming pools, tennis courts, and formal garden areas, shall be sited and located so as not to interfere with the residential character of the development.

(7)

All single-family detached residential structures where garages are provided shall comply with the following architectural performance standards:

a.

No more than 20 percent of the attached garages shall have entry doors on the front facade of the dwelling unit.

(Ord. No. 2006-01, Art. I, 1-23-06)

(a)

Single-family detached dwelling lots.

(1)

Minimum lot area = 12,000 square feet.

(2)

Minimum lot width at building line = 90 feet.

(3)

Minimum front yard = 30 feet.

(4)

Minimum side yard = 5 feet minimum, 30 feet aggregate with minimum distance between dwellings no less than 20 feet.

(5)

Minimum rear yard = 35 feet.

(6)

Maximum building height = 35 feet.

(b)

Multi-family buildings.

(1)

Maximum number of units per building = 12.

(2)

Minimum building spacing = 50 feet.

(3)

Minimum building setback:

a.

Property lines = 50 feet.

b.

Ultimate right-of-way = 50 feet.

c.

Pennsylvania Turnpike = 75 feet.

d.

Access drives = 20 feet.

e.

Parking = 20 feet.

(4)

Maximum number of stories = 3.

(5)

Maximum building height = 45 feet.

(Ord. No. 2006-01, Art. I, 1-23-06)

The purposes and objectives of the MXD district are the following:

(1)

To provide for the development of land fronting on the Delaware River incorporating residential and non-residential uses, customarily associated with waterfront development;

(2)

To maintain and maximize the aesthetic views provided along the Delaware River;

(3)

To provide for a fully integrated, compact, pedestrian oriented neighborhood with a variety of uses, block sizes, and building types together with pedestrian friendly landscaped streets, public recreation areas and green/open spaces;

(4)

To minimize suburban sprawl, infrastructure costs and environmental degradation through more efficient, compact development;

(5)

To encourage innovations in residential and non-residential development and high quality neighborhood design and architectural standards that enhance the visual character of the neighborhood and of the Township;

(6)

To promote economic development through the adaptive reuse and/or redevelopment of under utilized land including infill development of irregular sites, and the renewal of former or marginal industrial sites along the riverfront, including those requiring environmental remediation;

(7)

To increase the availability of market rate housing and office/commercial/retail uses along the Delaware River Waterfront and within walking distance of public transportation routes and a planned Delaware Riverfront trail network;

(8)

To provide greater public access to the Delaware River and adjacent greenspace for passive and active recreation; and

(9)

To accomplish these objectives recognizing a waterfront development poses unique issues relating to natural resource standards because of the land proximity to the Delaware River.

(Ord. No. 06-04, § 1, 3-13-06; Ord. No. 06-10, § I, 9-25-06)

Any of the following uses or combination of such uses shall be permitted in a Mixed-Use Waterfront Development ("MXD") district subject to the further requirements of sections 232-310.3 through 232-310.6

(1)

Mixed-use buildings. A building including a combination of permitted residential uses, non-residential uses, and accessory uses.

(2)

Non-residential uses.

a.

A municipal use, excluding a municipal auditorium, amphitheatre, pavilion or other similar municipal structure used as a municipal place of assembly.

b.

Commercial—Office and services.

c.

Commercial—Retail uses.

d.

Restaurants (including outdoor cafe).

e.

Marina, including related accessory buildings and facilities.

f.

A clubhouse, community center, or community room for use by the residents of the MXD development where the clubhouse or community room is located.

g.

Recreational and fitness facilities, e.g. outdoor exercise area, playground area, fitness trail, fitness club.

(3)

Residential uses.

a.

Single-family detached dwellings.

b.

Single-family attached dwellings, including duplexes and townhouses.

c.

Multiple dwellings.

1.

For properties on which at least 50 percent of the net lot area contains environmentally contaminated areas as defined in section 232-310.3: Multifamily dwellings, including but not limited to townhouse over townhouse; townhouse over flat(s); flat(s) over townhouse; low-rise condominiums; mid-rise condominiums not to exceed ten stories including parking levels. No more than two mid-rise condominium buildings may be included in any MXD development and no more than 35 percent of the total number of dwelling units that comprise the MXD development may be located in the mid-rise condominium buildings.

2.

For properties on which a minimum of 50 percent of the net lot area consists of floodplains as defined in sections 232-310.3 and 232-310.4: Multifamily dwellings, including but not limited to townhouse over townhouse; townhouse over flat(s); flat(s) over townhouse; low-rise condominiums; mid-rise condominiums not to exceed ten stories including parking levels.

(4)

Accessory uses.

a.

Parking spaces (including parallel, angled, and perpendicular spaces), parking lots, multi-level parking structures and garages (stand alone, incorporated within or adjoining a mixed-use building, residential uses and/or non-residential uses).

b.

Stand alone structures incorporated within or adjoining mixed-use, principal residential and/or principal non-residential uses, e.g. community entry features, dock house for marina operator, parking stand for valet.

(Ord. No. 06-04, § 1, 3-13-06; Ord. No. 06-10, § II, 9-25-06; Ord. No. 2021-04, §§ 17, 18, 8-23-21)

(a)

Site requirements.

(1)

Minimum net lot area: 30 acres. This requirement may be met by combining one or more pre-existing lots. Further, not less than 50 percent of the net lot area of the entire MXD development shall consist of one or more pre-existing Lots that contain environmentally contaminated areas that are proposed to be remediated pursuant to the Federal Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.), under the supervision of the United States Environmental Protection Agency (EPA), and by the state department of environmental protection (DEP) under Pennsylvania's Land Recycling and Environmental Remediation Standards Act (Act 2) (35 P.S. §§ 6026.101—6026.909); or, in the alternative, not less than 50 percent of the net lot area of the entire MXD development shall consist of one or more pre-existing lots that contain floodplain.

(2)

Maximum density ^[5]: 14 dwelling units per acre of lot area.

(3)

Maximum site impervious surface ratio: 70 percent of net lot area.

(4)

Minimum open space: 25 percent of net lot area. Notwithstanding the definition of "open space" in subsection 232-6(a), in the MXD district, the term "open space" shall include parks, plazas, outdoor recreation facilities, gardens, waterways, public accessways, riverwalks, and undevelopable lands, such as steep slopes, floodplains, wetlands.

(5)

Maximum building height: 145 feet (ten stories).

(b)

Setbacks.

(1)

Except for setbacks from State Road as described in subsection (2) below, the minimum setbacks from the MXD tract boundary shall be as follows:

a.

50 feet for residential buildings.

b.

20 feet for non-residential buildings.

(2)

Minimum building setback from State Road: 20 feet from ultimate right-of-way line.

(3)

Minimum building setback from street right-of-way: Zero feet.

(4)

Minimum building setback from sidewalk: Zero feet.

(5)

Minimum building setback from curb line: Six feet.

(6)

Minimum separation between buildings: Ten feet.

(7)

Minimum distance from wetlands: 20 feet.

(c)

Parking requirements.

(1)

Parking spaces within garages and on-street parking spaces may be included in the calculation of, and toward the satisfaction of, the parking requirements of the MXD district provided that applicant demonstrates provision for storage elsewhere [within the dwelling or/on-site].

a.

Residential: Overall spaces provided in the MXD district shall be not less than two and one-half spaces per dwelling unit. ^[6]

b.

Commercial-offices and services: Three spaces per 1,000 square feet of gross leaseable area during weekdays and one-half space per 1,000 square feet of gross leaseable area during weekends.

c.

Commercial-retail uses: Three and eight-tenths spaces per 1,000 square feet of gross leaseable area during weekdays and four spaces per 1,000 square feet of gross leaseable area during weekends.

d.

Restaurants: 12 spaces per 1,000 square feet of gross leaseable area during weekdays and 15 spaces per 1,000 square feet of gross leaseable area during weekends.

e.

Marina: One-fourth space per boat slip on weekdays and one-half space per boat slip on weekends;

f.

Clubhouse: One-half space per 1,000 square feet of usable area.

(2)

Parking space dimensions.

a.

Perpendicular parking space: Nine feet × 18 feet.

b.

Parallel parking space: Seven feet × 22 feet.

c.

Angled parking space: Nine feet × 18 feet.

d.

Handicapped parking stall: 12 feet × 18 feet.

(3)

Shared parking. Where the MXD development contains a mixture of residential and non-residential uses, the Township may reduce cumulative parking requirements for the MXD development if it is demonstrated that peak requirements of various uses are complementary and occur at different times. The MXD development shall provide information regarding the characteristics of each proposed use and its parking utilization during peak and off-peak demand periods. For non-residential uses, the MXD development shall provide information regarding employees, including shift and schedule characteristics and for customer intensity and turnover during peak periods. The MXD development shall demonstrate that each use works consistently with the shared parking provisions and the parking management plan for the MXD development. The shared parking demand for an MXD development shall be calculated by preparing a shared parking study of all uses within the MXD development based upon the following methodology and consistent with professionally recognized methodologies:

Step 1: Evaluate the mix of land uses in the proposed MXD development, including base parking demand, types of uses, non-residential square footage, dwelling unit numbers and type;

Step 2: Adjust parking demand to account for mix of land in the MXD development, uses, location of uses in relation to available parking, adjacency and convenience of parking spaces, time of day factors, day of week factors, seasonal factors, availability of mass transit and pedestrian accommodation and connectivity;

Step 3: Analyze hourly accumulation of parking demand for weekdays and weekends for each of the proposed land uses; and

Step 4: Document shared parking demand conclusions.

(4)

A parking management plan shall be prepared by the applicant which identifies the following:

a.

The locations and times of any shared parking;

b.

The locations of any dedicated parking for an individual use or building; and

c.

The mechanisms for shared and dedicated parking spaces for each use.

This parking management plan shall be presented to the Township for a determination of compliance and shall be submitted to the Township annually.

(5)

Any MXD approved with shared parking shall be required to submit each change of use and occupancy to the zoning officer to be reviewed for compliance with the provisions of the shared parking plan and parking management plan. The MXD development shall provide information regarding the type of use and its parking utilization characteristics. The zoning officer shall review, among other things, parking demand, utilization periods, adjacency and conveniences or intensity of any use to make a determination of compliance with the shared parking plan and the parking management plan, and should the zoning officer determine that the MXD development is not in compliance with the shared parking plan or the parking management plan, the zoning officer shall notify the owner and/or the property owners' association of the MXD development of the corrective action necessary to bring the MXD development into compliance with the shared parking plan and the parking management plan.

(Ord. No. 06-04, § 1, 3-13-06; Ord. No. 06-10, § III, 9-25-06)

(a)

Special requirements for MXD development.

(1)

The site should be developed in a manner whereby buildings shall front toward the river, streets and common open spaces. Access to and orientation of parking lots and garages shall generally minimize the visual impact of the same from the streets and common open spaces. Not less than 80 percent of townhouse garages shall be accessed from a rear lane or a parking structure. Driveways may traverse front yards to provide access to parking facilities.

(2)

Front entries may be accentuated by a variety of architectural elements including entrance porches and stoops. Porches and stoops may project up to four feet into a required separation distance. Other architectural appurtenances such as chimneys, cornices, bay windows, stairs, architectural trim and similar accessories shall not be considered when determining minimum separation distances in this division.

(3)

The development of a tract as an MXD development shall include open space along the Delaware River waterfront. This open space shall incorporate the following elements in its design: provision for the preservation of suitable existing vegetation in this area as features of this space, a pedestrian walkway and/or riverwalk (which shall run along the entire length of the Delaware River waterfront and shall be open and accessible to the general public), benches and trash receptacles, landscaping (including lawn, trees and shrubs), and lighting that creates a warm inviting evening ambiance. Maintenance of the open space shall be assumed by the entity in ownership. Open space must be available for public use and access and shall be limited only by posted hours as approved by the Township in accordance with the requirements of the Township and subdivision and land development ordinance. Open space may be dedicated to the Township or held in ownership by a property owners' association.

(4)

The primary building cladding material for principal buildings that front toward a street or public space shall be natural materials such as brick, stucco, manufactured or natural stone, and/or cementicious clapboard or cast cement. The same criteria of material and color shall apply to walls located within or defining front yard areas.

(5)

All structures intended for human occupancy (other than stand alone structures, such as parking stands for valet, dock house for marina operator, or other similar structures for temporary use) shall be fully sprinklered for fire suppression purposes.

(b)

Street design criteria.

(1)

Streets shall be designed to promote low design speeds that promote a safe and pedestrian friendly atmosphere. Traditional street design features may include shade trees, site landscaping, lighting and/or sidewalks.

(2)

Sidewalks along collector streets shall be not less than five feet wide and not less than four feet wide elsewhere.

(3)

Lighting of sidewalks, lanes and streets shall be provided by wall mounted light fixtures and/or street lights.

(c)

Street design standards. Streets in an MXD development shall be designed to the following standards:

(1)

Minor collector streets:

a.

Minimum width of travel lane: Nine feet.

b.

Minimum width of parallel parking lane: Seven feet.

(2)

Local streets:

a.

Minimum width of travel lane: Nine feet.

b.

Minimum width of parallel parking lane: Seven feet.

(3)

Rear lanes:

a.

Two-way: 14 feet.

b.

One-way: 12 feet.

c.

Minimum cartway width: 12 feet. ^[7]

(4)

Centerline radii: 24.5 feet.

(d)

Special floodplain regulations. Recognizing that lands located within the MXD district lie along the Delaware River and are therefore impacted by the floodplain of the river, and recognizing further that certain lands located within the MXD district require remediation to resolve environmental concerns, special floodplain regulations are needed to facilitate the development of lands located within the MXD district consistent with the intent of the district. In the MXD district, the following floodplain regulations shall apply in lieu of any inconsistent provisions of section 232-58. In the case of any conflict between the regulations in this section and those found in section 232-58, this section shall supersede and apply in lieu of the regulations in section 232-58.

(1)

Subsection 232-58(5)a.4. shall not be applicable to the calculation of gross acres of lot area or net lot area for an MXD development.

(2)

Fill may be put or placed in floodplain areas without the requirement to obtain a special exception or variance where it is required in order to implement a remediation plan approved by the state department of environmental protection (DEP) and/or the Environmental Protection Agency (EPA); or in the absence of an approved environmental remediation plan, where the necessary permits, if any, have been approved by DEP, the United States Army Corps of Engineers, the Federal Emergency Management Agency (FEMA) and/or any other governmental and/or regulatory agency having jurisdiction over the filling of floodplains.

(3)

Where fill is placed in a floodplain area in accordance with a remediation plan approved by the DEP and/or the EPA, or, in the absence of an approved environmental remediation plan, in accordance with the necessary permits, if any are required, issued and/or approved by DEP, the Army Corps of Engineers, the Federal Emergency Management Agency (FEMA) and/or any other governmental and/or regulatory agency having jurisdiction over the filling of floodplains, the floodplain on the affected property shall be determined based on the elevation of the surface of the ground as determined after completion of the remediation work and/or the installation of fill.

(4)

The following uses shall be permitted uses in the floodplain areas:

a.

Any use permitted pursuant to subsections 232-58(5)a.1., a.2., and a.3.

b.

Streets, roads, alleys, parking areas, riverwalks, sidewalks and bike/pedestrian paths.

c.

Structures, including but not limited to building foundations or parking structures, provided that the floor elevation of any floor intended for human occupancy shall be not less than 18 inches above the established 100-year flood elevation.

d.

Utility facilities, including but not limited to water lines, sanitary sewer lines, gas mains, and telephone, electric and cable television facilities.

(Ord. No. 06-04, § 1, 3-13-06; Ord. No. 06-10, § IV, 9-25-06)

In order to encourage innovation in residential and non-residential development and renewal which makes use of the MXD form of development, so that the growing demand for housing and other development may be met by greater variety in type, design, and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses, specific area or dimensional requirements shall be consistent with the intent of the MXD and the provisions of this division; provided that all buildings shall be located and designed so as to conform to the site design standards set forth in section 232-310.4.

(Ord. No. 06-04, § 1, 3-13-06)

In recognition of the fact that the design standards for an MXD are unique and that an MXD is not consistent with any other type of development permitted in the Township, the Township acknowledges that conflicts may arise among and between the provisions of the mixed-use waterfront development (MXD) district, other provisions of the zoning ordinance, and the Township subdivision and land development ordinance. The following standards shall be used to resolve such disputes:

(1)

Zoning ordinance conflicts. In the event the provisions of this mixed-use waterfront development (MXD) district are inconsistent with any other provision of the zoning ordinance, the provisions of this mixed-use waterfront development (MXD) district shall supersede and apply in lieu of such inconsistent provisions as interpreted by the zoning officer and Township Solicitor.

(2)

Subdivision and land development ordinance conflicts. Where the standards set forth in this mixed-use waterfront development (MXD) district are inconsistent or in conflict with any express standard set forth in the subdivision and land development ordinance, the provisions of this mixed-use waterfront development (MXD) district shall supersede and apply in lieu of such inconsistent provision as interpreted by the Township Engineer and Township Solicitor.

(Ord. No. 06-04, § 1, 3-13-06; Ord. No. 06-10, § VI, 9-25-06)

The purposes and objectives of the MUR District are the following:

(1)

To provide for the ever-growing need for housing for special citizens as defined in section 232-313 of this division.

(2)

To accommodate housing needs for families that wish to live in close proximity to special citizens.

(3)

To provide for an integrated community of mixed housing types which would minimize suburban sprawl through more efficient, compact development.

(4)

To encourage innovations in residential and high quality neighborhood design and architectural standards and enhance visual character of the neighborhood and the Township.

(5)

To increase the availability of market rate housing where professional services and commercial facilities already exist.

(Ord. No. 2019-05, § 1, 3-25-19)

A building or buildings may be erected or used, and/or a lot may be used or occupied, on an MUR lot for a combination of any two or more of the following uses and/or purposes, and no other, subject also to the further requirements of § 232-310.9 through § 232-310.11:

(1)

Senior living campus. A senior living campus shall include any two or more of the following uses for special citizens:

a.

Independent living units.

b.

Dependent living units.

c.

Personal care units/facility.

d.

Assisted care or assisted living units/facility.

e.

Memory care units/facility.

f.

Skilled nursing units/facility.

(2)

Active adult leased units. Private residential dwelling units containing no more than two bedrooms to be occupied by special citizens.

(3)

Townhouse dwelling units as defined in section 232-254(2)a.1. of the Zoning Ordinance. Townhouse dwelling units are not required to be age restricted nor restricted to use by special citizens.

(4)

Cemetery.

(5)

Library, archives or museum when located in an historic structure.

(6)

Passive and/or active outdoor non-commercial recreation facilities;.

(7)

The following uses when accessory and/or ancillary to any of the foregoing senior living campus or active adult leased unit uses and when located within a building or structure that (a) has a senior living campus or active adult leased unit use as its principal use or (b) is an historic structure, provided such accessory and/or ancillary uses are limited only to the residents of the subject MUR property and their guests, and provided that such accessory and/or ancillary uses, and the goods and/or services associated therewith, are not advertised or marketed to persons other than residents of the subject MUR property:

a.

Adult;

b.

Long term support services;

c.

Home care and home health care services;

d.

Medical offices and clinics including, but not limited to, physical, occupational and speech therapy services;

e.

Office serving the on-site staff or employees of the operator of the senior independent living campus;

f.

Community clubhouse structures and/or facilities;

g.

Common dining facilities;

h.

Restaurant where food is consumed within the building. Drive-in and/or drive-thru restaurants are prohibited.

i.

Retail stores for the sale of durable and nondurable household consumable goods and including, but not limited to, card shops, gift shops, and pharmacies;

j.

Personal service shop or custom shop, such as a bakery, candy, ice cream or similar shops, custom tailoring or millinery shop, clock, watch or jewelry shop, or beauty, barber and shoe repair shop, provided that:

1.

Any article made shall be sold at retail from the premises; and

2.

The area devoted to processing shall constitute not more than 40 percent of the gross floor area of the shop.

k.

Bank or similar financial institution, but without drive-in and/or drive-thru facilities.

l.

Indoor recreation structures and/or facilities;

m.

Overnight accommodations for guests of the residents of a senior living campus.

(8)

The following uses when accessory and/or ancillary to any of the foregoing senior living campus, active adult leased unit, or townhouse dwelling unit uses:

a.

Clubhouse building for the townhouse dwelling units;

b.

Civic uses such as community center building or meeting hall;

c.

Chapel, sanctuary, prayer hall or similar area where religious worship and/or prayer services, weddings and funerals are held.

(Ord. No. 2019-05, § 1, 3-25-19)

The following requirements shall apply to the independent living unit component of a mixed use residential community:

(1)

Independent living units shall mean private residential dwelling units containing no more than two bedrooms to be occupied by residents, at least one of whom is a special citizen, with various social, medical and support services including, security and 24-hour-monitoring, emergency call system, local transportation, housekeeping, and laundry services, together with accessory uses appropriate for allowing independent older adults to age in place.

(2)

The minimum unit size for each dwelling unit in the senior living campus occupied by one resident shall be 500 square feet. The minimum unit size for each dwelling unit occupied by two residents shall be 700 square feet.

(3)

No more than two residents shall be permitted to reside in any dwelling unit plus a caregiver.

(4)

Each dwelling unit shall contain a kitchen, fully private bathroom (including toilet, bathtub and/or shower and vanity/sink), personal closet space, emergency call systems, lockable private entry doors accessible by master key or similar system, and pre-wiring for private telephone, internet and television reception.

(5)

A minimum of 40 square feet of floor area per independent living unit shall be provided within the senior living campus and/or the historic structures for common dining facilities, indoor recreation facilities, and/or other similar common or community areas.

(6)

Common dining facilities shall include a private dining room available for use by senior living campus residents and their families and guests.

(Ord. No. 2019-05, § 1, 3-25-19)

The following area, bulk, density, dimensional, building height, parking and buffer regulations shall apply to the MUR-District use:

(1)

Tract area and frontage requirements:

a.

The total tract area shall contain a minimum of 40 gross acres of land.

b.

The total tract area shall have a minimum of 400 feet of frontage on an accessible improved legal public right-of-way.

(2)

Lot area standards:

a.

Lots created to allow for separate ownership of facilities shall contain the minimum area necessary to contain entire building and where practicable, those associated improvements to be utilized solely for that facility.

b.

Subdivided lots are not required to have frontage on public streets, however, cross access easements shall be provided for all lots that do not have such public street frontage.

c.

Community utility and maintenance easements shall be provided for shared infrastructure that is not constructed on a created lot, but will be utilized by that facility on the new lot.

d.

No internal setbacks or buffers are required for newly created lots with the exceptions of those portions of the lots abutting the tract perimeter.

(3)

Use and dwelling unit mix.

a.

A minimum of 30 percent and a maximum of 80 percent of the units within the community shall be senior living campus units. For each other residential use to be included within the community, there shall be a minimum of five percent of the total units within the community comprised of each such use.

b.

In no case shall active adult leased units comprise more than 40 percent of the total units within the community.

c.

In no case shall townhouse dwelling units comprise more than 15 percent of the total units within the community.

(4)

Density.

a.

The total density for all uses shall be a maximum of 15 units per acre of the total tract area.

b.

The townhouse dwelling buildings shall contain a minimum of two units and a maximum of five dwelling units per building and shall have a maximum building length of 160 feet.

(5)

Building coverage. A maximum building coverage shall not exceed 35 percent of the overall tract area.

(6)

Impervious surface coverage. A maximum impervious surface coverage for combined building and non-porous surfaces shall not exceed 70 percent of the total tract area.

(7)

Yard setbacks.

a.

Front yard - 15 feet from internal roadways and 50 feet from external roads.

b.

Side yard - Ten feet from side lot lines.

c.

Rear yard - 15 feet wide with suitable provisions for landscape buffer where such rear yard is adjacent to a public road.

(8)

Building height. The maximum building height measured from the average finished grade to mean of the highest roof shall be 35 feet for attached single family residential uses. The maximum height for all other uses shall be the greater of five stories or 80 feet. Towers, spires or other non-habitable architectural features shall be allowed to be constructed 20 feet higher than the maximum building height.

(9)

Parking. Except as set forth below, parking shall be provided in accordance with the regulations set forth in section 232-586 of this division. Parking regulations specific to the MUR District are as follows:

a.

Senior independent living building - 1.0 space per dwelling unit, of which 0.25 spaces per unit may be held in reserve, which spaces may include parking garage and designated shared or common parking spaces.

b.

Personal Care units/facility, assisted care or assisted living units/facility, memory care units/facility, skilled nursing units/facility - 0.25 spaces per dwelling unit, which may include parking garage and designated shared or common parking spaces.

c.

Apartment building - 1.5 spaces per dwelling unit, which may include parking garage and designated shared or common parking spaces.

d.

Townhouse dwelling units - 3.5 spaces per dwelling unit.

e.

Accessory clubhouse building for townhouse dwelling units - 1.0 space per 200 square feet of floor area.

(10)

Roads. The private internal roads and parking lot drive aisles shall have widths varying from 24 to 28 feet wide for two-way traffic.

(11)

Sidewalks. Sidewalks shall be provided on at least one side of all internal roads. Additional sidewalks and walking trails shall be installed to provide for proper pedestrian circulation and as part of required outdoor recreation facilities.

(12)

Community association. A community association shall be created for the ownership, maintenance and repair of roads, drives and such other shared facilities, including but not limited to, sidewalks, curbs, parking lots, open space, amenities, stormwater management facilities, utility infrastructure, landscape plantings, recreation facilities and other common and/or shared facilities. None of the common and/or shared facilities described herein shall be owned by nor dedicated to the Township.

(13)

Historic structures. If the tract area contains any historic structures, any proposed development shall incorporate the primary historic structures and provide for their continued use. If one or more historic structures are proposed to be used for a use that is not set forth as a principal use in section 232-310.8.(1)—(6)., then the use of each such historic structure shall be governed in all respects by the Historic Resources Overlay, section 232-347 et seq. Any approval of a proposed development shall be conditioned upon the grant to the Township of one or more conservation easements and/or other similar covenants, acceptable in form and content to the Township, for the protection and preservation of all such historic structures by the owner of the same. If, at any time, the owner of an historic structure believes that the use or reuse of an historic structure is not functionally or technically viable, approval for the demolition of the historic structure may be granted by the Township Council. In no case shall an historic structure be demolished without the approval of the Township Council.

(Ord. No. 2019-05, § 1, 3-25-19)

The following building setback, spacing, buffering, screening and open space requirements shall apply to the MUR - District use:

(1)

Lot area and width. There shall be no minimum lot size or dimension, as the required mix of residential uses will be governed by either or both Pennsylvania's Planned Community Act and/or Uniform Condominium Act.

(2)

The minimum setback for buildings along a private street shall be 12 feet from face of curb or cartway if no curb is present.

(3)

Buildings shall be setback a minimum of ten feet from parking spaces or parking lot drive aisles.

(4)

The minimum distance between buildings (not including decks, patios and accessory structures) shall be 15 feet regardless of the orientation of the buildings.

(5)

Senior living campus buildings may be interconnected by climate controlled and sprinklered walkways, either at ground level or elevated, appropriate for access between buildings within the campus. Such interconnection shall not be deemed to violate the minimum distance between buildings as set forth hereinabove.

(6)

Buffer and screening requirements. The buffer and screening provisions of § 232-592(1) and (2) shall apply; provided, these buffer and screening requirements shall apply solely to the perimeter of the development property and do not establish any requirement for screening or buffering internally between the various uses proposed. Where portions of the development property are not proposed for development in proximity to existing adjoining residential development, these buffer and screening requirements shall not apply if the development property has existing woodlands, wetlands and natural features that provide comparable buffer and screening for those areas. The required minimum side and rear yard setbacks areas may be utilized coincidentally with the required buffer width. Stormwater basins may be located within required buffer areas.

(7)

Open space. At least ten percent of the tract area shall be preserved as open space for the protection of sensitive natural features, scenic views and other unique features. Portions of the open space shall allow for active or passive recreation use and access by the community through trails or other similar means. A cemetery may be located within the preserved open space, but may not account for more than forty percent of the required open space.

(Ord. No. 2019-05, § 1, 3-25-19)