The SCH special citizen housing use is formulated to serve the growing demand for safe, sanitary, affordable, well-located and well-constructed housing for elderly and handicapped persons with units that are specifically designed to provide the special facilities and amenities required by the elderly and handicapped residents of the Township; to encourage a more efficient use of land and public services for the benefit of those elderly and handicapped persons.

(Ord. No. 96-05, Art. VI(600), 6-3-96)

Special citizen housing use shall mean the erection, occupation, or use of buildings or lots for housing special citizens, as defined in section 232-313, and support and ancillary facilities necessary for both independent living and assisted care programs.

(Ord. No. 96-05, Art. VI(600.1), 6-3-96)

The term "special citizen" shall be construed throughout this article to include the following persons and the following meanings:

(1)

Special citizens. Persons 55 years of age or older or those persons defined as elderly by the United States of America or the Commonwealth of Pennsylvania in connection with and for purposes of housing programs either by reason of age or physical impairment or other criteria even though said persons are younger than 55, and their spouses. Only those persons who meet the within definition may occupy special citizen housing on a permanent basis, except that children and stepchildren under the age of 21 may reside with a parent or stepparent in special citizen housing for no more than three months in any one calendar year. The requirements of this section shall be included in a recorded Declaration of Covenants and Restrictions which shall be specifically enforceable in equity by the Township, and by any owner of a dwelling unit.

(2)

Handicapped persons Those persons designated as handicapped by regulations of the United States of America or Commonwealth of Pennsylvania either by reason of age, physical impairment or other criteria in connection with or for purposes of housing programs, and their spouses.

(Ord. No. 96-05, Art. VI(600.2), 6-3-96; Ord. No. 99-8, § 1A, 2-11-99)

SCH developments shall only be permitted in residential districts. When a lot is used for SCH purposes, the following requirements shall be satisfied:

(1)

Lot area. Each SCH development shall have a net lot area not less than ten contiguous acres. Net lot area shall be defined as in section 232-6(a).

(2)

Lot frontage and width. The lot frontage and width of an SCH development shall not be less than those required in the district in which it is located.

(3)

Building area. The building area of an SCH development shall not exceed that for the district in which it is located.

(4)

Open space ratio. The ratio of open space to the gross land area shall not be less than 50 percent.

(5)

Yards. Where a building is erected for an SCH development, front, rear and side yards shall be provided on each lot as follows:

a.

Frontyard.

(1)

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

b.

Sideyards.

(1)

Two side yards shall be provided, each not less than 50 feet; except that in the case of a corner lot, the frontage on both streets shall be considered front yards.

c.

Rearyard.

(1)

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

d.

Minimum distance between buildings shall be that of the district in which it is located.

(6)

Height Regulations. The maximum height of any building shall be or may not exceed four stories and/or 50 feet. However, for each foot in height greater than the maximum allowable height in the district, the front yard/side yard/rear yard setback requirements shall be increased by one foot.

(7)

Parking. Parking in an SCH development shall comply with the parking requirements of article XIII, section 232-586 except that ten percent of the required parking spaces shall be handicapped accessible and 30 percent of the remaining spaces shall be ten feet wide.

Handicapped accessible parking shall be spaced appropriately throughout the development for convenient access to all buildings.

(8)

Maximum density. The density of an SCH development shall not exceed six dwelling units per acre.

(9)

Common entrance driveway. The central common entrance to any building used for skilled nursing or assisted living facilities shall be serviced by a triple lane looped driveway for the purpose of the loading and unloading of passengers.

(10)

Ramps. Where housing is intended for handicapped persons, all entrances and exits to any buildings shall be provided with handicapped entry ramps.

(11)

Streets. Each SCH housing development shall have access to at least one street which has a right-of-way not less than 50 feet.

(12)

Site plan submission. Site plans submitted for an SCH housing development shall conform to the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, Section 606 as amended, 53 P.S. § 10606, and the Subdivision and Land Development Regulations of the Township of Bensalem in effect at such time and shall submit to the land development review pursuant to Bensalem Township Subdivision and Land Development.

(13)

Recreation Areas. No site plan shall be approved that does not set aside for park or recreation purposes an area equivalent to at least 20 percent of the net lot area which may be part of the 50 percent required in article VI, section 232-314(4). Site plans shall also meet any applicable recreation requirements applicable to that district.

(14)

Assisted care facilities. Any or all of the residential units, with the exception of single-family detached dwelling, may be designated as assisted care units utilizing central facilities including food service, personal assistance and recreational needs.

(15)

Impervious surface coverage. Impervious surface coverage shall not exceed 40 percent of the net lot area.

(16)

Exception to requirements. Whenever a building contains four or more dwelling units, the following additional regulations shall apply:

a.

The minimum individual yard requirements set forth in section 232-314(5)a., b., and c. shall not be applicable.

b.

The separation distance between the buildings shall be a minimum of 50 feet.

c.

The distance between any building and the curbline of any private street or access way shall be 20 feet for any dwelling unit without a garage and 35 feet for any dwelling unit with a garage.

(17)

Buffer. When the side or rear property lines are adjacent to a residential district or use, a 50-foot wide buffer yard shall be provided. The buffer yard may be included within the required building setback yard area. The following standards shall apply:

a.

The 50-foot wide buffer yards shall include one five to six foot high evergreen tree per each 25 linear feet of buffer plus one 2 ½ -inch caliper shade tree per each 50 lineal feet of buffer; or

b.

The 50-foot wide buffer yard may be reduced to a 35-foot width by providing a six-foot high visually solid fence or a four to six foot high earth berm within the buffer yard and adjacent to the property line. The plant material is required in the 50-foot wide buffer yard shall also be provided.

c.

When the proposed buffer yard is composed of existing woodland to remain, supplemental vegetation including evergreen trees, shrubs and deciduous trees shall be provided to result in adequate visual screening. A six-foot high visually solid fence or a four to six foot high earth berm may also be necessary within a proposed 35-foot wide existing woodland buffer yard. The Township Engineer shall review and approve the adequacy of the proposed supplemental vegetation and fencing.

(Ord. No. 96-05, Art. VI(600.3), 6-3-96; Ord. No. 98-05, § 1(A), 1-30-98; Ord. No. 99-8, § 1A, 2-11-99; Ord. No. 2013-03, § I(B), 3-4-13)

(a)

Purpose.To provide for a planned development of land fronting on the Delaware River, incorporating residential and recreational uses for special citizens, taking advantage of the aesthetic views provided along the riverfront, incorporating standards to address the irregular shape of these various properties, and encouraging open space preservation and the protection of natural resources.

(b)

Definition. The term "waterfront lot" shall be construed throughout this article to be any lot that has frontage along the Delaware River.

(c)

Permitted districts. SCH developments shall be permitted on any waterfront lot in any zoning district.

(d)

Development requirements. When a waterfront lot is used for SCH purposes, the following requirements shall be satisfied:

(1)

Permitted uses.

a.

Residential condominium units.

b.

Single family dwellings.

c.

Townhouses and duplexes.

d.

Recreation.

(2)

Lot area.

a.

Each such lot shall have a net lot area of not less than five contiguous acres with a minimum frontage along the Delaware River of not less than 150 feet.

(3)

Building area.

a.

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

b.

For condominium units constructed in separate buildings, each building shall be separated from each other and any other building by a minimum of 50 feet.

(4)

Yards.

a.

No building shall be located less than 50 feet from a front or side yard. The 50-foot side yard may be reduced to 35 feet against residential districts or uses where the development employs the use of densely planted berm consistent with all requirements as referenced in section 232-336 hereof. No part of the side yard setback may be used for parking, but may contain driveways.

b.

The rear yard set back shall be a minimum of 35 feet measured from the high water line of the Delaware River as determined by the Army Corps of Engineers.

(5)

Height regulations.

a.

High rise condominiums (buildings in excess of three stories) shall not exceed 12 stories overall, and shall not exceed ten habitable stories. The height of all other types of buildings shall not exceed 40 feet.

(6)

Parking.

a.

All required parking shall be provided within the development and not 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.

(7)

Maximum density.

a.

High rise condominiums shall not exceed more than 15 units per acre. The density for townhouses and duplexes shall not exceed four units per acre and single family dwellings shall not exceed more than 2.8 units per acre.

(8)

Impervious surface coverage.

a.

Impervious surface coverage shall not exceed 40 percent which shall include the building area.

(Ord. No. 01-25, § I, 11-27-01)

(a)

Signs. Signs on waterfront lots shall be in accordance with and regulated by the requirements of article XIV of the Code.

(b)

Required outdoor recreation areas. Within any development of a waterfront lot there shall be provided on the same lot an area or areas designated and devoted to outdoor recreational purposes, exclusively for the residents and their guests, which recreational purposes shall include, but not be limited to, swimming areas, areas for games or sports, walking paths, bike paths and areas for any outdoor leisure time activity. Such outdoor recreation areas shall be provided in accordance with the following regulations:

(1)

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

(2)

For all additional dwelling units, an additional area equal to 50 square feet per dwelling unit.

(3)

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

(4)

No recreational area shall be located within 50 feet of the boundary of a public road or street, or any other property line bounding the lot.

(c)

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

(Ord. No. 01-25, § II, 11-27-01)

The CSO commuter station overlay is designed to provide for the use and development of rail stations in Bensalem Township. The overlay requirements are intended to be used in place of the underlying district requirements at existing commuter facilities or in locations acquired in the future for commuter use by public transportation providers, and in addition:

(1)

Provide for safe and convenient access to public transportation systems and to maximize commuter parking facilities; thereby, encouraging and promoting increased ridership and the use of the regional rail system.

(2)

Provide orderly, efficient and effective locations for rail/transit interface points with passenger parking facilities. Provide adequate, basic transportation facilities (such as station facilities, bus layover areas, parking lost, platforms and station building) and compatible, commuter-oriented commercial establishments in an aesthetically appealing manner consistent with Township development objectives and codes.

(3)

Support established and planned land uses in the area.

(4)

Minimize any negative off-site effects on the character of adjacent properties and the surrounding neighborhoods.

(Ord. No. 96-05, Art. VI(601.0), 6-3-96)

(a)

Should the commuter station overlay be declared by judicial decision to be invalid or unconstitutional for any reason, the zoning applicable to the underlying land shall be the district(s) in which it is located, without consideration of this overlay.

(b)

Should the zoning of any parcel or any part thereof, of the commuter station overlay, be changed through any legislative action or judicial decision, such change shall have no effect on any other parcel or any part thereof within the commuter station overlay, unless expressly granted.

(Ord. No. 96-05, Art. VI(601.1), 6-3-96)

A building may be altered, erected or used and a lot maybe used or occupied for any of the following purposes or combination of purposes and no others:

(1)

Railroad station, bus terminal, park and ride lot and supporting facilities, including ticket office, passenger waiting room, taxi stand, bus shelter, and similar uses.

(2)

Parking and passenger pick-up and drop off areas, and loading areas for the use of commuters, patrons and employees.

(3)

Accessory uses located on the same lot and customarily incidental and ancillary to the primary use when authorized by the Zoning Hearing Board as a special exception. Any such uses shall be clearly shown on the plan for review.

(Ord. No. 96-05, Art. VI(601.2), 6-3-96)

All station areas and related facilities shall be provided in accordance with the general provisions and regulations set forth herein. If these requirements are in conflict with other standards in this chapter, these standards, shall supersede and govern development within this district. When a lot is used for CSO purposes, the following requirements shall be satisfied:

(1)

Height regulations.

(2)

Building location, access and public safety. To facilitate public safety and access, the following criteria must be met:

a.

Vehicular movement.

(1)

In order to insure public safety and to expedite traffic movements, access and egress points must be related to the Township's overall traffic system. To this end, direct access onto major roadways should be minimized and channeled onto secondary roads at signalized intersections where appropriate. Clear sight triangles must be established.

(2)

Vehicular movement shall be designated and located so as to minimize conflicts with pedestrians and loading and unloading facilities.

b.

Building locations. In order to interrelate the transit facilities and other uses, the location of buildings shall be appropriately oriented to station, parking, vehicular access ways and pedestrian facilities. In as much as possible, buildings shall be clustered around station facilities to encourage pedestrian access and minimize walk distances between buildings. Such buildings shall be designed and constructed in a manner as to minimize intrusion on the character of the surrounding neighborhood. In addition, a front yard setback shall be provided with adheres to the underlying district standards.

(3)

Parking requirements. All parking areas and related facilities shall be provided in accordance with the general provisions and regulations set forth herein.

a.

Dimensional requirements.

(1)

Parking spaces shall be no less than those listed in the following table:

*Refer to section 232-586 for handicapped parking space requirements.

(2)

Handicap spaces shall be eight feet by 18 feet with a five-foot access aisle. In cases where two or more handicap stalls adjoin, a five foot shared aisle shall be used. Handicap stalls with all related accommodations shall be constructed and designated in accordance with the Americans with Disabilities Act Accessibility Guidelines, the Uniform Federal Accessibility Standards, state law or Township requirements.

b.

Entrances and exits shall be designed and located in accordance with Township, Pennsylvania Department of Transportation and AASHTO Standards. Single directional entrances and/or exists shall be no less than 12 feet wide. Combined entrances and exists shall be no less than 24 feet wide.

c.

Parking surfaces and approaches shall be paved with concrete, asphalt or any dust-free approved highway surface material, with curbing, curb cuts or concrete wheel stops along the perimeter, and installed in accordance with American Concrete Institute Standards for concrete pavement and asphalt institute standards for asphalt pavement. The surface shall be graded properly to insure proper drainage in accordance with Township standards.

d.

Drainage design and stormwater management shall be in accordance with section 201-85 of the Bensalem Township Subdivision and Land Development Ordinance No. 268, as amended, and state law.

e.

All parking spaces shall be illuminated to a minimum of one footcandle. Lighting fixtures mounting heights shall be designed to insure that no more than 0.5 footcandle is permitted onto abutting properties.

f.

Pedestrian sidewalks and walkways shall be provided, where necessary, to insure pedestrian safety. These walkways shall be a five foot maximum width, protected from vehicle overhang and movement by wheel stops, curbing or other methods.

g.

Signs shall be permitted as follows:

(1)

On-site directional arrows and traffic signs shall be provided as necessary for traffic control and shall be in accordance with Penn DOT Pub 203 requirements.

(2)

Each parking stall may be signed with freestanding signs for revenue collection purposes. Regulatory and identification signs shall be in accordance with SEPTA's Graphic Standards and the Pennsylvania Motor Vehicle Code, and article XIV, signs, of this chapter.

(3)

A freestanding sign shall not exceed 20 feet in height as measured in article XIV, section 232-716(2)e. Two regulatory/instructional signs shall be permitted per parking area. In addition one sign shall be permitted for each coin slot box installed.

h.

Commuter parking lots shall be landscaped with trees and shrubs to reduce the visual impact of glare and headlights, to delineate all driving lanes and to distinguish rows of parking.

(1)

A ten-foot landscaped buffer area shall be provided between the parking lot, adjacent developed properties and street lines, except a property line which abuts a railroad right-of-way or railroad property line. In the case where the parking lot adjoins a residential zone, a 15-foot buffer area shall be provided. In the case where existing parking is directly adjacent to a street line, as a preexisting condition, any extension of that parking, also directly adjacent to the street line, shall not require any landscaped buffer area. Buffer areas shall be planted and constructed in accordance with section 232-335 of this chapter.

(2)

End of row planters shall be used to separate access aisles from parking stalls. All end of row planters shall be a minimum of 8.5 feet wide and a maximum of ten feet wide. The length of said planters shall be no less than 18 feet and no more than 36 feet. In addition, an 8.5-foot wide raised planter shall be used to separate any parking rows longer than 36 spaces. Planters shall be protected by curbing and end of row planters shall contain one shade tree plus shrubs and/or groundcover to cover the entire surface area.

(3)

Plantings shall be of a slow growth, low maintenance nature comprised primarily of shade trees, evergreen trees, shrubs and grasses and be of the caliper, density and variety indicated in section 232-336, recommended plants: caliper, variety and spacing.

(4)

The placement of light standards shall be coordinated with the plantings to avoid a conflict with the operation of light fixtures.

(5)

All planting strips shall be underlain by soil.

i.

No parking is permitted in delineated wetland areas except where mitigation has been approved by the U.S. Army Corps of Engineers and the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands.

(Ord. No. 96-05, Art. VI(601.3), 6-3-96; Ord. No. 99-14, § 1E, 5-11-99)

In addition to parking spaces, off-street passenger unloading and loading areas may be provided to accommodate safe, secure and convenient vehicle/rail/transit passenger transfers. Bus berthing, layover areas, and passenger pick up and drop off points shall be constructed in accordance with transit industry standards and shall in no way impede efficient and safe vehicular and pedestrian movement within the lot.

(Ord. No. 96-05, Art. VI(601.4), 6-3-96)

Regional rail stations and related facilities, existing as of the effective date of this district, shall not be subject to the provisions herein.

(Ord. No. 96-05, Art. VI(601.5), 6-3-96)

Paved parking areas as required by this section, shall be no closer than ten feet to adjacent property lines and 15 feet when the parking lot is adjacent to a residential zone.

(Ord. No. 96-05, Art. VI(601.6), 6-3-96)

Site plans submitted for a SCO development shall conform to the Subdivision and Land Development Regulations of the Township of Bensalem except when in conflict with this chapter and shall be processed through the land development review procedures specified in said regulations.

(Ord. No. 96-05, Art. VI(601.7), 6-3-96)

Commuter station overlay shall be landscaped in accordance with the provisions set forth in this section.

(1)

The following standards shall apply to all landscaping materials required within this overlay:

a.

General requirements.

(1)

The spacing, location, and dimensions of recommended plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements such as sunlight, soil conditions, and moisture.

(2)

Plantings shall not interfere with public safety and may not be located in areas which may negatively impact utility lines, both underground and above, and sight triangles at access points.

(3)

Plantings shall not be planted in such a manner that would compromise commuters', patrons' or employees' security. Therefore, it is imperative that all streetfronts be provided with unobstructed views into the parking or high activity areas. Evergreen or large deciduous shrubs may not be planted along street fronts.

b.

Plant specifications.

(1)

All plants shall meet the minimum standards for health, form and root conditions as outlined in the American Association of Nurserymen (AAN) Standards at the time of planting.

(2)

All plants shall be of the caliper, variety, height and spacing listed in section 232-336, recommended plants: caliper, variety and spacing, at the time of planting.

c.

Planting locations.

(1)

Planter islands shall include one tree, and grass or ground cover sufficient enough to cover the entire planter area.

(2)

Shade trees shall be planted on minimum 20-foot centers and may be planted in planter islands, buffer areas and along street fronts.

(3)

Evergreen trees shall be planted on a minimum six-foot center and may only be located in buffer areas which do not adjoin streetfronts.

(4)

Ground cover, grasses and shrubs may be planted in buffer areas and along street fronts.

(2)

All property boundaries abutting residential, office, commercial, institutional and industrial zones, shall be buffered from adjacent properties and land uses to insure the proper integration of said development with existing surroundings.

a.

The following requirements are minimum standards and additional plant material, berms, or architectural elements may be included in the plan at the applicant's discretion.

b.

An on-site investigation by the applicant shall determine adjacent land uses along each property boundary. In the case of vacant land, the existing zoning district shall be used. In the case of several permitted uses on a site the most restrictive requirements shall apply.

c.

The amount and type of plant material required shall be determined in accordance with section 232-336, recommended planting: caliper, variety, and spacing.

d.

Buffer area location and dimensions:

(1)

A ten-foot landscaped buffer area shall be provided between the parking lot, adjacent developed properties and street lines, except a property line which abuts a railroad right-of-way or railroad property line. In the case where the parking lot adjoins a residential zone, a 15-foot buffer area shall be provided. In the case where existing parking is directly adjacent to a street line, as a preexisting condition, any extension of that parking, also directly adjacent to the street line, shall not require any landscaped buffer area.

(2)

The buffer area may be included within the front, side, or rear yard setback.

(3)

The buffer area shall be a continuous pervious planting bed consisting of trees and shrubs, and grass or groundcover.

(4)

Parking is not permitted in the buffer area.

(5)

Stormwater basins are permitted within the buffer area.

e.

For every 100 linear feet of property line to be buffered, the following minimum quantities and types of plant material shall be required and shall be installed as indicated in Table 1, Property Line Buffer for Commuter Rail Station District:

Buffer 1: Two shade trees; ground cover or grass

Buffer 2: Two shade trees; two evergreen trees; five shrubs; ground cover or grass

Buffer 3: Five evergreen trees; two shade trees; five shrubs; ground cover or grass; and may include a five-foot high opaque fence.

TABLE I
PROPERTY LINE BUFFER FOR
COMMUTER STATION DISTRICT

f.

Plant material shall be planted in the following manner:

(1)

The entire length and width of the buffer area shall be covered with plantings.

(2)

Buffer plant material may be arranged formally (symmetrically) or informally (asymmetrically), and may be grouped to form plant clusters.

(3)

Plants shall be spaced to provide optimum growing conditions.

(4)

All plant materials shall be of the variety, caliper and spacing listed herein at the time of planting.

g.

Existing healthy trees, shrubs, ground cover, or grasses may be substituted for part or all of the required plant material at the discretion of the Bensalem Township Council.

h.

Existing topographic conditions such as embankments or berms may be substituted for part or all of the required property line buffers at the discretion of the Bensalem Township Council. The minimum visual effect shall be equal to or exceed that of the required buffer.

(Ord. No. 96-05, Art. VI(601.8), 6-3-96)

SHADE TREES

EVERGREEN TREES

SHRUBS

GROUNDCOVER

Grass 1: Blue Grass, Kentucky Rye Grass, Perennial Fescue Penn Lawn Red.

[Grass] 1 must be composed of an equal part mixture of all three grasses.

(Ord. No. 96-05, Art. VI(601.9), 6-3-96)

Caliper: Diameter of a tree's trunk measured 12 inches above the ground.

Evergreen: A tree that remains green throughout the change in seasons.

Grass: Green herbage sending up spikelike shoots or blades.

Identification signs: Freestanding signs, which identify the site as a SEPTA facility.

Minimize: To reduce to the smallest amount possible.

Major access aisle: Those aisles that provide direct access to the station building or other centralized locations for cars, buses, taxis, or other vehicles.

Planters: Trees, shrubs, groundcover or grasses.

Rail/transit interface points: Place for commuters to change modes of transportation.

Regulatory signs: Freestanding signs which include payment instructions, and parking lot operation rules and regulations.

Shade tree: A deciduous tree that sheds its leaves during the fall/winter months.

Shrub: A woody plant smaller than a tree.

Spacing: Distance between two adjacent plants measured on trunk or root centers.

Variety: Plant species.

(Ord. No. 96-05, Art. VI(601.9(Art. A)), 6-3-96)

A continuing care retirement community (CCRC) is a planned community for senior citizens that provides for their continuing care, supervision, living accommodations, health care and recreation needs. A CCRC recognizes the growing need for safe, sanitary, affordable, well-located and well-constructed senior housing with residential living units and ancillary amenities that are specifically designed to provide for the varying needs of the elderly residents of Bensalem Township.

(Ord. No. 97-27, § 1, 8-19-97)

A CCRC development shall be permitted as a permitted use subject to the provisions of this division in the following districts, and no other MHP manufactured home park district, all residential districts under article V, all commercial districts under article VIII, and in the L-I light industrial district.

(Ord. No. 97-27, § 1, 8-19-97; Ord. No. 99-14, § 1E, 5-11-99)

(a)

A CCRC shall contain residential units and may contain ancillary service uses as follows:

(1)

Residential uses: To assure continuous care, a CCRC community shall contain independent living units and at least one of the other two types of permitted residential uses:

a.

Independent living unit. A residential dwelling unit designed for and occupied by not more than two adult individuals in a single family, detached, attached, or apartment design. An independent living unit must contain its own separate bath, and cooking facilities for the occupants of that individual unit.

b.

Assisted living. A room or rooms for occupancy by one or two individuals requiring a level of care between independent living and nursing care. Typical assisted living residents require help with one or two normal daily living activities, such as, but not limited to, bathing, administering medication, meal preparation or transportation, but otherwise are physically and mentally able to live independently.

c.

Extended care. A structure or structures providing full-term convalescent or chronic care to residents who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

(2)

Ancillary service uses:

a.

Retail and commercial facilities, including:

1.

Barber shop;

2.

Beauty parlor;

3.

Pharmacy;

4.

Commissary;

5.

Newsstand;

6.

Gift shop;

7.

Snack bar/coffee shop;

8.

Thrift shop;

9.

Handicraft shop;

10.

Financial services;

11.

Uses generally similar to those enumerated in subparagraphs a. through k.

b.

Dining facilities including kitchens and accessory facilities.

c.

Health service facilities including medical and dental offices, hospital satellite clinics and counseling offices.

d.

Recreational facilities including exercise and wellness equipment, group meeting rooms, library and music room, and crafts room.

e.

Other uses customarily incidental and ancillary to a CCRC community.

(b)

Restrictions on residential and ancillary uses:

(1)

A resident of a CCRC community must be an adult individual who is 62 years of age or older. A resident may be younger than 62 years of age, if that person resides with another adult individual in a residential living unit who is at least 62 years of age or older and their combined age is at least 100 years.

(2)

No independent living unit shall have more than two bedrooms.

(3)

All ancillary service uses permitted by subsection 232-343(a)(2) shall be limited to residents, guests and employees of the CCRC community, and shall not be available to the public at large.

(4)

The maximum number of independent living units shall be ten units per acre. In addition, if the CCRC community is planned for two residential uses, the assisted living component or the extended care component shall equal no less than 20 percent and no more than 35 percent of the total number of approved independent living units. If the CCRC is planned for three residential uses, neither the assisted living nor extended care components shall equal less than 15 percent and neither shall equal more than 35 percent of the approved independent living units. For calculation purposes, an independent living unit shall be counted as one living unit. For assisted living, a room or suite, whether it contains one or two beds, shall be the living unit For extended care, a bed shall be the living unit.

(Ord. No. 97-27, § 1, 8-19-97; Ord. No. 2013-03, § I(C), 3-4-13)

(a)

Each CCRC development shall be located on a minimum tract area of 20 contiguous acres of land.

(b)

If the owner/developer of a CCRC community proposes to create separate lots within the CCRC community, the owner/developer shall first file a declaration in a form and substance reasonably acceptable to Bensalem Township assuring that all existing and subsequent residents of the CCRC will have the same rights and privileges after subdivision as they enjoyed as if the tract were not subdivided. A CCRC lot shall contain a minimum area of three acres.

(c)

Maximum building coverage: Twenty percent of gross acreage.

(d)

Maximum impervious surface coverage, including building coverage: Forty percent of gross acreage.

(e)

Minimum set back and buffer yards.

(1)

Whenever a CCRC is planned adjacent or opposite a NRP, MHP or a residential district, all buildings shall be set back 50 feet from the perimeter property line. In addition to the 50-foot set back, the CCRC development shall provide a 25-foot buffer and planting strip in accordance with subsections 232-592(2) a. through f.

(2)

Whenever a CCRC is planned adjacent or opposite any zoning district other than those enumerated in subsection 232-344(e)(1), all buildings shall be set back 75 feet from the perimeter property line. In addition to the 75-foot set back, the CCRC development shall provide a 20-foot buffer and planting strip in accordance with subsections 232-592(2)a. through f.

(f)

Minimum distance between buildings: Twenty-five feet.

(g)

Building height: Four stories or 55 feet, whichever is less.

(h)

Density: Refer to subsection 232-343(b)(5).

(Ord. No. 97-27, § 1, 8-19-97)

(a)

Required off-street parking shall meet the needs of the residents, employees and guests in accordance with the following minimum requirements:

(1)

Independent living units: One parking space per unit;

(2)

Assisted living units: 0.50 parking space per unit;

(3)

Extended care living units or beds: 0.50 parking space per bed.

(b)

In all other respects, off-street parking shall comply with the regulations prescribed by section 232-586.

(c)

Required covenants. Before any building permit issues for any residential or ancillary use permitted in a CCRC community, 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 Bensalem Township restricting the use of the property to the uses and purposes authorized by section 232-343 of this article.

(Ord. No. 97-27, § 1, 8-19-97)

(a)

In order to encourage a mix of uses and building types, while emphasizing the form and function of public and private interests, by regulating building massing, streetscapes, and parking locations, promoting the development and redevelopment of neighborhoods, by creating a predictable development environment, and by preserving the unique community characteristics of the Township, thereby facilitating appropriate growth and change within the affected areas of the Township, the Regulating Code set forth in a Manual of Written and Graphic Design Guidelines, titled the "Bensalem 2018 Regulating Code," attached hereto as appendix B, incorporated herein in its entirety by reference, shall be applicable, at the option of the applicant, to the zoning districts specified in said appendix B. The standards set forth in the said appendix B shall be known as the Regulating Code of the Township of Bensalem. An application submitted pursuant to the Regulating Code shall comply with the standards set forth in appendix B.

(b)

In the Bensalem 2018 Regulating Code overlay district, should the applicant opt in to the Regulating Code, the requirements of the overlay district shall apply exclusively to those uses proposed by the applicant. Should the use of an underlying district be utilized without the option of employing the Regulating Code, the requirements of the underlying zoning district shall apply exclusively. Combining the regulations of the overlay district with the regulations of the underlying district is not permitted.

(Ord. No. 2015-10, § I, 12-22-15)

The historic resources overlay is intended to facilitate the continued existence, the improvement and on-going maintenance of historically significant buildings and landscapes in Bensalem Township. Under the provisions of the overlay, additional and beneficial land use options will serve as incentives for the owners of those properties to retain, enhance and maintain the historic buildings and landscapes under certain conditions to be approved by the Township. Specific review considerations, zoning standards and site development improvements are required to implement these purposes.

(Ord. No. 2015-16, § 1, 12-22-15)

(a)

This division shall be deemed an overlay of the zoning district enacted to regulate the use of land in the Township. When in effect for a property, the requirements of this division shall compliment and operate in addition to the otherwise applicable requirements of the underlying zoning district.

(b)

This division does not repeal, abrogate or impair any existing easements, covenants or deed restrictions.

(c)

The provisions of the historic resources overlay are optional and shall be applied only if the record owner of an eligible property files a written request with the director of building and planning to apply the overlay to his or her eligible property.

(d)

Upon written request by the record owner of an eligible property, as set forth in this section, said property shall be added to this division upon execution of an irrevocable deed restriction binding the property owner, the property owner's heirs or assigns in a form satisfactory to the Township's Solicitor.

(e)

Should the requirements of this division be revised, reversed or rescinded as a result of legislative or administrative action on the part of the Commonwealth or judicial decision, the zoning requirements and other regulatory measures applicable to the properties in question shall be those of the underlying zoning district without consideration of this division.

(Ord. No. 2015-16, § 1, 12-22-15)

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

(1)

One single-family detached dwelling. Each dwelling unit shall have a minimum of two parking spaces.

(2)

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

(3)

Rural Inn use, which shall mean the rental of no more than 20 rooms and as further defined in subsection 232-6(a). Amenities at the Rural Inn may be used only by registered guests. Parking shall meet the requirements of section 232-586 herein.

(4)

Winery or vineyard with tasting room. The production and/or sales of viticulture and related products. Products sold must be related to wine or vineyards. The maximum floor area for retail sales shall be 6,000 square feet. Winery tours and special events as additional uses which may result in large gatherings may be allowed only as a special exception. The minimum parking requirements for use as a winery or vineyard with tasting room shall be one off-street parking space for each 200 square feet of sales area.

(5)

Art studio. A small school for teaching any artistic skill including but not limited to music, dancing, drawing, painting, sculpture, pottery and other arts and crafts. Maximum floor area shall be 6,000 square feet. The minimum parking requirements for use as an art studio shall be one off-street parking space for each 200 square feet of floor area.

(6)

Library or museum. A library, archives, or museum located within an historic building for use by the general public. Retail sales may be allowed provided that the merchandise sold meets the mission of the library or museum. Parking shall conform to the requirements of section 232-586.

(7)

Art gallery. A building or space for the display of the work of artists, including events such as special showings or openings. Retail sales shall be limited to the works of art on display and framing services. The minimum parking requirements for use as an art gallery shall be one off-street parking space for every 500 square feet of floor area.

(8)

Professional office uses limited to physicians, small animal veterinarians, lawyers, clergymen, teachers, dentists, architects, engineers, opticians, stock and bond brokers and professional consultants if such professional services do not involve the storage, exchange or delivery of merchandise on the premise, or the practice of fortune telling, card-reading or similar occult services. Parking shall conform to the provisions of section 232-586.

(9)

Reception or banquet hall. The minimum parking requirements for use as a reception or banquet hall shall be one off-street parking space per employee plus either one for every two seats or one per 50 square feet of floor space devoted to patron use, whichever is greater.

(10)

Restaurant. A dining place where food is consumed within the building or adjoining outside area. Drive-in or drive-through restaurants are not permitted. Parking shall conform to the provisions of section 232-586.

(11)

Mortuary. Crematoriums are not permitted. The minimum parking requirements for use as a mortuary shall be one off-street parking space per 50 square feet of floor space devoted to patron use.

(12)

Accessory home occupation, when permitted in the underlying zoning district and in conformity with section 232-594.

(13)

Residential conversion. The conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building or a nonresidential building into more than one dwelling, provided the building to be converted has been in existence for a period of at least 50 years prior to the date of the adoption of this division. The lot area per dwelling shall not be less than the minimum lot area required for a single-family dwelling within the applicable zoning district. The minimum parking requirements for use as a residential conversion shall be two off-street parking spaces per dwelling unit.

(14)

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

(Ord. No. 2015-16, § 1, 12-22-15)

Unless a greater regulation is specified for a specific use, the following regulations shall apply:

(1)

Single-family detached dwelling:

(2)

Nonresidential uses specified in section 232-349(5)—(11).

(Ord. No. 2015-16, § 1, 12-22-15)

(a)

Natural resource preservation.

(1)

The provisions of article III, natural resource preservation district shall be met.

(2)

The wetlands buffer requirements for the underlying zoning district, as specified in subsection 232-57(a)(2), shall be met.

(b)

Landscape plan. A landscape plan shall be submitted with each development application. The plan shall identify existing and proposed trees, shrubs, ground cover, natural features such as rock outcroppings, and other landscape elements. The plan shall show plantings and construction details. When existing natural growth is proposed to remain, the plans shall include methods to protect existing trees and growth during and after construction. Except as otherwise provided in this article, landscaping shall be in conformance with the requirements of the Bensalem Subdivision and Land Development Ordinance.

(1)

Tract perimeter buffer. Along the perimeter abutting properties, other than along a street right-of-way, landscaped buffers shall be provided and perpetually maintained as follows:

a.

A planting area 25 feet in width shall be placed and maintained containing hedge, evergreens, shrubbery, and suitable vegetation of sufficient planted density to produce a visual screening appropriate to the topography, the existing vegetation, and the use or prospective use of adjacent lands;

b.

Whenever possible, every effort shall be made to retain existing natural screening, such as vegetation and topography;

c.

Earth berms and/or fencing may be used in combination with vegetation to achieve the buffer, but may not be used alone;

d.

As an alternative to the potential for an excessive linear appearance provided by the minimum requirements above, innovative, free-form buffers that need not be located entirely within the minimum required 25-foot width are encouraged. Such alternative buffers shall be subject to approvals by the Township.

(2)

Streetscape plantings. Frontage along existing streets at the perimeter of the tract shall be landscaped and perpetually maintained with trees, shrubs, and other plant materials in accordance with this section. There shall be a minimum of ten shrubs plus one tree for each 25 feet of lineal street frontage. A minimum of 60 percent of required trees shall be shade trees. Non-shade trees may be ornamental or understory species acceptable to the Township. Required shrubs and trees should be grouped at selected locations along perimeter street frontages in accordance with the landscape plan.

(3)

Parking area landscaping. Landscape areas shall be provided for parking areas so as to provide visual and climatic relief from broad expanses of pavement, to channel and define areas for pedestrian and vehicular circulation, to reduce storm water runoff, and to provide groundwater recharge, as follows:

a.

A landscape strip of at least ten feet in width shall be provided between surface parking and adjacent driveways, interior roadways, walks or pathways. The landscape strip shall be planted and perpetually maintained with shade trees, with at least one tree per 35 lineal feet, and shall also be planted and perpetually maintained with grass, ground cover, or other landscape materials. Required landscape strip shade trees may be grouped at selected locations along driveways, interior roadways, walks or pathways in accordance with the landscape plan;

b.

At least five percent of the gross area of the surface parking area, defined as the area devoted to parking stalls and circulation areas, but excluding landscape strips, shall be landscaped;

c.

Surface parking area landscaping shall be dispersed so as to define aisles and limit unbroken rows of parking;

d.

Each separate landscaped area shall be at least 300 square feet in area and have a minimum width of eight feet;

e.

Landscaped areas shall be planted and perpetually maintained with grass, ground cover, or other landscape materials;

f.

Shade trees shall be planted and perpetually maintained in surface parking area landscaped areas, with at least one shade tree per 300 square feet of landscaped area, excluding landscape strips.

(4)

Historic resource buffer. A primary purpose of this division is to protect the historic buildings and related landscapes of Bensalem Township. When a new use is proposed for a tract identified as historic resources overlay, the Township may require that a planted buffer be provided between the new use and the historic building on the subject property.

a.

A planting area 25 feet in width shall be placed and maintained containing hedge, evergreens, shrubbery, and suitable vegetation of sufficient planted density to produce a visual screening appropriate to the topography, the existing vegetation, and the historic resource;

b.

Whenever possible, every effort shall be made to retain existing natural screening, such as vegetation and topography;

c.

Earth berms and/or fencing may be used in combination with vegetation to achieve the buffer, but may not be used alone;

d.

As an alternative to the potential for an excessive linear appearance provided by the minimum requirements above, innovative, free-form buffers that need not be located entirely within the minimum required 25-foot width are encouraged. Such alternative buffers shall be subject to approvals by the Township

(5)

Tree replacement. Any tree removed with a trunk greater than eight inches diameter at breast height (dbh) measured 4.5 feet from the ground, shall be replaced by one or more trees, in the manner specified below. For the purposes of this section, "removal" shall mean cutting down or any act that causes a tree to die within a period of two years after construction is completed including, but not limited to, damage inflicted upon the root system by machinery, storage of materials, and soil compaction; changing the natural grade above the root system or around the trunk; damage inflicted on the tree permitting infection or pest infestation; excessive pruning; paving with concrete, asphalt or other material within such proximity as to be harmful to the tree:

a.

Any removal of a tree with a trunk of at least eight inches but less than 12 inches dbh shall be replaced by two new trees not less than two and one-half inches caliper measured two feet above the ground line;

b.

Any removal of a tree with a trunk of at least 12 inches but less than 18 inches dbh shall be replaced by three new trees not less than two and one-half inches caliper measured two feet above the ground line;

c.

Any removal of a tree with a trunk 18 inches or greater dbh shall be replaced by five new trees not less than two and one-half inches caliper measured two feet above the ground line.

d.

Prescribed new trees shall not be placed on the tract as streetscape planting, parking area strip or other parking area planting, nor in place of trees required as part of a buffer area, except in cases where tree(s) removed qualified as street trees, parking area trees, or part of required buffer areas. Prescribed new trees shall be maintained as part of an approved development plan; any new trees planted in accordance with this section that die shall be replaced.

(Ord. No. 2015-16, § 1, 12-22-15)

In order to fulfill the purposes of the historic resources overlay, while permitting a landowner/developer/applicant additional uses of the property above those incorporated in the underlying zoning provisions, specific considerations related to the protection, adaptive reuse and maintenance of the historic buildings and their surrounding grounds are essential in the review and approval process. The applicant shall address and the Township shall consider, the following in determining the appropriateness of any proposed new use, building erection, adaptive reuse, exterior alteration or restoration:

(1)

That the proposal meets the Secretary of the Interior's Standards for Rehabilitation (Department of the Interior Regulations, 36 C.F.R. § 67.7).

(2)

The appropriateness of the general design geometry and proportions, structural arrangement, building materials, texture and color of the proposed building, structure or appurtenant element in relation to such factors as the compatibility with similar features of buildings or structures within the area of the historic resources overlay.

(3)

The historical or architectural value and significance of the building, structure or appurtenant element and its relationship to the historic or architectural value of the area in which it is proposed to be located.

(4)

The extent to which the building, structure or appurtenant element will be harmonious with or architecturally incompatible with the historic buildings within the overlay area.

(5)

The compatibility of planned improvement and renovations with the architectural and historic quality, character and scale of the historic buildings on the property and historic buildings within the overlay area.

(6)

The effect of the building, structure or appurtenant element on the comprehensive plan's goals for historic preservation, open space, tourism, economic development and land uses in Bensalem Township.

(7)

The ability of the owner to put the property to reasonable and beneficial use and to commit to ensuring the economic viability and sustainability of the historic resources on the property which benefitted from the application of the historic resources overlay.

(8)

That the demolition of any historic building, in whole or in part, or the destruction of any historically important landscape within the area identified as historic resources overlay, would be cause for denial of any proposal submitted to benefit the applicant/owner/developer from the provisions of the historic resources overlay.

(9)

That any approval of an application under the provisions of the historic resources overlay shall be conditioned upon the applicant's grant of conservation easements or other covenants, acceptable to the Township, to protect the historic building, structures or surrounding lands.

(10)

In order to adequately review the considerations in this subsection, the Township Council may, at its discretion and at the applicant's expense, hire a qualified historic preservation consultant (historian, architectural historian, historic architect or architect; landscape architect for the landscape) who meets the Secretary of the Interior's Professional Qualifications Standards (48 Fed. Reg. 44716 (Sept. 29, 1983)).

(Ord. No. 2015-16, § 1, 12-22-15)

(a)

Off-premises outdoor advertising signs, including billboards, shall be permitted by conditional use approval in any zoning district when the bottom edge of any outdoor advertising sign is within 100 feet of the Pennsylvania Turnpike (I-276) or I-95 and is primarily visible from the main travel lanes of such highway. If an applicant causes the removal of another off-premises outdoor advertising elsewhere in the Township, the use shall be permitted by right at the locations identified above.

(b)

A digital billboard face may replace an existing non-digital billboard face if another non-digital billboard is removed from another location in the Township. The digital billboard must comply with all other conditions of approval listed herein.

(c)

Off-premises outdoor advertising signs are prohibited unless specifically permitted in this chapter.

(Ord. No. 2016-05, § 1, 7-25-16)

Editor's note— Ord. No. 2016-05, § 1, adopted July 25, 2016, set out provisions intended for use as § 232-350. To prevent the duplication of section numbers, and at the editor's discretion, these provisions have been included as 232-352.

Approval of an application for an off-premises outdoor advertising sign shall be subject to the applicant's compliance with the following conditions of approval:

(1)

Off-premises outdoor advertising signs shall comply with all other provisions of this section, as well as any other federal, state or local laws and regulations.

(2)

Yard setbacks.

a.

No off-premises outdoor advertising sign or any part thereof shall be erected or maintained within 25 feet of any public right-of-way.

b.

Side or rear yards: No off-premises outdoor advertising sign or any part thereof shall be erected or maintained within 25 feet of any lot line.

(3)

Minimum distance between signs. No off-premises outdoor advertising sign or any part thereof shall be erected or maintained within 1,000 feet of any other off-premises outdoor advertising sign along the same travel lane.

(4)

Minimum distance from residential property. No off-premises outdoor advertising sign shall be erected or maintained within 500 feet of any residential lot. Such measurement shall be made from the point of location of the sign to the nearest point of such residential lot.

(5)

Minimum distance from institutional property. No off-premises outdoor advertising sign shall be erected or maintained within 250 feet from any lot used for a church, school, park or playground.

(6)

Minimum distance to a building. No off-premises outdoor advertising sign shall be erected or maintained within 25 feet of any building.

(7)

Minimum landscaping. The following plant material shall be planted adjacent to each off-premises outdoor advertising sign:

a.

Five five-foot to six-foot high evergreen trees planted within a 40 foot radius on the sides and rear of the base of the sign, and

b.

Four eight-foot to ten-foot high flowering trees planted within a 50 foot radius on the sides of the base of the sign, and

c.

One three-foot to four-foot high shrub per three lineal feet of frontage or 40 shrubs, whichever is greater, to be planted in front of the sign.

d.

In lieu of the above, such landscaping as may be directed by the Township Shade Tree Commission shall be installed or payment in an amount equivalent to the cost of required landscaping shall be contributed to the Shade Tree Commission as the Township may direct.

(8)

Area and height for an off-premises outdoor advertising sign.

a.

Area: No off-premises outdoor advertising sign shall exceed a maximum area of 672 square feet per side, including border and trim but excluding supports. An off-premises outdoor advertising sign having two or more sides is permitted 672 square feet on each side.

b.

Height: No off-premises outdoor advertising sign or any part thereof shall exceed 25 feet in height measured from the elevation of the road from which the sign is most easily viewed to the lowest point of the proposed off-premises outdoor advertising sign.

(9)

Content. No off-premises advertising sign shall display any content prohibited by 18 Pa.C.S.A. § 5903 (relating to obscene and other sexual materials and performances).

(10)

[Lighting.] Lighting for off-premises advertising signs is permitted, but the illumination shall be focused upon the sign itself, so as to prevent glare upon the surrounding areas, except that this provision does not apply to digital billboard, provided that the light is restricted from shining onto other properties located within the Township and that such lighting shall not take place between 12:00 midnight and sunrise. Lighting features for static billboards shall be placed at the bottom of the sign face and aimed upward. All lighting fixtures shall be aimed and controlled so as to place their light output only on the face of the sign

(11)

Maintenance of sign. All off-premises advertising signs shall be structurally sound and maintained in good condition. Any off-premises advertising sign that is not structurally sound or is in poor condition shall be removed immediately at the sole cost and expense of the owner of the sign. In the event that the owner of the sign fails to remove an off-premises advertising sign that is not structurally sound or in poor condition, the Township shall provide written notice to the owner of the property on which the sign is located, by certified mail, giving the owner 60 days to remove the sign. Upon failure of the owner to comply with such written notice, the Township may remove the sign, and the cost thereof shall be paid by the owner of the property. The Township may file a lien against the property or exercise any other remedy available by law in the event of failure by the owner to pay the cost of removal of the sign, upon receipt of an invoice from the Township.

(12)

Additional regulations. Each off-premises advertising sign shall comply with any and all applicable zoning regulations and any and all Township, state or federal regulations, including but not limited to the Bensalem Township Code of Ordinances and all applicable Federal and Pennsylvania Department of Transportation regulations.

(13)

Digital billboards. All digital billboards may be permitted on new and existing off-site sign structures, if permitted consistent with section 232-353(a), subject to the requirements of this chapter and subject to the following requirements:

a.

Only one digital billboard structure shall be permitted per property. A digital billboard may contain up to two sign faces, configured to face in opposite directions.

b.

Digital billboards shall comply with section 232-717 of the Bensalem Township Code.

c.

The percentage of a permitted digital billboard which may be displayed in digital electronic copy shall be 66 percent of the allowable square footage. In the alternative, if the existing non-digital off-premises sign is 14' X 48', the face may be reduced in size to 10'6" X 36', and 100 percent of the face may be displayed in electronic copy. If the existing non-digital off-premises sign is 10'6" X 36', the face may be reduced in size to 12' X 24', and 100 percent of the face may be displayed in electronic copy.

d.

Operational limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity.

e.

Digital billboards installed and operated in compliance with this section shall not be considered as flashing, intermittent or animated signs.

f.

Owners of digital billboard sign faces have the sole option to remove the digital units from the outdoor advertising structure at any time, for any reason. During all periods where there are no digital units on the sign structure, the sign owner shall be permitted to operate the sign faces as traditional, static type.

g.

Minimum display time. Each message on the sign must be displayed for a minimum of eight seconds.

h.

There shall be no appearance of any flashing or sudden burst of light and no appearance of animation, movement or flow of the message/display.

i.

The time interval to change from one complete message/display to the next complete message/display shall be a maximum of one second.

j.

Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign, as follows:

The foot candle measurements shall comply with the nearest pre-set distances as set forth above.

k.

The digital billboard sign shall have automatic dimmer software or solar sensors to control brightness conditions as ambient light levels change 24 hours per day. The manufacturer shall provide a certification confirming these controls and compliance with the illumination intensity of this section. The intensity of the light source shall not produce glare, the effect of which constitutes a traffic hazard or is otherwise detrimental to the public.

l.

Owners of digital billboards are encouraged to coordinate with law enforcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public including, but not limited to, Amber Alerts or emergency management information.

m.

At all times, all digital billboard signs must fully comply with any operating standards or regulations adopted by the Pennsylvania Department of Transportation or other governmental entity with appropriate jurisdiction.

n.

No digital billboard sign may be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device. No digital billboard sign may be permitted which uses the word "stop" or "danger" or presents or implies the need or requirement of stopping or the existence of danger.

o.

Audio speakers or any form of pyrotechnics are prohibited in association with a digital billboard.

p.

An existing non-digital billboard may not be refaced into a digital billboard unless such use would be permitted consistent with section 232-353(a).

(14)

Bonus provisions.

a.

An applicant for a digital billboard that causes the permanent removal of an existing non-digital billboard of equal size from a property owned, leased or otherwise controlled by applicant within the Township, shall be permitted the following:

1.

Area: the maximum area of the new off-premises outdoor advertising sign shall not exceed a maximum area of 672 square feet per side, including border and trim but excluding supports. An off-premises outdoor advertising sign having two or more sides is permitted 672 square feet on each side.

2.

The percentage of the digital billboard which may be displayed in digital electronic copy shall be 100 percent of the allowable square footage.

b.

Credit for the removal of an existing non-digital billboard shall be given to the sign-owner only and must be used within five years of the removal of the non-digital billboard.

c.

Upon the removal of the non-digital billboard, the use shall be considered abandoned and neither the property owner or the sign owner shall be entitled to a pre-existing non-conforming use for the subject property.

(Ord. No. 2016-05, § 1, 7-25-16)

Editor's note— Ord. No. 2016-05, § 1, adopted July 25, 2016, set out provisions intended for use as § 232-351. To prevent the duplication of section numbers, and at the editor's discretion, these provisions have been included as 232-354.