Bristol City Zoning Code
PART 4
GENERAL REGULATIONS
§ 27-401 Limit of One Principal Use.
[Ord. 1263, 8/10/2009]
No more than one principal use shall be permitted on a lot, except in the MX Mixed Use District, or unless specifically permitted by this chapter.
§ 27-402 Principal Buildings.
[Ord. 1263, 8/10/2009]
1.
Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Bristol Borough Subdivision and Land Development Ordinance.
2.
Two or More Principal Buildings on a Lot.
A.
Such buildings shall be separated by a distance at least equal to twice the required side yard for that district; except for residential uses in the MX Mixed Use District and for uses designed to include multiple principal buildings where specific building separation distances are provided.
B.
Such buildings shall conform to the standards and improvements required for a land development by the Bristol Borough Subdivision and Land Development Ordinance.
§ 27-403 Maximum Height of Buildings.
[Ord. 1263, 8/10/2009]
1.
No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter except, if otherwise indicated in this chapter, that such standard shall not apply to water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys, cupolas or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Although exempted from structural height limitations, these structures shall not diminish the solar access of other properties.
§ 27-404 Area and Dimensional Requirements.
[Ord. 1263, 8/10/2009]
1.
Lot Area and Yard Requirements.
A.
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter.
B.
No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this chapter), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
C.
If any use and/or property is proposed to have a condominium form of ownership, whether for the whole property or any part thereof, the minimum lot areas, yards, setbacks, impervious surface limits per lot, or building coverage limits per lot shall be met for each unit, building and use, even if individual lots are not created and sold separately. All required dimensional criteria for each unit, building and use shall be provided contiguously and proportionately to each unit, building and use, and all setbacks shall be measured from any road, street and/or alley, and from any building line and/or unit boundary, as appropriate.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Exception for Single-Family Dwelling. The provisions of Subsection 1 shall not prevent the construction of a single-family dwelling, provided the yard requirements are observed, on any lot that was lawful when created and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed.
This exception shall not apply to any two contiguous lots in a single ownership as of or subsequent to the effective date of this chapter in any case where a reparceling or replotting could create one or more lots which would conform to the area and dimensional provisions of this chapter. |
C.
Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the building setback line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot width except in the following situations: on culs-de-sac or courts or street center-line curves of less than 300 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40% of the minimum lot width.
D.
Through Lots. Front yards shall be provided along abutting streets, except where a provision of a different front yard setback will comply with the prevailing front yard pattern on adjoining lots.
E.
Corner Lots. Front yards shall be provided along all portions of a corner lot abutting any street, except where the provision of a different yard will comply with the prevailing yard pattern on adjoining lots (but shall not be less than 10 feet).
F.
Front and Rear Yards. The front and rear yards of a lot between two lots (each having a principal building within 20 feet of the lot) may be reduced to a depth equal to that of the greater of the two adjoining lots, except that neither the front nor rear yard shall be less than 10 feet.
G.
Projections into Yards. The following projections into required yard areas shall be permitted:
(1)
Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than three feet.
(2)
Patios may be located in the required side and rear yards not closer than two feet to any adjacent property line, and may project into front yards not closer than 10 feet to the street right-of-way line.
(3)
A garage may be located within a side and/or rear yard to conform with the average setbacks of garages on the lots within the block of the proposed garage.
3.
Traffic Visibility Across Corners.
A.
Sight Lines at Intersections of Streets.
(1)
A triangular area as defined in Subsection 3A(3) shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets is not obscured.
(2)
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting streets within the triangular area defined in Subsection 3A(3).
(3)
Such triangular area shall be bounded by the intersecting street center lines and a diagonal line connecting the points at a designated distance along the center line of each street (see illustration). The center-line distances are based upon the existing street classification as follows:
(a)
One hundred and fifty feet from the intersection of such street center lines, if either street is an arterial street.
(b)
One hundred feet from the intersection of such street center line if either street is a collector street.
(c)
Seventy-five feet from the intersection of such street center lines, if both streets are local streets.
B.
Sight Lines at Intersections of Driveways or Accessways with Streets.
(1)
A triangular area as defined in Subsection 3B(3) shall be graded and shall be free of sight obstructions so that vision between a height of from two feet to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets is not obscured.
(2)
By means of deed restriction, lease restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two feet to 10 feet above the center-line grades of the intersecting driveway, accessway, or streets within the triangular area defined in Subsection 3B(3).
(3)
Such triangular area shall be bounded by the intersecting driveway/accessway center line with the street center line and a diagonal line connecting the designated points on the respective center lines at a distance of 30 feet from the aforesaid intersection.
4.
Buffer Yards. A landscaped buffer yard shall be provided and maintained between any nonresidential use which borders a residential use or district (R-1, R-1A, R-2 and R-3) and between any industrial use which borders a street, a nonindustrial use, or a nonindustrial district (R-1, R-1A, R-2, R-3, TC, NC, HC-1, HC-2, GC, MX, C, and H). The Borough Council may modify buffer requirements between nonresidential uses and residential uses where appropriate to accommodate intended mixed use areas. The required buffer yards shall comply with the following standards:
A.
Size, Location.
(1)
A twenty-foot wide buffer yard shall be required unless otherwise indicated in this chapter. Where an industrial use borders a street, a non-industrial use or a non-industrial district, the buffer yard shall be 30 feet in width. However, along the boundaries of any Heavy Industrial District (HI) or Intermediate Industrial District (II), the buffer yard shall be 50 feet in width.
(2)
The buffer yard shall be measured from the district boundary line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.
(3)
The buffer yard may be coterminous with a required front, side, or rear yard, provided the larger yard requirement shall apply in case of conflict.
B.
Characteristics.
(1)
The buffer yard shall be a landscaped area free of any principal or accessory building or structures, manufacturing or processing activity, outdoor storage, or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress provided it crosses the buffer with the minimum possible displacement of buffer plantings.
(2)
All buffer yards shall contain a planting screen in accordance with the requirements in Subsections 4C and E below. All areas not within the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, grass more than 12 inches in height, or weeds.
C.
Planting Screen.
(1)
Each buffer yard shall include a planting screen of trees, shrubs, and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.
(2)
Each planting screen shall be in accordance with the following requirements:
(a)
Plant materials used in the planting screen shall be of such species and size as will produce, within two years, a complete year-round visual screen of at least eight feet in height.
(b)
The planting screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within 18 months.
(c)
The planting screen shall be so placed that at maturity it will be at least three feet from any street or property line.
(d)
The planting screen shall be broken only at points of vehicular or pedestrian access.
(3)
In circumstances where it is impractical for a planting screen to meet all the requirements of this section or would create an undue hardship, the Zoning Hearing Board may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.
D.
Equipment Screening. All mechanical and electrical equipment not enclosed in a building shall be fully screened from view from any point from a public street or an adjacent residential use in a manner compatible with the architectural and landscaping style of the lot so that it blends with the landscape.
E.
Planting Requirements. The standards below indicate the amount of plant material that is required per linear foot of property line. Plantings shall be placed within the minimum width of the buffer area. The Planning Commission may permit staggering or grouping of plant materials provided a satisfactory buffer is achieved.
Width of Planting Screen Within the Buffer Yard | Requirements (where two options are provided, applicant may choose one within the category) | ||
|---|---|---|---|
10 feet (for 10-foot buffer yard) | Shrubs with a planted minimum height of 5 feet shall be planted, with shade trees interspersed, in a continuous band with a spacing not exceeding 5 feet on center for shrubs and 30 feet on center for trees. | ||
15 feet (for 20-foot buffer yard) | (1) | 1 canopy tree per 40 feet; plus 1 evergreen tree per 60 feet | |
OR | |||
(2) | 1 flowering tree per 40 feet; plus 1 evergreen tree per 60 feet | ||
25 feet (for 30-foot buffer yard) | (1) | 1 canopy tree per 40 feet; plus 1 flowering tree per 60 feet; plus 1 evergreen tree per 60 feet | |
OR | |||
(2) | 1 canopy tree per 40 feet; plus 1 flowering tree per 60 feet; plus 1 hedge on lot line (3-foot centers except as noted in Subsection 4F below) | ||
OR | |||
(3) | 1 flowering tree per 40 feet; plus 1 evergreen tree per 25 feet | ||
30 feet (for 50-foot buffer yard) | (1) | 1 canopy tree per 40 feet; plus 1 evergreen tree per 20 feet; plus 1 shrub per 4 feet | |
OR | |||
(2) | 1 flowering tree per 40 feet; plus 1 evergreen tree per 20 feet; plus 1 hedge on lot line (3-foot centers except as noted in Subsection 4F below) | ||
OR | |||
(3) | 1 flowering tree per 40 feet; plus 1 evergreen tree per 20 feet; plus 1 berm 4 feet high | ||
F.
Plant Materials List. In particular, approved plant materials for buffer yard planting include the following:
(1)
Canopy Trees (two inches caliper minimum).
(a)
Acer ginnala - Amur Maple.
(b)
Acer rubrum - Red Maple.
(c)
Acer saccharum - Sugar Maple.
(d)
Betula alba - European White Birch.
(e)
Fagus grandifolia - American Beech.
(f)
Fagus sylvatica - European Beech.
(g)
Ginkgo biloba - Ginkgo (male only).
(h)
Gleditsia triacanthos inermis - Thornless Honey Locust.
(i)
Liquidambar styraciflua - Sweet Gum.
(j)
Liriodendron tulipifera - Tulip Tree.
(k)
Phellondendron amurense - Amur Cork Tree.
(l)
Platanus acerifolia - London Plane Tree.
(m)
Quercus alba - White Oak.
(n)
Quercus coccinea - Scarlet Oak.
(o)
Quercus phellos - Willow Oak.
(p)
Robina psuedoacacia inermis - Thornless Black Locust.
(q)
Sophora japonica - Japanese Pagodatree.
(r)
Tilia-Linden - all species hardy to the area.
(s)
Zelkova serrata - Japanese Zelkova.
(2)
Flowering Trees (two inches caliper minimum).
(a)
Amelanchier canadensis - Shadblow Serviceberry.
(b)
Corpus florida - Flowering Dogwood.
(c)
Cornus kousa - Kousa Dogwood.
(d)
Cornus mas - Cornelian Cherry.
(e)
Crataegus phaenopyrum - Washington Hawthorn.
(f)
Koelreuteria paniculata - Golden Rain Tree.
(g)
Laburnum vossi - Goldenchain.
(h)
Magnolia soulangeana - Saucer Magnolia.
(i)
Magnolia virginiana - Sweetbay Magnolia.
(j)
Malus baccata - Siberian Crab.
(k)
Malus floribunda - Japanese Flowering Crab.
(l)
Malus hopa - Hopa Red-Flowering Crab.
(m)
Oxydendrum arboreum - Sourwood.
(n)
Prunus cerasifera - Thunder Cloud Purple Plum.
(o)
Prunus kwanzan - Kwanzan Cherry.
(p)
Prunus yedoensis - Yoshino Cherry.
(3)
Evergreen Trees (four feet high minimum).[1]
(a)
Ilex opaca - American Holly.
(b)
Picea abies - Norway Spruce.
(c)
Picea omorika - Serbian Spruce.
(d)
Picea pungens - Colorado Spruce.
(e)
Pinus nigra - Austrian Pine.
(f)
Pinus strobus - White Pine.
(g)
Pseudotsuga menziesii - Douglas Fir.
(h)
Tsuga canadensis - Canada Hemlock.
[1]
It is recommended that two or more species of evergreen trees be used in a buffer yard.
(4)
Hedge (four feet high minimum).
(a)
Crataegus intricata - Thicket Hawthorn.
(b)
Forsythia intermedia - Border Forsythia.
(c)
Syringa chinensis - Chinese Lilac.
(d)
Syringa vulgaris - Common Lilac.
(e)
Juniperus virginiana - Upright Juniper.
(f)
Pinus strobus - White Pine (1 per five feet).
(g)
Pyracantha coccina lalandi - Laland Firethorn.
(h)
Taxus cuspidata - Upright Yew.
(i)
Taxus hicksi - Hicks Yew.
(j)
Tsuga canadensis - Canadian Hemlock (1 per five feet).
(k)
Thuja occidentalis - American Arborvitae (1 per five feet).
G.
H.
Visual Screen for Outdoor Trash Collection Stations.
(1)
A buffer wide enough to accommodate a fence and plantings abutting the fence, as described below, is required.
(2)
A solid fence shall be provided and shall be placed around the designated trash collection area. The fence height shall be adequate to provide a complete visual screen from adjoining properties but shall be not less than six feet in height. Fence details shall be provided with the landscape plan.
(3)
Along the exterior face of the fence there shall be a row of evergreen shrubs and/or evergreens pruned in a hedging habit planted at a rate to obscure the appearance of the fencing after a five-year growing period. Minimum shrub and upright habit evergreen height at planting shall be four feet and pruned when necessary to maintain an appearance of a uniform screen.
(4)
Plantings shall be located three feet on center. Suggested screen plantings for trash collection areas are:
§ 27-405 Establishment of Future Right-of-Way Widths for Roads.
[Ord. 1263, 8/10/2009]
1.
Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in Subsection 3 for the particular class of road.
2.
Measurement.
A.
The future right-of-way shall be measured from the center line of the existing road.
B.
All front yards and other appropriate yards shall be measured from the future right-of-way line.
C.
The specific classification of each road is shown on the Official Street Classification Map which is hereby incorporated into and made a part of this chapter.
3.
Minimum Widths. Minimum future rights-of-way are as follows:
Street Classification | Minimum Future Right-of-Way | |
|---|---|---|
Arterial Highway | 80 feet | |
Collector Street | 60 feet | |
Local Street | 50 feet |
§ 27-406 Frontage Development Along Arterial and Collector Streets.
[Ord. 1263, 8/10/2009]
1.
In order to encourage the sound development of frontage along arterial and collector streets and to minimize traffic congestion and hazard, the following special provisions shall apply:
A.
Off-Street Parking and Loading. All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or collector or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the arterial or collector street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent back-up of vehicles on a public street while awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.
C.
Planned Developments. In the case of a planned development, shopping center, office complex, group of multiple family dwellings, or similar grouping of principal buildings on a lot, and in any other case where practicable:
(1)
Each principal building shall front upon a marginal access street, service road, common parking lot, or similar area and not directly upon a public street.
(2)
Each point of vehicular access to and from a public street shall be located at least 200 feet from the intersection of any public street right-of-way lines, provided that such point of vehicular access which converts a "T" intersection into an intersection of two streets which cross one another shall be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Borough.
(4)
All streets and accessways shall conform to the specifications determined by the Borough Engineer and the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where deemed necessary by the Borough Engineer.
(5)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Borough.
D.
Reverse Frontage Encouraged. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged and reverse frontage shall be encouraged.
§ 27-407 Nonconformities.
[Ord. 1263, 8/10/2009]
1.
Continuation. Any nonconforming use, structure, or lot may be continued, maintained, improved and repaired, provided it conforms to the remainder of this section.
2.
Alteration or Extension.
A.
Nonconforming Structure.
(1)
A nonconforming structure may be altered, reconstructed or enlarged provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.
C.
Nonconforming Use. A nonconforming use shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence on the date the use became nonconforming.
(2)
Such alteration, reconstruction, extension or enlargement shall not create a volume or floor area of the nonconforming use which is greater than 50% more than the volume or floor area of the nonconforming use as it existed on the date the use became nonconforming, provided all other requirements of this chapter are met.
3.
Restoration. A nonconforming building or any building containing a nonconforming use destroyed by 40% or less by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be completed within one year of the date commenced.
4.
Abandonment and Non-Use.
A.
If a nonconforming use of a building is discontinued, or abandoned for 365 consecutive days, subsequent use of such building shall conform to the regulations of the district in which it is located.
B.
If a nonconforming use of land where no enclosed building is involved, discontinuance of such nonconforming use for a period of six months shall constitute abandonment and any new use must be in conformity with the regulations of the district in which it is located.
6.
District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.
§ 27-408 Temporary Structure or Use.
§ 27-409 Special Zoning Provisions for Areas Adjoining the Delaware Canal.
[Ord. 1263, 8/10/2009]
1.
Purpose. The purpose of these regulations is to preserve and enhance the Delaware Canal's recreational, environmental, historical, and scenic qualities and to ensure public access and compatible land uses along the canal.
2.
Identification of Area. These regulations shall apply to the lands within the "Delaware Canal Enhancement Area" as delineated on the Bristol Borough Zoning Map and defined in Subsection 3 below.
3. DELAWARE CANAL DELAWARE CANAL ENHANCEMENT AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
The towpath and intended waterway of the Delaware Division of the Pennsylvania Canal and including all adjacent lands, aqueducts and drainage channels owned by the Commonwealth of Pennsylvania as part of the "Delaware Canal State Park." For purposes of measuring setbacks from the center of the canal, such center shall mean the center of the channel intended to be the main waterway of the canal.
All properties that abut the lands of the Commonwealth of Pennsylvania as part of the Delaware Canal State Park; all properties that abut or include part of the Delaware Division of the Pennsylvania State Canal.
4.
Relationship to Existing Districts.
A.
In Bristol Borough, the Delaware Canal Enhancement Area shall be an overlay area to the existing zoning districts as shown on the Bristol Borough Zoning Map.
B.
The provisions of the zoning district in which these properties lie shall remain in full force, except where the provisions of this section differ from the provisions of the zoning district, in which case, the provision that is more restrictive and least permissive to an applicant, landowner, or developer shall apply.
5.
Uses Prohibited Within the Delaware Canal Enhancement Area. The following uses are specifically prohibited in the Delaware Canal Enhancement Area, in addition to any other uses that are not specifically permitted in the underlying zoning district:
A.
Use 7D Drive-through Facilities.
B.
Use 4H Car Wash.
C.
Use 4C Auto Repair Garage (Major Repairs).
D.
Use 4D Auto Repair Garage (Minor Repairs).
E.
Use 4E Auto Service Station.
F.
Use 4F Auto/Boat/RV Sales.
G.
Use 4A Adult Business.
H.
Use 4L Forestry/Timber Harvesting.
I.
Use 6F Junkyard (Salvage Yard).
J.
Use 6K Oil and Petroleum Storage and Shipping.
K.
Use 6N Resource Recovery.
L.
Use 6P Solid Waste Landfill.
6.
Dimensional and Lot Coverage Requirements for the Delaware Canal Enhancement Area. Lot and setback regulations for the Delaware Canal Enhancement Area shall be as follows, unless a more restrictive requirement is stated elsewhere in this chapter. The required setbacks for the Canal Enhancement Area listed in Subsection 6A below shall not apply to permitted public utility facilities and publicly-owned recreational facilities.
A.
A minimum building setback of 150 feet from the center of the existing and/or intended waterway (where it is not watered, or is paved over) of the Delaware Canal shall be provided for Use 4P Kennel, Use 4DD Shopping Center and for all industrial uses, where such uses are permitted in the underlying districts.
Except for uses noted in the preceding paragraph and uses specifically prohibited in the Delaware Canal Enhancement Area by Subsection 5 above, all other uses permitted in the underlying zoning districts shall have the following setbacks: |
(1)
Areas North of Washington Street. A minimum building setback of 50 feet from the center of the existing and/or intended waterway (where it is not watered, or is paved over) of the Delaware Canal shall be provided.
(2)
Areas South of Washington Street. A minimum building setback of 25 feet from the center of the existing and/or intended waterway (where it is not watered, or is paved over) of the Delaware Canal shall be provided.
During any filling, grading, dredging or construction activity, all reasonable efforts shall be made to leave the setback areas undisturbed. |
B.
The maximum building coverage for that portion of the lot within the Delaware Canal Enhancement Area, not including the canal and the Canal State Park, shall be no more than 30%.
C.
The maximum impervious lot coverage for that portion of the lot within the Delaware Canal Enhancement Area, not including the canal and the Canal State Park, shall be 65%.
7.
Preservation of Trees and Forests Within a Specified Distance of the Delaware Canal. The following provisions shall apply within 125 feet of the center line of the existing and/or intended waterway of the Delaware Canal for areas north of Washington Street, and within 50 feet of the center line of the existing and/or intended waterway of the Delaware Canal for areas south of Washington Street:
A.
Intent. To protect wildlife and bird habitats, encourage groundwater recharge, avoid pollution of creeks by high temperature runoff, maintain the attractive character of areas, conserve energy, control soil erosion and sedimentation and decrease air pollution.
B.
Tree Removal. On any lot, no more than 25% of the total number of trees that have a truck diameter of six inches or more (measured at a height three feet above original grade) shall be removed in any calendar year as part of the development, expansion or change of a use unless each such additional tree meets or will meet one or more of the following conditions:
(1)
Is located within 10 feet of an uncurbed vehicular cartway.
(2)
Is within five feet of a proposed or existing vehicular cartway, shoulder, sidewalk, bikeway, curbline or utility corridor.
(3)
Is within 25 feet of an approved stormwater detention basin, paved area, driveway, on-lot sewage system, or the base or walls of an approved structure.
(4)
Is diseased, dead or poses a clear danger to a structure, utility or public improvement.
(5)
Is a hazard to vehicular sight distance.
(6)
Is clearly of old age and unhealthy and cannot reasonably be expected to live for more than an additional five years.
(7)
Is within an area of an approved principal or accessory use that clearly requires the removal of the tree.
C.
Protection of Trees During Construction. Reasonable efforts shall be taken during any construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment and materials, damage by equipment or change in grade level. Trees that were required to be preserved and that were destroyed shall be replaced by the developer with new trees with the closest trunk width that is reasonably available, in addition to any penalty that may be exercised under this chapter.
8.
Grading Standards.
A.
Drainage facilities shall be constructed to convey water to street or other drainage facilities but not into the canal.
B.
All graded surfaces must be seeded or stabilized within 60 days.
C.
No slopes greater than 25% shall be created.
D.
No depositing or placing of debris or other material into any drainage ditch or drainage structure or the canal shall be permitted.
E.
The applicant shall not modify, fill, excavate, or regrade the land in any manner within five feet of the property line of the Delaware Canal.
9.
Soil Erosion and Sedimentation Control. All new or expanded uses shall comply with the Pennsylvania Department of Environmental Protection regulations controlling soil erosion and sedimentation and the Borough Subdivision and Land Development Ordinance [Chapter 22] requirements referring to erosion and sedimentation control.
In addition, all new uses or expanded uses shall comply with the following requirements in order to be eligible for a zoning permit: |
A.
A plan for the control of erosion, sediment and grading is required whenever the topography and vegetation on a property will be disturbed by the establishment of a new or expanded use.
B.
Applications for permits must provide the following:
(1)
Plan of existing and proposed site features (vegetation, streams, etc.)
(2)
A topography survey.
(3)
A plan of proposed improvements.
(4)
Description of the soil and erosion control measure to be used.
(5)
Time schedule.
(6)
Grading plan showing cuts and fills, well, septic systems.
(7)
Proposed final topography.
(8)
Plan for the disposition of water and runoff.
10.
Buffer Yards along the Delaware Canal.
A.
Buffer Yard. Whenever the following uses are adjacent to or across the street and visible from Delaware Canal State Park, a twenty-foot wide buffer yard with evergreen screening shall be required for any proposed new or expanded uses:
(1)
Commercial or industrial use.
(2)
Outdoor commercial or industrial storage area.
(3)
Area routinely used for the parking, loading or unloading of two or more tractor trailers.
(4)
Any stormwater detention basin of more than 20,000 square feet in maximum water detention area (other than a basin that is planted in grass and is suitable for being mowed or will clearly resemble a natural pond).
B.
Standards for Buffer Yards.
(1)
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas, or vehicular parking. No new driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.
(2)
The Zoning Officer may waive the required evergreen screening if a substantial natural berm or slope or dense vegetation will be maintained and will be substantial enough to meet the buffer provisions of this section, or if topographic conditions or the creation of berming by the developer would clearly relieve the need and cause for screening.
(3)
Any fence that may be constructed shall be on the inside of any required evergreen screening.
(4)
Each buffer yard shall include a planting screen of evergreen (as opposed to deciduous) trees or shrubs extending the full length of the required buffer yard. Required plant materials shall have a minimum height when planted of three feet. Plant materials used in the planting screen shall be of such species, spacing and size as can reasonably be expected to produce, within five years, a solid year-round visual screen at least six feet in height.
11.
Signs. The following regulations shall apply to any signs within 200 feet of the center line of the intended waterway of the Delaware Canal, unless stricter requirements are established elsewhere in Part 6, or unless clearly proven to the satisfaction of the Zoning Officer that such sign clearly would not be partially or wholly visible from any portion of the Delaware Canal State Park.
A.
Wall Signs. The area of all wall signs on any side of a building shall not be greater than 5% of total vertical area (not including the area of any slanted roof) of the building face on which the sign(s) is located. Such signs shall be located on a maximum of two faces of a building. Such signs and/or their backing shall not project above the structural roof line of the building to which they are attached.
B.
Freestanding Sign. There shall be a maximum of one freestanding sign structure per lot or per principal use, whichever is more restrictive, with maximum total sign area of 20 square feet on each of two sides. This sign structure may consist of several attached signs, within the total permitted square footage. Such sign shall have a maximum total height of nine feet above the surrounding average ground level.
C.
Freestanding Sign on a Mobile Stand. Freestanding signs on a mobile stand that are not permanently attached to the ground and that could be towed from one location to another are prohibited.
D.
Off-Premises Sign. Off-premises signs are prohibited, except for signs specifically erected by an authorized federal, state, county or municipal entity for a valid public purpose.
12.
Access to the Delaware Canal Enhancement Area. The Borough Council, after receiving the advice of the Planning Commission, may require a subdivision or land development to include an appropriate bicycle or pedestrian easement, and/or to construct an appropriate sidewalk, pathway and/or bike path as needed to provide access to the Delaware Canal State Park from the subdivision or land development and/or adjacent bike paths, parks, streets, or residences.
§ 27-410 Consistency with the Bucks County Waterfront Revitalization Plan.
[Ord. 1263, 8/10/2009]
1.
Purpose. The purpose of this section is to encourage consistency with the general recommendations and the specific recommendations and action steps noted in the Bucks County Waterfront Revitalization Plan (February 2005) related to improving access to and from the Delaware River.
2.
Identification of Area. Lands adjacent to the Delaware River that are not located within the H Historic Overlay District or the C Conservation District.
3.
Applicability.
A.
All lands within the identified area as specified in Subsection 2 above should comply with the general recommendations and the specific recommendations and action steps outlined in the Bucks County Waterfront Revitalization Plan (February 2005), where applicable.
B.
In addition, one of the primary overall recommendations in the waterfront plan is to enliven the river's edge by increasing and improving public access to and from the Delaware River. To help implement this general recommendation, every new or redevelopment project included in the identified area as specified above in Subsection 2 should provide access along the river's edge for future use as a public linear park.