Chalfont City Zoning Code
ARTICLE V
Performance Standards
§ 440-16 Compliance.
The performance standards contained in this article shall govern in all districts.
§ 440-17 Site capacity calculations.
The following site capacity calculations shall be submitted with all applications for subdivision or land development. Through these calculations, the net buildable site area, the maximum number of dwelling units, the maximum amount of impervious surfaces and the required open space shall be determined.
A.
Base site area. Calculate the base site area. From the total site area subtract future road rights-of-way, existing utility rights-of-way, land which is not contiguous or which is separated from the parcel by a road, railroad or major stream which acts as a major barrier to common use or land shown on previous subdivision or land development plans as reserved for open space.
(1) | Total site area | = | _____ acres. |
– | _____ acres. | ||
(2) | Base site area | = | _____ acres. |
B.
Land with resource restrictions and resource protection land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations.
Resource | Open Space Ratio | Acres of Land in Resources | Resource Protection Land (acres x open space ratio) | |
|---|---|---|---|---|
Floodplains | 1.00 | |||
Steep slopes | ||||
15% to 25% | 0.70 | |||
25% or more | 0.85 | |||
Forested areas | ||||
No other resource | 0.50 | |||
With other resource | 0.80 | |||
Ponds | 1.00 | |||
Pond shore areas | 0.80 | |||
Water of the commonwealth | 1.00 | |||
Wetlands | 1.00 | |||
Wetland margins | 0.80 | |||
Land with resource restrictions | _____ acres | |||
Resource protection land | _____ acres | |||
C.
Net buildable site area. Calculate the net buildable site area:
Base site area | _____ acres |
Subtract resource protection land | – _____ acres |
Net buildable acres | = _____ acres |
Number of dwelling units. Calculate the maximum number of dwelling units: | |
(For nonresidential uses, skip to Subsection D.) | |
Net buildable site area | _____ acres |
Multiply by maximum density | x _____ (see applicable district regulations) |
Number of dwelling units (do not round up) | = _____ dwelling units |
D.
Impervious surface. Calculate the maximum area of impervious surfaces.
Net buildable site area | _____ acres |
Multiply by maximum impervious surface ratio | x _____ (See applicable district regulations) |
= _____ acres |
§ 440-18 Definitions.
As used in this article, the following terms shall have the meanings indicated:
One-fourth acre or more of wooded land where the largest trees measure at least six inches in diameter at breast height (dbh) or 4 1/2 feet from the ground. The forest shall be measured from the dripline of the outer trees. A forest is also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at breast height.
Natural or artificial bodies of water less than two acres which retain water year round.
Areas of 1/4 acre or larger where the average slope exceeds 15% which, because of this slope, are subject to high rates of stormwater runoff and therefore erosion.
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, ponds, springs, underground water or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. In addition to areas identified as marshes, swamps and bogs, wetlands are portions of the following soil types:
§ 440-19 Environmental performance standards.
[Amended 3-21-2000 by Ord. No. 319-A]
All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.
A.
Floodplain. Such areas shall remain as permanent open space, except for minor road crossings where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. See Chapter 216, Floodplain Management, of the Code of the Borough of Chalfont.
B.
Steep slopes. In areas of steep slopes, the following standards shall apply:
(1)
Fifteen to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(2)
Twenty-five percent or steeper. No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(3)
Areas of steep slope that are less than 3,000 square feet shall be exempt from these standards.
C.
Forested areas. In areas of forest, the following standards shall apply:
(1)
No more than 50% of a forested area not associated with another environmentally sensitive resource shall be altered, regraded, cleared or built upon. The remaining 50% shall be permanently preserved.
(2)
No more than 20% of a forested area associated with another environmentally sensitive resource shall be altered, regraded, cleared or built upon. The remaining 80% shall be maintained as permanently preserved.
D.
Ponds and waters of the commonwealth. Such areas shall remain as permanent open space and free-flowing. Such areas shall not be altered, regraded, filled, piped, diverted or built upon, except for minor road crossings where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
E.
Pond shore area. The shorelines of ponds, to a distance of 100 feet from the shorelines, shall contain no more than 10% impervious surfaces. At least 80% shall remain as permanent open space in which no alteration, regrading, filling or development shall be permitted.
F.
Wetlands. The following standards shall apply to wetlands:
(1)
Delineation of wetlands. [NOTE: See Appendix A[1] for a plant list of common wetland species found in Bucks County. Hydric soils in Bucks County include Bowmansville and Doylestown. These species are reliable indicators of wetlands when found dominating a site (i.e., comprising more than 50% of the vegetation)]. When the National Wetlands Inventory (NWI) maps indicate wetlands on a site or when a site contains hydric soil or an area with a predominance of wetlands vegetation, an on-site investigation shall be conducted to determine if wetlands are present on the site. A landowner or an applicant shall use one of the following methods to delineate wetlands:
(a)
Wetland boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Borough.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Wetlands of one acre or greater in size shall remain as permanent open space. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.
(3)
Wetlands of less than one acre in size shall not be altered, regraded, filled, piped, diverted or built upon, except where state and federal permits have been obtained. In addition, any Department of Environmental Protections regulations (under Pennsylvania Code Title 25, Chapter 105, Dam Safety and Water Management) concerning activities in wetland margins shall be met.
G.
Stormwater. The stormwater shall be managed in accordance with Chapter 353, Stormwater Management, of the Code of the Borough of Chalfont.
H.
Soil erosion and sedimentation. All uses shall protect streams, lakes and ponds from sedimentation damage and control erosion in accordance with the Clean Streams Law, P.L. 1987[2] (25 Pa. Code Chapter 102), except that, in addition, all subdivisions and land developments shall submit a soil erosion and sedimentation plan as part of the preliminary subdivision or land development plan. The required soil erosion and sedimentation plan shall be submitted to the Bucks County Conservation District.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
I.
Sewage disposal. All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the current official sewage facilities plan in accordance with Act 537, the Pennsylvania Sewage Facilities Act,[3] the Bucks County Department of Health and the Pennsylvania Department of Environmental Protection. The applicant shall demonstrate compliance with the requirements of this section for all applications for zoning or building permits. The applicant shall present certification that capacity is available at the Chalfont-New Britain Township Joint Sewage Authority (CNBTJSA).
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
J.
Permanent removal of topsoil. The permanent removal of topsoil from any parcel of land shall be prohibited, except as follows:
(1)
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature or ponds and lakes may be considered excess and may be removed by the owner.
(2)
During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
K.
Permanent removal of subsurface solids. The permanent removal of subsurface solids, whether soil, clay or mineral in nature, for other than on-site construction or grading purposes shall be prohibited.
§ 440-20 Buffer yards.
A.
Buffering serves to soften the outline of buildings, to screen glare and noise and to create a visual and/or physical barrier between conflicting land uses. Buffer yards are required between uses and along existing and proposed streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. To determine the required buffer yard and planting schedule, a three-step procedure should be followed:
(1)
Step 1. Site analysis and determination of buffer yard class. For each property boundary, the applicant shall determine the adjacent land use. Land use information shall be determined by an on-site survey. Table 1 specifies the buffer yard class for each boundary.[1] The applicant shall match his proposed land use with the corresponding adjacent land use for each property boundary. The letter indicates the buffer yard class.
[1]
Editor's Note: Table 1, Determination of Buffer Yard Class, is included as an attachment to this chapter.
(2)
Step 2. Selection of the planting option for the buffer yard class. After determining the buffer yard class, the applicant shall select a planting option from Table 2.[2] For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary.
[2]
Editor's Note: Table 2, Buffer Yard Planting Options, is included as an attachment to this chapter.
(3)
Step 3. Selection of the plant materials from the plant materials list. For each planting option, any of the plant materials outline in Table 3 may be utilized.[3] Minimum plant size, given either in height or in caliper, is indicated on this table. The Borough Council may permit other plant types if they are hardy to the area, are not subject to blight or disease and are of the same general character and growth habit as those listed in Table 3. All plant material shall meet the standards of the American Association of Nurserymen. The applicant shall not be required to provide a buffer yard should existing planting, topography or man-made structures be deemed acceptable for screening purposes by the Borough Council or the Zoning Officer.
[3]
Editor's Note: Table 3, Plant Materials List, is included as an attachment to this chapter.
B.
General requirements.
(1)
(2)
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(3)
No structure, sign, manufacturing or processing activity, commercial activity, parking or storage or display of materials shall be permitted in the buffer yard.
(4)
Existing buffer. All existing deciduous and coniferous trees larger than two inches in caliper and six feet in height may be considered to contribute to the definition of an "existing buffer" on the property. If the amount of existing plant material that size or greater equals any of the planting requirements, the equivalent reduction of required plant material may be taken. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
(5)
Plant materials shall be permanently maintained, and any plant material which does not live shall be replaced within one year of installation.
(6)
Planting design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here, a dense visual screen is required. Thus, plant material shall be at least four feet high when planted and be of such species as will ultimately produce a screen at least eight feet high.
(7)
The plant material shall be so placed that at maturity it will be no closer than three feet to any property or street line.
(8)
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets in accordance with § 440-38.
(9)
The screen planting shall be broken only at points of vehicular or pedestrian access.
(10)
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials to be placed in such buffer yard shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
C.
Special buffer yard requirements. The following requirements shall supersede the buffer yard requirements of Table 1, Determination of Buffer Yard Class:[4]
(2)
Buffer yard requirements along arterial streets.
(a)
Where a residential use is proposed adjacent to an arterial street, a Class "C" buffer yard shall be provided.
(b)
No screen planting shall be required along arterial streets which form district boundary lines, provided that:
[1]
The proposed use is nonresidential.
[2]
No outdoor processing, manufacturing or commercial activity and no outdoor storage or display of material shall be so located as to be visible from the property across the expressway or arterial street.
[3]
The front of the building faces the expressway or arterial street.
[4]
Editor's Note: Table 1, Determination of Buffer Yard Class, is included as an attachment to this chapter.
§ 440-21 Protection of historic resources.
A.
In accordance with the Pennsylvania Municipalities Planning Code (MPC) Section 603,[2] this chapter contains the following provisions. The MPC states that "Zoning ordinances shall provide for protection of natural and historic features and resources." The MPC also allows for overlay provisions, including additional zoning classifications within districts, to address "places having unique historical, architectural or patriotic interest or value." (MPC, Section 605.[3])
B.
Based on these mandates, the following regulations shall apply.
C.
The Borough's historic resources have been studied and evaluated by the Borough, and the Borough of Chalfont Historic District has been officially designated by the Pennsylvania Historical and Museum Commission. It is the purpose of this section to protect the district and the resources within the Historic District. The following regulations shall apply to all applications for zoning permits, subdivision, and land developments for any property within the officially designated Borough of Chalfont Historic District.[4]
(1)
Historic overlay for buildings within the Borough of Chalfont Historic District. The Historic District encompasses the historic center of the Borough of Chalfont and contains valuable resources that reflect the historic development patterns of the Borough. To protect this area and the architectural and historic resources, the following regulations shall apply and are enacted in accordance with Section 605.2(vi) of the Pennsylvania Municipalities Planning Code.[5]
[5]
Editor's Note: See 53 P.S. § 10605(2)(vi).
(2)
Regulations applicable within the Historic District. These regulations shall be in effect throughout the Historic District and shall apply.
(a)
No drive-through facilities or drive-through windows are permitted.
(b)
No retail sale of gasoline or fuel products is permitted.
(c)
Parking shall be located to the side or rear of the principal structures and may not be located within the front yard or in front of the principal structure.
(d)
No individual use shall exceed 5,000 square feet of gross floor area, which shall be calculated as a total of all floors within any building.
[1]
Editor's Note: Ord. No. 330 also provided that "Nothing herein shall be construed as conflicting with or modifying the applicability of any other applicable Borough ordinances, including, without limitation, the Borough's Historical District Ordinance . . . In the event of a conflict among applicable ordinances, the more stringent requirements shall apply." The Borough's Historical District Ordinance is now Ch. 237, Historic Preservation, of this Code.
§ 440-22 Noise.
[Amended 3-21-2000 by Ord. No. 319-A]
A. AMBIENT SOUND CONTINUOUS SOUND IMPULSIVE SOUND LAND USE NORMAL RESIDENTIAL ACTIVITIES SOUND SOURCE
Terminology. All technical terminology not defined below shall be defined in accordance with applicable publications of the American National Standard Institute [Acoustical Terminology, ANSI, S1.1-1960 (R1976), with its latest approved revisions].
The all-encompassing noise associated with a given environment being a composite of sound from many sources near and far, excluding the sound source.
Any sound which is steady state, fluctuating or intermittent with a recurrence greater than one time in any one-hour interval.
Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one hour.
The actual real use of land and buildings, regardless of the zoning or other classification attributed to such land and buildings.
Any sound which is generated as a result of an owner or occupier of a residence exercising his normal and usual right to enjoy, maintain, repair or improve said residence or the real property upon which the residence is located.
The noise which is being evaluated to determine its conformance with permissible sound levels.
B.
Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment, methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI, Standard Specification for Sound Level Meters, S1.4-1971, and ANSI S1.13-1983, "Standard Methods for the Measurement of Sound Pressure Levels"), with its latest revisions, or may be done manually as follows:
(1)
Observe the ambient sound on a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(2)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.
(3)
Calculate the arithmetical average of the observed central tendency indications. This value is the ambient sound level.
(4)
Observe a sound level meter for five seconds with the sound source operating and record the best estimate of central tendency of the indicator needle and the highest and lowest indications.
(5)
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.
(6)
Calculate the arithmetical average of the observed central tendency indications. This is the sound level of the ambient sound plus the sound source (total sound level).
(7)
If the difference between the ambient sound and the sound source is 10 dBA or greater, the measured sound level is an accurate measurement of the sound source. This value should be compared to the permitted sound levels in Table I below.
Table I Continuous Sound Levels by Receiving Land Use | ||
|---|---|---|
Receiving Land Use Category | Time | Sound Level Limit |
I. Residential, public space, open space, agricultural or institutional | 1) 7:00 a.m. to 10:00 p.m. | 55 dBA |
2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | ||
II. Office, commercial or business | 1) 7:00 a.m. to 10:00 p.m. | 65 dBA |
2) 10:00 p.m. to 7:00 a.m., plus Sundays and legal holidays | 60 dBA | |
III. Industrial | At all times | 70 dBA |
(8)
Due to the logarithmic nature of sound, if the difference between the ambient sound level and the total sound level is less than 10 dBA, a correction factor shall be applied. The correction factors are noted in the table below:
Total Sound Level Minus Ambient Sound Level | Correction Factor to be Subtracted from Total Sound Level |
|---|---|
10 | 0 |
9 | 1 |
8 | 1 |
7 | 1 |
6 | 1 |
5 | 2 |
4 | 2 |
3 | 3 |
2 | 4 |
1 | 7 |
(9)
The total sound level less the correction factor is compared to the permitted sound levels in Table I.
C.
Sound levels by receiving land use. No person shall operate or cause to be operated within the Borough any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at or beyond the property boundary of the receiving land use during the times specified in Table I. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth in Table I, provided that in no case shall they exceed 80 dBA, regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter meeting the American National Standard Institute specifications S1.4-1983.
D.
Specific prohibitions. The following acts and the causes thereof are declared to be in violation of this chapter:
(1)
Operating, playing or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance which meets the criteria of Subsection C above across a real property line.
(2)
Owning, possessing or harboring any animal which frequently or for any continued duration howls, barks or makes any other sound so as to create a noise disturbance which meets the criteria of Subsection C above across any real property boundary.
(3)
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays if such operation creates a noise disturbance across a real property boundary line. This subsection does not apply to domestic power tools or to vehicles which are duly licensed, registered and inspected for operation on public highways.
(4)
Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary.
(5)
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a real property boundary.
E.
Exceptions. The maximum permissible sound levels by receiving land use established in Subsection C shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Work to provide electricity, water or other public utilities when public health or safety are involved.
(3)
Agriculture.
(4)
Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, Title 67, Chapter 450, governing established sound levels, effective August 27, 1977).
(5)
Public celebrations specifically authorized by the Borough.
§ 440-23 Smoke, ash, dust, fumes, vapors and gases.
There shall be no emission of smoke, ash, dust, dirt, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control laws or other regulations of the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency.
§ 440-24 Heat.
No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.
§ 440-25 Odor.
A.
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
§ 440-26 Light.
[Amended 7-13-2004 by Ord. No. 341]
A. FOOTCANDLE
Terminology. As used in this section, the following terms shall have the meanings indicated:
The unit of illumination when the foot is the unit of length.
B.
Standards. All uses shall minimize the production of light, heat or glare that is perceptible beyond any property line of the lot on which the light, heat or glare is produced.
(1)
Lighting shall be installed as desired by the applicant and/or required by the Borough, at the expense of the applicant, utilizing underground conduit in accordance with the applicable version of the NEC in accordance with the Pennsylvania Uniform Construction Code. All lighting fixtures shall be operated and maintained by the property owner and/or tenant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Fixtures provided shall maintain a uniform light level within the area and shall be suitable and customary for the installation.
(3)
Requirements for lighting standards.
(a)
Lighting standards within parking areas and/or material storage lots shall be located not more than 100 feet apart.
(b)
Lighting standards located within the Borough shall not exceed 16 feet above finished grade.
(c)
Fixtures mounted on lighting standards shall be angled downward at an angle no higher than 30° from a vertical line to the center of the earth.
(d)
Lighting standards within parking areas and/or material storage lots shall be operated by automated timing devices which shall reduce the uniform light level to one footcandle (Fc) within the area during periods in which the facility is not in operation. For facilities which operate for 24 hours, the lighting shall be reduced to one Fc at 9:00 p.m. standard local time.
(4)
All lighting shall be effectively shielded and installed so as to protect adjacent streets and properties from direct glare or light radiation which may cause a safety problem and/or nuisance. Glare control shall be eliminated by the use of shields mounted on the fixtures.
(5)
All outdoor lighting using high-pressure sodium, metal halide and fluorescent lamps and incandescent lamps greater than 160W shall be fully shielded to prohibit light from being emitted above a horizontal line parallel to the ground.
(6)
All outdoor lighting shall meet the standards below, as published in the Illuminating Engineering Society Publication PR-89, indicating the illumination intensity and uniformity requirements. IES Lighting Handbook, 4th Edition, Illumination Engineering Society, New York.
Footcandle (Fc) Standards by Zoning District | ||||
|---|---|---|---|---|
Land Use | Commercial | Industrial | Residential | |
Pedestrian areas | ||||
Sidewalks | 0.9 | 0.6 | 0.2 | |
Pedestrianways | 2.0 | 1.0 | 0.5 | |
Roadways | ||||
Arterials | 2.0 | 1.4 | 1.0 | |
Collectors | 1.2 | 0.9 | 0.6 | |
Local streets | 0.9 | 0.6 | 0.4 | |
Alleys | 0.6 | 0.4 | 0.2 | |
Parking areas | ||||
Self parking | 1.0 | |||
Attendant parking | 2.0 | |||
Buildings | ||||
Entrance and doorway area | 5.0 | |||
General grounds | 1.0 | |||
(7)
At no time shall the light measured at the property line for any installation and/or facility located within the Borough exceed 0.2 Fc.
(8)
Final determination for lighting installations meeting the criteria identified above shall be the responsibility of the Borough of Chalfont Engineer and/or Borough of Chalfont Zoning Officer. If the Borough of Chalfont Engineer and/or Borough of Chalfont Zoning Officer determines that a lighting installation produces unacceptable levels of light and/or nuisance glare, the property owner shall be notified to reduce the light levels and/or eliminate the glare.
(9)
This section shall supersede all other conflicting requirements in this chapter.
(10)
All outdoor lighting for sports or recreational activity uses shall be completely shut off not later than 11:00 p.m. on Fridays and Saturdays, and not later than 10:00 p.m. on all other days, and may not be turned on again until the following day.
(11)
Notwithstanding the foregoing and any other contrary provision of this chapter, a nonconforming installation of outdoor lights in an OS/P Open Space/Parkland District may be replaced, altered or modified under the following conditions:
(a)
Such replacement, alteration or modification may include increases in height of pole standards, provided that the maximum height shall not exceed 70 feet. The plan for replacement, alteration or modification may also include installation of trees, shrubs, hedges and fences for the purpose of screening or reducing light and glare, provided that such trees, shrubs, hedges and fences comply with applicable ordinances.
(b)
The applicant shall submit a plan, prepared by a professional engineer, showing the existing lighting plan and the proposed lighting plan. The applicant shall also submit certified nighttime illumination measurements, made by a person whose competence and experience is acceptable to the Borough Engineer or Code Enforcement Officer, for the existing lighting on each adjacent property and from any other point and direction as directed by the Borough Engineer or Code Enforcement Officer.
(c)
The applicant shall show, by means of a written competent professional report, that such alteration or modification will reduce by at least 20% the average of all the illumination measurements taken pursuant to the preceding Subsection B(11)(b) and will not cause an increase in the average glare or light radiation to any other property or public street. Where practical, the applicant shall design the alterations, including the use of screening, so as to bring the lighting as closely into compliance with Subsection B(7) as possible. Upon completion of the required light measurements and satisfactory review of the above-mentioned professional report by the Borough Engineer, a conditional zoning permit may be issued. Following completion of the alteration or modification, the Borough shall promptly verify by means of its own professional that the requirements of this subsection have been met. The applicant shall cooperate with the Borough professional's verification. The cost of the Borough's professional's verification and report to the Borough shall be paid by the applicant. If the Borough's professional reports that the requirements of this section have not been met or if the applicant fails to pay for the cost of verification, then the conditional zoning permit shall be revoked and the applicant will, upon direction from the Borough Council, discontinue the use of such modified or altered lighting until such time as compliance can be shown and the applicant has paid for the Borough's professional verification of compliance.
(d)
For any application in which the applicant proposes an increase in pole height, the light fixtures on any such pole shall be shielded.
(e)
Any applicant applying under this provision shall be deemed to have waived any claim for a vested right or a variance by estoppel in the event that the conditional zoning permit is revoked pursuant to the procedure set forth in the preceding subsection.
(f)
All installation and construction of lighting and light standards shall be undertaken pursuant to properly issued building and other applicable permits and shall be in accordance with standard engineering and safety standards for such installation and construction.
(g)
Other than as specifically permitted above, the applicant shall show compliance with all other requirements of this section.
§ 440-27 Vibrations.
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity and regular or railroad traffic.
§ 440-28 Storage and waste disposal.
A.
No storage of flammable or combustible liquids in excess of 30 gallons shall be permitted unless written approval has been obtained from the Director of the Pennsylvania State Police, Fire Marshal Division. This requirement shall not apply to domestic fuel oil heating systems.
B.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
C.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
§ 440-29 Radioactivity and electrical disturbance.
A.
Any use which emits dangerous or harmful radioactivity shall be prohibited. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Title 25 Pa. Code, the Pennsylvania Department of Environmental Protection rules and regulations.
B.
No use shall produce an electrical disturbance which adversely affects the operation of any equipment beyond its property line. This requirement shall not apply to electronic and electrical equipment which meet the applicable standards of the Federal Communications Commission (FCC), the Underwriters Laboratories (UL) and the Electronics Industries Association (EIA).
§ 440-30 Running bamboo.
[Added 3-8-2016 by Ord. No. 421]
A.
Purpose. The provisions of this section are enacted to control the planting, growing or cultivating of running bamboo in the Borough of Chalfont so as to prevent the spread of running bamboo and the trespass of running bamboo onto the public rights-of-way and/or neighboring properties. Therefore, it is the intent of this section to ensure that running bamboo growth does not become a threat to the public health, safety and welfare.
B. RUNNING BAMBOO
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any of various woody or arborescent grasses, as of the genera bambusa, arundinaria and dendrocalamus of the subfamily bambusoideae, of tropical and temperate regions having hollow stems and thick rhizomes, including, but not limited to, Acidosasa, Arundinaria, Bashania, Brachystachyum, Chimonobambusa, Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, and Sinobambusa.
C.
Vegetation restricted. No person, firm, corporation or other entity owning or occupying any property within the Borough of Chalfont, Bucks County, Pennsylvania, shall plant, cause to grow or cultivate running bamboo except as allowed under § 440-30E.
D.
Removal, cutting or trimming required.
(1)
The owner of any premises on which running bamboo plants or roots currently exist shall remove, trim or cut all running bamboo located on said property which violates the provisions of this section, such that no part of running bamboo, including the root system, is closer than 20 feet to any public right-of-way or any property line, and he/she shall provide barriers to prevent future encroachment of running bamboo plants or root systems into these areas.
(2)
The barrier shall be composed of a high-density polypropylene or polyethylene, with a thickness of at least 40 mils. The barrier shall be secured and joined together by stainless steel clamps or stainless steel closure stripes designed to be used with such barriers and shall be installed at least 30 inches deep. At least three inches of barrier must protrude above ground level, and the barrier shall slant outward from bottom to top.
E.
Regulations governing planting, growing or cultivation of running bamboo. No person, property owner, or tenant shall plant, cause to grow or cultivate any running bamboo plants on any lot or parcel of ground within the Borough, subject to the following exception:
(1)
The root systems of the bamboo plants are entirely contained within an aboveground planter, barrel or other container of such design, material and location as to prevent the spread of the bamboo root system beyond the confines of the container in which it is contained.
F.
Complaint, notice, order for removal and compliance. Whenever a complaint is received by the Borough regarding the encroachment of any running bamboo plant or root onto the public right-of-way and/or any other neighboring property, or whenever the Borough on its own observations and inspections determines that there is an encroachment of running bamboo plants or roots onto the public right-of-way, the Borough shall give notice to the property owner to remove the running bamboo plant or root system.
(1)
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery. If the certified mail is marked "refused," "unclaimed" or otherwise undeliverable by the United States Postal Service, notice will be sent by regular mail and by posting a notice on the property.
(2)
The notice shall specify the nature of the violation.
(3)
The notice shall state that the violation must be corrected within 30 days from the date of mailing or posting of the property, whichever is later.
(4)
The notice shall state specifically what must be done by the property owner to correct the violation and come into compliance.
(5)
The notice shall state that failure to comply within 30 days may result in a citation being issued to the property owner daily until such time as the running bamboo plants and root system is removed.
(6)
The Borough may, at the discretion of the Borough Council, elect to remove or have removed the offending running bamboo plant and root system and have the property owner be billed for all costs incurred by the Borough, or the Borough may have a lien placed on the property for the cost associated with removal.
(7)
The Borough and/or any subcontractor retained by the Borough to remove the running bamboo plant and root system shall have no liability for damages to the property associated with the violating vegetation. Any and all damages to other properties from the removal of the running bamboo plant or root system shall be the sole responsibility of the property owner of the property in which the violation exists.
(8)
Once removed, the replanting of the running bamboo plant or root system is prohibited.
§ 440-31 Off-street parking facilities.
A.
Existing parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
B.
Change in requirements. Whenever there is an alteration of a structure or an expansion of a use which increases the parking requirements according to the standards of § 440-15, additional parking shall be provided for the alteration or expansion in accordance with the requirements of that section. Whenever there is a change of use which increases the parking requirements according to the standards of § 440-15, the total amount of parking required for the new use shall be provided in accordance with the requirements of that section.
C.
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
D.
Continuing obligation. All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board as a special exception and then only after proof that, by reason of diminution in floor area, seating area or change in other factors controlling the regulations of the number of parking spaces, such reduction is in conformity with the requirements of this chapter. Reasonable precautions shall be taken by the owner or sponsor of a particular use to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
E.
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.
F.
Location of parking spaces. Required off-street parking spaces shall be located on the same lot or premises with the principal use served. Where a nonresidential use cannot meet this requirement, the required off-street parking may be located within 300 feet of the premises to which they are appurtenant; however, pedestrian access from the parking facility to the nonresidential use shall be provided.
G.
Fractional measurements. If, in determining the number of required off-street parking spaces, there results a fractional space, any fraction up to and including 1/2 shall be disregarded and any fraction over 1/2 shall require one space.
H.
Maintenance of parking areas. For parking areas of three or more vehicles, the areas not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition (i.e., free from holes or clearly delineated) shall be considered a violation of this chapter.
§ 440-32 Reduction of nonresidential parking requirements.
In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, the Borough Council, after consulting with the Planning Commission and Borough Engineer, may permit a conditional reduction of parking spaces if the following conditions are satisfied:
A.
This conditional reduction of parking shall apply to Use D3 Office Park, Use E19 Shopping Center and Use G3 Wholesale Business, Wholesale Storage or Warehousing. The Borough Council may permit a conditional reduction of parking for other uses where it deems appropriate.
B.
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
C.
The conditional reduction shall provide for the establishment of not less than 80% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated on the land development plan.
D.
The land development plan shall indicate that the maximum impervious surface ratio will be met if the total number of required parking spaces is provided.
E.
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved areas with the land development plan.
F.
The developer shall enter into a written agreement with the Borough Council that, after 18 months following the issuing of the last occupancy permit, the additional parking space shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need for the particular land development. This agreement shall apply to any future owners of the property.
G.
At the time of the above-stated agreement, the developer or owner shall post a performance bond or other securities to cover the cost of the installation of the remaining parking spaces. Eighteen months after the issuance of the last occupancy permit, the Borough Council, with recommendations of the Borough Engineer and the Planning Commission, shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.
H.
Land which has been determined and designated by the Borough Council to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.
§ 440-33 Parking design standards.
[Amended 3-21-2000 by Ord. No. 319-A]
A.
Automobile parking facilities shall be provided off street in accordance with the requirements of § 440-15 of this chapter.
B.
At no time shall angle or perpendicular parking be permitted along the public streets.
C.
All parking area, drives or access and circulation roads shall be physically defined by one or more of the following methods:
(1)
Concrete curbing.
(2)
Wood or concrete bollards.
(3)
Railroad ties.
(4)
Concrete tire stops. All of the above shall be to Pennsylvania Department of Transportation specifications. Bituminous curbing may be approved for use in areas where traffic volumes are low and there is little or no potential for damage.
D.
No one single parking line shall exceed 25 cars. Lines exceeding 25 cars shall be separated by a planting strip equal to the width of one parking stall.
E.
Where parking areas exceed 350 feet in length (measured along the narrow stall dimension), the parking areas shall be separated from one another by ten-foot planting strips or pedestrian walkways, or both. In areas where there are multiple parallel parking areas, the pedestrian/planting strip shall be required on every other parking area, starting with areas adjacent to access or circulation roads.
F.
Parking lot dimensions shall be no less than those listed in the following table:
Parking Stall | Driveway | |||
|---|---|---|---|---|
Angle of Parking | Width (feet) | Depth (feet) | One-Way (feet) | Two-Way (feet) |
90° | 10 | 20 | 22 | 22 |
45° | 10 | 20 | 13 | 13 |
Parallel | 8 | 22 | 12 | 11 |
G.
All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking lot.
H.
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
I.
No less than a five-foot radius of curvature shall be permitted for all curblines in all parking areas.
J.
Except at entrance and exit drives, all parking areas shall be set back from the ultimate right-of-way line at least 15 feet. The distance between this required setback and the future right-of-way shall be maintained as a planting strip.
K.
The construction of all automobile parking areas shall be in accordance with Pennsylvania Department of Transportation Form 408, Specifications, as amended.
L.
Parking areas in the BC District. All off-street parking areas for nonresidential uses in the BC District shall meet the following requirements:
(1)
All off-street parking shall be located to the side or rear of principal buildings to screen the view of parked cars from the street and to allow the space in front of buildings to be used for pedestrian paths and landscaping. No off-street parking spaces shall be located in front of principal buildings.
(2)
Plant material sufficient to screen the parking areas from adjacent properties shall be required. The species specified in § 440-20, Table 3, Sections D, Hedge, and E, Shrubs, shall be used, with the exception of Syringa chinensis and Syringa vulgaris.[1]
[1]
Editor's Note: Table 3, Plant Materials List, is included as an attachment to this chapter.
§ 440-34 Off-street loading facilities.
[Amended 3-21-2000 by Ord. No. 319-A]
A.
Off-street loading facilities shall be provided for any use hereafter established or enlarged which customarily receives or distributes goods or materials by trucks.
B.
The off-street loading facilities provided shall be sufficient to accommodate the maximum number of trucks that will normally be loading, unloading or stored on the premises at any one time.
C.
Off-street loading facilities shall be appropriately dimensioned and located with relation to the types of deliveries and pickups anticipated. Loading or unloading which takes place on a platform or dock raised to the height of a truck bed shall be designed to conform to the specifications for a loading berth. Loading or unloading which takes place at ground level shall be designed to conform to the specifications for a loading space.
D.
Off-street loading facilities required by this chapter shall, in all cases, be on the same lot or parcel of land as the use they are intended to serve.
E.
Off-street loading facilities shall have adequate and unobstructed access to a street, service drive or alley. Such facilities shall have adequate maneuvering space and shall be so arranged that they may be used without blocking or otherwise interfering with the use of all automobile accessways, parking facilities, fire lanes or pedestrianways or backing out onto a street.
F.
The maximum width of driveway openings measured at the street line shall be 35 feet; the minimum width shall be 20 feet.
G.
Off-street loading facilities shall be graded, surfaced with asphalt or other suitable material and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property.
H.
All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street loading facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that such reduction is in conformity with the requirements of this chapter. Reasonable precautions shall be taken by the owner or sponsor of a particular use to assure the availability of required facilities to the delivery and pickup vehicles they are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
I.
All off-street loading facilities shall be located to the side or rear of the building and shall not be used to satisfy off-street parking requirements.
J.
Lighting of off-street loading facilities may be required at the discretion of the Borough Council. All artificial lighting used to illuminate loading facilities shall be so arranged that no direct rays from such lighting fall upon any neighboring property or streets.
K.
Required off-street loading facilities. The following table indicates the required off-street loading berths/spaces:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Use | Floor Area | Required Berths/Spaces |
|---|---|---|
Business and professional offices or public administration buildings | First 10,000 square feet | 1 |
Next 40,000 square feet | 1 | |
Each additional 50,000 square feet or fraction thereof | 1 | |
Food stores and retail department stores | First 5,000 square feet | 2 |
Next 5,000 square feet | 1 | |
Each additional 20,000 square feet or fraction thereof | 1 | |
Wholesale and other uses | First 2,000 square feet | 1 |
Next 8,000 square feet | 1 | |
Each additional 10,000 square feet or fraction thereof | 1 |
§ 440-35 Lot area or yard required.
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. No required lot or area 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.
§ 440-36 Minimum lot area.
§ 440-37 Minimum lot width.
B.
On lots fronting on the turnaround of a permanent cul-de-sac, the Planning Commission may permit the minimum lot width to be measured at a greater distance from the street line than the building setback line. The building setback line shall be measured parallel to the street line. However, such lots fronting on the turnaround of a permanent cul-de-sac shall have a minimum straight-line distance of 50 feet between the points of intersection of the lot lines and the street line. (See Figure 10.)
 FIGURE 10. |
C.
Flag lot. A parcel of land which does not have the required minimum lot width at the minimum front yard line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the pole) are parallel or nearly parallel. (See Figure 7.) Flag lots may be permitted for tracts of land with limited frontage that would limit the number of lots with the required lot width, but with sufficient area in the rear of the tract for an additional lot or two. Lane lots are not permitted in a subdivision where a street could reasonably be developed to serve the lots with each meeting the minimum lot width requirement.
(1)
A flag lot shall be used for single-family detached dwellings only.
(2)
If the proposed flag lot is not large enough to further subdivide under the zoning requirements at the time the subdivision is proposed, then the lane shall have a minimum lot width of the applicable district at the street line of a public street and shall not narrow to a lesser dimension. However, if the proposed lot is large enough to further subdivide under the zoning requirements at the time the subdivision is proposed, then the minimum lane width shall be twice the minimum lot width at the street line and shall not narrow to a lesser dimension.
(3)
The area of the pole shall not be included in the calculation of the minimum lot area.
(4)
The front yard setback for a flag lot shall be a distance equal to the front yard requirement for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum lot width measurement.
(5)
No more than two flag lots shall be permitted in the subdivision of a tract of land, even if lots are subdivided from the tract at different times.
(6)
Only one tier of flag lots shall be permitted on a tract.
(7)
The width of the pole portion of the flag lot shall meet the minimum lot width for that district.
§ 440-38 Traffic visibility across corners.
A.
In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two feet above curb level and a horizontal plane seven feet above curb level so as to interfere with traffic visibility across the corner with that part of the required front or side yard which is within a horizontal clear-sight triangle bounded by the two curblines or edge of cartway and a straight line drawn between points on each such line 25 feet from the intersection of said line or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two curblines or edge of cartway and a straight line drawn between points on such line shall be 50 feet from the intersection of said line or extension thereof. (See Figure 11.)
 FIGURE 11. |
B.
At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway shall be maintained within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
§ 440-39 Future rights-of-way.
A.
Future right-of-way widths are established for those roads wherein the existing legal right-of-way is less than that indicated below for the particular class of road. The center line of each future right-of-way shall be considered the same center line as the existing right-of-way. The specific classification for each road is shown below:
§ 440-40 Exceptions for existing building alignment.
A proposed building may be constructed nearer to the street than the required minimum front yard depth under the following conditions:
A.
There shall be existing buildings which are nearer to the street than the required front yard depth on the lots on either side of the lot which would contain the proposed building.
B.
The proposed building would front on the same side of the same street in the same block as the existing buildings on lots on either side.
C.
The existing buildings on the lots on either side would be no greater than 50 feet from the proposed building.
D.
The proposed building may be constructed at a front yard depth that is not less than the average of the front yard setbacks of the existing buildings on the lots on either side.
§ 440-41 Yard requirements.
§ 440-42 Driveways in yards.
Driveways shall be permitted in front, side and rear yards.
§ 440-43 Exceptions to building height.
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed the maximum building heights specified in Articles IV and V, except church spires, belfries, silos, water towers, solar energy systems, antennas, television towers or other structures necessary for providing water, electricity, heat, cooling, radio or similar facilities, provided they are not used for human occupancy and are set back 1 1/2 times their height (from ground level to the top of the structure) from other buildings or property lines. This section shall not apply to cellular telecommunications facilities. The standards of § 440-15F(4) regarding cellular telecommunications facilities shall apply to cellular telecommunications facilities.
§ 440-44 Open space in residential developments.
A.
Residential subdivisions and mobile home parks with open space shall meet the open space requirements of this chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The approval of the final plan and other materials shall be constructed as a contract between the landowner(s) and the Borough and shall be noted on all applicable deeds.
B.
Open space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, parking areas for nonrecreational uses or land reserved for future parking areas for nonrecreational uses, stormwater detention and retention basins or the yards or lots of dwelling units.
§ 440-45 Open space designation.
All land held for open space shall be so designated on the subdivision and land development plans. Such plans shall contain the following information:
A.
A statement that the open space land shall not be separately sold or further subdivided, except for transfer to the Borough or a conservation organization approved by the Borough and a statement that the open space land shall not be further developed, except for recreational facilities.
B.
The use(s) of the open space shall be indicated on the plans. In designating the use(s), one or more of the following classes may be used:
(1)
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and orderly appearance.
(2)
Natural area. An area of natural vegetation undisturbed during construction or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed and streams shall be kept in free-flowing condition.
(3)
Recreation area. An area designated for a specific recreational use, including, but not limited to, tennis courts, basketball courts, swimming pools, play fields and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
C.
The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.
§ 440-46 Design standards for open space.
All open space areas shall provide a method of physically delineating private lots from open space areas. Such method may include shrubbery, trees, markers or other method acceptable to the Borough.
§ 440-47 Open space performance bond.
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 370, Subdivision and Land Development.
§ 440-48 Ownership of open space.
Any of the following methods may be used to preserve, own or maintain open space: condominium, homeowners' association, dedication in fee simple, dedication of easements or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:
A.
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended.[1] All open space land shall be held as common element. Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
C.
Fee-simple dedication. The Borough may, but shall not be required to, accept any portion or portions of the open space, provided the following conditions are met:
(1)
Such land shall be freely accessible to the public.
(2)
There shall be no cost to the Borough.
(3)
The Borough agrees to and has access to maintain such lands.
(4)
The open space shall be in an acceptable condition to the Borough at the time of transfer with regard to size, shape, locations and improvement.
D.
Dedication of easements. The Borough or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442[3] and county plans. The Borough may accept such easements as it sees fit. In either case, there shall be no cost to the county or Borough for acquisition or maintenance. The Borough may require this method where it seems this is the most appropriate way of preserving land in open space.
[3]
Editor's Note: See 32 P.S. § 5001 et seq.
E.
Transfer to a private conservation organization. With permission of the Borough, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Borough or easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the following conditions are met:
(1)
The organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(3)
A maintenance agreement acceptable to the Borough is entered into by the developer and the organization.
F.
Deed restrictions.
(1)
Buffer yards as required by this chapter may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements:
(a)
This form of ownership will be limited to buffer yards.
(b)
It may be used only if approved by the Borough.
(c)
Restrictions meeting Borough specifications must be placed in the deed for each property that has buffer yards within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this chapter.
(d)
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(2)
For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel, provided the buffer yards and natural features are deed-restricted to ensure their protection and continuance.
(3)
In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development, provided that the land is deed-restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Borough is provided.
(4)
For any of the above options, the Borough may accept, but is not required to accept, an easement to the open space land in the development.
§ 440-49 Costs.
Unless otherwise agreed to by the Borough or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association or homeowners' association. If the open space is not properly maintained, the Borough may assume responsibility of maintenance and charge the property owner, condominium association or homeowners' association a fee which covers maintenance costs, administrative costs and penalties as stipulated in this chapter.