East Rockhill Township
City Zoning Code
City Zoning Code
PART 19
NATURAL RESOURCE PROTECTION STANDARDS, SITE CAPACITY CALCULATIONS, OPEN SPACE STANDARDS AND BUFFERS
§ 27-1900 Natural Resource Protection Standards.
[Ord. 5/26/1987, § 1700; as amended by Ord. 150, 6/15/1993, Art. 7; by Ord. 168, 2/18/1997, Art. 11; by Ord. 192, 4/18/2000; by Ord. 194, -/-/-, Art. XIV; by Ord. 201, 5/13/2003, § IV; and by Ord. 253, 4/20/2010]
All uses and activities including subdivisions and land developments except lot line adjustments, established after the effective date of this chapter, except recreational development of open space area pursuant to § 1903(d)(3) of this chapter, shall comply with the following standards. Development of open space recreational areas may exceed the protection standards established for steep slopes and woodlands if approved by the Board of Supervisors.
Site alterations, regrading, filling or clearing of vegetation 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.
[Amended by Ord. 278, 2/10/2015]
(1)
Any areas of East Rockhill Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA), or the most-recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(2)
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study, prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies, shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.
b.
Floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross the floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within the East Rockhill Township Floodplain Ordinance.[1]
[Amended by Ord. 278, 2/10/2015]
c.
Steep Slopes. In areas of steep slopes, the following standards shall apply:
(1)
Fifteen percent to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon except for tracts of 10 acres or larger within the Agriculture Preservation District, where no more than 75% of such area shall be developed and/or re-graded or stripped of vegetation.
(2)
Twenty six percent or steeper. No more than 20% of such areas shall be altered, regraded, cleared or built upon, except for tracts 10 acres or larger within the Agriculture Preservation District, where no more than 70% of such area shall be developed and/or regraded or stripped of vegetation.
d.
Woodlands. In the RP Resource Protection and RR Rural Residential Zoning Districts, no more than 20% of such areas shall be altered, regraded, cleared, or built upon. In the R-1 Residential, S Suburban, C-O Commercial Office, E Extraction, I-1 Industrial, and I-2 Industrial Districts, no more than 40% of such areas shall be altered, regraded, cleared or built upon. On tracts 10 acres or larger located within the AP, Agriculture Preservation Zoning District, no more than 75% of such areas shall be altered, regraded, cleared or built upon. In all other zoning districts, and tracts less than 10 acres within the AP District, no more than 20% of such areas shall be altered, regraded, cleared or built upon. Except in the R-1, C-O, E, I-1 and I-2 Districts, any permitted clearing or alteration of a forested area shall be undertaken to maintain the existing continuous canopy of trees where a continuous canopy exists and existing hedgerows where possible. The preserved woodland area shall remain in its natural condition with the natural groundcover left intact.
e.
Mature Trees. In the R-1 Residential, S Suburban, C-O Commercial Office, E Extraction, I-1 Industrial, and I-2 Industrial Districts, no more than 40% of such trees shall be altered or cleared.
f.
Streams, Watercourses, Lakes or Ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except that roads and utilities may cross streams and watercourses where design approval is obtained from the Township and Pennsylvania Department of Environmental Resources and where no other reasonable access is available.
g.
Lake or Pond Shorelines. No more than 20% of such areas shall be altered, regraded, filled or built upon.
h.
Wetlands. The following standards shall apply to wetlands:
(1)
Delineation of Wetlands. When the National Wetlands Inventory (NWI) Maps indicate wetlands on a site or when a site contains hydric soils or an area with a predominance of wetlands vegetation, an onsite 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 onsite 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, an/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township.
(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, except for road and utility crossings where design approval is obtained from the Township, where State and Federal permits have been obtained, and where no other reasonable access is available.
(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.
i.
Wetland Margin. A wetland margin shall be provided for all wetlands. At least 80% of the wetland margin shall remain undeveloped in which no alteration, regrading, filling or other development shall be permitted.
(1)
For wetlands in excess of one acre, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. However, in no case shall the wetland margin for wetlands in excess of one acre be less than 50 feet.
(2)
For wetlands between 0.75 acre and one acre in size, the wetland margin shall extend 75 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. However, in no case shall the wetland margin for wetlands between 0.75 acre and one acre in size be less than 50 feet.
(3)
For wetlands between 0.5 acre and 0.75 acre in size, the wetland margin shall extend 50 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. However, in no case shall the wetland margin for wetlands between 0.5 acre and 0.75 acre in size be less than 25 feet.
(4)
For wetlands less than 0.5 acre in size, the wetland margin shall extend 25 feet from the wetland boundary or to the limit of the hydric soils, whichever is less.
j.
Riparian Buffer Overlay Zone.
(1)
Creation and Purposes of Riparian Buffers. A Riparian Buffer Overlay Zone (RBOZ) shall be and hereby is created in order to protect and preserve the numerous benefits that are provided by riparian buffers, including the following:
(a)
Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical;
(b)
Provision of shade which moderates stream temperature and protects fish habitats by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects;
(c)
Provision for stream bank stability that protects fish habitats and controls sediment and erosion. Tree roots consolidate the soils of floodplains and stream banks, reducing the potential for severe bank erosion;
(d)
Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitats for small bottom-dwelling creatures (such as insects, amphibians, crustaceans and small fish), which are critical to the aquatic food chain; and
(e)
Conservation of natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, woodlands, and prime wildlife habitats) that exist on developed and undeveloped land.
(2)
Definitions. When used in this Subsection, the following terms shall have the meanings set forth below:
(a)
The term "stream channel" shall mean the bed and banks of a watercourse or waters of the Commonwealth. For purposes of this Section, stream channel shall include perennial and intermittent watercourses and/or stream channels as defined by PaDEP and/or identified on current USGS maps and NRCS soils maps of the Township, but shall not include ephemeral watercourses as defined by PaDEP.
(i)
The Township or the applicant may obtain a consultant to verify the delineation of a stream channel if, in the opinion of the Township or applicant, the stream channel information contained on the above-referenced mapping is believed to be inaccurate. The study from the consultant shall evaluate the hydrologic conditions during average springtime nondrought conditions. Additional information may include other mapping produced by state or federal agencies and an Army Corps of Engineers jurisdictional determination. The East Rockhill Township Board of Supervisors shall make the final decision regarding the delineation of a stream channel based on the submitted information. The Township may reduce or eliminate the riparian buffer zone where the Township concurs that the watercourse classification is not accurate or existing conditions and/or topography of the site do not warrant a full riparian buffer.
(b)
The term "land disturbance" shall mean any activity that exposes soil, alters topography, alters the existing structure of a woodland or hedgerow and/or removes vegetation. Alteration includes the cutting or removal of trees, undeirstory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground. The term "land disturbance" shall not include the mowing and routine maintenance of existing lawn or any lawn area that may be permitted within the RBOZ after the effective date of this Section.
(3)
Relationship to other zoning regulations. The RBOZ is an overlay to the existing zoning districts within the Township. The provisions of the underlying district shall remain in full force, except where the provisions of the RBOZ differ from the provisions of the underlying district, in which case the provision which is more restrictive, and less permissive, to a landowner or applicant shall apply.
(4)
Establishment. Measurement of the RBOZ shall be and is hereby established as follows:
(a)
Zone One: This zone will begin at each edge of a stream channel and occupy a minimum width of 30 feet measured horizontally on a line perpendicular to the top of the bank. Where the land within 30 feet of the defined edge of a stream channel has an upland slope greater than 10%, Zone One shall include the land from the stream channel edge and the upland slope and shall further extend outward 30 feet from the edge or top of such upland slope; and
(b)
Zone Two: This zone will begin at the outer edge of Zone One and occupy a minimum width of 60 feet in addition to Zone One, unless modified herein. Where the one-hundred-year floodplain extends greater than 90 feet from the waterway, Zone One shall remain a minimum of 30 feet, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.
(5)
Activities and Uses Permitted in the RBOZ:
(a)
No structure, land disturbance or use shall be permitted within the RBOZ unless permitted herein as of right, or by zoning permit, or specifically authorized by conditional use or special exception as provided herein. Notwithstanding the foregoing, in no event shall any of the following activities or uses be permitted: (a) any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations or wastewater lagoons; (b) junkyards, commercial or industrial storage facilities or open storage of vehicles and materials;
(b)
The allowance of any activity, structure or other use under this Section, whether by right, permit, special exception or otherwise, shall not constitute a waiver of the requirements of any other applicable federal, state or local laws or regulations;
(c)
In Zone One, the following uses shall be permitted:
(i)
Pruning and removal of trees and other vegetation which are dead, diseased or in such a condition or physical position as to constitute: (a) a danger to the structures or occupants of property or a public right-of-way; or (b) a threat to the well-being of other viable trees and shrubs or the stream channel, provided that any such activities are performed by hand or with the aid only of tools or power equipment which are hand-held;
(ii)
Unpaved hiking, biking or bridle trails;
a.
Paved hiking, biking or bridle trails are only permitted when the location outside of Zone One is not feasible and only upon approval of the Township of East Rockhill;
(iii)
Fishing areas; provided, however, that the area provided for any such use on a lot shall not exceed 20% of the area of the riparian buffer on that lot;
(iv)
Wildlife sanctuaries, arboretums, woodland, and other natural resource preserves, but excluding buildings;
(v)
Selective cutting of trees and/or the clearing of other vegetation when necessary to prepare land for a use permitted by the underlying zoning district. Removal of trees and/or vegetation is subject to revegetation by native plants that are most suited to the riparian corridor;
(vi)
Existing customary agricultural uses in accordance with a soil conservation plan approved by Bucks County Conservation District. New agricultural uses, not existing at the time this Section is adopted shall not be permitted;
(vii)
Routine maintenance and cleaning of streams and stream channels pursuant to all applicable federal, state, and county laws and regulations;
(viii)
Dredging or grading when incidental to permitted uses; and
(d)
Any of the following uses shall be permitted in Zone One as a conditional use when authorized by the governing body of the municipality in which the use will be located, subject to requirements for conditional uses as set forth in this Chapter as well as Part 3 of this Chapter:
(i)
Culverts, corridor crossings for recreational trails, rail-roads, roads, and the facilities of all utilities, including sanitary and storm sewers and electric and cable transmission lines are permitted within Zone One by conditional use only, provided that they cross the stream corridor as directly as practical, comply with all applicable federal, state, county and local laws or regulations, and provided that any disturbances are offset by riparian corridor improvements that are approved by the Township.
(6)
Uses Permitted in Zone Two:
(a)
All uses permitted in Zone One;
(b)
Reconstruction of a nonconforming building or structure may occur in accordance with Part 21 of this Chapter, Nonconformities, and any other applicable provisions of this Chapter regarding nonconforming buildings and/or structures;
(c)
Any of the following uses shall be permitted in Zone Two as a special exception when authorized by the Zoning Hearing Board, subject to Part 23 and Part 3 of this Chapter, as follows:
(i)
Residential Accessory Structures and Uses including: B10 Accessory Home Occupation and B11 Residential Accessory Building, Structure or Use. The foregoing uses shall be permitted within the Riparian Buffer Zone but not within 30 feet of the edge of any stream channel; and
(ii)
Recreational Uses including: Uses D1 Recreational Facility and D2 Private Recreation Facility, provided that no permitted structure has a footprint of greater than 200 square feet.
(d)
Any of the following uses shall be permitted in Zone Two as a conditional use when authorized by the governing body of the municipality in which the use will be located, subject to requirements for conditional uses as set forth in this Chapter as well as Part 3 of this Chapter:
(i)
In channel dams where approvals and/or permits are received from PaDEP, culverts, bridges, roads, and the facilities of all utilities, including sanitary and storm sewers and electric and cable transmission lines, provided that they cross the stream corridor as directly as practical, comply with all applicable federal, state, county and local laws or regulations, and any disturbances offset by riparian corridor improvements approved by the Township; and
(ii)
Stormwater management basins in accordance with the Code of Ordinances of East Rockhill Township and when authorized by the Township.
(7)
The above conditional uses and special exception uses are permitted on the condition that the landowner shows that there is insufficient room outside the riparian buffer to accommodate the particular use or accessory use, and provided that there is no other reasonable alternative to establishment of the use in the riparian buffer.
(8)
Restoration and revegetation of riparian buffers. The requirements of this Section shall apply to those all uses in the RBOZ whether permitted by right, by conditional use, or by special exception, and in cases where a subdivision or land development is proposed. Native vegetation approved by the municipality must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. Three layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional such as a landscape architect or engineer, shall comply with the following minimum requirements, and shall be subject to the approval of the Municipal Engineer:
(a)
Ground Cover. Ground cover consisting of a native seed mix extending a minimum of 30 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs exclusive of noxious weeds as defined by the Pennsylvania State Department of Agriculture. This thirty-foot-wide planted area shall be designated on the plan as a "no-mow zone" and shall be left as natural cover except in accordance with the maintenance instructions stated on the plan; and
(b)
Trees and Shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within the riparian buffer. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.
(9)
Ephemeral watercourses shall be protected from disturbance by the establishment of a thirty-foot-wide drainage easement centered along the watercourse in a form acceptable to the Township of East Rockhill.
k.
Prime Farmland as Agricultural Soils in AP District. On tracts containing 10 acres or more located within the AP, Agriculture Preservation District, no more than 40% of prime farmland and/or farmland of statewide importance as defined in § 27-202 of this chapter may be developed.
m.
Soil Erosion and Sedimentation: All uses shall protect steams, lakes and ponds from sedimentation damage and control erosion in accordance with the Clean Streams Law, P.L. 187, 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 even where these are less than 25 acres in extent.
n.
Sewage Disposal. All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the East Rockhill Township Sewage Facilities Plan, East Rockhill Sewage Management Ordinance and the Bucks County Department of Health. The applicant shall demonstrate compliance with the requirements of this section for all applications for zoning and building permits.
§ 27-1901 Application of Natural Resource Protection Standards.
[Ord. 5/26/1987, § 1701; as amended by Ord. 168, 2/18/1997, Art. 1; by Ord. 194, -/-/2000, Art. I, Art. XV; by Ord. 201, 5/13/2003, § IV; by Ord. 240, 6/17/2008; and by Ord. 253, 4/20/2010]
In order to meet the natural resource protection standards of § 27-1900(a) through (n), the applicant shall provide the following information with application for a zoning permit or building permit. Where subdivision and land development approval is requested, the applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter:
a.
For all uses on lots established by subdivision approved after the effective date of this chapter, other than Use B2 Detached Dwelling Cluster Subdivision, Use B3 Performance Standard Development, or Use B4, Mobile Home Park:
(1)
All lots shall have a contiguous building envelope of at least an area as indicated below within the overall lot. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.
Minimum Building Envelope | |||
|---|---|---|---|
District | Use B1 (square feet) | Other Permitted Uses (square feet) | |
AP | 7,500 | 20,000 | |
RP | 10,000 | 20,000 | |
RR | 10,000 | 20,000 | |
S | 5,000 | 20,000 | |
R-1 | 5,000 | 20,000 | |
VR | 3,500 | 13,000 | |
VC | 3,500 | 26,000 | |
C-E | — | 26,000 | |
C-O | — | 30,000 | |
I | — | 24,000 | |
E | — | 17,000 (Except Use H12) | |
(2)
For uses with onlot sewage systems, a 3,000 square foot or larger area, in addition to the building envelope specified in subsection (1) above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 27-1900.
(3)
Applicants for zoning permits and/or subdivision approval shall submit the following information:
(a)
A site plan which illustrates all natural resources on the site and the proposed use on the site.
(b)
All encroachments and disturbances necessary to establish the proposed use on the site.
(c)
Calculations which indicate the area of the site with natural resources; the area of natural resources that would be disturbed or encroached upon; and the area of the site included in the building envelope.
(d)
The minimum building envelope may not include preserved woodland areas and mature trees.
b.
The following site capacity calculations shall be submitted with applications for Use B2 Detached Dwelling Cluster Subdivision, Use B3 Performance Standard Development or Use B4 Mobile Home Park. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 27-304, Use Regulations, or the calculated resource protection land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.
(1)
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 or land shown on previous subdivision or land development plans as reserved for open space.
Total Site Area | _____ acres | ||
|---|---|---|---|
— | _____ acres | ||
Base Site Area | = | _____ acres |
(2)
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.
[Amended by Ord. 278, 2/10/2015]
Resource | Resource Protection Ratio | Acres of Land in Resources | Resource Protection Land (Acres x Open Space Resource Protection Ratio) | |
|---|---|---|---|---|
Floodplains | 1.00 | |||
Lakes or ponds | 1.00 | |||
Wetlands | 1.00 | |||
Steep slopes | ||||
26% or more | 0.80 | |||
15% to 25% | 0.70 | |||
Woodlands | ||||
RP, RR | 0.80 | |||
R-1, S, C-O, E, I | 0.60 | |||
Lake or pond shorelines | 0.80 | |||
Wetlands margin | 0.80 | |||
Land with Resource Restrictions | _____ | _____ | ||
Total Resource Protection Land: | _____ | |||
(3)
Standard Minimum Open Space. Calculate the standard minimum open space.
Base Site Area | _____ acres | ||
|---|---|---|---|
Multiply by Minimum Open Space | x | _____ (§ 27-304) | |
Standard Minimum Open Space | = | _____ acres |
(4)
Determine Required Open Space. The required open space is the resource protection land or the standard minimum open space, whichever is greater.
_____ acres |
(5)
Net Buildable Site Area. Calculate the net buildable site area.
Base Site Area | _____ acres | ||
Subtract Required Open Space | — | _____ acres | |
Net Buildable Site Area | = | _____ acres |
(6)
Number of Dwelling Units/Lots. Calculate the maximum number of dwelling units.
Base Site Area | _____ acres | ||
|---|---|---|---|
Multiply by Maximum Density | x | _____ (§ 27-304) | |
Number of Dwelling Units | = | _____6 dwelling units |
6 NOTE: Round up if fraction is equal to or greater than 0.5; round down if less than 0.5. |
(7)
Impervious Surfaces. Calculate the maximum area of impervious surfaces.
Base Site Area | _____ acres | ||
|---|---|---|---|
Multiply by Maximum Impervious Surface Ratio | x | _____ (§ 27-304) | |
Impervious Surfaces | = | _____ acres |
(8)
Site Capacity Summary.
Required Open Space (4) | _____ acres | |
Net Buildable Site Area (5) | _____ acres | |
Maximum Number of Dwelling Units/Lots (6) | _____ units | |
Maximum Impervious Surfaces (7) | _____ acres |
c.
For all subdivision or land development proposals involving Use B-1, Single Family Detached Dwelling in any residential zoning district except lot line adjustment subdivisions and subdivisions within the Agriculture Preservation District, the following density factor calculations shall be submitted. The minimum lot size established for each individual district will still apply. However, this minimum lot size may be increased (for all or a portion of the proposed lots) based upon the extent and value of the existing natural resources located on the individual site. Density factor calculations are a means of identifying the carrying capacity of the site by establishing the maximum number of permissible lots which can be accommodated without posing a potential threat to the water resources or other natural features on the site. The density factor calculations are designed to establish a reasonable development density while recognizing the unique character of each development site. The resource protection standards of § 27-1900 shall be satisfied in addition to the following required calculations:
(1)
Base Site Area. Calculate the base site area. From the total site area, subtract future roads right-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; or land shown on previous subdivision or land development plans as reserved for open space.
Total Site Area | _____ acres | ||
|---|---|---|---|
— | _____ acres | ||
Base Site Area | = | _____ acres |
(2)
Land in Resources and Density Factor Area. Calculate the land with resource restrictions and the density factor area. In the event that two or more resources overlap, only the resource with the highest density factor shall be used in the calculations.
[Amended by Ord. 278, 2/10/2015]
Resource | Density Factor | Acres Land in Resources | Density Factor Area (Acres x Density Factor) | |
|---|---|---|---|---|
Floodplains | 1.0 | |||
Lakes or Ponds | 1.0 | |||
Watercourses or Streams | 1.0 | |||
Wetlands | 1.0 | |||
Steep Slopes (25% or Over) | 0.8 | |||
Lake or Pond Shorelines | 0.5 | |||
Steep Slopes (15% - 25%) | 0.5 | |||
Wetlands Margin | 0.5 | |||
Woodlands | 0.2 | |||
Density Factor Area | _____ Acres |
(3)
Net Buildable Site Area. Calculate net buildable area.
Base Site Area (1) | _____ acres | ||
|---|---|---|---|
Subtract Density Factor Area (2) | — | _____ acres | |
Net Buildable Site Area | = | _____ acres |
(4)
Maximum Number of Permissible Lots. Calculate the maximum number of lots.
Net Buildable Site Area (3) | _____ acres | ||
|---|---|---|---|
Multiply by Maximum Net Density | x | _____ du/ac (refer to Net Density Table) | |
Maximum Number of Permissible Lots | = | _____ lots[1] |
Net Density Table for Use B-1 by District | |||
|---|---|---|---|
Zoning District | Minimum Lot Size | Maximum Net Density | |
RP | 1.8 Ac | 0.50 du/Ac | |
RR | 1.8 Ac | 0.50 du/Ac | |
S | 22,000 SF | 1.58 du/Ac | |
R-1 | 22,000 SF | 1.58 du/Ac | |
VR | 10,000 SF | 3.48 du/Ac | |
VC | 10,000 SF | 3.48 du/Ac | |
[1]
Round up if fraction is equal to or greater than .5: round down if less than .5.
d.
The following site capacity calculations shall be submitted with applications for Use B1, Detached Dwelling, subdivisions located on tracts 10 acres or larger within the AP Agriculture Preservation Zoning District.
(1)
Base Site Area. Calculate the base site area. From the total site area, subtract ultimate rights-of-way of existing streets, existing utility rights-of-way; land which is not contiguous or which is separated from the parcel by a road, railroad or major stream; or land shown on previous subdivision or land development plans as reserved for open space.
Total Site Area | _____ acres | ||
|---|---|---|---|
— | _____ acres | ||
Base Site Area | = | _____ acres |
(2)
Land with Resource Restrictions and Resource Protection Land. Calculate land with resource restrictions and 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.
[Amended by Ord. 278, 2/10/2015]
Resource | Resource Protection Ratio | Acres of Land in Resource | Acres Resource Protection Land (Acres x Resource Protection Ratio) | |
|---|---|---|---|---|
Prime Farmland & Farmland of Statewide Importance | 0.60 | |||
Wetlands, Lakes, Ponds, & Watercourses | 1.00 | |||
Wetlands Margins | 0.80 | |||
Lake or Pond Shorelines Woodlands | 0.25 | |||
Steep Slopes (15% to 25%) | 0.25 | |||
Steep Slopes (26% or more) | 0.30 | |||
Total Land with Resource Restrictions | _____ | _____ | ||
Non-buildable Site Area | _____ |
(3)
Determination of site capacity in AP District - For subdivisions in the AP District, the site capacity is based on the net buildable site area.
take | Base Site Area | _____ | ||
|---|---|---|---|---|
subtract | Non-Buildable Site Area | — | _____ | |
equals | Net Buildable Site Area | = | _____ |
Map resource protection land in accordance with the resources described in § 27-1900 and locate development on net buildable site area. |
§ 27-1902 Floodplain Use Regulations.
[Ord. 5/26/1987, § 1702; as amended by Ord. 185, 5/11/1999, Articles 2, 3, 4, 5; and by Ord. 278, 2/10/2015]
a.
Uses Permitted by Right. The following uses and activities are permitted in floodplain, provided that they are in compliance with the provisions of the underlying zoning district, conform to all requirements of the East Rockhill Township Floodplain Ordinance,[1] are not prohibited by any other ordinance, and do not require structures, fill or storage of materials or equipment:
(1)
Agricultural uses, such as general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(2)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, bicycling and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, tennis courts and hunting and fishing areas.
(3)
Temporary uses, such as circuses, carnivals and similar activities.
(4)
Stream crossings for utilities, driveways and streets.
b.
Uses Permitted by Special Exception. The following uses and activities are permitted in floodplain by special exception, provided that they are in compliance with the provisions of the underlying zoning district, conform to all requirements of the East Rockhill Township Floodplain Ordinance.[2] and are not prohibited by any other ordinance:
(1)
Utilities, public facilities and improvements such as streets, bridges, transmission lines and pipelines.
(2)
Water-related uses and activities, such as marinas, docks, wharves, piers, etc.
(3)
Stream crossings for utilities, driveways and streets.
(4)
Storage of materials and equipment, provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage of materials and equipment listed in § 8-504 of the East Rockhill Township Floodplain Ordinance shall be prohibited.
(5)
Pervious parking areas.
§ 27-1903 Open Space in Residential Developments.
[Ord. 5/26/1987, § 1703; as amended by Ord. 168, 2/18/1997, Art. 3; by Ord. 184, 4/20/1999, Art. 4; and by Ord. 194, -/-/2000, Art. I]
a.
General Requirements.
(1)
Detached dwellings, cluster subdivisions, performance standard developments and mobile home parks shall meet the open space requirements of this chapter (§ 27-304(B1)(c), B2(a), B3(m) and B4(b). The plans 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 plan and other materials shall be construed as a contract between the landowners and the Township and shall be noted on all deeds.
(2)
For any subdivision involving Use B1, "Single-Family Detached Dwelling," the natural resource protection areas (per § 27-1900) may be held in the ownership of the individual lot owners; provided, that each individual building lot complies with the minimum lot size and building envelope requirements for the applicable zoning district (per §§ 27-1901(c) and 27-1901(a)(1); or alternatively, the natural resource protection areas may be dedicated to the Township. The Township may accept dedication of the natural resource protection area either as an easement or as a separate nonbuildable lot. It the Township accepts the natural protection area as a separate nonbuildable lot, the lot is not required to comply with the area or dimensional requirements of this chapter.
(3)
The Township may require dedication of the natural resource protection area either in fee simple or by easement, subject to the standards set forth in this subsection (f) of this section; provided, that the land is suitable for park, recreational, open space or other general municipal purposes.
(4)
There shall be no further subdivision of any lot which has been restricted from further subdivision by note or restriction in or upon a plan, deed or subdivision agreement recorded at the office of the Bucks County Recorder of Deeds nor shall there by any development, clearing, regrading, filling or alteration of any areas contained within individual lots designated as natural resource protection areas, buffer yards or open space.
b.
Layout of Open Space in the Rural Residential District. The purpose of open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland in usable fields or garden plots. Prime agricultural soils should be preserved for agriculture.
c.
Layout of Open Space in Districts Other than the Rural Residential District. The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Major recreation areas shall be located to serve all residents. The open space is most needed in areas of highest density. The intent is to provide open areas as close to the individual unit as possible.
d.
Open Space Designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in subsections (1), (2), (3) or (4) below. Open space land may not be separately sold, nor shall such land be further developed or subdivided. All plans shall further designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, 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 insure 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, swimming, shuffle board, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
(4)
Agricultural Area. An area designated for family vegetable plots or to be leased or sold for an agricultural use as specified in § 27-304. This use is encouraged in the RR District and any lease, sale or gift shall be subject to the provisions of § 27-1903(f).
(5)
Stormwater Management. Not more than 1/3 of the open space may be used for stormwater detention or retention basins.
(6)
Educational and/or Municipal Use. Notwithstanding any other provisions of this chapter, open space land dedicated or deeded to the Township may be utilized for educational uses or municipal uses owned, leased or sponsored by East Rockhill Township. Any open space areas designated for these uses shall meet the Natural Resource Protection Standards for the open space lot.
e.
Open Space Performance Bond. Designated planning 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 provisions of this chapter.
f.
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.
(1)
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. 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 when there is no change in the open space ratio.
(2)
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 Articles VII of the Pennsylvania Municipalities Planning Code.
(3)
Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: (1) such land shall be freely accessible public; (2) there shall be no cost to the Township involved; (3) the Township agrees to and has access to maintain such lands; and (4) the open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location and improvement. The Township may accept, but shall not be required to accept, any agriculturally designated open space in the Rural Residential District provided: (1) there shall be no cost to the Township involved; (2) such open space shall be deed restricted to agriculture or other open space purposes; and (3) the Township may rent or sell the land subject to such restrictions.
(4)
Dedication of Easements. The Township 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 and county plans. The Township may accept such easements as it sees fit. In either case, there shall be no cost to the county or Township for acquisition or maintenance. The Township may require this method where it seems this is the most appropriate way of preserving land in open space, in cluster subdivisions, performance standard developments and mobile home parks this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.
(5)
Transfer to a Private Conservation Organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township or easements to a private, nonprofit organization amount whose purposes is to conserve open space land and/or natural resources; provided, that:
(a)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(b)
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.
(c)
A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
(6)
Deed Restrictions.
(a)
Natural resource protection open space, 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:
(1)
This form of ownership will be limited to residential uses that do not require common open space.
(2)
It may be used only if approved by the Township.
(3)
Restrictions meeting municipal specifications must be placed in the deed for each property that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
(4)
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(b)
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.
(c)
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 Township is provided.
(d)
For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.
g.
Costs. Unless otherwise agreed to by the Township 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 Township 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.
§ 27-1904 (Reserved) [1]
[1]
Editor's Note: Former § 27-1904, Fee in Lieu of Recreation Land, was repealed by Ord. 240, 6/17/2008.
§ 27-1905 Buffer Yards.
[Ord. 5/26/1987, § 1705; as amended by Ord. 240, 6/17/2008; by Ord. No. 303, 3/26/2024]
a.
General Buffer Requirements.
(1)
Landscape buffers shall contain trees, evergreens, shrubs, ground covers, berms, fences, or a combination of these features, placed along a street, property line, use, or activity, for the purposes of separating one land use from another land use, or to shield or block lights, noise, or visual impacts, and to preserve the natural landscape of East Rockhill Township.
(2)
No structures, buildings, uses, storage of materials, or parking shall be permitted in the buffer yards. Access driveways may cross buffer yards, provided that they are perpendicular to the property line. Trails and sidewalks may be located at the edge of a required buffer, provided that the required planting is not diminished.
(3)
Where vegetation exists that can meet the objectives of the buffer requirements, it shall be preserved and may be used to meet the buffer and planting requirements. Quantities, size, species, and locations of existing materials must be shown on plans and verified by the Township. Where the Township allows existing vegetation to be counted toward meeting the buffer requirements of this chapter, the vegetation shall not be removed except for exotic invasive species or poison ivy and poison oak. The vegetation shall be protected by recorded plan note to ensure that it remains as a part of the subdivision or land development.
(4)
Where buffers are required, they shall be provided along the entire length of the property line, use, or activity.
(5)
Buffer yards may overlap required front, side, or rear yards. In the case of conflict, the larger yard requirement shall apply.
(6)
All buffer yards shall be permanently maintained and kept clean of all debris. Required buffer plantings shall not be removed. Any planting which does not survive should be replaced within one year.
(7)
Minimum width buffer yards do not count as open space. However, required open space may be used to meet the requirements for buffers where the open space has a minimum contiguous area of four acres and a minimum dimension of 200 feet.
(8)
Easements shall be provided for all buffers; a buffer easement shall be shown on all plans. The easement shall require that the property owner be responsible for maintenance of the buffer area and all vegetation within the buffer easement.
(9)
It is encouraged that plant materials in buffer yards be planted in natural clusters that will provide privacy, but do not block view or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is required.
b.
Summary of Buffer Locations and Types.
Type of Buffer | ||||||
|---|---|---|---|---|---|---|
Required Locations | 1 | 2 | 3 | 4 | 5 | 6 |
Nonresidential/residential separation buffers | X | |||||
Single-family/detached dwelling cluster separator buffer; and reverse frontage buffer | X | |||||
Single-family/high density residential separation buffers | X | |||||
Farmland preservation buffer | X | |||||
Visual screen for storage and maintenance activities | X | |||||
Village Center District | X | |||||
Around parking lots | X | |||||
c.
Types of Buffers.
(1)
Nonresidential/Residential Separation Buffers. Type 1 buffer shall be provided wherever a nonresidential use abuts a residential use or a residentially zoned district.
(2)
Single-Family/Detached Dwelling Cluster Separation Buffers. Type 2 buffers shall be provided wherever a detached dwelling cluster subdivision (Use B-2) abuts a single-family residential use or district.
(3)
Single-Family/High Density Residential Separation Buffers. Type 1 buffers shall be provided wherever a performance standard development (Use B-3) or a mobile home park (Use B-4) abuts a single-family residential use or residential district. The buffer shall be located on the performance standard or mobile home park property.
(4)
Reverse Frontage Buffers. Type 2 buffers shall be provided for reverse frontage lots along abutting arterial or collector roads, or any existing perimeter street not part of a new development.
(5)
Farmland Preservation Buffer. Type 3 buffer yard shall be required where residential or nonresidential uses abut farmland.
(6)
Visual Screen for Storage and Maintenance Activities. Type 4 buffer yard, which shall include fence and plantings sufficient to provide a visual screen. This buffer shall be provided in addition to any buffer required by this chapter based on principal use.
(7)
Village Center District. Where commercial, institutional, office, or multifamily uses abut a single-family residential use in the Village Center District, a Type 5 buffer yard, consisting of a landscaped area and a six-foot-high fence, shall be required.
(8)
Parking lot periphery for commercial, institutional and office uses. Type 6 buffer, consisting of a landscaped area 10 feet in width provided at the periphery of all parking lots used for commercial, office or industrial activities. This buffer shall be provided in addition to any buffer required by this chapter based on principal use.
d.
Buffer Dimension and Planting Requirements.
(1)
Type 1 Buffer. Buffer design and plant materials shall be as follows:
(a)
Buffer width: 50 feet.
(b)
Screened planted area: minimum of 35 feet.
(c)
Berming may be required by the Township if it contributes to the screening effect and if it can be blended into the topography. Berms shall be between three and six feet in height and shall meander in a naturalistic fashion without adversely affecting drainage. Slope-to-height ratios shall not be less than three to one.
(d)
Plant materials shall comply with the requirements of the following chart.
Type 1 Buffer Planting Requirements | ||
|---|---|---|
Plant Quantities Required | ||
Evergreens | 6 to 7 feet in height (min) | 1 evergreen per 20 feet of buffer |
Shade trees | 2.5-inch caliper (min) | 1 shade tree per every 3 evergreens or approximately 1 per 60 feet of buffer length |
Ornamental flowering trees | 8 to 10 feet in height; 2.5-inch caliper (min) | 1 flowering tree per every 3 evergreens or approximately 1 per 60 feet of buffer length |
Shrubs | Minimum of 4 feet in height | 5 shrubs for every 1 evergreen tree or approximately 1 per 4 feet of buffer length; planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties. |
(2)
Type 2 Buffer. Buffer design and plant materials shall be as follows:
(a)
Buffer width: 40 feet.
(b)
Screened planted area: minimum of 25 feet closest to the street or bordering lot line.
(c)
Preserve existing trees and supplement with shade-tolerant evergreens, ornamental trees and shrubs selected from the plant list, where existing vegetation is determined satisfactory by the Township.
(d)
Planted area shall completely screen the views of abutting yards from the street from ground level to six feet above ground level at plant maturity.
(e)
Berming may be required by the Township; vertically and horizontally meandering berms suggesting a rolling landscape shall be incorporated into the grading design without adversely affecting drainage. Berms shall be three to six feet in height and shall vary in height and slope. Slope to height ratios shall not be less than three to one.
(f)
Plant materials shall comply with the requirements of the following chart:
Buffer Type 2 Planting Requirements | ||
|---|---|---|
Plant Types | Size | Plant Quantities Required |
Shade trees | 2.5-inch caliper (min) | 1 per 90 feet of buffer length |
Evergreen | 6 feet to 7 feet in height (min) | 1 per 30 feet of buffer length |
Ornamental flowering trees | 8 feet to 10 feet in height (min) | 1 per 90 feet of buffer length |
Shrubs | 4 feet in height (min) | 4 shrubs for every 1 evergreen tree |
(3)
Type 3 Buffer. Buffer design and plant material (farmland buffer) shall be as follows:
(a)
Buffer width: 25 feet.
(b)
Planted area: minimum of 10 feet in width.
(c)
Active farmland area shall be separated from the residential area by a split-rail or similar fence placed on the property line.
(d)
The 10 feet immediately adjacent to the fence shall be planted with native trees and shrubs as listed in Part 5, General Design Standards, of Chapter 22, Subdivision and Land Development, of the Code of the Township of East Rockhill, in informal groupings to achieve a naturalized farmland buffer as an adequate separation between farmland and developed land.
(e)
The remaining 15 feet abutting the farmland shall be planted in grasses or wildflowers to be mowed or ground-covering plants on a slope not to exceed a four-to-one slope-to-height ratio.
(4)
Type 4 Buffer. Buffer design and plant materials shall be as follows:
(a)
A buffer wide enough to accommodate a fence and plantings abutting the fence is required.
(b)
A solid fence shall be provided. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed eight feet in height. Fence details shall be provided with the landscape plan.
(c)
Along the exterior face of the fence there shall be a row of ornamental shrubs and/or evergreens 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.
(6)
Type 6 Buffer. Buffer design and plant material shall be as follows:
e.
Planting Requirements Near Overhead Utility Lines. Where street trees are to be planted along streets with overhead power lines, the following requirements shall be met:
(a)
If trees are to be planted within 15 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 25 feet shall be planted.
(b)
If trees are to be planted within 15 feet to 25 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 40 feet shall be planted. Refer to Part 5, General Design Standards, of Chapter 22, Subdivision and Land Development, of the Code of the Township of East Rockhill for specifications and acceptable trees.
f.
Existing Trees in Right-of-Way. Trees in the right-of-way of Township roads, where the right-of-way belongs to the Township, shall not be removed without Township approval except within the clear sight triangle and except for the removal of dead or unhealthy trees or nonnative invasive trees. All trees within the right-of-way shall be included in the tree inventory and landscape plan.
g.
Outdoor Collection Station. Where outdoor collection stations are provided for garbage and trash removal, these stations shall be located to the rear of the structure and shall be visually screened from public streets, internal roadways and adjacent property and landscaped. Screening shall consist of a solid board fence, masonry wall, or dense evergreen plant materials. All such screening shall be of sufficient height to screen the outdoor collection station from view.