Lower Makefield Township
City Zoning Code
City Zoning Code
ARTICLE XIV
General Regulations Applicable To All Uses
§ 200-51 Natural resource protection requirements.
[Amended 8-7-1995 by Ord. No. 296; 10-6-1998 by Ord. No. 319]
The purpose of this section is to protect the natural resources of the environment by preserving forests, wetlands, slopes and floodplains. These regulations apply to all zoning districts and all uses in the Township.
A.
Identification of lands with natural resources. The applicant for a subdivision or land development or a zoning or building permit shall identify all natural resources on a lot when submitting an application. For the purpose of this subsection only, a building permit shall require the identification of natural resources if the building permit seeks to alter the footprint of the building or raze the building. This inventory shall include all natural resources identified in § 200-51B and all soil types.
B.
Natural resource protection. The applicant shall incorporate the following natural resource protection ratios in any subdivision, land development, zoning or building permit application as they apply. Each resource is defined and a resource protection ratio is set for each resource. Site alterations, regrading, filling or clearing of trees and vegetation prior to plan or permit approval is prohibited.
(1)
(2)
Floodplain soils abutting the Delaware River Floodplain.
(3)
Ponds (natural or manmade) and pond shorelines.
(a)
Natural or manmade water areas including retention or detention basins of 20,000 square feet or greater and all areas within 50 feet of the edge of the water measured from the mean water level.
(b)
Resource protection ratio for ponds and pond shorelines shall be 100%. No development, filling, piping or diverting shall be permitted.
(4)
Wetlands or waters of the commonwealth.
(a)
Those areas of lands defined as wetlands in either the United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual or the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified or the Pennsylvania Department of Environmental Protection's Resources Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition, and for its application to this chapter, most restrictive criteria shall mean the criteria which causes the preservation of the most extensive area of wetlands. Soils which may be indicators of wetlands are: Bo Bowmansville silt loam, Ha Hatboro silt loam, Fa Fallsington, Do Doylestown, ToA Towhee and ToB Towhee Stony.
(b)
Resource protection ratio for wetlands and waters of the commonwealth shall be 100%. No filling, clearing, grading or development is permitted.
(c)
A wetlands/watercourse buffer shall be the transitional area extending outward from the boundary of a wetlands or watercourse as defined in this chapter and Chapter 178, Subdivision and Land Development. For the purposes of preventing groundwater contamination, reducing surface runoff and sedimentation of nearby streams and bodies of water, protecting sensitive wildlife habitats, minimizing disruption to the hydrology of wetlands sites and watercourses and preventing damage to dwellings and property as a result of construction on or adjacent to alluvial soils or construction adjacent to watercourses, wetlands/watercourses buffers shall be established as follows:
[1]
Minimum wetlands/watercourse buffer shall be 50 feet. Where the 300 feet of land adjacent to a wetland or watercourse boundary has an upland slope greater than 5%, the minimum buffer width shall be increased by four feet for each percent of slope at or above 5%:
[Amended 12-20-2006 by Ord. No. 364]
[a]
Unique site conditions, such as to facilitate proper site drainage or preservation of established vegetation, may dictate that the wetland buffer be adjusted (averaged) to accommodate an efficient site design. The average width of the buffer for the entire site shall be equal to 50 feet with a minimum width of 30 feet. The applicant shall provide justification for the use of the averaging method and shall provide calculations demonstrating that the average width criteria has been met.
[2]
In addition to the minimum wetlands/watercourse buffer, the following natural features shall be given the additional protection set forth herein:
[a]
Shrub-shrub buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation between 12 inches and 20 feet in height, the minimum wetlands/watercourse buffer shall be extended to not less than 75 feet.
[Amended 12-20-2006 by Ord. No. 364]
[b]
Herbaceous buffer where greater than 2/3 of a contiguous minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c)[1] above consists of vegetation less than 12 inches in height or no vegetation, the minimum wetlands/watercourse buffer shall be extended to not less than 100 feet.
(d)
Resource protection ratio for wetlands/watercourse buffers shall be 100%. No filling, grading, clearing or development is permitted.
(e)
If any of the following site-specific criteria are applicable, the Township shall require an independent Environmental Impact Assessment as set forth in Appendix to this chapter:[1]
[1]
Planned commercial/industrial facility that may release hazardous materials.
[2]
On-site wastewater treatment system.
[3]
Mining or mineral extraction.
[4]
Wetland abutting park, wildlife refuge or sanctuary, farmland preservation property or other area managed and maintained for resource protection purposes.
[5]
Exceptional value wetlands as defined in 25 P.S. § 105.17.
[6]
Wetland on site associated with wetland system of 10 contiguous acres or greater.
[7]
Wetland abutting a watercourse terminating in the Delaware River less than two miles from the site.
[8]
Wetland abutting a watercourse with a public water intake less than two miles from the site. As part of the Federal Insurance Administration, the applicant shall have a qualified wetlands professional determine whether the minimum wetlands/watercourse buffer as calculated in § 200-51B(4)(c) is sufficient to maintain an 85% trap efficiency pursuant to the guidelines set forth in the Wong and McCuen Vegetative Buffer Strip Model (1982) or a comparable buffer strip model. If the 85% trap efficiency cannot be maintained, the minimum buffer width shall be extended to the width necessary to maintain an 85% trap efficiency or 300 feet, whichever is less. If the Township disagrees with the applicant's calculations, it may retain a qualified wetlands professional to perform the calculations at the applicant's expense. If the Township's and the applicant's calculations are conflicting, the greatest buffer width shall govern up to a maximum of 300 feet.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(5)
Steep slopes. Steep slopes must be protected from inappropriate development, such as excessive grading, land form alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like.
[Amended 12-20-2006 by Ord. No. 364]
(b)
Determination of steep slope areas:
[1]
In any application for a subdivision, land development, building permit or grading permit, the applicant shall, using two-foot contours, delineate Class I, Class II and Class III steep slopes. The applicant shall use an actual field topographic survey or aerial survey as the source of contour information and as the basis for depicting the slope categories.
(c)
The following standards shall apply, except where specifically modified by this chapter in accordance with the conditional use standards and procedures:
[1]
Class I (8% to less than 15%) steep slopes: No more than 50% of such areas shall be altered, graded, cleared or built upon.
[2]
Class II (15% to 25%) steep slopes: No more than 30% of such areas shall be altered, graded, cleared or built upon.
[3]
Class III (greater than 25% or steeper) steep slopes: No alterations, grading, clearing or building permitted. In addition, no building shall be placed nor shall grading occur within 25 feet of the boundary of any Class III steep slope area.
[4]
Protection of Class I, Class II, and Class III slopes may be reduced by conditional use approval, provided that other resources (such as woodlands) are protected to a greater extent to compensate for the additional slope disturbance, in accordance with conditional use standards and procedures.
(d)
Exemptions for steep slopes. Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
(e)
Steep slopes. At the sole discretion of the Board of Supervisors, the Board may, through a conditional use process, reduce the slope protection standards, provided that the additional disturbance for slopes is offset by the preservation of woodlands. The Board of Supervisors may grant conditional use approval to reduce the percentage of steep slopes required to be preserved by up to an additional 10% less than required, when the Board, in its sole discretion, determines that a lesser percentage of protection is warranted applying the standards and procedures hereafter set forth.
[1]
Application procedure.
[a]
The applicant shall prepare an Existing Resources and Site Analysis Map ("ERSAM") containing the information required at § 178-13B(3) of the Subdivision and Land Development Ordinance.
[c]
The applicant shall determine the areas to be left undisturbed and shall prepare a proposed Resource Conservation Plan in accordance with the provisions of § 178-13E(1), Step 1, and (2), Step 2, of the Subdivision and Land Development Ordinance.
[d]
If the applicant determines that in order to optimize protection of the most highly valued natural resources on the property disturbance of percentages of steep slopes greater than those required is necessary, the applicant shall file a conditional use application requesting approval to protect a lesser percentage of steep slopes.
[2]
Standards for grant of conditional use approval. The Board of Supervisors shall determine, based upon the natural resources specific to the property under consideration, the extent to which steep slopes may be disturbed in order to optimally protect the natural resources of the Township to achieve the objectives of the Lower Makefield Comprehensive Plan, to assure the sustainability of the community of which the subdivision is a part and to achieve those purposes set forth under § 200-51B(5) hereof. In determining whether, and to what extent, to grant conditional use relief, the Board shall consider the following standards and guidelines.
(f)
Steep slope protection.
[1]
The effect protecting less than the required percentage of steep slopes would have on adjacent properties, particularly when such slopes abut another lot or tract of land.
[2]
The extent to which protection of less than the required percentage of steep slopes would result in excessive grading, land form alteration and extensive vegetation removal.
[3]
The extent to which the ecological balance may be disturbed by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, landslide and soil failure.
[4]
The extent to which steep slopes can be protected as open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
[5]
The Board may consider the extent to which the Steep Slope is man-made rather than natural and whether its disturbance will facilitate, in the opinion of the Board, the optimal design for the development of the property.
(6)
Woodlands.
[Amended 12-3-2001 by Ord. No. 330]
(a)
Woodlands. A woodland is one-quarter acre or more of wooded land where the largest trees measure at least six inches diameter at a height of 4.5 feet from the ground and the associated intermediate layers in these areas, including the understory shrubs and smaller trees, the ground layer of herbaceous plants and the forest floor. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at a height of 4.5 feet above the ground.
(b)
Resource protection ratio for woodlands. For land zoned R-RP, 85% of woodlands shall remain undisturbed as resource protected land. For land zoned R-1, 80% of woodlands shall remain undisturbed as resource protected land. For land zoned R-2, 75% of woodlands shall remain undisturbed as resource protected land. For land not zoned R-RP, R-1, or R-2, 70% of woodlands shall remain undisturbed as resource protected land. This resource protection ratio for woodlands shall not apply to applications for permits pertaining to developed residential lots which cannot be further subdivided, or to applications for permits for forestry/timber harvesting pursuant to this chapter. Resource protected woodlands shall be protected during any construction activities from root compaction by equipment and materials, mechanical damage or change in grade level.
[Amended 4-17-2019 by Ord. No. 419]
§ 200-52 Site capacity calculations.
The purpose of this section is to determine the intensity of use to which a specific site may be put. The following calculations shall be submitted with all sketch and preliminary plans by the applicant for all subdivisions and land developments and shall comply with the following standards and procedures:
A.
B.
Step II. Determine natural resources land to be protected and percent of base site area in resource-protected land.
(1)
Determine land subject to natural resources. Each site has unique natural features. All applications shall include maps showing the locations of the resources together with the calculations on the following chart. In the event that two or more resources overlap, only the resource with the highest protection ratio shall be used:
[Amended 8-7-1995 by Ord. No. 296; 12-20-2006 by Ord. No. 364]
I | II | III | IV | |
|---|---|---|---|---|
Natural Resource | Percent of Resource to be Protected | Total Natural Resource Land in Acres | Total Resource Protected Land (II x III) | |
HYDROLOGIC SURFACE | Floodplain | 100% | ||
Floodplain soils (Delaware River) | 50% | |||
FEATURES: | Lakes or ponds | 100% | ||
Wetlands | 100% | |||
Lake and pond shoreline | 100% | |||
Wetland and watercourse buffers | 100%1 | |||
SLOPES: | Class I steep slope (8% to less than 15%) | 50% | ||
Class II steep slope (15% to 25%) | 70% | |||
Class III steep slope (greater than 25%) | 100% | |||
WOODLANDS: | Woodland Associations zoned R-RP | 85% | ||
Woodland Associations zoned R-1 | 80% | |||
Woodland Associations zoned R-2 | 75% | |||
All other zoning categories | 70% | |||
TOTALS: | _____acres | _____acres |
NOTES: |
|---|
(2)
Determine percentage of base site area classified as resource-protected land:
Total Resource-Protected Land minus Base Site Area = % of base site area classified as resource-protected land. |
C.
Step III. Determine site capacity.
(1)
For all residential subdivisions and land developments the following calculations shall apply:
(a)
Single-family detached developments and two-family developments.
[1]
Find net buildable site area for single-family detached and two-family developments.
Base site area minus total resource protected land (determined in Step II) = Net buildable site area | ||||
— | = | |||
Base site area | Total resource protected land | Net buildable site Area | ||
[2]
Find maximum number of permitted dwelling units for all single-family detached and two-family developments.
[a]
With recreation land:
Net buildable site area - [(1/Density1) + .052] = Total number of dwellings permitted | |
|---|---|
NOTES: 1 Maximum density permitted on the net buildable site area is determined for each district in the tables of performance standards. For all single-family detached developments, the maximum density on the net buildable site area is dictated by the percent of the total base site area which is in resource protection land, as determined in Step II. 2 Recreation factor derived from Chapter 178, Subdivision and Land Development. |
[b]
With fee in lieu of recreation land:
x | = | |||
net buildable site area | Maximum density on net buildable site area* | Units permitted |
(b)
Single-family attached and multifamily developments.
[1]
Find net buildable site area for single-family attached and multifamily residences. A minimum of 40% of the base site area of sites planned for single-family attached residences or for multifamily residences shall be devoted to resource protected lands and open space. If resource protected lands encumber less than 40% of the base site area, then additional land shall be devoted to open space so as to equal 40%.
[Amended 8-2-2023 by Ord. No. 440]
— | = | |||
Base site area | Total resource protected land and open space, this number shall not be less than 40% of the base site area. | Net buildable site area |
[2]
Find maximum number of permitted dwellings for all single-family attached and multifamily developments.
Net buildable site area x maximum density permitted on net buildable site area1 = Maximum number of permitted dwellings | ||
|---|---|---|
NOTES: | ||
1 Maximum density on net buildable site area is established for single-family attached dwellings and multifamily dwellings in the regulations for the districts in which these housing types are permitted. |
(2)
Nonresidential uses in Districts C-1, C-2, C-3 and O-R.
(3)
For a mixed-use development in the MU District, the following calculations shall apply:
[Added 8-31-2020 by Ord. No. 423]
(a)
Find net buildable site area:
— | acres | |||
Base site area | Resource protection land | Net buildable site area |
(b)
Find required neighborhood open space:
___________ acres | x | = | acres | |
Net buildable site area | Minimum neighborhood open space percentage1 | Neighborhood open space |
NOTES: |
|---|
1The minimum neighborhood open space percentage is established for mixed-use developments in the regulations of the Mixed-Use Overlay District. |
(c)
Find maximum permitted building coverage:
___________ acres | x | = | acres | |
Net buildable site area | Maximum building coverage ratio2 | Maximum building coverage |
NOTES: |
|---|
2The maximum building coverage ratio is established in the regulations of the Mixed-Use Overlay District. |
§ 200-53 Floodplain definitions and general provisions.
[Amended 7-19-1999 by Ord. No. 323; 7-16-2014 by Ord. No. 396]
A. ACCESSORY BUILDING ACCESSORY STRUCTURE ACCESSORY USE BASE FLOOD BASE FLOOD DISCHARGE BASE FLOOD ELEVATION (BFE) BASEMENT BUILDING BUILDING, ACCESSORY DEVELOPMENT EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXISTING STRUCTURE EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN AREA FLOODPROOFING FLOODWAY FREEBOARD HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) IDENTIFIED FLOODPLAIN AREA LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MINOR REPAIR NEW CONSTRUCTION NEW MANUFACTURED HOME PARK OR SUBDIVISION PERSON POST-FIRM STRUCTURE PRE-FIRM STRUCTURE RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOOD ELEVATION REPETITIVE LOSS SPECIAL FLOOD HAZARD AREA (SFHA) START OF CONSTRUCTION STRUCTURE SUBDIVISION SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT UNIFORM CONSTRUCTION CODE (UCC) USE(1) (2) VARIANCE VIOLATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
See "building, accessory."
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
See "use, accessory."
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
Any area of the building having its floor below ground level on all sides.
A permanent structure having walls and a roof, used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof. Included shall be all manufactured homes and trailers to be used for human habitation.
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
Any man-made change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renovation repair, expansion, or alterations of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining, dredging, or drilling operations; storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
A structure for which the "start of construction" commenced before July 16, 2014. "Existing structure" may also be referred to as "existing construction."
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
An additional amount of height above the base flood elevation used as a factor of safety (e.g., two feet above the base flood) in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with floodplain management regulations.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on the Pennsylvania Register of Historic Places.
Individually listed on the Lower Makefield Township Historic Building Inventory and/or shown on the Lower Makefield Township Historic Survey map.
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See § 200-55A and B for specifics on what areas the community has included the Identified Floodplain Area.
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this section.
A structure, transportable, in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. This term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring, mechanical or other work affecting public health or general safety.
Structures for which the start of construction commenced on or after July 16, 2014, and includes any subsequent improvements to such structures. Any construction started after September 30, 1977, and before July 16, 2014, is subject to the sections in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads), is completed on or after the effective date of floodplain management regulations adopted by a community.
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
A structure for which construction or substantial improvement occurred on or after the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1977, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement occurred before the Township's initial Flood Insurance Rate Map (FIRM) dated September 30, 1977, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck,
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1/2 feet.
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damage occurred.
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, AI-A30, AE, A99, or, AH.
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred. Substantial damage also means a structure that meets the definition for repetitive loss.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, ACCESSORYA use located on the same lot with a principal use, and clearly incidental or subordinate to, and in connection with, the principal use.
USE, PRINCIPALThe main use on a lot.
A grant of relief by the Township from terms of a floodplain management regulation.
The failure of a structure or other development to be fully compliant with the Township's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental units and its residents by preventing excessive development in areas subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(f)
Regulate uses, activities, and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(g)
Restrict or prohibit certain uses, activities and development from locating within areas subject to flooding.
(h)
Require all those uses, activities, and development that do occur in floodprone areas to be protected and/or floodproofed against flooding and flood damage.
(i)
Protect individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
(2)
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township of Lower Makefield unless a permit has been obtained from the Floodplain Administrator.
(3)
Abrogation and greater restrictions. This section supersedes any other conflicting provision which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
(4)
Severability.
(a)
If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the section, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
(b)
If a court of competent jurisdiction finds the application of any provision or provisions of this section to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.
(5)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
(b)
This section shall not create liability on the part of Lower Makefield Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made there under.
§ 200-54 Floodplain administration.
[Amended 7-19-1999 by Ord. No. 323; 7-16-2014 by Ord. No. 396]
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or
(c)
Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal regulations at 44 CFR 59.22.
B.
Permits required. A permit shall be required before any construction or development is undertaken within any area of Lower Makefield Township.
C.
Duties and responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 404, 33, U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(3)
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(4)
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(5)
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Township Manager for whatever action it considers necessary.
(6)
The Floodplain Administrator shall maintain in perpetuity all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(7)
The Floodplain Administrator shall consider the requirements of 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions thereof.
(8)
In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the history of repairs to the subject building, so that any repetitive loss concerns can be addressed before the permit is issued.
(9)
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain administrator/manager.
D.
Application procedures and requirements.
(1)
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by Lower Makefield Township. Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction is to occur.
(c)
Name and address of contractor.
(d)
Site location including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including a breakout of flood-related cost.
(g)
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
(b)
All utilities, such as sewer, gas, electric, water and sewer systems, are located and constructed to minimize or eliminate flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards:
(d)
Structures will be anchored to prevent floatation, collapse, or lateral movement;
(e)
No development shall be permitted in the floodway that would result in any increase in the base flood elevation;
(f)
Building materials are flood resistant;
(g)
Appropriate practices that minimize flood damage have been used; and
(h)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways; and
[5]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood; and Floodway Area [see § 200-55B(1)] when combined with all other existing and anticipated development will not increase the base flood elevation at any point.
[2]
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway [see § 200-55B(2)] when combined with all other existing and anticipated development, will not increase the base flood elevation at any point.
[4]
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[5]
Detailed information needed to determine compliance with § 200-56C(6), Storage, and § 200-56D, Development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 200-56C(6) and D, which are intended to be used, produced, stored or otherwise maintained on site.
[6]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[7]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection and Bucks County Conservation District, to implement and maintain erosion and sedimentation control.
[8]
A properly completed and signed elevation certificate.
(4)
Applications for permits shall be accompanied by a fee, payable to the municipality. Such fee shall be in the amount specified by the Board of Supervisors, by resolution.
E.
Review of application by others.
(1)
A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., Planning Commission, planner, municipal engineer, etc.) for review and comment.
(2)
A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Floodplain Administrator to Bucks County Conservation District for review and comment prior to the issuance of a permit. The recommendations of Bucks County Conservation District shall be considered by the Floodplain Administrator for incorporation into the proposed plan.
F.
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
G.
Placards. In addition to the permit, a placard shall be issued by the Floodplain Administrator which shall be displayed on the premises during the time construction is in progress. This placard shall show the permit number, date of issuance, and shall be signed by the Floodplain Administrator.
H.
Records. A copy of the permit issued shall be kept on the job site premises during the time construction is in progress.
I.
Start of construction.
(1)
Work on the proposed construction or development shall begin within 180 days after the date of issuance and shall be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.
(2)
The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(3)
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
K.
Appeals. Appeals from determination made by the Floodplain Administrator regarding floodplain provisions shall be acted on by the Zoning Hearing Board in accordance with procedures for Zoning Hearing Board (ZHB), § 200-94 through § 200-109. However, granting of an appeal will not relieve a landowner, the Township and the ZHB from compliance with the minimum requirements of the National Flood Insurance Program and to the extent any of the ZHB procedures are not as restrictive as the National Flood Insurance Program, the more restrictive provisions shall apply to ZHB review of floodplain appeals.
§ 200-55 Identification of floodplain areas.
[Amended 7-16-2014 by Ord. No. 396]
A.
Identification. The identified floodplain area shall be:
(1)
Any areas of Lower Makefield Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated May 18, 1999, 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.
(a)
FIRM Map Numbers applicable to Lower Makefield Township.
42017C0343F | 42017C0431F | 42017C0451F | 42017C0454F | |
42017C0344F | 42017C0432F | 42017C0452F | 42017C0456F | |
42017C0363F | 42014C0434F | 42017C0453F | 42017C0458F | |
42017C0364F |
(b)
The above referenced FIS and FIRMS, and any subsequent revisions and amendments, are hereby adopted by Lower Makefield Township, and declared to be a part of this section.
(2)
Any community-identified Flood Hazard Areas.
B.
Description and special requirements identified floodplains: The identified floodplain area shall consist of the following specific areas:
(1)
The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those Special Flood Hazard Areas where no floodway has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(2)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which the base flood elevations have been provided and a floodway has been delineated.
(b)
The AE Area without floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided in the FIS but no floodway has been determined.
[1]
No permit shall be granted for any construction, development, use, or activity within any AE Area/District without floodway unless it is demonstrated that the cumulative effect of the proposed development would not, together with all other existing and anticipated development, increase the BFE.
[2]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(3)
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(a)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality.
(4)
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM included in the FIS prepared by FEMA. These areas are subject to inundation by the one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(5)
Community-identified flood hazard areas shall be those areas where Lower Makefield Township has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study methodologies.
C.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See § 200-56A(2) for situations where FEMA notification is required.
D.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by Lower Makefield Township and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
E.
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
§ 200-56 Floodplain technical provisions.
[Amended 7-16-2014 by Ord. No. 396]
A.
General.
(1)
Alterations or relocations of watercourses.
(a)
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by Lower Makefield Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection (PADEP) Regional Office.
(b)
In addition, the Federal Emergency Management Agency (FEMA) and Pennsylvania Department of Community and Economic Development shall be notified by Lower Makefield Township prior to any alteration or relocation of any watercourse.
(c)
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(2)
Technical or scientific data shall be submitted by the applicant to FEMA for a letter of map revision (LOMR) as soon as practicable but within six months of any new construction, development, or other activity resulting in changes in the BFE. The situations when a LOMR or a conditional letter of map revision (CLOMR) are required are:
(a)
Any development that causes a rise in the base flood elevations within the floodway; or
(b)
Any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause any rise in the base flood elevation; or
(c)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges).
(3)
The applicant shall (as per 44 CFR 65.12):
(a)
Apply to FEMA for conditional approval of such action prior to permitting the encroachment to occur.
(b)
Upon receipt of the Administrator's conditional approval of map change and prior to approving the proposed encroachments, Lower Makefield shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR 67.
(4)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.
B.
Elevation and floodproofing requirements. Within any Identified Floodplain Area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the Identified Floodplain Area in accordance with the criteria of in § 200-59, then the following provisions apply:
(1)
Residential structures:
(a)
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above the regulatory flood elevation (the base flood elevation plus 1 1/2 foot of freeboard).
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 200-55B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade and at least 1 1/2 feet higher than the depth number specified on the FIRM.
(d)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
(2)
Nonresidential structures:
(a)
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 200.55B(3) of this chapter.
(c)
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade and at least 1 1/2 feet higher than the depth number specified on the FIRM.
(d)
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards.
(e)
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the most recent revisions thereof and ASCE 24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized, where they are more restrictive.
(3)
Space below the lowest floor.
(a)
Basements are prohibited.
(b)
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
(c)
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d)
A nonconversion agreement is required.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this section, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
C.
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1)
Fill. Within any identified floodplain area, the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in § 200-59, then the following provisions apply:
(a)
Such fill shall not increase the base flood elevation.
(b)
Fill shall extend laterally at least 15 feet beyond the building line from all points.
(c)
Fill shall consist of soil or small rock materials only; sanitary landfills shall not be permitted.
(d)
Fill shall be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
(e)
Fill shall be no steeper than one vertical to three horizontal, unless substantiated data justifying steeper slopes are submitted to, and approved by, the Zoning Officer, Floodplain Administrator and the Township Engineer.
(f)
Fill shall be used to the extent to which it does not adversely affect adjacent properties.
(g)
Under no circumstances shall fill be permitted in the floodway.
(2)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
(c)
No part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d)
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages" and "the International Private Sewage Disposal Code" shall be utilized.
(e)
No expansion of any on-site sewage system now located either wholly or partially in the floodplain shall be permitted.
(4)
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in § 200-56D, Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to not obstruct the flow of water and shall be designed to have no effect upon the flow and height of water.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement. The Zoning Officer shall require the applicant to submit the signed and sealed certification by a registered professional engineer that the proposed structural design meets these criteria.
(b)
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
(d)
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints or other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with marine or water-resistant paint or other finishing materials.
(12)
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.
(14)
Uniform Construction Code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401-405), as amended and not limited to the following provisions, shall apply to the above and other sections and subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.
D.
Development which may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances, shall be prohibited. If a variance is obtained, the development shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
(a)
Acetone;
(b)
Ammonia;
(c)
Benzene;
(d)
Calcium carbide;
(e)
Carbon disulfide;
(f)
Celluloid;
(g)
Chlorine;
(h)
Hydrochloric acid;
(i)
Hydrocyanic acid;
(j)
Magnesium;
(k)
Nitric acid and oxides of nitrogen;
(l)
Petroleum products (gasoline, fuel oil, etc.);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulphur and sulphur products;
(q)
Pesticides (including insecticides, fungicides, and rodenticides);
(r)
Radioactive substances, insofar as such substances are not otherwise regulated.
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection D(1), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any identified floodway area, any structure of the kind described in Subsection D(1), above, shall be prohibited.
(4)
Where permitted by variance within any other identified floodplain area, any substantially improved residential structure of the kind described in § 200-56D(1) above, shall be elevated to remain completely dry up to at least 1 1/2 feet above the base flood elevation and built in accordance with Subsections A, B and C.
(5)
Where permitted within any identified floodplain area, any substantially improved nonresidential structure of the kind described in § 200-56D(1) above, shall be built in accordance with Subsections A, B and C, including:
(a)
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above the base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood.
(c)
Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
E.
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 20 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant.
F.
Special requirements for manufactured homes. Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in § 200-59, then the following provisions apply:
(1)
Within any Floodway Area/District, manufactured homes shall be prohibited.
(2)
Within any identified floodplain area, manufactured homes shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Where permitted within any identified floodplain area, all manufactured homes, and any improvements thereto, shall:
(a)
Be placed on a permanent foundation.
(b)
Be elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above the base flood elevation.
(c)
Be anchored to resist flotation, collapse and lateral movement.
(d)
Have all ductwork and utilities including HVAC/Heat pump elevated to the regulatory flood elevation.
(4)
Installation of all manufactured homes shall be done in accordance with the manufacturer's installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements of Appendix E of the 2009 "International Residential Building Code" or the "U.S. Department of Housing and Urban Development's Permanent Foundations for Manufactured Housing," 1984 Edition, draft or latest revision thereto and 34 Pa. Code Chapters 401 through 405 shall apply.
(5)
Consideration shall be given to the installation requirements of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto and 34 Pa. Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot be provided or were not established for the proposed unit(s) installation.
G.
Special requirements for recreational vehicles. Within any identified floodplain area, recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Article IX, then the following provisions apply:
H.
Use regulations.
(1)
Uses permitted by right. The following uses and activities are permitted in the floodplain provided they are in compliance with the provisions of the underlying zoning district and are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment and provided that within the floodway there would be no increase in the BFE elevation.
(a)
Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, forestry, sod farming and wild crop harvesting.
(b)
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.
(c)
Yard areas for residential and nonresidential uses, with the exception of the minimum lot area requirements.
(d)
Temporary uses such as circuses, carnivals, and similar activities.
(2)
Uses permitted by special exception. The following uses and activities are permitted in the floodplain by special exception provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that all applicable floodplain requirements are met:
(a)
Utilities, public facilities and improvements such as streets, bridges, transmission lines and pipe lines.
(b)
Water-related uses and activities.
(c)
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 Subsection H(1) hereof shall be prohibited in the floodplain.
(d)
Parking areas.
§ 200-57 Floodplain prohibited activities with no variance granted.
[Amended 7-16-2014 by Ord. No. 396]
A.
In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act, the following activities shall be prohibited within any identified floodplain area:
§ 200-58 Existing structures in identified floodplain areas.
[Amended 7-16-2014 by Ord. No. 396]
A.
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when any improvement is made to any existing structure, the provisions of Subsection B shall apply.
B.
Improvements.
(1)
No expansion or enlargement of an existing structure shall be allowed within the identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 200-55B(3).
(2)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(3)
The above activity shall also address the requirements of 34 Pa. Code, as amended, and the 2009 IBC and 2009 IRC.
(4)
Within any Floodway Area/District (See § 200-55B(1)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(5)
Within any AE Area/District without floodway (See § 200-55B(2)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(6)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "repetitive loss" shall be undertaken only in full compliance with the provisions of this section.
(7)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
§ 200-59 Floodplain variances.
[Amended 7-16-2014 by Ord. No. 396]
A.
General. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective builder, developer or landowner, the Lower Makefield Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
B.
Variance procedures and conditions.
(1)
Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in § 200-54K and the following:
(a)
No variance shall be granted for any construction, development, use or activity within the Identified Floodplain Area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in § 200-55B(3).
(b)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development which may endanger human life (§ 200-56D).
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(f)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:
[1]
That there is good and sufficient cause;
[2]
That failure to grant the variance would result in exceptional hardship to the applicant;
[3]
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state statute or regulation, or local ordinance or regulations.
(g)
A complete record of all variance requests and related actions shall be maintained by Lower Makefield Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Emergency Management Agency (FEMA).
(h)
If the state statutory criteria for review for the Zoning Hearing Board in any way conflicts with federal requirements and/or federal law, federal law shall preempt that of the state.
(2)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent annual chance flood.
§ 200-60 Clear sight triangles.
A.
Intersections. On any corner lot, no wall, fence, sign or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring the view. A clear sight triangle of 25 feet, measured along the right-of-way lines of intersecting streets, shall be maintained, within which such structures or planting shall be limited to a height of not more than 1.5 feet above the street grade.
B.
Driveways and private accessways. At each point where a private accessway or driveway intersects a public street or road, a clear sight triangle of 15 feet, measured from the point of intersection of the street and the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than 1.5 feet above street level.
C.
It shall be the property owner's responsibility to maintain the sight triangle. The Township shall have the right to declare an obstructed sight triangle to be a safety hazard and to clear the same at the owner's expense should the owner fail to do so after proper notice.
§ 200-61 Special setbacks.
A.
Corner lots. A lot with frontage on two or more streets including corner lots shall have a building setback from each street not less than the required front yard. In cases of corner lots, a rear yard is required, but such yard may be any yard not facing a public street. In cases of through lots, no rear yard is required.
B.
Triangular lots. In the case of a triangular lot with no rear lot line the distance between any point on the building and the corner of the lot farthest from the front lot line shall be at least twice the minimum rear yard requirement for that district.
C.
Setbacks from resource-protected lands. On lots which include lands with resource restrictions, the minimum building setbacks shall be measured from the limit of the resource protected lands rather than from the lot lines so that the required minimum yard is free from resource restricted lands.
D.
Exception for existing alignment. If the alignment of existing buildings on either side of a lot within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the Board of Supervisors may accept the average of such existing alignment within that distance as the required front yard, but in no case shall the front yard be less than 20 feet. For lots fronting on collector or arterial roads, the front yard setback shall be increased a sufficient distance to provide an adequate driveway turnaround area so vehicles do not back out directly onto these roads.
[Added 12-20-2006 by Ord. No. 364]
§ 200-62 Setbacks from the Delaware Division of the Pennsylvania Canal.
A setback of 150 feet is established along both sides of the Delaware Division of the Pennsylvania Canal measured from the center line of the canal in accordance with the following standards:
A.
Nothing other than landscaping and a wood fence which may be lined with a wire mesh shall be permitted in the setback.
B.
No roads or driveways may be permitted in the setback, except where there is no other access. The road or driveway shall be designed to minimize adverse impact on the canal.
C.
The setback requirements shall terminate at the edge of River Road and shall not extend to land on the opposite side of River Road from the canal.
§ 200-63 Special setbacks along arterial and collector streets.
A.
These setback requirements shall apply to all uses and structures on lots which abut an arterial or collector road and supersede the yard and setback requirements for the zoning districts within which the lots may lie. The special setback shall be measured from the right-of-way line of the arterial or collector streets.
Condition | Special Setback-Arterial (feet) | Special Setback-Collector (feet) | |
|---|---|---|---|
Front yard at street line of arterial or collector | 100 | 80 | |
Reverse frontage lot1 | 120 | 100 | |
Street serving new subdivision or land development | 120 | 80 |
NOTES: 1 Swimming pools and fences may be located closer to the right-of-way line on reverse frontage lots, in accordance with § 200-70 of this chapter. |
B.
Arterial and collector roads are designated as follows and shall have the ultimate right-of-way specified in Chapter 178, Subdivision and Land Development.
Arterial Roads | Collector Roads | |
|---|---|---|
Heacock Road from Oxford Valley Road to Edgewood Road | Big Oak Road | |
Interstate 95 | Black Rock Road | |
Morrisville-Yardley Road (including Pennsylvania Avenue) | Creamery Road | |
Newtown-Washington Crossing Road (Route 532) | Dolington Road | |
Newtown-Yardley Road (Route 332) | Edgewood Road | |
Oxford Valley Road (between Heacock Road and the Falls Township Line) | Ferry Road | |
Pine Grove Road | Heacock Road from Edgewood to Yardley-Langhorne Road | |
Stony Hill Road (between Falls Township Line and Route 332) | Lindenhurst Road | |
Township Line Road | Makefield Road | |
Mirror Lake Road (80 feet wide except 100 feet wide, 500 feet south of Yardley-Newtown Road) | ||
Mt. Eyre Road | ||
Oxford Valley Road (between Heacock Road and Yardley Borough) | ||
Quarry Road | ||
River Road | ||
Schuyler Drive | ||
Sutphin Road | ||
Taylorsville Road north of I-95 | ||
Woodside Road | ||
Yardley-Langhorne Road |
C.
Notwithstanding any other provision in this chapter, no structure shall be located closer than 150 feet from the right-of-way line of I-95 and Pennsylvania Route 332, along both roads for a distance of 1,000 feet from their center line intersection.
D.
Exception to setbacks within Historic District, which includes all or a portion of the following zoning districts:
[Added 12-6-2004 by Ord. No. 345]
H-C | Historic Commercial | |
C-1 | Commercial Neighborhood Shopping | |
R-4 | Residential Multiple Family High Density |
(1)
Within those portions of the foregoing zoning districts which are located in the Historic District, the following setbacks shall supersede the provisions of § 200-63, The following setbacks shall be measured from the existing legal right-of-way line.
Condition | Special Setback-Arterial (feet) | Special Setback-Collector (feet) | |
|---|---|---|---|
Front yard at street line of arterial or collector | 20 | 20 | |
Reverse frontage | N/A | N/A | |
Street serving new subdivision or land development | 20 | 20 |
NOTE: Fences or hedges may be located six inches outside the existing legal right-of-way line, provided they do not interfere with the sight triangle of any private driveway or street intersection. |
§ 200-64 Access to lots.
No dwelling shall hereafter be erected unless there is a direct access to it through an open space on the same lot. Such open space shall be not less than 25 feet in width and shall extend from the dwelling to a street. Every principal building shall be built on a lot with frontage on a public street or road improved to meet the Township's standards.
§ 200-65 Flag or lane lots.
Flag or lane lots (lots which do not have the minimum lot width at the minimum required front yard setback line) shall be permitted only under the following conditions:
A.
Flag or lane lots shall be permitted for single-family detached units only.
B.
Minimum lot size shall be 40,000 square feet, regardless of the other minimum lot area requirements which may apply in the district in which the lot is located.
C.
The minimum lot area shall be measured exclusive of the area of the lane or flag pole.
D.
Only one tier of flag or lane lots per tract will be permitted. A tier shall be defined as a single row of lots behind lots which have the required frontage at the street line and lot width at the minimum front building setback line.
E.
The lot, exclusive of the lane, must meet the required building lot dimensions for lots of 40,000 square feet as set forth in this chapter.
F.
Each flag or lane lot shall have its own lane which shall be owned by the lot owner in fee.
G.
The width of the lane or flag pole portion of the lot may not be less than 25 feet.
H.
No more than two flag or lane lots shall be permitted as part of a major subdivision.
I.
The front yard setback for a flag or lane lot shall be a distance equal to the front yard requirements for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum required lot width.
§ 200-66 Performance standards.
A.
Requirements for all uses. All uses and activities established after the effective date of this chapter shall comply with the following standards in this section. No use shall be permitted which is noxious or offensive to surrounding properties by reasons of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard by fire or explosion. No use shall create any objectionable condition on any other property which would endanger public health or safety or be detrimental to the use of any other properties. All applicable standards of the Bucks County Board of Health, the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency and any other agency with jurisdiction regarding pollution or contaminants shall be adhered to by all uses in the Township. This applies to fugitive contaminants, particulate matter emissions, sulfur compound emissions, toxic materials and any other air contaminants regulated by the state and federal authorities; noise, vibration, toxic materials; discharges into watercourses or into the ground; odors; fire or explosive hazards; and storage of chemicals or fuels. The most stringent standards shall apply.
B.
Noise control.
(1)
The sound level of any operation shall not exceed the decibel levels designated below with the following exceptions: the operation of motor vehicles or other transportation vehicles or other transportation facilities, emergency alarm signals or time signals. The sound pressure level shall be measured on the A-Scale with a sound level meter that conforms to the specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z 24.3-1944, American Standards Association, Inc., New York, New York, shall be used.)
(2)
Sound pressure levels shall be measured at the property line upon which the emission occurs and shall be limited by the use category of the adjacent affected property. The maximum permissible sound pressure levels for smooth and continuous noise shall be as follows:
Use Category | Maximum Permitted dBA Level | |
|---|---|---|
Residential | 55 | |
Commercial | 60 | |
Industrial | 65 |
(3)
If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given herein.
Type of Operation or Character of Noise | Correction (Decibels) | |
|---|---|---|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | - 3 | |
Noise occurs less than 5% of any one hour period | + 5 |
Noise is of periodic character or impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall exceed the basic standards given above.) | ||
(4)
Noise from recordings, loudspeakers or public address system. No musical recordings or advertising and other activity shall be carried on which shall create noise interfering with the reasonable enjoyment of adjacent residential properties or which exceeds the decibel limits set by this subsection.
C.
Smoke control.
(1)
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any 30 minute period.
(2)
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color with equivalent apparent capacity.
D.
Control of dust and dirt, fumes, vapors and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals or vegetation or other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
(2)
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
E.
Odor control. Odorous material released from any operation or activity shall not exceed the odor threshold beyond the lot line, measured either at ground level or habitable elevation. Odor threshold is defined as the lowest concentration of odorous matter that produced an olfactory response in normal human beings. Odor thresholds shall be measured in accordance with ASTM d 1931-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent.
F.
Heat control. No heat from any use shall be sensed at any property line to the extent of raising the temperature of air or materials more than one degree Fahrenheit.
G.
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in any residential or commercial district.
H.
Vibration control. No use shall cause vibrations exceeding the maximum values specified in this section. The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of placement and frequency.
(1)
When computed the following formula shall be used:
PV = 6.38 F x D | ||||
|---|---|---|---|---|
PV | = | Particle velocity, inches per second | ||
F | = | Vibration frequency, cycles per second | ||
D | = | Single amplitude displacement of the vibration,inches. | ||
(2)
At any adjacent lot line, PV shall not exceed 0.10 inch per second; except, within any residential district, PV shall not exceed 0.02 inch per second. Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in these values may be multiplied by two.
(3)
Particle velocity shall be the vector sum of three individual components measured simultaneously in three mutually perpendicular directions.
I.
Storage and waste disposal.
(1)
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except in tanks or drums of fuel directly connected to energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a chain link fence 10 feet high from grade level.
(3)
No materials or wastes shall be deposited on a lot in such form or manner that they may be transferred 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.
(4)
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 watertight sealed containers which are adequate to eliminate such hazards.
(5)
Plans for sewage or waste disposal shall be submitted to the Bucks County Department of Health and other appropriate governmental health agencies and shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from said agencies shall be a prerequisite to the issuance of a zoning or building permit.
(6)
No lot may be used for open dumping of trash, garbage or rubbish. No lot may be used for the storage, keeping or abandonment of junk or scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, except as may be permitted and regulated by § 200-67 or 200-69 for specific uses.
J.
Application of performance standards.
(1)
Any use established or changed to and any building, structure or land developed, constructed or used for any use or any accessory use thereto shall comply with all the performance standards herein set forth.
(2)
If any existing use or building or other structure is extended, enlarged or reconstructed the performance standards herein set forth shall apply to such extended, enlarged or reconstructed portion or portions of such use, building or other structure.
(3)
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(a)
Where determinations can be made by the Zoning Officer or other Township employees using equipment normally available to the Township or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(b)
Where technical complexity or extraordinary expense makes it unreasonable for the Township to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and protecting the general public from unnecessary costs for administration and enforcement.
(c)
If the Zoning Officer finds, after making determinations in the manner set forth in this chapter, that there is a violation of the performance standards set forth herein he shall take or cause to be taken lawful action to cause correction to within the limits established by such performance standards. Failure to obey lawful orders concerning such corrections shall be punishable under the provisions of §§ 200-116 and 200-117.
(4)
If, in the considered judgment of the Zoning Officer, there is probable violation of the performance standards set forth herein, the following procedures shall be followed:
(a)
The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for the alleged violation, in accordance with the procedures for Enforcement Notices in § 200-87 of this chapter. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Officer believes there is a violation and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Officer within a time limit set by the Zoning Officer. The notice shall state, and it is hereby declared, that failure to reply or correct the alleged violation to the satisfaction of the Zoning Officer within the time set constitutes admission of violation of the terms of this chapter.
(b)
If there is no reply within the time limit, but the alleged violation is corrected to the satisfaction of the Zoning Officer, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his official records, taking such other action as may be warranted.
(c)
If there is no reply within the time limit set and the violation is not corrected to the satisfaction of the Zoning Officer within the time limit set he shall take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(d)
If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Zoning Officer but requesting additional time, the Zoning Officer may grant an extension of time if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health or property.
(e)
If a reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violations continue, the Zoning Officer may call on properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the person or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of § 200-116.
K.
Exemptions for public utilities. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings. A building permit shall be required before construction commences.