Middletown Township Bucks
City Zoning Code
City Zoning Code
ARTICLE XXVI
Natural Resource Protection Standards; Open Space and Buffers
§ 500-2601 Natural resource protection standards.
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap. The following natural resources shall be protected:
A.
Floodplain. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, regraded, filled or built upon except in conformance with § 500-2603, Floodplain regulations, of this chapter. For areas designated as "approximate one-hundred-year floodplain" along streams and watercourses where the one-hundred-year floodplain (with a floodway and flood-fringe) has not been delineated, the requirements of floodplain soils shall be met. Minor road crossings may be permitted in the floodplain where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
B.
Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with § 500-2603, Floodplain regulations, of this chapter. Minor road crossings may be permitted in floodplain soils where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood-fringe) has been delineated.
(1)
Studies prepared by a registered engineer or expert in the preparation of hydrological studies may be used to delineate the one-hundred-year floodplain with a floodway and flood-fringe in place of areas designated as "floodplain soils" and "approximate one-hundred-year floodplain." Such hydrological studies shall be subject to the review and approval of the Board of Supervisors on the recommendation of the Township Engineer.
C.
Steep slopes. In areas of steep slopes, the following standards shall apply:
(1)
Eight percent to 15%: No more than 50% of such areas shall be altered, regraded, cleared or built upon.
(2)
Fifteen percent to 25%: No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(3)
Twenty-five percent or steeper: No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(4)
Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
D.
Woodlands. The following standards shall apply to woodlands:
(1)
Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes, wetlands, wetland margins and lake or pond shorelines.
(2)
Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in Subsection D(1) above] shall be altered, regraded, cleared or built upon. However, where more than 20% of such woodlands are altered, regraded, cleared or built upon, the following requirements shall be met:
(a)
The woodland area removed in excess of 20% shall be replaced at a rate of 100 trees per acre.
(b)
Several species of trees shall be utilized and all trees shall be 2.5 inches in caliper minimum. The replanted trees shall be similar in species to the trees that were removed.
(c)
Trees shall be planted in a random pattern forming continuous canopies; at least 1/2 of the required replacement trees shall be planted in one continuous canopy.
(d)
Replanting shall be done in accordance with a plan prepared by a licensed landscape architect. The replanting plan shall be approved by the Middletown Township Planning Commission and the Board of Supervisors.
(e)
Replanting shall occur on site. However, the Board of Supervisors may permit trees to be replanted off site on another property within Middletown Township where on-site replanting is deemed impractical.
(f)
All tree replanting areas shall be deed-restricted from future tree removal.
E.
Tree protection zone. Such areas shall not be altered, regraded, compacted or built upon, nor used for storage or parking of vehicles.
F.
Watercourses. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from the Township and, if required, the Pennsylvania Department of Environmental Protection.
G.
Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.
(1)
Delineation.
(a)
Wetlands boundaries shall be delineated through an on-site assessment, which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township. The study must be approved by the Board of Supervisors on the recommendation of the Township Engineer.
(2)
Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
H.
Wetlands margin. No more than 20% of such areas shall be altered, regraded, filled or built upon. In addition, any Department of Environmental Protection' regulations under Chapter 105, concerning activities in wetlands margins, shall be met.[1]
(1)
For the purposes of this chapter, the wetlands margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. The limit of hydric soils shall be as mapped in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Natural Resources Conservation Service, July 1975, unless reclassified by a certified soil scientist.
[1]
Editor's Note: See Chapter 105 of Title 25 of the Pennsylvania Code and 32 P.S. § 693.1 et seq., the Dam Safety and Encroachments Act.
I.
Lakes and ponds. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.
J.
Lake and pond shorelines. For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation. No more than 20% of such areas shall be altered, regraded, filled or built upon.
§ 500-2602 Application of natural resource protection standards.
A.
Plan information. In order to meet the natural resource protection standards of § 500-2601 of this chapter, the following information is required to be provided with an application for a subdivision or land development plan:
(1)
A site plan which illustrates all natural resources on the site and the proposed use on the site.
(2)
All encroachments and disturbances necessary to establish the proposed use on the site.
(3)
Calculations which indicate the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon.
B.
Building envelopes. The building envelope is that area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 500-2601 of this chapter. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resources protection standards and minimum setback requirements of this chapter.
(1)
Within any proposed subdivision, all residential lots shall have a contiguous building envelope of at least an area as indicated below:
Zoning District | Minimum Building Envelope (square feet) | |
|---|---|---|
RA-1 | 7,000 | |
RA-2 | 6,000 | |
RA-3 | 5,000 | |
R-1 | 3,500 | |
R-2 | 3,500 | |
R-3 | 2,800 |
C.
Deed restrictions. For subdivision and land development plans, restrictions meeting Township specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as common open space in accordance with the requirements of § 440-423D of Chapter 440, Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
§ 500-2603 Floodplain regulations.
[Amended 8-16-2000 by Ord. No. 00-09]
No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, substantially improved or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter and all other applicable codes and ordinances such as the Middletown Township Subdivision and Land Development Ordinance (Chapter 440) and the Middletown Township Building Code (Chapter 190, Article II). Zoning and building permits shall be required before any construction or development is undertaken within any area of the Township. In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
A.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and to protect the tax base by:
(1)
Regulating 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.
(2)
Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts or that land uses permitted within such districts will be free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
C.
Floodplain classification.
(1)
Establishment of floodplain. The floodplain shall include those areas subject to inundation by water of the one-hundred-year flood. The basis for this delineation shall be the Flood Insurance Study (FIS) for Middletown Township, Bucks County, Pennsylvania, prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, dated June 1979, and the accompanying Flood Boundary and Floodway Map, dated May 18, 1999, for areas designated floodway and flood-fringe or as delineated in the most recently adopted Flood Insurance Rate Map Study.
(2) MANUFACTURED HOME MANUFACTURED HOME PARK SUBSTANTIAL IMPROVEMENT
Definitions. For the purposes of this section, the following words shall have the meanings indicated herewith:
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit, capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. The 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 of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
(3)
Boundary definition.
(a)
Responsibility for boundary definition. Any applicant for a building permit, preliminary subdivision plan approval or land development plan approval on land in Middletown Township which lies within or partially within the floodplain shall be required to have the area of the floodplain on the subject land defined by a registered professional engineer or land surveyor and shall show such floodplain areas on plans submitted with his application.
(b)
Approximate one-hundred-year floodplain areas and floodplain soil areas. The applicant for a proposed use, development or activity in approximate one-hundred-year floodplain areas and floodplain soils areas shall have the opportunity to determine flood profiles and elevations, thereby identifying the floodway and flood-fringe areas, in accordance with hydrologic engineering techniques, as follows:
[1]
For all areas within 100 feet of a watercourse, including its bed and banks, the applicant shall provide sufficient documentation to demonstrate that the proposed activity, together with all other existing and anticipated development, uses and activities, will not increase the water surface elevation of the one-hundred-year flood at any point. The method of determination of increase in flood heights shall be at the discretion of the Township Engineer.
[2]
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 Township. The study must be approved by the Board of Supervisors upon the advice of the Township Engineer.
(c)
District boundary changes. The delineation of the floodplain may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, the Delaware River Basin Commission, or other qualified agency or individual document the need for such change. However, prior to such change, approval must be obtained from the Federal Insurance Administration.
D.
Use regulations.
(1)
The following uses and no others shall be permitted on land in the floodplain where such uses are permitted in the zoning district applicable to such lands:
(a)
Tilling of the soil, grazing, pasturing.
(b)
Forestry and wood production, excluding storage and mill structures.
(c)
Flower and vegetable gardening, outdoor plant nurseries.
(d)
Parks, playgrounds and golf courses, exclusive of buildings.
(e)
Outlet installations for public sewage treatment plants.
(f)
Utility easements.
(g)
Water intakes, subject to pertinent regulations of the Pennsylvania Department of Environmental Protection.
(h)
Outlet installations for private and industrial wastewater treatment plants.
(i)
Quarrying, sand pit, gravel pit.
(2)
Applications for any of the above-listed uses or any other development shall be submitted to the Township for its approval.
(3)
None of the uses or development activity listed above shall be permitted in the floodway portion of the floodplain district unless the effect of the proposed activity or development on flood heights is fully offset by accompanying stream improvements.
E.
Area and design requirements.
(1)
Lot area. For purposes of application of regulations for minimum lot area, maximum building coverage, maximum impervious surface ratio and other area and dimensional requirements of this chapter, land in the floodplain shall be excluded from lot area.
(2)
Site area. For purposes of application of regulations for minimum site area, maximum density, maximum impervious surface ratio and other area and design requirements of this chapter, land in the floodplain shall be excluded from base site area.
F.
Existing structures.
(1)
Any existing structure which is to undergo substantial improvement and which is located in the floodplain shall be designed and constructed in accordance with the W1 or W2 floodproofing classes contained in the publication "Flood-Proofing Regulations," United States Army Corps of Engineers, June 1972. Said structure shall also be firmly anchored to prevent flotation, collapse and lateral movement.
(2)
No expansion or improvement of an existing structure shall be allowed in the floodway portion of the floodplain district unless the effect of the proposed development on flood heights is fully offset by accompanying stream improvements.
G.
Development which may endanger human life. 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 which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises shall not be permitted in the floodplain:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Petroleum products (gasoline, fuel, oil, etc.) | |
Phosphorous | |
Potassium | |
Sodium | |
Sulphur and sulphur products | |
Pesticides (including insecticides, fungicides and rodenticides) | |
Radioactive substances, insofar as such substances are not otherwise regulated |
H.
Prohibited activities in the floodplain. The construction, placement, enlargement or expansion of any structure used or intended to be used for any of the following activities shall be prohibited within any identified floodplain area:
I.
General floodplain regulations.
(1)
Installation of fill materials. Fill may be placed within the limits of the floodplain, subject to the following conditions:
(a)
Fill shall consist of soil or rock materials only.
(b)
Satisfactory evidence shall be submitted indicating that the cross-sectional area of the floodplain will not be reduced.
(c)
Satisfactory evidence shall be submitted indicating that there will be no increase in the potential flood height or increase in flood velocity at, above or below the site due to the proposed fill.
(d)
Permission has been obtained for the proposed fill from the Division of Dams and Encroachments of the Pennsylvania Department of Environmental Protection pursuant to the state regulations of water obstructions and from the Township Engineer.
(2)
Obstructions. The following shall not be placed in any stream channel or floodplain:
(a)
Fences, except two-wire fences.
(b)
Other structures or other matter which may impede, retard or change the direction of the flow of water in such stream channel or floodplain, or that will catch or collect debris carried by such water, or that is placed where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of property adjacent to the stream or floodplain.
(3)
State regulations. No encroachment into or alteration or relocation of any watercourse shall take place unless a permit has been secured from the Pennsylvania Department of Environmental Protection, Bureau of Dam Safety, Obstructions and Stormwater Management, and notification of the proposed alteration, encroachment or relocation has been given to all adjacent communities, and copies of the notification(s) have been sent to the Pennsylvania Department of Community and Economic Development and the Federal Insurance Administration.
(4)
For any new structure or substantially improved structure located on a parcel, if that parcel is located in part or in whole within the floodplain, then, upon completion of construction, there shall be filed with the Township Zoning Officer a flood elevation certificate, prepared by a licensed engineer and/or licensed surveyor, and an as-built plan showing the structure on the parcel, with vertical datum and elevations.[1]
[1]
Editor's Note: Original Subsection 10 of this chapter of the 2009 Code, which immediately followed this subsection, was repealed 8-16-2000 by Ord. No. 00-09.
J.
Disposition.
(1)
Land in the floodplain classification may be:
(a)
Included in the property area of any lot or site held in or proposed for private ownership, provided the lot area of any land not in such classification shall equal or exceed the minimum lot area or site area requirements set forth by this chapter for such lot or site, unless the subject land has been reclaimed in accordance with Subsection H above.
(b)
Offered for dedication to the Township, county or other public entity or agency thereof for uses permitted by this chapter on such land.
(c)
Placed in ownership of nonprofit homeowners' or property owners' associations, condominium or cooperative corporation or other such agency as may be approved by the Supervisors under the provisions of this chapter.
(2)
Restrictions on nonpublic ownership. Covenants shall be recorded with the deeds to land in the floodplain classification to be held in other than public ownership permitting the municipality, after proper legal notice, to enter on such land to perform maintenance or rehabilitation work on any drainage or erosion control facility thereon which the owner of such land has failed to perform and to lien the property for the cost of such work.
K.
Variances. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(1)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(3)
If granted, a variance shall involve only the least modification necessary to provide relief.
(4)
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.
(6)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but shall not be limited to, the following:
(a)
That there is good and sufficient cause.
(b)
That failure to grant the variance would result in exceptional hardship to the applicant.
(c)
That the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state statute or regulation, or local ordinance or regulation.
(7)
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(8)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
§ 500-2604 Open space and recreation space requirements.
[Amended 5-29-2007 by Ord. No. 07-07]
Residential developments shall provide areas of open space and recreation space as required by this chapter and as required by § 440-424, Recreation areas and community facilities, of Chapter 440, Subdivision and Land Development, of this Code. This required open space and recreation space shall meet the following standards:
A.
Open space and recreation space shall not include land occupied by nonrecreational buildings or structures, roads or road rights-of-way, easements, parking lots for nonrecreational uses, land reserved for future parking lots for nonrecreational uses, or stormwater detention basins or retention basins, nor shall it include the yards or lots of dwelling units.
B.
The open space and recreation space shall be laid out in accordance with the best principles of site design. It is intended that the open space and recreation space shall be as close to all residences as possible, with greenways and paths leading to major recreation spaces. Major recreation areas shall be located to serve all residents. The open space and recreation space is most needed in areas of highest density. The intent is to provide open areas as close to the individual unit as possible.
C.
Active recreation land. While some of the open space and recreation space may be required for resource protection, it is intended that a portion of the open space be usable for active recreation. Therefore, at least 1/2 of the required open space or recreation space shall not be restricted by natural resources, as defined in § 500-2601. The following standards shall apply to the design of the active recreation land:
(1)
Areas set aside for active recreation shall be of adequate size and configuration to accommodate the intended use. The active recreation land shall not include narrow or irregular pieces of land which are remnants from lotting or the layout of streets and parking areas.
(2)
If the amount of required active recreation land is 25,000 square feet or less, the active recreation land shall be provided as one contiguous area. If the amount of required active recreation land is greater than 25,000 square feet, the active recreation land may be divided into several areas; however, each such area shall be at least 25,000 square feet in size and shall be contiguous.
(3)
In general, the depth of the active recreation land shall not be less than one nor more than 2.5 times its width.
(4)
The slope of the active recreation land shall not exceed 2%. Compliance with this slope requirement may be achieved through regrading, in keeping with applicable natural resource protection standards.
(5)
At least one side of the active recreation land shall abut a street for a minimum distance of 50 feet.
(6)
Active recreation land shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
D.
A method of physically delineating private lots from common open space and recreation space areas shall be provided. Such method may include shrubbery, trees, markers or other method acceptable to the Township.
E.
The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.
F.
Each developer shall provide a plan or other material as required to establish the method by which open space shall be perpetuated, maintained and administered. Such plan or other material shall meet the requirements of § 440-423, Open space in subdivisions, residential developments and mobile home parks, of Chapter 440, Subdivision and Land Development. The plan and other materials shall be construed as a contract between the landowner(s) and the municipality and shall be noted on all deeds.
G.
All impervious surfaces within open space and recreation areas shall be countable as part of the total impervious surface ratio for the development.
H.
The open space and recreation space shall be consistent with the recommendations of the Middletown Township Recreation, Parks and Open Space Plan, as amended.
§ 500-2605 Buffer yards.
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
Buffering serves to soften the outline of buildings, to screen glare and to create a visual and/or physical barrier between conflicting land uses. Where a buffer yard is required by the terms of this chapter, it shall comply with the following standards.
A.
Required buffers.
(1)
Residential uses. New residential developments which abut existing nonresidential uses or districts shall be required to provide a seventy-five-foot-wide buffer yard.
(2)
OR Open Recreation District. Any lot or parcel which abuts an OR Open Recreation District shall provide a minimum one-hundred-foot-wide buffer yard measured from the property line or the street line.
(3)
A-O Apartment-Office District. For purposes of meeting the buffer yard requirements of the chapter, vacant land zoned A-O Apartment-Office District shall be considered zoned for residential use.
B.
Existing buffer. All existing deciduous and coniferous trees larger than two inches in caliper and/or six feet in height may be considered to contribute to the definition of an existing buffer on the property. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance. Any removal shall, where feasible, involve relocation rather than clearing.
C.
Plant material. All buffer yards shall include a dense screen planting of trees, shrubs and hedges. Such screen planting shall be in accordance with the following:
(1)
Buffer yards required for the C, CS, GB and M-1 Zoning Districts shall meet one of the following planting options.
(a)
Option 1: one canopy tree per 40 feet; plus one evergreen tree per 20 feet; plus one shrub per four feet.
(b)
Option 2: one flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c)
Option 3: one flowering tree per 40 feet plus; one evergreen tree per 20 feet; plus one berm four feet high.
(2)
Buffer yards required for zoning districts or uses other than as specified in Subsection C(1) above shall meet one of the following planting options:
(a)
Option 1: one canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen tree per 60 feet.
(b)
Option 2: one canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen hedge on lot line (three-foot centers except as noted in § 500-2605F).
(c)
Option 3: one flowering tree per 40 feet; plus one evergreen tree per 25 feet.
(3)
For each planting option, any of the plant materials outlined in § 500-2605F may be utilized. Minimum plant size, given either in height or in caliper, is indicated in this section. The Middletown Township Planning Commission may permit other plant types if they are hardy to the area, are not subject to blight or disease and are of the same general character and growth habit as those listed in § 500-2605F. All plant material shall meet the standards of the American Association of Nurserymen.
(4)
The screen planting shall provide an effective barrier to noise, visibility, airborne particles and glare and shall be approved by the Middletown Township Planning Commission.
(5)
The screen planting shall be maintained permanently (and any plant material which does not live shall be replaced within one year).
(6)
The screen planting shall be so placed that at maturity it will not be closer than five feet to any street or property line.
(8)
All berms shall have slopes less than four horizontal to one vertical.
(9)
The screen planting shall be broken only at points of vehicular or pedestrian access.
(10)
Planting design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is required.
D.
General requirements.
(1)
The buffer yard may overlap the required front, side or rear yards and, in case of conflict, the larger yard requirements shall apply.
(2)
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
(3)
No structure, manufacturing or processing activity, parking or storage of materials shall be permitted in the buffer yard.
E.
Exemptions. No screen shall be required along arterial streets and railroad rights-of-way which form district boundary lines, provided that:
(1)
The front of the building faces the boundary line.
(2)
No outdoor manufacturing or processing activity (other than delivery and shipment of materials) and no outdoor storage of materials shall be so located as to be visible from the adjacent agricultural, residential or recreational uses or districts.
F.
Plant materials list.
(1)
Canopy trees two-inch caliper minimum.
Acer ginnala — Amur maple | |
Acer platanoides - Norway maple | |
Acer rubrum - Red maple | |
Acer saccharum - Sugar maple | |
Betula alba - European white birch | |
Fagus grandifolia - American beech | |
Fagus sylvatica - European beech | |
Fraxinus americana - White ash | |
Fraxinus pennsylvania lanceolata - Green ash | |
Ginkgo biloba - Ginkgo (male only) | |
Gleditsia triacanthos inermis - Thornless honey locust | |
Liquidambar styraciflua - Sweet gum | |
Liriodendron tulipifera - Tulip poplartree | |
Phellodendron amurense - Amur corktree | |
Platanus acerifolia - London planetree | |
Quercus alba - White oak | |
Quercus rubra - Red oak | |
Qercus coccinea - Scarlet oak | |
Quercus palustris - Pin oak | |
Quercus phellos - Willow oak | |
Robinia pseudoacacia (inermis) - Thornless black locust | |
Sophora japonica - Japanese pagoda tree | |
Tilia - Linden, all species hardy to the area | |
Zelkova serrata - Japanese zelkova |
(2)
Flowering trees two-inch caliper minimum.
Amerlanchier canadensis - Shadblow serviceberry | |
Cornus florida - Flowering dogwood | |
Cornus kousa - Kousa dogwood | |
Cornus mas - Cornelian-cherry dogwood | |
Crataegus phaenopyrum - Washington hawthorn | |
Koelreuteria paniculata - Golden rain tree | |
Laburnum vossi - Golden chain tree | |
Magnolia x soulangiana - Saucer magnolia | |
Magnolia virginiana - Sweetbay magnolia | |
Malus baccata - Siberian crabapple | |
Malus floribunda - Japanese flowering crabapple | |
Malus hopa - Hopa flowering crabapple | |
Oxydendrum arboreum - Sourwood | |
Pyrus calleryana bradford - Callery pear | |
Prunus serrulata - Kwanzan cherry | |
Prunus x yedoensis - Yoshino cherry |
(3)
Evergreen trees four feet high minimum.
Ilex opaca - American holly | |
Picea abies - Norway spruce | |
Picea omorika - Serbian spruce | |
Picea pungens - Colorado spruce | |
Pinus nigra - Austrian pine | |
Pinus strobus - White pine | |
Pseudotsuga menziesii - Douglas fir | |
Tsuga canadensis - Canada hemlock |
(4)
Hedge four feet high minimum.
Crataegus intricata - Thicket hawthorn | |
Forsythia x intermedia - Border forsythia | |
Rhamnus frazula columnaris - Tallhedge buckthorn | |
Syringa x chinensis - Chinese lilac | |
Syringa vulgaris - Common lilac |
(5)
Evergreen hedge four feet high minimum.
Juniperus virginiana - Upright juniper | |
Pinus strobus - White pine (one per five feet) | |
Pyracantha lalandi - Laland firethorn | |
Taxus cuspidata - Upright yew | |
Taxus hicksi - Hicks yew | |
Tsuga canadensis - Canadian hemlock (one per five feet) |
(6)
Shrubs three feet high minimum.
Juniperus virginiana-Upright juniper | |
Pyracantha lalandi - Laland firethorn | |
Taxus capitata - Upright yew | |
Taxus hicksi - Hicks yew | |
Thuja occidentalis - American arborvitae |
(7)
Shrubs four feet high minimum.
Euonymus alatus - Winged euonymus | |
Hamamelis vernalis - Vernal witchhazel | |
Hamamelis virginiana - Common witchhazel | |
Ilex verticillata - Winterberrry | |
Rhamnus frangula - Glossy buckthorn | |
Viburnum dentatum - Arrowwood viburnum | |
Viburnum lantana - Wayfaringtree viburnum |