New Britain Township
City Zoning Code
City Zoning Code
PART 24
NATURAL RESOURCE PROTECTION STANDARDS
§ 27-2400 Natural Resources.
[Ord. 8-14-1995, § 2400; as amended by Ord. 00-12-02, 12/20/2000 §§ 23, 24, 25; and by Ord. 03-04-02, 4/28/2003, § II]
All uses and activities, including subdivisions and land developments, 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 shall apply to the area of overlap.
a.
Watercourses. The entire extent of such areas shall not be altered, regraded, filled, piped, diverted or built upon, except roads and trails may cross watercourses where design approval is obtained from the Township and, if required, the Pennsylvania Department of Environmental Protection.
[Amended by Ord. 2015-09-06, 9/21/2015]
d.
Wetlands. The entire extent of such areas shall not be altered, regraded, filled, piped, diverted or built upon. Where the property owner demonstrates to the Township's satisfaction that there is no reasonable alternative, minor road crossings, utility line crossings, streambank rehabilitation, and endwalls may be permitted, so long as state and federal permits have been obtained for such work. Wetland boundaries shall be delineated through an on-site assessment conducted by a professional soil scientist. Such person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, floodplain soils and/or hydrologic indicators. The study shall be submitted with sufficient detail to allow a thorough review by the Township prior to approval by the Board of Supervisors. The Township shall have the right to inspect the site as a part of its review of the study, and the Township reserves the right to verify the presence and/or extent of wetlands through the retention of its own professional soil scientist.
[Amended by Ord. 2015-09-06, 9/21/2015]
e.
Lakes and Ponds. The entire extent of such areas shall not be altered, regraded, filled, piped, diverted or built upon.
f.
Woodlands. In areas of woodlands, the following standards shall apply:
[Amended by Ord. 2014-09-04, 9/15/2014]
1.
No more than 20% of woodlands located upon a lot or site shall be altered, regraded, cleared, or built upon in the CR, WS, SR-1, SR-2, and RR Districts.
2.
In all other zoning districts, no more than 50% of woodlands located upon a lot or site may be altered, regraded, cleared, or built upon, provided the following requirements are met:
(a)
Where more than 20% of the woodlands are being disturbed, all disturbed woodlands exceeding this 20% limit shall be replaced on an acre-for-acre basis through the planting of replacement trees. The actual number of replacement trees shall be calculated by multiplying the acreage of disturbance exceeding 20% by 200 trees per acre. All replacement trees shall have a minimum tree caliper of 3 1/2 inches' DBH.
(b)
The planting of replacement trees shall be done in accordance with a woodlands management plan prepared by a licensed forester.
(c)
The planting of replacement trees shall occur on site, or on a property within New Britain Township designated and approved by the Board of Supervisors, unless the owner/developer offers a fee in lieu of the required replacement, such fee being approved by the Board of Supervisors, in its sole discretion.
g.
Steep Slopes. In areas of steep slopes, the following standards shall apply:
1.
Eight percent to 15% grade. No more than 40% of such areas shall be altered, regraded, cleared or built upon.
2.
Fifteen percent to 25% grade. 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.
h.
Wetlands Margin. No impervious surface area shall be located within 25 feet of a wetland boundary, and no more than 20% of such areas shall be disturbed. Any Department of Environmental Protection regulations concerning activities in wetlands margins shall also be met.
i.
Riparian Buffer. The riparian buffer shall include only the portion of land sloping towards the surface water bodies being protected and shall extend no more than 75 feet from each side of the watercourse, lake or pond, at bankfull flow edge, or shall extend the extent of the 100-year floodplain, whichever is greater. No land disturbance shall be permitted within any riparian buffer except as permitted below. The buffer area will consist of two distinct protection zones.
[Amended Ord. No. 2022-11-05, 12/12/2022]
1.
Zone 1. This buffer area will begin at the edge of the lake, pond or watercourse and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow or level. Open space uses that are primarily passive in nature may be permitted in Zone 1, including:
(a)
Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parklands and reforestation.
(b)
Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.
(c)
Regulated activities permitted by the commonwealth and Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails for non-motorized use only, roads, sewer or water lines, and utility transmission lines) provided that any disturbance is offset by riparian corridor improvements as approved by the Township and all regulated activities designed to have the least impact on native plant species and other sensitive environmental features.
(d)
Vegetation management in accordance with an approved landscape or open space management plan.
(e)
Runoff to be buffered or filtered by Zone 1 will be limited to sheet flow or subsurface flow only. Concentrated flows must be converted to sheet flow or subsurface flows prior to entering Zone 1 for proposed stormwater management facilities.
(f)
The riparian buffer easement shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site. Invasive species shall be removed, whenever practicable.
2.
Zone 2. This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. However, where the width of the 100-year floodplain extends greater than 75 feet from the edge of water at bankfull flow or level, Zone 1 shall remain a minimum of 25 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain. Uses permitted in this buffer area include open space uses that are primarily passive in nature, including:
(a)
Open space uses such as wildlife sanctuaries, nature preserves, forest preserves and passive areas for public or private parklands, recreational trails for non-motorized use only and reforestation.
(b)
Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks Conservation District.
(c)
Regulated activities permitted by the commonwealth and Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails for non-motorized use only, roads, sewer or water lines and utility transmission lines) provided that any disturbance is offset by riparian corridor improvements as approved by the Township and all regulated activities designed to have the least impact on native plant species and other sensitive environmental features.
(d)
Recreational activities or uses not involving impervious surfaces such as playing fields or golf courses.
(e)
The riparian buffer easement shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site. Invasive species shall be removed, whenever practicable.
3.
Prohibited Uses. Any use or activity not authorized in Subsection i.1 or i.2 above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:
(a)
Clear cutting of trees and other vegetation.
(b)
Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection i.1 or i.2 above, or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the riparian corridor.
(c)
Storage of any hazardous or noxious materials.
(d)
Roads, access drives or driveways, except as permitted by the Pennsylvania Department of Environmental Protection and Township.
(e)
Parking lots.
(f)
Subsurface and elevated sewage disposal areas and other wastewater disposal systems.
4.
Revegetation of Riparian Area. In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing streamside vegetation. Native vegetation approved by the Township must be used in replanting. Three layers of vegetation are required when replanting the riparian corridor. These layers include herbaceous plants that serve as ground cover, understory shrubs and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional, who has specific experience in the delineation of riparian buffer areas, and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission.
(a)
Ground Cover. Ground cover consisting of a native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native material, exclusive of noxious weeds, as defined by the Pennsylvania State Department of Agriculture. This twenty-five-foot wide planted area shall be designated on the plan as a "no mow zone" and shall be left as natural cover, except in accordance with the maintenance instructions stated on the plan.
(b)
Trees and Shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within Zone one of the riparian buffer as indicated in Subsection i.4.(a) above. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.
(c)
Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer or the farmland tract areas if farming operations are to be continued and the required state nutrient management plan is met.
§ 27-2401 Application of Natural Resource Protection Standards.
[Ord. 8-14-1995, § 2401; as amended by Ord. 00-12-02, 12/20/2000, § 26; and by Ord. 03-04-02, 4/28/2003, § II]
a.
Plan Information. To meet the natural resource protection standards of this Part, the following information is required to be provided with an application for a subdivision or land development plan and/or a zoning permit:
1.
A site plan which illustrates all natural resources and the proposed use for 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 Envelope. The building envelope shall not include the area of any required setbacks, buffer yards and natural resource protected land specified in this chapter. The purpose of identifying a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting natural resources protection standards and minimum setback requirements of this Part. Within any proposed subdivision or land development, all lots shall have a contiguous building envelope of at least an area as indicated below, unless a larger building envelope is specified in another section of this Part.
Zoning District | Use B1 | Use B2 | Other Permitted Uses | |
|---|---|---|---|---|
WS* | 10,000 square feet | — | 30,000 square feet | |
SR-1 | 10,000 square feet | 5,000 square feet | 20,000 square feet | |
SR-2 | 10,000 square feet | 5,000 square feet | 20,000 square feet | |
RR | 5,000 square feet | 3,000 square feet | 10,000 square feet | |
RR (PRD) | 3,000 square feet | 3,000 square feet | 10,000 square feet | |
VR | 3,000 square feet | 3,000 square feet | 10,000 square feet |
NOTES: | |||||
|---|---|---|---|---|---|
* | Use B1a shall be 8,000 square feet and Use B1b shall be 6,500 square feet | ||||
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 Part. Natural resource protection areas may be held as common open space in accordance with the requirements of this chapter and Subdivision and Land Development Ordinances [Chapter 22], or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deed that the maintenance responsibility lies with the individual property owner.
§ 27-2402 Site Capacity Calculations.
[Ord. 8-14-1995, § 2402; as amended by Ord. 03-04-02, 4/28/2003, § II; and by Ord. 2015-09-06, 9/21/2015]
Unless specified in § 27-305 or Part 5 for the proposed use, the following site capacity calculations shall be provided on the record plan for all subdivision and land development applications. Through these calculations, the net buildable site area, maximum number of lots or dwelling units, and required open space will be determined for the specific site.
a.
Gross Site Area. Determine the gross site area by an on-site boundary survey.
b.
Base Site Area. Certain portions of a site are not usable for development and, as such, these areas shall be subtracted from the gross site area to determine the base site area.
[Amended by Ord. 2017-01-03, 1/23/2017]
1. | Gross site area as determined by an on-site boundary survey | _____acres | ||
2. | Subtract land within the ultimate right-of-way of existing roads; within existing utility rights-of-way or easements; and/or which has been preserved through easement or other means | _____acres | ||
3. | Subtract land which is not contiguous, i.e.: | |||
(a) | A separate parcel which does not abut or adjoin, nor share common boundaries with, the rest of the development; and/or | _____acres | ||
(b) | Land which is cut off from the rest of the development by a road, railroad, existing land use, and/or major stream, so as to serve as a major barrier to common use and/or so that it is isolated and unavailable for building purposes | _____acres | ||
4. | Subtract land which, in a previously approved subdivision, was set aside, reserved, and/or restricted for open space, natural resource protection, and/or recreation purposes | _____acres | ||
5. | Subtract land used for another use (i.e., land which is used, or to be used, for commercial or industrial uses in a residential development or vise versa) or located in a different zoning district than the rest of the development | _____acres | ||
Base Site Area | _____acres | |||
c.
Land With Resource Restrictions and Resource Protection Land. Calculate the land with resource restrictions and the resource protection land through the use of the following chart. In the event that two or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.
[Amended by Ord. No. 2018-10-04, 10/1/2018]
Natural Resources | Protection Ratio | Acres of Land in Resources | Resource Protection Land (acres x protection ratio) | Acres of Land to be Disturbed |
|---|---|---|---|---|
Watercourses | 1.00 | |||
Riparian Buffer | 1.00 | |||
Floodplain | 1.00 | |||
Floodplain (Alluvial) Soils | 1.00 | |||
Wetlands | 1.00 | |||
Lakes or Ponds | 1.00 | |||
Wetlands Margins | 0.80 | |||
Woodlands | 0.80 | |||
Steep Slopes 8-15% | 0.60 | |||
Steep Slopes 15-25% | 0.70 | |||
Steep Slopes 25% or more | 0.85 | |||
Total Land With Resource Restrictions | _____ acres | |||
Total Land With 1.00 Protection Ratio Resource Restrictions | _____ acres | |||
Total Resource Protection Land Required | _____ acres | |||
Total Resource Protection Land Provided | _____ acres | |||
Total Disturbed Resources | _____ acres |
d.
Minimum Open Space. Calculate the minimum open space using the following:
Base Site Area | _____acres | |
Multiply by Minimum Open Space Ratio | x _____ acres | |
Standard Minimum Open Space = | _____ acres |
e.
Determine Required Open Space. The required open space is the total of the resource protection land with a 1.00 protection ratio or the minimum open space, whichever is greater.
_____ acres |
f.
Net Buildable Site Area. Calculate the net buildable site area using the following:
Base Site Area | _____ acres | |
Subtract Required Open Space | - _____ acres | |
Net Buildable Site Area = | _____ acres |
g.
Number of Dwelling Unit/Lots. Calculate the maximum number of dwelling units using the following:
Net Buildable Site Area | _____ acres | |
Multiply by Maximum Density | x _____ | |
Number of Dwelling Units Permitted = | _____ units/lots |
h.
Impervious Surfaces. Calculate the maximum area of impervious surfaces using the following:
[Amended by Ord. No. 2020-11-04, 11/16/2020]
Ratio Base Site Area | _____acres | |
Multiply by Maximum Impervious Surface Ratio | X | _____ |
Maximum Permitted Impervious Surface | = | _____acres |
§ 27-2403 No Guarantee of Lot Yield or Development.
[Ord. 8-14-1995, as amended by Ord. 03-04-02, 4/28/2003, § II]
This chapter contains standards for lot size, building coverage and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other ordinance requirements will all have an effect on the actual development potential.