New Britain Township
City Zoning Code

Buffer yards shall be required where a nonresidential zoning district (C-1, C-2, C-3, OP, IN, I, IO) adjoins a residential zoning district (CR, WS, SR-1, SR-2, RR, VR, MHP). The buffer yard shall be required for proposed development in either class (residential or nonresidential) of zoning district.

Specific uses described in this chapter require buffer yards for the use regardless of adjacent development. The requirements of this chapter are separate and distinct from the requirements of this Part. In the case of conflict, the more restrictive requirement shall apply.

Where a buffer yard exists on an adjacent property, an applicant may request by conditional use that the buffer yard requirements of this Part be waived or reduced.

Buffer yards may overlap the required front, side or rear yards. In the case of conflict, the larger yard requirement shall apply.

Buffer yards shall include a planting strip which creates a dense screen of closely planted trees or shrubs that obscures visibility, glare and noise in accordance with the spacing and composition as specified in the Township's Subdivision and Land Development Ordinance.[1]

The following minimum spacing and composition are required for planting strips:

Plant Diversity. To promote diversity and minimize the impact of disease on tree, shrub, and plant populations, the following tables shall be followed to determine the number of different genera (plural of the taxonomic rank genus) to be planted:

Plant materials shall be selected from the list found in Attachment 4 of Chapter 22, Subdivision and Land Development, of this Code, Appendix D, Required Plant Material List.

Existing Buffer. At the discretion of the Board of Supervisors, existing deciduous and coniferous trees larger than two inches in caliper and/or six feet in height located within a proposed buffer yard may be considered to meet the requirements of this section. In all cases, existing plant material of the above diameter and height shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance or access. Any removal shall, where feasible, involve relocation or replacement, rather than clearing. Plants conforming to the applicable buffer yard regulations shall be installed to fill in any gaps within existing buffer plantings.

All buffer yards shall be maintained and kept clear of all debris, rubbish, weeds, and tall grass except for meadow or other landscaping that includes native herbaceous material for a naturalized planting scheme.

No structures, including but not limited to sheds, pools, hot tubs, pergolas, gazebos, or play equipment, shall be permitted in the buffer yard. No manufacturing, processing, or storage of materials, goods, or items shall be permitted in the buffer yard. Fences are permitted in accordance with the regulations of this chapter. Stormwater management facilities are permitted within the buffer yards provided the plantings proposed meet the buffer requirements of this section.

Plant Materials.

Every buffer yard shall be permanently protected by the placement of a conservation easement over it running with the land.

Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard shall be reviewed by the Zoning Officer, to ascertain that the plans are in conformance with the terms of this chapter.

Buffers created and/or planted in conformance with Chapter 22 of this Code shall be maintained as originally designed and approved. Required buffer vegetation shall not be removed and shall be replaced by the owner of the buffer with like plants if dead, diseased, or severely damaged.