New Britain Township
City Zoning Code
City Zoning Code
PART 5
WS WATERSHED DISTRICT
§ 27-500 Statement of Purpose and Intent for the Watershed District.
[Ord. 8-14-1995, § 500; as amended by Ord. 00-12-02, 12/20/2000, § 10; and by Ord. 0304-02, 4/28/2003, § I]
a.
The Watershed District consists of valuable natural resources such as woodlands, agricultural soils, floodplains, wetlands, aquifer recharge areas and areas of steep slopes. The Watershed District also includes Lake Galena, a popular recreational area, and the source for public water supply to the Forest Park Water Treatment Plant located downstream of Lake Galena near the confluence of the North Branch Neshaminy Creek and Pine Run. For these reasons, uses are permitted in both type and intensity which provide the maximum opportunities for open space in order to protect the natural resources in the watershed, including Lake Galena. Single-family detached and watershed conservation subdivisions are permitted, provided that sewage disposal methods shall replenish the water table in accordance with the Township's Sewage Facilities Plan and sewage management ordinances. Additional design criteria will be required in order to less then impact of point and non-point discharges in the watershed. In addition, the design and layout of open space, stormwater management facilities and the buildable areas shall be designed to achieve Best Management Practices (BMPs) and be compatible with other uses in the Watershed District.
b.
Within the Watershed District, a building may be erected, altered or used and a lot or premises may be used only when in conformance with the conditions of this Part and the specific use, area and design regulations of this District.
§ 27-501 Use Regulations.
[Ord. 8-14-1995, § 501; as amended by Ord. 00-01-01, 1/24/2000, Art. III; as revised by Ord. 03-04-02, 4/28/2003, § I; and as amended by Ord. 2013-04-01, 4/8/2013, Arts. V, VI]
a.
Uses Permitted by Right.
[Amended by Ord. 2015-09-06, 9/21/2015; and by Ord. No. 2020-11-04, 11/16/2020]
A1 | General Farming | ||
A2 | Crop Farming | ||
A3 | Agricultural Retail | ||
A5 | Commercial Forestry | ||
A6 | Nursery | ||
A10 | Riding Academy/Stable | ||
A11 | Animal Hospital | ||
A12 | Wildlife Sanctuary | ||
B1 | Single-Family Detached Dwelling | ||
E1 | Public Recreational Facility | ||
E2 | Private Recreational Facility | ||
F1 | Municipal Building | ||
F4 | Place of Worship | ||
H | Residential Accessory Uses: | ||
H1 | Garage, Off-Street Parking | ||
H2 | Storage Shed | ||
H3 | Fences, Walls | ||
H4 | Noncommercial Swimming Pool | ||
H5 | Tennis Court | ||
H6 | Residential Solar Energy System | ||
H7 | Residential Wind Energy System | ||
H8 | Satellite Antennas | ||
H9 | Amateur Radio Antennas | ||
H10 | Air Conditioner | ||
H11 | Recreational or Other Vehicle Storage | ||
H12 | Garage or Yard Sale | ||
H13 | Household Pets | ||
H14 | Accessory Dwelling | ||
H16 | Short-Term Rental | ||
L | General Accessory Uses and Structures: | ||
L3 | Temporary Structure | ||
L4 | Temporary Community Event | ||
L9 | Off-Street Parking | ||
L10 | Signs | ||
b.
Uses Permitted by Special Exception.
[Amended by Ord. 2015-09-06, 9/21/2015]
A4 | Intensive Agriculture | |
A8 | Farm Support Facility | |
C4 | Group Home | |
C6 | Adult Day Care | |
D1 | Nursery School/Day-Care Center | |
E3 | Campground | |
E4 | Non-Household Swimming Pool | |
E5 | Private Club | |
E6 | Golf Course | |
E7 | Community Center | |
E8 | Library or Museum | |
F2 | Emergency Service Center | |
F3 | Recycling Collection Center | |
H15 | Home Occupation | |
J16 | Guest House |
§ 27-502 Area and Dimensional Requirements.
[Ord. 8-14-1995, § 502; as amended by Ord. 00-12-2001, 12/20/2000, §§ 10, 11, 12; by Ord. 03-04-02, 4/28/2003, § I; by Ord. 2014-09-04, 9/15/2014; by Ord. 2017-01-03, 1/23/2017; and by Ord. 2017-06-07, 6/5/2017]
a.
Unless a different maximum height regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use, no structure in the Watershed District shall exceed 35 feet in height.
b.
Unless a more-restrictive area or dimensional regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use, all B1 Single-Family Detached Dwelling uses in the Watershed District shall meet the following requirements:
[Amended by Ord. No. 2018-10-04, 10/1/2018; and by Ord. No. 2020-11-04, 11/16/2020]
1.
Dimensional Standards:
(a)
Minimum lot area: 80,000 square feet.
(b)
Minimum lot width: 175 feet.
(c)
Minimum front yard: 100 feet.
(d)
Minimum side yard: 30 feet.
(e)
Minimum rear yard: 60 feet.
(f)
Minimum building envelope: 10,000 square feet.
(i)
A developer constructing one or more single-family detached dwellings upon a site must comply with the following increased restrictions applicable to every lot within the site: The maximum lot impervious surface requirement shall be reduced by two percentage points, and the maximum building coverage requirement shall be reduced by two percentage points. These increased restrictions do not apply to the purchaser of the new dwelling who subsequently resides within this new dwelling, and the land freed from these additional restrictions may be used to construct further improvements upon the lot after the new construction has been completed and the lot has been transferred to the purchaser.
3.
When a lot or tract of land undergoes subdivision/land development or is being developed with a new or expanded principal building or structure, all the natural resource protection land on this lot or tract, such as watercourses, agricultural soils, woodlands, steep slopes, wetlands, etc., shall be protected with a conservation easement in accordance with §§ 27-505 and 27-2400 of this chapter. The natural resources required to be preserved on each lot shall only be disturbed in accordance with Part 24 of this chapter and § 27-505.
4.
Park and recreation land shall be provided in accordance with the New Britain Township Subdivision and Land Development Ordinance (Chapter 22).
5.
When an applicant is proposing a land development, the stormwater management facilities shall be designed to manage the runoff from the maximum impervious surface permitted for the entire site. Where an applicant is permanently preserving natural resources and/or other portions of the site by the placement of a permanent conservation easement, either voluntarily or in accordance with the requirements of this chapter, those areas so preserved can be removed from the calculation of the maximum impervious surface permitted for the entire site at the option of the applicant by the recording of this restriction permanently against the property.
[Amended Ord. No. 2022-11-05, 12/12/2022]
c.
Unless a more-restrictive area or dimensional regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use, all Bla Watershed Conservation Subdivision uses in the Watershed District shall meet the following requirements:
1.
Minimum tract size: 10 acres.
2.
Minimum open space ratio: 40% net buildable site area ("NBSA").
3.
4.
The calculations in § 27-504 shall be used to determine the NBSA and the maximum number of lots permitted on a site.
5.
All proposed building lots must be located on the net buildable site area (NBSA) of the site.
7.
Park and recreation land shall be provided in accordance with the New Britain Township Subdivision and Land Development Ordinance (Chapter 22).
8.
Sewage facilities are not permitted within required open space.
9.
Stormwater management and erosion control facilities are not permitted to be located within any required open space. Stormwater management facilities shall be designed for the maximum impervious surface permitted for the entire site.
d.
Unless a more-restrictive area or dimensional regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use, all Blb Watershed Conservation Subdivision/2 uses in the Watershed District shall meet the following requirements:
1.
Minimum tract size: 40 acres.
2.
Minimum open space ratio: 50% net buildable site area ("NBSA").
3.
4.
The calculations in § 27-504 shall be used to determine the NBSA and the maximum number of lots permitted on a site.
5.
All proposed building lots must be located on the net buildable site area (NBSA) of the site.
7.
Park and recreation land shall be provided in accordance with the New Britain Township Subdivision and Land Development Ordinance (Chapter 22).
8.
Sewage facilities are not permitted within required open space.
9.
Stormwater management and erosion control facilities are not permitted to be located within any required open space. Stormwater management facilities shall be designed for the maximum impervious surface permitted for the entire site.
e.
All nonresidential uses in the Watershed District shall meet the requirements of §§ 27-505 and 27-2400, in addition to the following requirements:
Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Maximum Building Coverage Ratio (%) | Maximum Impervious Surface Ratio (%) | Minimum Yards (feet) | ||
|---|---|---|---|---|---|---|---|---|
Front | Side | Rear | ||||||
Permitted uses | 5 | 250 | 250 | 10 | 15 | 100 | 50 | 75 |
f.
Accessory Uses/Structures. The following provisions shall apply for all accessory uses/structures, unless otherwise stipulated in Part 3 of this chapter or unless there are more-restrictive applicable requirements provided for elsewhere in this chapter concerning accessory uses/structures:
1.
No accessory structures shall be permitted in the required front yard setback area.
2.
All accessory structures shall be located a minimum of 15 feet to the rear and the side of the principal building on the lot.
3.
All accessory structures shall be located a minimum of 15 feet from the rear and side lot lines. Where the lot size is less than 25,000 square feet, however, the accessory structure shall be located a minimum of five feet from the rear lot line.
§ 27-503 Base Site Calculations for a B1 Subdivision in the Watershed District.
[Ord. 8-14-1995; as added by Ord. 03-04-02, 4/28/2003, § I; and as amended by Ord. 2017-01-03, 1/23/2017; and by Ord. No. 2018-10-04, 10/1/2018]
The following calculation shall be used to determine the base site area for a B1 Subdivision in the Watershed District:
a.
Base Site Area. The following calculation shall be used to determine the base site area (BSA) of a tract of land proposed to be developed with a B1 subdivision in the Watershed District. Certain portions of a site are not usable for a residential subdivision; as such, these areas shall be subtracted from the gross site area to determine the base site area.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
1. | Start with the 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 main parcel 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 located in a different zoning district than the rest of the development. | _____acres | |
BSA is equal to the difference of the above five subsections. | _____acres | ||
§ 27-504 Site Capacity Calculations for B1a or B1b Watershed Conservation Subdivision.
[Ord. 8/14/1995, as added by Ord. 03-04-02, 4/28/2003, § I]
The following calculation shall be used to determine the maximum number of dwelling units on a tract of land for a B1a or B1b Watershed Conservation Subdivision in the Watershed District.
a.
Base Site Area. Certain portions of a site are not usable for a residential subdivision; 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 located in a different zoning district than the rest of the development | _____acres | ||
Base Site Area | _____acres | |||
b.
Adjusted Base Site Area.
1. | Base Site Area | __________ acres | |
2. | Multiple by 0.85 | x 0.85 | |
3. | Equals the Adjusted Base Site Area | __________ acres |
c.
Maximum Number of Lots. The following calculation establishes the maximum number of lots that is permitted on the development site.
1. | Adjusted Base Site Area | __________ acres | |
2. | Divide 1.8 | ÷1.8 | |
3. | Equals base number of lots | __________ acres | |
4. | Times 1.2 | x1.2 | |
5. | Equal the Maximum Number of Lots (do not round up) |
d.
Natural Resource Protection Area. The following standards and calculations shall apply to any tract of land in the Watershed District on which a B1a or B1b Watershed Conservation Subdivision is proposed.
Protection Resource | 1. Resource Protection Area | 2. Acres of Land in Resource | 3. Resource Land | |
|---|---|---|---|---|
Watercourse | 1.00 | x | =_________ acres | |
Riparian Buffer | 1.00 | x | =_________ acres | |
Floodplain | 1.00 | x | =_________ acres | |
Floodplain Soils | 1.00 | x | =_________ acres | |
Wetlands | 1,00 | x | =_________ acres | |
Lakes/Ponds | 1.00 | x | =_________ acres | |
Natural Resource Protection Area (Total of Column 3) | ||||
e.
Minimum Open Space. The following calculation is used to determine the required open space for the subject tract:
1. | Base Site Area | __________ acres | |
2. | Multiply by minimum required open space ratio for B1a or B1b Use as proposed | x 0.40/0.50 | |
3. | Equals the Minimum Open Space | __________ acres |
f.
Required Open Space. The required open space is the Natural Resource Protection Land (D) or the Minimum Open Space (E), whichever is greater._____acres
g.
Net Buildable Site Area. The following calculation determines the Net Buildable Site Area — the area of the tract that is available for building lots:
1. | Base Site Area | __________ acres | |
2. | Subtract the Required Open Space | __________ acres | |
3. | Equals the Net Buildable Site Area | __________ acres |
h.
Site Capacity Summary.
1. | Base Site Area (Letter A) | __________ acres | |
2. | Adjusted Base Site Area (Letter B) | __________ acres | |
3. | Maximum Number of Lots (Letter C) | __________ acres | |
4. | Natural Resource Protection Area (Letter D) | __________ acres | |
5. | Minimum Open Space (Letter E) | __________ acres | |
6. | Required Open Space (Letter F) | __________ acres | |
7. | Net Buildable Site Area (Letter G) | __________ acres |
§ 27-505 Environmentally Sensitive Land Standards for Watershed District.
[Ord. 8-14-1995; as added by Ord. 03-04-02, 4/28/2003, § I; and as amended by Ord. 2017-01-03, 1/23/2017; and by Ord. No. 2018-10-04, 10/1/2018]
1.
Resource restrictions for environmentally sensitive land shall be considered land to be protected and preserved within the Watershed District for all uses and activities in accordance with the protection ratios noted below. All natural resource protection land, such as watercourses, agricultural soils, woodlands, steep slopes, wetlands, etc., shall be protected and preserved on each site and/or lot in accordance with § 27-2400 of this chapter through the placement of a conservation easement on the site/lot. The natural resources required to be preserved and protected shall not be disturbed, other than the cultivation of agricultural soils.
2.
In addition to the required open space for Uses Bla and B1b, environmentally sensitive land, as set forth below, shall be preserved either in the open space or on individual lots. Use B1 in the Watershed District shall also comply with the standards below, in addition to those resources with 100% protection set forth in § 27-2402 through preservation on individual lots through flexible and innovative design. In the event that two or more natural resources overlap, only the resource with the highest protection ratio shall be used in the calculations:
Natural Resource | Protection Ratio | Acres of Land in Resources | Resource Protection Land (Acres x Protection Ratio) |
|---|---|---|---|
Woodlands | 0.80 | ||
Steep slopes 8-15% | 0.60 | ||
Steep slopes 15-25% | 0.70 | ||
Steep slopes 25% or more | 0.85 | ||
Agricultural soils | 0.50 | ||
Total Land with Resource Restrictions | _____acres | ||
Total Resource Protection Land | _____acres |
§ 27-506 Watershed District Lot Plan.
[Ord. 8-14-1995; as added by Ord. 03-04-02, 4/28/2003, § I; and as amended by Ord. No. 2018-10-04, 10/1/2018]
Prior to the sale of any new lots or construction on any existing, undeveloped lot in the Watershed District, the lot owner shall delineate the natural resources and environmentally sensitive land to be preserved from development or disturbance on a site plan required by the Township's Building Code [Chapter 5] and shall provide notice of such in accordance with the Township's Residential Disclosure Ordinance [Chapter 11, Part 2].