Except for trees on wooded lots (§ 903.B.6), all residential lots of 30,000 square feet or less shall not include any deed restricted open space within the required minimum lot size area, while all residential lots of more than 30,000 square feet shall include a minimum of 30,000 square feet of land which is not deed restricted open space. It is intended that the open space be in one large contiguous parcel to the maximum extent practicable.

The provisions of this Ordinance shall not prevent the construction of a structure for a permitted use on any lot that was lawful when created and which, prior to the effective date of this Ordinance, was in separate ownership duly recorded by plan or deed; and provided that:

This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this Ordinance in any case where a reparceling or replatting could create one or more lots which would conform to the ordinance.

Parking areas shall be permitted within required yards in OR Office Research, LI Light Industrial, O-LI Office-Light Industrial Districts.

Front Yard Exceptions for Existing Alignment. If the alignment of existing buildings on either side of a lot within a distance of 100 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 governing body may accept the average of such existing alignment within that distance as the required front yard.

Projection into Yards.

Accessory Building in Yards. No accessory building shall be permitted within the area of the minimum front yard setback. Completely detached accessory buildings, other than garages, may occupy a required rear or side yard but shall not be located closer than 12 feet to the side or rear property line for all lots greater than 10,000 square feet in area. For all other lots, accessory buildings, other than garages, may be placed within six feet of the side or rear property line. Garages must meet all yard and building setback requirements of the zoning district in which they are located.

The height limitations specified in this Ordinance shall not apply to church spires, belfries, cupolas, and domes not intended for human occupancy; monuments, observation towers, transmission towers, windmills, chimneys, smokestacks, flagpoles, radio and television towers, masts, and aerials, except as herein specified. No such shall exceed 75 feet in height except where the shortest distance from the base of the object to the nearest property line shall be greater than 75 feet. In such cases the object may be equal to, but shall not exceed, that distance in height.

Midrise apartments shall not exceed 65 feet and six stories in height.

Above the height of 2 1/2 feet measured from the centerline grades of the intersecting streets;

Within the area bounded by the centerlines of intersecting public streets and a line joining points on these centerlines at the distance from the intersection of the centerline of such streets or entrances specified in the municipal subdivisions and land development ordinance;

Within the area bounded by the centerlines of a private drive intersecting a public street and a line joining points on these centerlines 75 feet from such intersection on the public street and 30 feet on the private drive.

Structures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.

Whenever there is an alteration of a use which increases the parking requirements according to this Article, the total additional parking required for the alteration, change, or extension shall be provided in accordance with the requirements of this Article.

No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

All required facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. The total extent of off-street parking facilities shall not be reduced after their provision, except upon the approval of the Local Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, or the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner that at no time constitutes a nuisance, hazard, or unreasonable impediment to traffic.

For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the municipal engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition (i.e., free from holes, clearly delineated, or properly graded) shall be considered a violation of this Ordinance.

All off-street parking lots and areas for the display, storage, sale, or movement of three or more motor vehicles shall be adequately buffered from adjacent streets and properties and landscaped in accordance with an overall plan as required in subsection 1001.F.6.

Within the VR-1, VR-4, VC-1, VC-2, TC and TC-2 Districts, a structurally sound wall or fence, or other abutment to insure safety shall be installed around each side of the parking lot wherever said lot adjoins a public street, sidewalk, or alley; and an adequate retaining wall, wherever necessary, to prevent the washing of soil to and from adjoining property, shall also be provided.

Within the VC-1, VC-2, TC, and TC-2 Districts, any use existing as of the effective day of this Ordinance which can be lawfully expanded, or any new use that cannot meet the parking requirements of this Ordinance within the lot lines of the principal use may meet the parking requirements of this zoning ordinance by either:

A parking stall is that area specifically designated by pavement markings or some other means for the temporary parking of one motor vehicle.

Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, both commercial and noncommercial.

Unless otherwise specified, parking stalls shall conform to the following minimum dimensional standards:

Parking for the handicapped or physically disabled shall be provided for as follows:

The minimum width of drives and parking aisles shall be 20 feet in the TC Town Commercial District and 25 feet in all other districts.

All dead-end parking aisles shall be designed to provide sufficient backup area for the end stalls of the parking lot.

Drives and parking aisles shall be designed so that each motor vehicle may proceed to and from a parking stall without requiring the moving of any other motor vehicle.

No area for off-street parking or for the display, storage, sale, or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway by a raised curb and barrier planting strip, wall or other effective barrier against traffic except at necessary accessways, and each parking area shall have not more than two accessways to any one public street or highway for each 500 feet of frontage.

Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. Except for flares and curb returns, no such accessway shall be more than 35 feet clear in width.

In the case of garden apartments, mid-rise apartments, and all industrial uses, the following regulations shall apply:

Driveways in single-family-detached developments shall exit only onto interior access streets, except where this can be specifically shown by the developer to be impractical and he receives the approval of the municipal engineer and the local planning commission.

Internal drives and parking aisles shall be no less than the minimum width specified in subsection 1001.B.5 and shall be designed so as to prevent blockage of vehicles entering or leaving the site.

Internal drives and parking aisles shall be paved and provided with curbs and drainage in conformance with the requirements of the municipal subdivision and land development ordinance.

Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants, or employees.

No motor vehicle repair work of any kind other than emergency service shall be permitted in parking lots.

In any case where a development abuts a state or municipal highway, all streets in the vicinity of the development shall be adequate to serve probable increases in traffic volume, and adequate deceleration lanes and similar facilities shall be provided as required by the municipality.

No off-street parking shall be permitted within the front yards, within five feet of the side and/or rear property lines in the TC Town Commercial District, and within 10 feet of the side and/or rear property lines in all other districts, except as provided in § 1000.E.1. However, driveways, parking aisles, and parking spaces may be permitted in side or rear yards in the TC Town Commercial District when these parking improvements are shared between two or more abutting uses.

Computation.

Buffer and Landscape Requirements Parking lots for all uses for which buffering is specified in Article XIII, and all off-lot parking areas shall be subject to the following requirements:

The conditional reduction of parking spaces may apply to the following:

The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirement. The plan shall also illustrate the layout for the total number of parking spaces, which must be in compliance with the impervious surface and yard requirements of this Ordinance.

The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide with the land development plan a landscaping plan for the reserved area.

If required by the governing body, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of the governing body's choosing who shall determine the advisability of providing the full parking requirement. With recommendations of the traffic engineer, the municipal engineer, and the local planning commission, the governing body shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.

Land which has been determined and designated by the governing body to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space. Section 1002 Off-street Loading Requirements In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this Section:

Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways, or

Backing out into a street.

A completely planted visual barrier or landscape screen of sufficient density, which cannot be seen through, and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening shall be provided and continually maintained between any industrial or commercial district or intensive agricultural use and adjoining residentially zoned district or residential use; in a residential district between all townhouse, twin, duplex, or apartment developments and adjoining lower density residential use; around all public utility operating facilities.

Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents, and any other structures or equipment other than radio or television antenna which extend above the roof line shall be architecturally compatible or effectively shielded from view from any private or dedicated street by an architecturally sound method which shall be approved by the governing body before construction or erection of said structures or equipment.

Screening of off-street parking areas shall be in accordance with subsection 1001.F.6. and of off-street loading areas with subsection 1002.C.

Where such screening is required, it shall be assured by a performance guarantee posted with the governing body in an amount equal to the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season following planting.

Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan prepared by a registered landscape architect.

Landscaping of off-street parking areas shall be in accordance with subsection 1001.F.6 and off-street loading areas with subsection 1002.C.

All mechanical and electrical equipment not enclosed in a structure shall be fully and completely screened from view from any point and in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the municipality.

Landscaping of outdoor advertising signs shall be in accordance with subsection 1106.M.9.

Canopy Trees (2 1/2 inch caliper).

Flowering Trees.

Evergreens (4 to 5 feet).

Hedge.

Shrubs.

It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development of the open space. The open space shall be restricted against any future building, development, or use except as is consistent with that of providing for open space for recreation, conservation, agricultural uses, and access ways and parking facilities accessory thereto. Buildings or uses for noncommercial recreation, cultural, or agricultural purposes compatible with the open space objective may be permitted only with the express approval of the governing body, following approval of the building, site and operational plans by the governing body. The governing body may, at its sole discretion, make post-development changes within development open space to improve stormwater management, increase stormwater infiltration, implement stormwater best management practices, or make other changes to reduce flooding, reduce water pollution, or comply with local, county, state and federal stormwater management requirements.

All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the municipal solicitor as to legal form and effect with recommendations from the local planning commission and the local park and recreation boards as to suitability for the proposed use of the open space and be approved by the governing body as part of the final plan approval.

Layout of open space within the Conservation Management District. A primary purpose of the open space within this district is to preserve agriculture lands for agricultural use. Therefore, the plan for open space areas shall clearly demonstrate that every effort has been made to provide a maximum amount of farmland preserved for agriculture. Pursuant to a participating municipality's Subdivision and Land Development Ordinance, a participating governing body, upon the recommendation of the local planning commission, may permit greater encroachment into areas of forests, slopes, or shorelines in order to maximize the protection of Class I, II or III agricultural soils. A plan which does not provide for the agricultural use of the majority of Class I, II or III soils shall not be deemed to meet the provisions of this Ordinance. A planted buffer may be required between the residential areas and the open space retained for agricultural purposes where appropriate. Where, on any adjacent property, permanently protected open space or land in active agricultural use is located within 50 feet of a property proposed for development with open space requirements, the open space within the proposed development shall be located at one or more locations, as approved by the governing body, near the common property line with the adjacent agricultural land or open space in order to establish a contiguous area of open space. See § 902.B.2, Calculation for Land with Resource Restrictions and Resource Protection, for the calculation of protected agricultural soils.

The governing body may require a planted buffer between existing and/or proposed residential uses or other existing uses and the open space retained for agricultural purposes. The proposed agricultural uses of the open space, the location of existing and proposed ownership of the agricultural open space, and the methods to restrict the use of open space to agricultural uses are permitted only with the expressed approval of the governing body. The governing body may attach conditions and safeguards in addition to those expressed in this Ordinance, or may deny agricultural use of open space where agricultural use of open space may result in impacts on or be incompatible with other uses of land in the Conservation Management District or other adjoining districts.

Where open space is designated on a subdivision plan or is restricted from further subdivision and/or development by a restriction in a deed and/or by a note on a subdivision plan, the open space shall not be further subdivided, regardless of an intervening zoning change.

In all zoning districts, the open space designated within a development area shall not be merely leftover or unusable land. It shall be laid out to the satisfaction of the Board of Supervisors according to sound site design principles. Except in the Conservation Management District, open space shall be accessible to a maximum number of the residents of a developed area, and shall be provided in accordance with the participating municipality's subdivision and land development ordinance. In the Conservation Management District, the requirements of § 1005.A.3 shall be met. Further, the open space designated within a development area shall be arranged so as to encompass a single land area or minimum number of areas, linked by a common means of circulation and access; and, it shall be contiguous to the developed area and not separated from it by existing roads unless safe pedestrian access can be provided. Open space areas may only be bisected by roads when approved by the Board of Supervisors.

Areas set aside for open space shall be suitable for the designated purpose and in any event shall be consistent with the plan policy for future land use in the municipality. Any such area shall contain no structure other than a structure related to the purposes of open spaces. Where structures relating to open space or recreational activity are located in the Developed Open Space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform with the provisions of Use A-1.1, 2, 3, and 4, in § 803.

Any land set aside as open space of such a size as may be capable of future subdivision under the regulations of this Ordinance must be made subject to a deed restriction or agreement in a form acceptable to the governing body and duly recorded in the Office of the Recorder of Deeds in and for Bucks County.

Dedication in fee-simple to the municipality:

Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community, trust, condominium, individual, or other legal entity:

At the option of the municipality, by conveyance of the restrictive covenants, conservation easements, or other legal device to a municipality or a conservancy, corporation, funded community trust, or other legal entity, the open space may remain totally lotted off to adjacent fee-simple lots, provided:

Conveyance of title to an individual for agricultural purposes:

No motor vehicle usage in the Undeveloped Open Space area shall be permitted except for maintenance or agricultural purposes.

No cutting of any trees or destruction or removal of vegetation, rocks, or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan shall be in accordance with all other applicable sections of this Ordinance.

No alteration of any stream, pond, or lake shall be permitted unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan shall be in accordance with other applicable sections of this Ordinance and all applicable regulations of the Pennsylvania Department of Environmental Protection.

No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the municipal governing body. Such plan should be in accordance with all other applicable sections of this Ordinance.