Nockamixon Township
City Zoning Code
City Zoning Code
ARTICLE V
General Provisions Applicable to All Districts
§ 234-26 Dimensional requirements.
A.
Existing lots. A lot which is of public record as identified by the Bucks County Board of Assessment as a separate tax parcel at the time of the enactment of this chapter may be used for a permitted use in the district in which it is located, provided that the dimensional regulations of the district are met. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. The provisions of this section and the dimensional requirements (including but not limited to lot area and width requirements) in any zoning district shall not prevent the construction of a single-family dwelling on any lot which was lawful when created and which prior to the effective date of the ordinance was in separate ownership by deed duly recorded; nor prevent the construction of an addition or structure attached to any single-family dwelling lawfully existing on the effective date of this chapter, provided that:
[Amended 6-9-1992 by Ord. No. 70; 1-12-1993 by Ord. No. 74]
(1)
The percentage of lot area covered by single-family residence including any addition or attached structure proposed does not exceed 15% of the lot area.
(2)
The front and rear yards after the construction of any addition or attached structure proposed aggregate at least 60% of the total depth or meet the yard requirements of the district in which the lot is located, except that in no case shall the front or rear yard be less than 30 feet.
(3)
The side yards shall aggregate at least 40% of the total lot width or meet the yard requirements of the district in which the lot is located, except that in no case shall the side yard be less than 15 feet.
B.
Reduction of lot areas. No lot or required open space shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than those herein prescribed.
C.
Front yard requirements.
(1)
Where a minimum depth of front yard is specified, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure. Street lines are considered to be established by the future rights-of-way when so designated to avoid interference with anticipated future road widenings and improvements.
(2)
Modification of required front yard for residential uses. If the alignment of all existing residential buildings fronting on the same side of the same street in the same block and within 300 feet on either side is nearer to the street than the required front yard depth, the front yard requirements for the unimproved lot may be modified so that the front yard shall be an average of the existing and required front yard.
D.
Corner lots and through lots. A corner lot with frontage on two or more streets shall have a building setback from each street not less than the required front yard. A corner lot shall have a rear yard but such yard may be any yard not facing a public street. In cases of through lots, one yard shall be designated on the plans as the rear yard and one yard as a front yard. The front yard shall be the yard between the building and the street from which the lot takes access. No accessory buildings shall be located within the required front yard or in front of the building line on which the principal building is placed.
E.
Lane lots.
[Amended 11-9-1994 by Ord. No. 79; amended 6-10-1997 by Ord. No. 90]
(1)
A lane lot is a parcel of land which does not contain the required minimum lot width at the minimum front yard (building setback line) as measured from the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot. A lane lot consists of:
(2)
The following regulations shall apply:
(a)
Lane lots shall be permitted only in cases of single-family detached residential uses and not for multifamily residential, commercial, industrial or other uses.
(b)
Each lane lot must contain its own pole (lane) owned in fee as part of the lot and not by way of a grant of right-of-way, easement, license or similar grant.
(c)
The pole (lane) may serve only one single-family detached dwelling.
(d)
When two poles are developed adjacent to each other, the owners of the two lane lots may share a common driveway within the area of the two poles (lanes). However, the owners of the two lane lots may not share a common pole (lane).
(e)
If the proposed lane lot is not large enough to further subdivide under the zoning requirements at the time the subdivision is proposed, then the lane shall have a minimum width of 25 feet at the future right-of-way line of a public street and shall not narrow to a lesser dimension. However, if the proposed lot is large enough to further subdivide under the zoning requirements at the time the subdivision is proposed, then the minimum lane width shall be 50 feet at the future right-of-way line and shall not narrow to a lesser dimension. If the property owner agrees by plan notation and recorded document that the lot will not be further subdivided, then a lane lot of 25 feet in width shall be sufficient.
(f)
The area of the pole (lane) shall not be included in the calculation of the minimum lot area.
(g)
The front yard setback for a lane lot shall be measured a distance equal to the front yard requirements for the district in which the lot is located from the point where the lot first obtains the minimum lot width requirement.
(h)
Lane lots shall not be permitted beyond the second tier as measured from the street line of the street onto which the lane lot will take access. The first tier shall consist of all those lots having the required minimum lot width at the minimum building setback line measured from the street line of the street onto which the lane lot will take access. The first tier lots need not be on the same tract of land being subdivided. Lots whose rear lot lines have the same course and bearing shall be considered to be on the same tier.
[Amended 5-11-1999 by Ord. No. 97]
(i)
All subdivisions and land developments shall have a well-designed street system to serve interior lots. Lane lots may be permitted only when no practical design layout or alternative is possible.
(j)
Lane lots shall contain a minimum of three acres including the area pole, unless the district in which the lane lot is located requires a larger minimum lot area, in which case the district requirements shall apply.
F.
Exceptions to minimum lot size.
(1)
Larger lot sizes may be required where lots are affected by resource restrictions. The minimum lot size required per lot shall be determined by the district requirements as set forth in Article VI herein, except that lots with resource restrictions may be required to be larger than the minimum in accordance with § 234-36 of this article.
(2)
Lot sizes may need to be larger than the specified minimum lot area in order to accommodate on-lot wastewater disposal systems and to allow for adequate water supply from on-lot wells.
§ 234-27 Obstructions to vision at intersections, streets, driveways and vehicle accessways.
On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision. The requirements for a clear sight triangle, as specified in Chapter 196, Subdivision and Land Development, shall be met.
§ 234-28 Number of principal buildings per lot.
A.
In all residential districts, there shall be no more than one principal use or building per lot, except as allowed for specific uses. Accessory apartments as permitted herein shall, for the purposes of this chapter, be considered to be part of a single dwelling unit even though they may contain facilities which are used or intended to be used for living, sleeping, cooking and eating by family members.
B.
Group development is permitted in other districts as provided herein and provided the guidelines of this chapter are met.
§ 234-29 Outdoor illumination.
[Amended 6-17-2008 by Ord. No. 135]
A.
General.
(1)
All outdoor illumination for all uses shall be diffused or shielded in such a manner as not to create any hazardous glare for passing vehicular traffic or a nuisance to persons beyond its lot lines.
(2)
The following additional regulation shall apply to all outdoor lighting in Nockamixon Township, where permitted or required by this chapter or other Township ordinances, except for agricultural uses, residential uses other than multi-family, uses accessory thereto, and parking areas/lots of three spaces or less.
(3)
The glare control requirements herein contained shall apply to all lighting, including signage.
(4)
Where more stringent requirements concerning light abatement are contained in other rules, regulations, or ordinances, the more stringent regulations shall apply.
B. CANDELA CANDLEPOWER CUTOFF ANGLE (OF A LUMINAIRE) DIRECT LIGHT FIXTURE FLOOD OR SPOT LIGHT FOOT-CANDLE FULL CUTOFF FULLY SHIELDED LIGHTS GLARE(1) (2) (3) (4) (5) HEIGHT OF LUMINAIRE ILLUMINANCE ILLUMINATION INDIRECT LIGHT ISOFOOTCANDLE (ISOLUX) LAMP LIGHT LIGHT TRESPASS LUMEN LUMINAIRE LUMINAIRE CUTOFF LUMINANCE LUX OUTDOOR LIGHTING STERIDIAN, SR (UNIT OF SOLID ANGLE) UNIFORMITY RATIO
Definitions.
The SI unit of luminous intensity. One candela is one lumen per steradian (lm/sr).
Luminous intensity expressed in candelas.
The angle, measured up from the lowest point (nadir), between the vertical axis and the first line of sight at which the bare source is not visible.
Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
The assembly that house the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
A unit of light intensity on a plane (horizontal or vertical) stated in lumens per square foot and measurable with a light meter. One foot-candle is one lumen per square foot (lm/ft2). Horizontal foot-candles are measured on the horizontal plane of a lamp (bulb), and vertical foot-candles on a perpendicular line above the bulb.
Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture, and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the fixture.
Outdoor light fixtures shielded or constructed in such a manner that all light emitted by the fixture, either directly from the lamp or diffusion element or indirectly by reflection or refraction, is projected below the horizontal plane through the fixture's lowest light-emitting part as certified by a photometric test report and does not cause glare at normal viewing angles.
The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance or visibility.
BLINDING GLAREGlare that is so intense that for an appreciable length of time after it has been removed, no object can be seen.
DIRECT GLAREGlare resulting from high luminance or insufficiently shielded light sources in the field of view.
DISABILITY GLAREThe effect of stray light in the eye whereby visibility and visual performance are reduced.
DISCOMFORT GLAREGlare that produces discomfort. It does not necessarily interfere with visual performance or visibility.
REFLECTED GLAREGlare resulting from reflections of high luminance in polished or glossy surfaces in the filed of view.
The height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
The quantity of light measured in footcandles or lux.
An alternative term for illuminance. Commonly used in a qualitative or general sense to designate the act of illuminating or the state of being illuminated.
Direct light that has been reflected or has scattered off of other surfaces.
A line plotted on any appropriate set of coordinates to show all the points on a surface where the illuminance is the same. A series of such lines for various illuminance values is called an isolux (isofootcandle) diagram.
The component of a luminaire that produces light. A generic term for a man-made source of light, i.e., a light bulb.
Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 to 770 nanometers.
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is sited.
The light output of a lamp (light bulb), as specified by the manufacturer. More technically, it is the luminous flux emitted within a solid angle (one steradian) by a point source having a uniform luminous intensity of one candela. One footcandle is one lumen per square foot. For the purposes of this chapter, the lumen-output values shall be the initial output ratings of a lamp, as specified by the manufacturer of the lamp. For example, a 60 watt GE Soft White bulb emits 840 lumens, a similar 100 watt bulb, 1690 lumens.
A complete lighting unit consisting of one or more lamps together with the fixture; other parts designed to control the light distribution; and other mechanical and electrical components.
A luminaire whose candle power per 1,000 lumens does not numerically exceed 25 (2.5%) at an angle of 90 above nadir (horizontal) and 100 (10%) at a vertical angle of 80 above nadir.
A quantity of light measurable with a luminance meter (light meter). It may be expressed in candelas per square meter (cd/m2) footcandles (lm/m2), or lux.
A unit of light intensity stated in lumens per square meter. (Approximately 10.7 lux per footcandle; May be measured with a light meter.)
The nighttime illumination of an outside area or object by any man-made device that produces light by any means.
The solid angle subtended at the center of a sphere by an area on the surface of the sphere equal to the square of the sphere radius.
The highest luminance or illuminance point divided by the lowest luminance or illuminance point respectively.
C.
Criteria.
(1)
Illumination levels.
(a)
Lighting shall have luminance/illuminance values and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) contained in the IESNA Lighting Handbook and from time to time amended.
(b)
Future amendments to the recommended practices contained within IESNA shall become part of this chapter without further action of Nockamixon Township.
(c)
Intensities for typical outdoor applications are presented below: (Note: illuminance levels for lighting of public roadways/streets, and pedestrian/bicycle facilities shall be measured at a point 50 feet beyond the facility being illuminated).
Maximum Maintained Illuminance Levels Permitted at Property Lines Produced by Outdoor Area Lighting Installation | ||
|---|---|---|
For Outdoor Area Lighting Installations to Which the Requirements of This Chapter Apply: | Maximum Maintained Illuminance Level Permitted at Property Line Measured at Grade in Horizontal Footcandles | Maximum Maintained Illuminance Level Permitted at Property Line Measured at Grade in Horizontal Lux |
Outdoor area lighting installation is located on said property and property line adjoins a public roadway or public right-of-way. | 0.5 | 5.4 |
Outdoor area lighting installation is located on said property and property line adjoins a nonresidential property | 0.2 | 2.2 |
Outdoor area lighting installation is located on said property and property line adjoins a residential property. | 0.1 | 1.1 |
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the lighting application and meet the requirements of this chapter.
(b)
For horizontal tasks (roadways, sidewalks, parking areas), fixtures shall meet IESNA "full cutoff" criteria, i.e., no light output emitted above 90° at any lateral angle around the fixture. If full cutoff fixtures for lighting of public streets are not available from the servicing utility, an alternate fixture most closely meeting the standards contained herein may be accepted by the Township upon submission of technical specifications for review.
(c)
Fixtures shall be equipped with, or be capable of being modified to incorporate, light directing and/or shielding devices, such as shields, visors, skirts, or hoods to redirect offending light distribution and/or reduce direct or reflected glare.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required, on all properties shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to travel safely, and so as not to create a nuisance or disturbance by projecting or reflecting objectionable light onto a neighboring use or property.
(b)
All outdoor lighting fixtures shall be shielded in such a manner that no light be emitted above a horizontal plane passing through the lowest point of the light emitting element, i.e., no direct light is emitted above the horizontal plane. This includes outdoor lighting fixtures that illuminate the area under outdoor canopies, including fuel island canopies, storefront and shopping mall canopies, driveway and building entrance canopies, and pavilions and gazebos.
(c)
Floodlights and spotlights where permitted, shall be installed or aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a roadway.
(d)
Unless otherwise permitted by the Board of Supervisors for safety or security or all-night operations, nonresidential exterior lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing outdoor lighting fixtures between 10:00 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.
(e)
Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this chapter for the use. (Lighting shall be reduced by 75% from normally permitted levels.)
(f)
All lighting for advertising signs, buildings and/or surrounding landscapes serving decorative, advertising or esthetic purposes is prohibited between 10:00 p.m. and sunrise; except that such lighting on the premises of a commercial establishment may remain illuminated while the establishment is open for business, and until one hour after closing.
(g)
Vegetation screens shall not be employed as the primary means for controlling glare, although they are encouraged for additional protection against nuisance lighting. Rather, glare control shall be achieved primarily through the use of cutoff fixtures, shields and baffles, and appropriate application of mounting heights, wattage, aiming angle and fixture placement.
(h)
Externally lit signs and billboards shall be lighted by top mounted fixtures aimed downwards. Such fixtures shall be automatically extinguished between the hours of 10:00 p.m. and sunrise unless specifically approved by Nockamixon Township.
(i)
Directional fixtures for applications such as facade, fountain, feature, and landscape illumination shall be aimed so that they do not project output beyond the objects to be illuminated, shall be extinguished between the hours of 10:00 p.m. and dawn, and shall not be in conflict with the municipality's aim to protect its natural resources and maintain its rural character.
(j)
Service station or other similar canopy lighting shall use flat-lens full cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shall be level with or below the light source envelope. Additionally top or outside surfaces of canopies may not be illuminated except for signage in accordance with applicable regulations of this chapter.
(k)
The use of white strobe lighting for tall structures such as smokestacks, chimneys, radio/communication/television towers is prohibited except as required by the FAA.
(4)
Installation.
(a)
Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.
(b)
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of five feet outside paved area, or suitably protected by other means.
(c)
Lighting fixtures shall not be mounted more than 20 feet above finished grade.
D.
Outdoor sports and recreational lighting.
(1)
These regulations apply to all sports and recreational facilities including, but not limited to, ballfields, ballparks, stadiums, tennis courts, basketball courts, soccer fields, recreation fields, swimming pools, skating rinks, golf driving ranged, golf courses, firearm shooting facilities and the like. Where permitted, the outdoor lighting of sports and recreational facilities shall comply with the following requirements:
(2)
The requirements of this subsection apply to all outdoor lighting installations employed for nighttime area illumination of sports and recreational facilities. All sports and recreational facilities shall be illuminated with the following two systems:
(a)
Performance area lighting. This is the lighting directed upon the field, court, rink, etc., to illuminate the sports/recreational activity taking place upon/within the facility. The maximum permitted post height for the performance area lighting is 60 feet. Post height hall be limited to minimum height necessary to meet the performance area lighting needs of that specific sports/recreational use as determined by the Township.
(b)
General area lighting. This is a low level lighting system used to facilitate pedestrian circulation, patrons leaving the facility, cleanup, nighttime maintenance, etc. General area lighting shall meet all the requirements for outdoor area and roadway lighting installations listed above in Subsection C.
(3)
Use of full cutoff luminaries required. All luminaries employed in outdoor sports and recreational lighting installation shall be the full cutoff luminary type unless, the performance area lighting need of the sport/recreational use cannot be met through the use of full cutoff luminaries, as determined by the Township.
(4)
Use of glare shields required for non-cutoff luminaire types. Where non-cutoff luminaries such as floodlights must be used to meet the lighting design objectives for the performance area lighting, the luminaries shall be equipped with glare shields, visors, barn doors and other similar shielding accessories as required to meet the following criteria:
(a)
Luminaries shall be fully shielded.
(b)
To the extent practicable, the candlepower distribution from all luminaries shall be further cut off at angles below the horizontal (level) to restrict direct illumination to within the performance area being illuminated for sports and recreations purposes.
(5)
Maximum maintained illuminance levels. The maximum maintained illuminance levels permitted at the property line(s) during the nighttime, produced by the sum of all outdoor sports and recreation lighting installations on a lot, shall meet the requirement of the table at Subsection C(1).
(6)
Design submittal and approval requirements. The design for all outdoor sports and recreation lighting installations shall be submitted for review and approval by the Township. The submission shall include a visual-impact plan that demonstrates appropriate steps have been taken to prevent or mitigate glare on-site, off-site, as viewed by drivers on adjacent streets, and so as to retain the intended character of the general vicinity of the site. This submission may also require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
(7)
All outdoor sports and recreation lighting shall be extinguished between 9:00 p.m. and 7:00 a.m. on Sunday through Thursday nights and between 11:00 p.m. and 9:00 a.m. on Friday and Saturday nights and nights preceding federal holidays. In addition, the performance area lighting shall be turned off no more than 30 minutes after the end of the event or use of the sports/recreational facility.
E.
Plan submission.
(1)
Lighting plans shall be submitted to the municipality for review and approval for all proposed outdoor lighting, including but not limited to proposals that are part of a subdivision or land development plan and shall include:
(a)
A site plan, complete with all structures, parking spaces; building entrances, traffic areas (vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location and type.
(b)
Isofootcandle plots for individual fixtures installations, or ten-foot by ten-foot illuminance plots for multi-fixture installations, which demonstrate compliance with intensity and uniformity requirements as set forth in this chapter. Larger grid spacing may be used if the scale of the plan is such that a ten-foot by ten-foot grid would be unreadable.
(c)
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, and mounting methods.
(2)
When requested, applicant shall also submit a visual impact plan that demonstrates the steps that have been taken to mitigate on-site and off-site glare, and to retain the rural character of the municipality.
(3)
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
F.
Post installation inspection and compliance monitoring.
(1)
The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter, and, if appropriate, to require remedial action at no expense to the Township.
(2)
If appropriate officers or agents of the Township judge that a lighting installation creates a safety or personal security hazard, the person(s) responsible shall be notified in writing and required to take remedial action within 30 days' of notice.
(3)
When officers or agents of the Township judge that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels, or otherwise varies from this chapter, the Township may send written notification to the person(s) responsible and require appropriate remedial action within 30 days' of notice.
G.
Nonconforming lighting.
(1)
Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform to the requirements of the subsection, shall be considered as a lawful nonconformance, subject to the following:
(a)
Unless minor corrective action is deemed by the Township to be an acceptable alternative, a non-conforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:
(b)
Nonconforming lighting fixtures as noted in subsection (1)(a) above shall be made to conform with the requirements of this chapter when alterations, rehabilitations, or renovations to outdoor lighting are proposed which involve replacement of at least 50% of an existing lighting system with new lighting.
§ 234-30 Buffer yards.
[Amended 6-10-1997 by Ord. No. 90; 11-20-2012 by Ord. No. 145]
Buffer yards are required along the outboundary of subdivisions and land developments intended for nonresidential and/or nonagricultural uses which involve new construction and which directly abut a residential district or residential use. Buffer yards may also be required for residential Uses B-5, B-6, B-9, B-12 and B-13 which abut an existing residential Use B-1, B-2, B-3, B-4 or B-7. Buffer yards are not required along front yards except for industrial uses where a residential district or use exists opposite the site frontage. Dimensional and planting requirements for buffer yards shall be as established in Chapter 196, the Nockamixon Township Subdivision and Land Development Ordinance.
§ 234-31 Off-street parking requirements.
[Amended 2-13-2001 by Ord. No. 103; 12-17-2003 by Ord. No. 111; 5-18-2006 by Ord. No. 126; 5-20-2009 by Ord. No. 137]
A.
All off-street parking, loading, access facilities and service areas used by motor vehicles shall comply with the following provisions in all districts. All required parking spaces shall be provided off street.
B.
Structures and uses in existence at the date of adoption of this chapter 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 its current extent except in conformance with applicable parking requirements.
C.
Whenever there is an alteration of a use which increases the parking requirements, the total additional parking required for the alteration, change or extension shall be provided in accordance with this chapter.
D.
Parking requirements. If the calculations result in a fraction of a space, one full space shall be provided. Parking for all uses shall be provided in accordance with the following provisions and requirements contained within Article IV of this chapter for the specific use(s):
[Amended 11-20-2012 by Ord. No. 145]
Type of Use | Number of Off-Street Spaces Required |
|---|---|
A-2 Riding Academy/Boarding Stable | 1 for each 8 animals in capacity |
A-3 Noncommercial Kennel | 1 |
A-4 Agricultural Sales/Farm Stand | 1 for each 400 square feet of area devoted to retail sales |
A-5 Agricultural Support Services and Retail | 1 for each 300 square feet of area devoted to retail sales |
A-7 Nursery/Greenhouse | 1 for each 400 square feet of area devoted to retail sales |
B-1 through B-9 and B-12 Residential Uses | 2 for each dwelling unit containing 1 bedroom; 3 for each dwelling unit containing 2 or more bedrooms |
B-13 Private Camp or Cottage | 1 for every 4 persons of total capacity, plus 1 for each employee |
B-11 Guest House/Bed-and-Breakfast | 1 for each guest room, plus 1 for each employee and 2 for the owners of the property |
C-1 Place of Worship | 1 for every 3 fixed seats or, where capacity is not determined by the number of seats, 1 for each 25 square feet of floor area devoted to patron use |
C-2 School | Parking shall be provided in accordance with the requirements of the Pennsylvania Department of Education |
C-3 Commercial School | 1 for each faculty member and employee, plus 1 per 3 students |
C-4 Library or Museum | 1 per 250 square feet of gross floor area |
C-5A and B Public and Nonprofit Recreational Facility/Shooting Range | 1 per each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members |
C-6 Private Organization/Recreational Facility | 1 per each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members |
C-7 Golf Course | 50 for an 18-hole golf an additional parking requirement for club house, restaurant and other recreational uses shall be 50% of the requirements of Use C-6, C-8 and E-5 |
C-8 Community Center | 1 per each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members |
C-9 Day Care Service | 1 per employee or volunteer, plus 1 per 6 children receiving day care |
C-10 Nursing Home | 1 per every 3 patient beds |
C-11 Hospital | 1 for every 2 patient beds |
C-12 Cemetery | Parking shall be required to serve any custodial residence on the property |
C-13 Municipal Building | 1 for each 3 seats in public meeting rooms, plus 1 per employee |
D-1 Office | 1 for each 200 square feet of gross floor area |
D-2 Medical Office | 1 for each 150 square feet of gross floor area |
D-3 Veterinary Office or Clinic | 1 for each 200 square feet of gross floor area |
E-1 Retail Trade and Service | 1 for each 200 square feet of gross floor area |
E-2 Large Retail Store | 1 for each 200 square feet of gross floor area |
E-3 Financial Institution | 1 for each 200 square feet of gross floor area |
E-4 Eating Place | 1 for each 2 seats in capacity |
E-5 Eating Place, Drive-Through | 1 for each 1.5 seats in capacity |
E-6 Repair Shop | 1 for each 300 square feet of gross floor area |
E-7 Motel/Hotel | 1.2 per room. If there is an eating place within the motel/hotel, the parking requirements for Use E-4 shall be met. |
E-8 Entertainment | 1 for each 4 seats provided for patron use or at least 1 for each 50 square feet of gross floor area used or intended to be used for services to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces |
E-9 Service Station | 2 for each service bay, plus 1 for each full-time employee |
E-10 Motor Vehicle Sales | 1 for each 100 square feet of gross floor area |
E-11 Automotive Body Repair and Paint Shop | 1 for each 200 square feet of gross floor area |
E-12 Car Wash | 1 for each full-time employee |
E-13 Shopping Center | For shopping centers of less than 400,000 square feet of gross floor area, a total of 1 for each 250 square feet of gross floor area; for shopping centers of more than 400,000 square feet of gross floor area, a total of 1 for each 200 square feet of gross floor area |
E-14 Specialty Shopping Center | 1 for each 250 square feet of gross floor area |
E-15 Funeral Home | 1 for each 4 seats provided for patron use |
E-16 Recreational Campsites | 1 for each campsite, plus 1 for each employee |
E-17 Convenience Store | 1 for every 200 square feet of gross floor area, plus 1 for each employee |
E-18 Adult Entertainment | 1 for every 100 square feet of gross floor area, plus 1 for each employee |
E-19 Mini-Warehouse, Mini-Storage | 1 for every 20 rental units |
E-20 Flea Market | 1 for every 150 square feet of indoor or outdoor space devoted to retail or sales use |
E-21 Commercial Kennel | 1 for every 10 animals of total kennel capacity |
F-1 Utility Operating Facility | 2, plus 1 for each employee normally in attendance at the facility at any time |
F-2 Emergency Services | 3 for each emergency vehicle |
G-1 Manufacturing | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-2 Research | 1 for each employee on the largest shift, plus 1 space for each company vehicle normally stored on the premises |
G-3 Wholesale | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-4 Contractor Services | 1 for each employee on the largest shift, plus 1 for every 250 square feet of gross floor area used for servicing customers |
G-5 Fuel Storage and Distribution | 1 for each employee on the largest shift, plus 1 for every 250 square feet of gross floor area used for servicing customers |
G-6 Building Materials Sale | 1 for each employee on the largest shift, plus 1 for every 250 square feet of gross floor area used for servicing customers |
G-7 Truck Terminal | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-8 Food Processing | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-9 Solid Waste Facility | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-10 Junkyard | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-11 Quarry Extraction Operations | All off-street parking spaces shall be provided as the Township Board of Supervisors and Planning Commission shall determine is adequate to serve customers, employees, visitors and vehicles normally parked on the premises |
G-12 Warehouse | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-13 and G-16 Equipment Sales and Storage | 1 for each employee on the largest shift, plus 1 for each company vehicle normally stored on the premises |
G-17 Truck Sales | 1 for each 100 square feet of gross floor area |
G-18 Radioactive Materials Facility | As provided in § 234-23.R(4) |
G-19 Recovery of Subsurface Oil and Gas Deposits[1] | All off-street parking spaces shall be provided as the Nockamixon Township Board of Supervisors shall determine is adequate to serve customers, employees, visitors, and vehicles normally parked on the premises |
H-1 Home Occupation | In addition to those required for the residence, parking shall be provided in accordance with the regulations for home occupations in Article IV. |
H-8 Accessory Apartment for Family Members | 1 in addition to those required for the primary residence to which the department is accessory |
[1]
Editor's Note: Ordinance No. 137, adopted 5-20-2009, provided that: In the event that any court of competent jurisdiction declares Ord. No. 126 and/or Ord. No. 129 to be invalid or unconstitutional, and refuses to sever any of the provisions of such ordinances, § 234-31D, Off-Street Parking Requirements, of the Zoning Ordinance shall be amended to include the following use and off-street parking space requirements:
- Type of Use: Use G-19, Recovery of Subsurface Oil and Gas Deposits
- Number of Off-Street Spaces Required: Township Board of Supervisors shall determine is adequate to serve customers, employees, visitors, and vehicles normally parked on the premises
E.
Residential parking requirements. In all residential districts, a minimum of two off-street parking spaces shall be provided for each dwelling unit. Parking spaces within garages shall not be used to meet the off-street parking requirement. Parking for Uses B-5 (Townhouse Dwelling) and B-6 (Multi-family Dwelling) shall provide an additional 1/2 space per dwelling unit for overflow and visitor parking.
F.
Handicapped parking requirements. For parking areas of 10 or more cars, 4% of the parking spaces shall be designated for handicapped or physically disabled parking. Such spaces shall be conveniently located in close proximity to building entrances.
G.
Parking for mixed use developments.
(1)
The parking requirements for each individual use within a mixed use development shall be met.
(2)
Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total if it can be demonstrated to the Board of Supervisors that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. Area for spaces which are required but not built under this provision shall be reserved in accordance with Subsection H below.
H.
Reservation of nonresidential parking areas. In order to prevent the establishment of more parking spaces than are immediately needed, the Board of Supervisors may allow for a portion of the required parking area to be built at a later date, provided that the following conditions are met:
(1)
The parking lot design must designate sufficient space to meet the total parking requirement. The plan shall illustrate the layout for the total number of spaces.
(2)
A minimum of 60% of the required spaces shall be built with the completion of the project. An area adequate to accommodate the remaining 40% may be reserved as open space until needed. The reserved area shall not include any required buffers, setbacks or yard areas in which parking would not be permitted under this chapter. The percentage of parking spaces to be constructed with the completion of the project shall be determined by the Board of Supervisors.
(3)
A landscape plan for the reserved area shall be provided and approved by the Board of Supervisors.
(4)
As a condition of receiving an occupancy permit, the applicant shall establish a performance bond and an agreement shall be executed with the Township to construct the additional spaces if the Board of Supervisors determines that are needed. This agreement shall apply to any future owners of the property.
(5)
The reserved parking area cannot be used to meet the parking requirements for future expansions of the facility.
§ 234-32 Parking design standards.
A.
Size of parking spaces. Parking spaces shall be 10 feet by 20 feet. Spaces reserved for the handicapped which shall be 12 feet by 20 feet in size. The required parking area shall be measured exclusive of driveways or maneuvering areas. If the computation of required parking spaces results in a fraction, a full space shall be required for each fractional amount.
B.
Required front, rear and side yards for nonresidential uses may be utilized for the sole purpose of locating parking and accessways thereto to the extent of 25% in distance from the ultimate right-of-way or lot line, except that the parking areas may not occupy the 75% in distance closest to the ultimate right-of-way or lot line.
§ 234-33 Off-street loading and unloading requirements.
A.
Adequate off-street loading and unloading space, with proper access from a street, highway, common service driveway or alley shall be provided for all nonresidential uses. Such space shall be sufficient in size and design to accommodate the maximum demand generated by the use of the lot.
B.
All areas for the loading and unloading of delivery trucks and other vehicles and for servicing of establishments and/or shops by refuse collection, fuel or other service vehicles, shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrian ways or backing out onto a street.
C.
All areas shall be properly surfaced and adequately drained and shall be constructed in accordance with standards established by the Township.
D.
All loading berths shall be located at the side or rear of the property and shall be screened from view by fencing or landscaped buffers.
§ 234-34 Provisions and use of water.
[Amended 9-21-2023 by Ord. No. 174]
§ 234-35 Performance standards.
[Amended 1-18-2005 by Ord. No. 120]
A.
Smoke, ash, dust, fumes, vapors and gases.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws or other regulations of the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Administration. There shall be no emission of odorous gases or other odorous material in such quantities as to be detectable at a lot boundary line.
(2)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any soiling of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.
B.
Noise.
(1)
At no point on the boundary of a residential, industrial or commercial property shall sound pressure level of any operation exceed the decibel levels shown below for the district indicated. These standards do not apply to the operation of agricultural equipment or motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures or emergency alarm signals.
(2)
No noise from recordings, loudspeakers or public address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties.
C.
Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind adequate shielding in such a manner as not to create a nuisance to those working or living in the area.
D.
Radioactivity or electrical disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use shall be in strict conformity with Title 25 of the Pennsylvania Department of Environmental Protection Rules and Regulations.
E.
Outdoor storage and waste disposal.
(1)
All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to provide security for the property. Storage of flammable materials and fuels shall meet the standards of the National Fire Protection Association and, if stored below ground, the standards of the Department of Environmental Protection for underground storage tanks. All underground storage tanks shall have a permit from the state. All such facilities shall be landscaped. These standards do not apply to farm or residential tanks of 1,100 gallons or less capacity used for noncommercial purposes.
(2)
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around aboveground liquid storage facilities to preclude such transference in the event of failure of the facility.
(3)
All materials or wastes which might cause flames or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only in enclosed containers adequate to eliminate such hazards.
F.
Industrial waste and sewage. No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any reservoir, lake or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the Township, the Pennsylvania Department of Environmental Protection and/or the Bucks County Health Department.
G.
Electrical, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, shall be so constructed and installed so as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting.
H.
Soil erosion and sedimentation control. All earthmoving activities must be in compliance with the regulations of the Pennsylvania Department of Environmental Protection and the Soil Conservation District regulations and must be undertaken in accordance with a Soil Erosion and Sedimentation Control Plan submitted for the earthmoving activity which meets the standards set forth in Chapter 196, Subdivision and Land Development, and other regulatory agency requirements.
I.
Utilities. All public utility lines and similar facilities servicing any proposed development of more than five lots shall be installed underground.
J.
Individual sewage systems and community sewage systems.
(1)
Compliance. All methods of wastewater disposal and all sewage facilities shall meet the requirements of Pennsylvania Department of Environmental Protection, the Bucks County Department of Health, the official Nockamixon Township Sewage Facilities Plan, this chapter, Chapter 168 of the Nockamixon Township Code of Ordinances, and all other applicable rules and regulations, as amended.
(2)
Permit; maintenance agreement. Unless otherwise specifically provided by applicable rule or regulation, no new individual sewage system or community sewage system, whether primary or back-up/reserve, shall be installed or operated until a permit has been issued for the system by Department of Environmental Protection and the Bucks County Department of Health; and Nockamixon Township has confirmed such permits have been issued. If required by law, the owner(s) of any property shall enter into an operation and/or maintenance agreement with the applicable governing entity to secure future integrity of the system(s). The agreement shall be recorded with the office of the Bucks County Recorder of Deeds prior to commencing use of any system covered by the agreement.
(3)
Increased sewage flows. If a change in use, expansion of use, addition of use, or increase in the number of dwelling or nonresidential units would cause an increase in sewage flows to any existing or proposed sewage facility, no use permit shall be issued, and no land development and/or subdivision plan shall be approved (either preliminary or final), until the Bucks County Department of Health confirms in writing that the sewage facility, based upon the original design and any supplemental information provided by the applicant, can adequately handle the increased flows.
(4)
Back-up/reserve system.
(a)
Subject to the provisions of Subsection 4(b) below, if any proposed lot, use and/or development created by a subdivision or land development plan approved or use permit issued after the effective date of this Subsection proposes a primary individual or community on-lot sewage system, a second open unpaved land area suitable for a back-up/reserve individual or community on-lot sewage system shall also be provided. The required testing of such back-up/reserve area shall be witnessed and approved in writing by the Bucks County Department of Health; and the area shall comply with all applicable state, county and Township requirements for a primary individual community on-lot sewage system.
(b)
Back-up/reserve individual or community on-lot sewage systems are not required in the following situations:
[1]
Subdivisions or land developments that involve only lot line changes and existing structures with existing individual or community on-lot sewage systems where new construction is proposed.
[2]
Lots conducting controlled fill experiments for which a permit has been issued and construction commenced prior to the effective date of this subsection.
[3]
Any undeveloped and/or vacant lot in existence prior to the effective date of this subsection which proposes an on-lot individual or community sewage system to service a proposed residential dwelling unit.
(5)
Setbacks.
(a)
Subject to subsection (b) below, all primary individual and community on-lot sewage systems shall be located entirely within the building envelope and comply, with the yard setbacks applicable to "all other uses" in each zoning district. All components of the primary individual or community on-lot sewage system, including without limitation protection areas, soil absorption areas and spray fields, shall comply with the applicable yard setback provisions.
(6)
Designated lot areas. For lots and uses proposing a primary individual or community on-lot sewage system covered under this subsection or requiring a back-up/reserve system under this subsection, a separate 3,000 square foot or larger areas shall be identified for the location of the primary individual or community on-lot sewage system. Such area shall be within the building envelope; and shall not include natural features with a 100% protection standard and the portions of those natural features that may not be developed, intruded upon or disturbed as specified in § 234-36 of this chapter. A separate area is not required for the back-up/reserve system.
(7)
Repair of existing failing sewage facilities. Notwithstanding anything contained in this subsection to the contrary, any sewage facility proposed to repair and/or replace any existing failing sewage facility is not subject to the requirements of this subsection. Any sewage facility permissible under applicable state, county and Nockamixon Township regulations is an allowable repair and/or replacement sewage facility for the lot.
§ 234-36 Environmental protection standards.
[Amended 6-9-1992 by Ord. No. 70; 1-18-2005 by Ord. No. 120]
A.
Natural resource mapping. All applicants for subdivisions and land developments shall include maps delineating the natural resources as defined within this chapter. Applicants are encouraged to submit site capacity calculations with sketch plans, if sketch plans are submitted.
B.
Site capacity calculations.
(1)
Determination of base site area.
(a)
Determine the gross site area by actual survey: _____ acres.
(b)
Subtract the following:
[1]
Land within existing roads and their ultimate rights-of-way: _____ acres.
[2]
Land within utility transmission rights-of-way: _____ acres.
[3]
Land without development potential due to restrictive covenants or easements and land shown on previous subdivision or land development plans as reserved from development for natural resource reasons, recreation and/or open space preservation: _____ acres.
(c)
Result equals the base site area: _____ acres.
(2)
Calculate open space needed for resource protection. The following features shall be mapped and the amount of land affected by each feature shall be calculated.
(a)
Floodplains.
[Amended 2-19-2015 by Ord. No. 154]
[1]
Any areas of Nockamixon Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs), dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA), or the most-recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
[2]
For areas abutting streams and watercourses where the one-hundred-year floodplain (one-percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study, prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies, shall be used to delineate the one-hundred-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the one-hundred-year flood shall be included in the floodplain area.
(b)
Lakes and ponds.
[1]
Lakes shall be any permanent body of water, naturally occurring or man-made, covering an area of two acres or more. Ponds are permanent bodies of water, naturally occurring or man-made, covering an area of less than two acres.
[2]
These areas shall remain as open space, with 100% protection. No development, filling or diverting shall be permitted except where used for irrigation purposes; all Soil Conservation District regulations shall be followed.
(c)
Wetlands.
[1]
Wetlands are any areas determined by the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection or meeting the soils, vegetation and hydrology criteria of the U.S. Army Corps of Engineers. They are defined as those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetland soils in Bucks County are Bowmansville, Doylestown, Hatboro, Fallsington, Towhee and Towhee Stony and should be considered indicators of possible wetland areas.
[2]
Roads, dams, culverts, bridges, storm or sanitary sewer facilities, water facilities or any other public utilities may be located in wetlands only where approval is obtained from the U.S. Army Corps of Engineers, the Township and the Pennsylvania Department of Environmental Protection.
(d)
Streams and watercourses. Streams and watercourses (as defined in this chapter) shall be 100% protected and shall remain as open space.
(e)
Steep slopes. In areas where the slope is 15% or greater, the following restrictions shall apply in order to prevent harmful erosion of soil and sedimentation of streams and watercourses. Areas with restrictions due to slopes shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements.
[1]
Fifteen percent to 24%: no more than 30% of such areas shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation.
[2]
Twenty-five percent to 30%: no more than 20% of such areas shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation.
[3]
Thirty percent plus: No more than 15% of a slope greater than 30% shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation.
(f)
Woodlands.
[1]
Areas, groves or stands of trees having a diameter greater than five inches measured at four feet above the ground (diameter breast height, hereafter "dbh") covering an area of 1/4 acre or greater where there is at least one mature tree (10 inches or greater dbh) per 1,500 square feet of lot area; or groves of mature trees having a diameter 10 inches or greater dbh and consisting of more than 10 individual trees with that diameter forming a continuous canopy.
[2]
Disturbance or removal of woodlands shall be limited to the following percentages in the zoning districts indicated:
[3]
OSM: 10%.
[4]
RP and RA: 20%.
[5]
R: 30%.
[6]
All other zoning districts: 50%.
[7]
These limitations shall not apply to forestry conducted pursuant to an approved forestry management plan pursuant to § 234-17.F of this chapter.
[8]
Areas with restrictions due to woodlands shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements.
(g)
Tree protection zone.
[1]
Areas which are required to be undisturbed pursuant to § 234-36.B(2)(f) hereof shall be designated a tree protection zone.
[2]
The tree protection zone is an area radial to the trunk of a tree and shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
[3]
A tree protection zone shall be designated around the area(s) to be protected, within which no construction activity or grading shall occur.
Table of Natural Resource Calculations | ||
|---|---|---|
Natural Resource | Protection Ratio Required | |
Floodplains | 1.00 | |
Lakes or ponds | 1.00 | |
Wetlands | 1.00 | |
Streams/watercourses | 1.00 | |
Steep slopes: | ||
15 to 24% | 0.70 | |
25 to 30% | 0.80 | |
30%+ | 0.85 | |
Woodlands: | ||
OSM District | 0.90 | |
RP and RA Districts | 0.80 | |
R District | 0.70 | |
All other districts | 0.50 | |
Tree Protection Zone | 1.00 | |
Where 2 natural resources overlap, the more restrictive protection standard shall apply. | ||
(3)
Calculate the area restricted due to resource protection standards: Multiply the protection ratio required from chart above by the amount of land in each natural resource to get Resource Protection Land: _____ acres.
C.
Determine maximum number of permitted dwelling units in cluster subdivisions, townhouse developments, multifamily housing and other residential developments with required open space. For uses which have a required open space ratio, as designated in Article VI, the following calculation shall be used to determine the maximum number of permitted dwelling units:
(1)
Determine required open space: The required open space shall either be that specified for the use in question in Article VI (Open Space Ratio times the Base Site Area) or the area of the tract with resource restrictions [acres restricted due to resource protection as calculated in Subsection B(3) above], whichever is greater. The Base Site Area minus the Required Open Space is the Net Buildable Site Area.
D.
There shall be at least 10,000 square feet of contiguous buildable area without resource restrictions for any lot proposed to be created in the OSM, RP, RA or R Districts so that the lot may be developed in a manner which protects the natural resources on the property.
E.
Calculation of impervious surface. For all uses the amount of impervious surface shall be calculated by determining the total amount of impervious surface proposed and dividing it by the net buildable site area, as determined above. The impervious surface ratio shall not exceed the limit set in Article VI.
F.
Recreation requirement.
(1)
In addition to the minimum requirements for open space, all new residential subdivision and land developments shall dedicate a total of 10% of the net buildable site area to the Township for recreational purposes. This land shall be free of resource restrictions as defined herein.
(2)
The applicant may request that the Board of Supervisors grant an exemption from the dedication or reservation of recreation space. Where the Board of Supervisors in its sole discretion determines that, because of the size, shape, location, access, topography or other physical features of the land, it is impractical to include recreation land as required by this subsection, the Board of Supervisors shall require the payment of a fee in lieu of dedication for each proposed dwelling unit. Such fee shall be placed in the Township Open Space and Recreation Fund for use for open space and recreational purposes. This option cannot be used to reduce the requirement for open space where an open space ratio is established by the district requirements for the proposed use but can be used at the discretion of the Board of Supervisors to reduce or eliminate the requirement for recreation land.
§ 234-37 Design, maintenance and ownership of open space and recreation areas.
A.
Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space or recreation except as is consistent with the furthering of recreation, conservation or aesthetic purposes.
B.
Open space layout and design.
(1)
Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the Township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.
(2)
Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible.
C.
Methods of conveyance.
(1)
Dedication in fee simple to the Township. The Township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas, provided that:
(a)
It is determined by the Township Planning Commission and Board of Supervisors that the land is suitable and will serve the general public and is readily accessible to the general public;
(b)
The Township agrees to and has access to maintain the land;
(c)
The title is conveyed to the Township without cost.
(2)
Conveyance to a conservancy, corporation, association, funded community trust, condominium or other legal entity, provided that:
(a)
The terms of the conveyance shall guarantee continued use of the land for the intended purposes in perpetuity;
(b)
Proper maintenance and continued funding for maintenance must be guaranteed;
(c)
The corporation or association shall be responsible for liability insurance, taxes and recovery from loss sustained by casualty, condemnation or otherwise;
(d)
The corporation or association shall not be dissolved nor shall it dispose of the open space except to another similar organization established to own and maintain the open space and which meets with the approval of the Board of Supervisors. The corporation or association must first offer to dedicate the open space to the Township at no cost before such sale or disposition of the open space.
(3)
Conveyance of restrictive covenants, conservation easements or other legal device to the Township or to a conservancy, corporation, funded community trust or other legal entity. Open space may be part of fee simple lots with covenants or easements, provided that:
(a)
The terms of the agreement guarantee the continued use of the land for the preservation of open space;
(b)
Each owner of the open space shall be responsible for liability insurance, taxes, recovery of loss sustained by casualty, condemnation or otherwise and the general maintenance thereof.
(c)
Including open space within fee simple lots shall only be permitted at the discretion of the Board of Supervisors.
§ 234-38 Planned group development.
A.
Residential planned group development. The following regulations shall apply to residential development where planned group development of more than one building or use is permitted on a single lot, including but not limited to townhouse and multifamily development. Planned group developments shall also comply with all other applicable regulations of this chapter.
(1)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as or as part of a single architectural and landscaping theme. The buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located.
(2)
The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities.
(4)
Underground utilities. All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building.
(5)
Staged development. If the development is to be carried out in stages, each stage shall be so planned that the intent of this chapter shall be fully complied with at the completion of any stage.
B.
Nonresidential planned group development. The following regulations shall apply to nonresidential development where group development of more than one building or use is permitted on a single lot, including but not limited to groups of office or industrial buildings on a single lot. Planned group development shall also comply with all other applicable regulations of this chapter.
(1)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as or as part of a single architectural and landscaping theme. Buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located. The development shall consist of a harmonious grouping of buildings, service and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient use.
(2)
The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities.
(3)
Building arrangement. The distance between two principal buildings on a lot shall be equal to or greater than the height of the taller building, except that the buildings may be attached by an enclosed walkway.
(4)
Underground utilities. All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building.
(5)
Staged development. If the development is to be carried out in stages, each stage shall be so planned that the intent of this chapter shall be fully complied with at the completion of any stage.