Plumstead Township City Zoning Code
PART 24
NATURAL RESOURCE PROTECTION STANDARDS, OPEN SPACE AND BUFFERS
§ 27-2401 Natural Resource Protection.
[Ord. 01-09-18-1, 9/18/2001, § 2400; as amended by Ord. 2003-08, 7/1/2003, Art. V; and by Ord. 2005-05, 6/21/2005]
1.
All subdivisions, land developments, uses and other activities involving use of land established after the effective date of this chapter shall comply with the following standards. Site alterations, grading, placement of fill, or clearing of vegetation prior to the submission and approval of applications for zoning or building permits or the submission and approval of plans for subdivision or land development shall be a violation of this chapter.
2.
Special setbacks of § 27-2309 of this chapter apply to floodplains, wetlands, wetland margins, streams, watercourses, waters of the commonwealth, waters of the U.S., and riparian areas.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
3.
Cutting of trees and/or grading which is initiated two years or less before the submission of plans for subdivision, land development, or building permits is presumed to be in anticipation of development. If an application for building, subdivision or land development is submitted for the property within two years of the date the cutting and/or grading was completed, the requirements for resource protection, as set forth in this chapter and in Chapter 22, Subdivision and Land Development, of the Township Code, shall be applied to the property as it was prior to the removal of trees or grading. If tree removal or grading has exceeded the limits set forth in Township ordinances, the applicant shall be required to replace trees removed during the tree removal process so that there shall be a minimum of 400 caliper-inches of trees per acre after replanting.
4.
Total area of each resource requiring protection in accordance with this section, as contained within the base site area, must be tabulated, for the purposes of verifying compliance with minimum preservation standards for each resource. In the event that two or more resources overlap, the area of overlap must be preserved based on the resource with the greatest protection standard (least amount of alteration, regrading, clearing, or building) found within the area of overlap.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
5.
Floodplain.
[Amended byOrd. 2015-02, 1/27/2015]
A.
The floodplain includes any areas of Plumstead 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.
B.
For areas abutting streams and watercourses where the 100-year floodplain (1% 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 100-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the 100-year flood shall be included in the floodplain area.
C.
The floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross the floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within the Chapter 8, Floodplains, of the Plumstead Township Code.
6.
Streams, Watercourses, Lakes, Ponds, Waters of the Commonwealth, and Waters of the U.S. Such areas shall not be altered, graded, developed, filled, piped, diverted or built upon, except that roads and utilities may cross streams, watercourses, lakes, ponds, waters of the commonwealth, and waters of the U.S. where approved by the Township and by all state and federal regulatory agencies with jurisdiction, but only where no other access to the site is available.
7.
Wetlands. The following standards shall apply to wetlands.
A.
Delineation of Wetlands. If any of the following conditions exist, an on-site investigation shall be conducted to determine whether wetlands are present on a site: National Wetlands Inventory Maps show wetlands on the site; the site contains hydric soils; the site contains wetlands vegetation; the topography or geography of the site is indicative of wetlands; or the Township has received information indicating the possible presence of wetlands upon the site.
(1)
An applicant shall use one of the following methods to delineate wetlands.
(a)
Wetlands boundaries shall be delineated through an on-site assessment that shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such persons shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils or other hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township's professional soil scientist/wetlands consultant at the applicant's expense.
[Amended by Ord. 2012-04, 9/11/2012]
(b)
A wetlands delineation validated by the U.S. Army Corps of Engineers based on a field survey.
(2)
When delineating wetlands upon a site, the applicant must use on-site soil testing methods to determine the extent of hydric soils.
(3)
Where the applicant's delineation conflicts with other information the Township has regarding wetlands upon the site, the Board of Supervisors may hire a professional soil scientist/wetlands consultant to perform an independent delineation of the wetlands upon the site, at the applicant's expense.
(4)
In the event of a difference of opinion between the Township and the applicant on the delineation of wetlands, the most restrictive criteria causing the greatest protection of land shall be used.
B.
Wetland Margins. For wetlands of 5,000 square feet or larger located upon the site, a wetland margin shall be provided. The wetland margin shall extend from the wetland to the limit of hydric soils or 75 feet, whichever is greater.
C.
Wetlands and Wetland Margins Shall Remain as Undisturbed and Permanently Protected. Wetlands and wetland margins shall not be altered, graded, filled, piped, diverted, or built upon, except for road or utility crossings where approved by the Township, where state and federal permits have been obtained, where the design represents the least possible disturbance, and where no other access is available.
8.
Steep Slopes. In contiguous areas of steep slopes exceeding 3,000 square feet, the following standards shall apply:
9.
Forests. Naturally occurring vegetation characterized by trees whose crowns meet to form a 70% to 100% closed canopy shall constitute a forest. A forest must be at least 1/2 acre in area and contain trees at least 20 feet tall or 12 inches diameter at breast height, although all trees need not be this size. In addition to trees, a forest includes all natural layers of vegetation beneath the canopy; all the diversity of organisms that inhabit it, both plant and animal; and the soil layers that develop beneath it. Forest areas smaller than 1/2 acre on a parcel shall also be considered to be a "forest," if the forest is part of a larger contiguous forest area that extends onto other parcels.
A.
No more than 20% of forested areas shall be altered, graded, cleared or built upon in the RP, RO, R-1, R-2, R-3, R-4, VR or MHP Districts. In the C-1, C-2, C-3, R-5, VC, LI, or Q Districts, no more than 40% of forested acres shall be altered, graded, cleared or built upon. The preserved forest area shall remain in its natural condition with the natural ground cover left undisturbed. No portion of any preserved forest area shall be utilized to meet minimum lot area requirements for any lot less than one acre or be included within the buildable portion of any lot. On lots of one acre or larger, there shall be a minimum of one contiguous acre not containing any preserved forest area.
B.
Mature Trees Standing Alone. Trees that are located outside of the forest area having a diameter of 24 inches or greater shall be located and shown on a plan and shall be limited to removal at the percentage indicated in Subsection 9A, above.
C.
All forests and mature trees located within the area of the future right-of-way shall be retained except where it is necessary to clear for sight distance, driveways, new streets, removal of non-native invasive species, or where the Township or PennDOT requires road widening that necessitates tree or forest removal.
10.
Riparian Buffer Zone. A riparian buffer shall be preserved along all intermittent and perennial streams, rivers, creeks, brooks, or swales identified on the USGS Maps (U.S. Geodetic Survey); Natural Resources Conservation Service Maps; delineated as waters of the commonwealth; and/or identified on the Official Map prepared by Plumstead Township. The riparian buffer shall be the transitional area extending 95 feet outward from the top-of-bank of the watercourse. Riparian buffers shall remain undisturbed and permanently protected. Riparian buffer areas shall not be altered, graded, filled, piped, diverted, or built upon except for roads, pedestrian paths and utility crossings where approved by the Township, the design represents the least possible disturbance, and no other alternative access is available.
11.
No property existing as of the date of this amendment may be subdivided into smaller parcels in order to avoid the natural resource restrictions and/or open space requirements of this section and this chapter.
§ 27-2402 Application of Natural Resource Protection Standards.
[Ord. 01-09-18-1, 9/18/2001, § 2401]
In order to meet the natural resource protection standards of § 27-2401, all applicants shall provide the following information with application for a zoning permit or building permit. Where subdivision and land development approval is requested, the applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter.
A.
For all uses on lots established by subdivision application filed after the effective date of this chapter, the following information shall be provided.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
(1)
Unless a larger building envelope is specified in another section of this chapter, all lots shall have a contiguous building envelope of at least an area as indicated below within the building setback lines of the lot. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.
Minimum Building Envelope Required | |
|---|---|
District | Uses B1, B2, B3 and B8 |
RP | 20,000 |
RO | 10,000 |
R-1 | 7,500 |
R-2 | 5,000 |
R-3 | 2,000 |
R-4 | 2,000 |
R-5 | 2,000 |
VR and VC | 2,000 |
(2)
For uses with on-lot waste water disposal systems, a 3,000 square foot or larger area, in addition to the minimum building envelope specified in Subsection A(1) above, shall be identified for the location of the sewage system. This additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 27-2401.
(3)
Applicants for zoning permits and/or subdivision and land development approval shall submit the following information:
(a)
A site plan which illustrates all natural resources on the site and the proposed use on the site.
(b)
All encroachments and disturbances necessary to establish the proposed use on the site.
(c)
Calculations which indicate the area of the site with natural resources; the area of natural resources that would be disturbed or encroached upon; and the area of the site included in the building envelope.
B.
The following site capacity calculations shall be submitted with applications for any use that has an open space requirement. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces, and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space specified in § 27-304, Use Regulations, or in the district requirements of Parts 4 through 18, or the calculated resource protection area, whichever is the greater amount.
(1)
Base Site Area. Calculate the base site area. From the total site area, subtract existing streets rights-of-way; existing utility rights-of-way or easements; land that is not contiguous or is separated from the parcel by a road; or land shown on previous subdivision or land development plans as reserved for open space, natural resource protection, recreation, open space preservation, or other purposes; land used for purposes other than the intended primary use on the site; and land in a different zoning district from the primary use zoning district.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
Total site area | _____ acres | |
- | _____ acres | |
Base site area | = | _____ acres |
(2)
Land With Resource Restrictions and Resource Protection Areas. Calculate the land with resource restrictions and the resource protection area. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations.
Resource | Protection Ratio | Acres of Land in Resource | Acres of Resource Protection Area (Acres x Protection Ratio) | |
|---|---|---|---|---|
100-year floodplain | 1.00 | x | ||
Floodplain soils | 1.00 | x | ||
Streams, watercourses, waters of commonwealth, waters of the U.S., and riparian buffer areas | 1.00 | x | ||
Lakes or ponds | 1.00 | x | ||
Wetlands/wetland margins | 1.00 | x | ||
Steep slope (more than 25%) | .85 | x | ||
Steep slope (15 to 25%) | .70 | x | ||
Forest (RP, RO, R-1, R-2, R-3, R-4, VR, and MHP) | .80 | x | ||
Forest (C-1, C-2, C-3, R-5, VC, LI, and Q) | 60 | x | ||
TOTAL RESOURCE PROTECTION AREA= ________________________ | ||||
(3)
Minimum Open Space. Calculate the minimum open space for the use by multiplying the base site area by the minimum open space ratio.
Base site area | _____ acres | |
Minimum open space ration | x | _____ |
Minimum open space | = | _____ acres |
(4)
Determine Required Protected Land for Open Space or Resource Protection. The required protected land is the resource protection area or the minimum open space, whichever is greater.
(5)
Net Buildable Site Area. Calculate the net buildable site area by subtracting the required protected land from the base site area.
Base site area | _____ acres | |
Required Protected land | - | _____ acres |
Net Buildable Site Area | = | _____ acres |
(6)
Number of Dwelling Units/Lots. Calculate the maximum number of dwelling units by multiplying the base site area (or, in the case of Use B16 only, gross site area) by the maximum density.
[Amended by Ord. 2010-09, 11/3/2010, Art. IX]
Base site area | _____ acres | |
Maximum density | x | _____ |
Number of dwelling units | = | _____ |
(7)
Impervious Surfaces. Calculate the maximum area of impervious surfaces by multiplying the base site area (or, in the case of Use B16 only, gross site area) by the maximum impervious surface ratio.
Base site area | _____ acres | |
Maximum impervious surface ratio | x | _____ |
Impervious surface | = | _____ |
§ 27-2403 Delaware River Management Area Overlay District and Protection Standards.
[Ord. 01-09-18-1, 9/18/2001; as amended by Ord. 2005-05, 6/21/2005]
1.
Overlay District. In order to support the goals and policies of the Lower Delaware River Management Plan, prepared by the Delaware River Wild and Scenic River Task Force and the National Park Service, an overlay district is hereby created which shall extend along the Delaware River, Tohickon Creek, and tributary watercourses. The Overlay District shall not extend into the VC Village Center Zoning District or the Q Quarry Zoning District located within the Delaware River Management Area. The boundary of the Overlay District shall be defined as the area at an elevation of 400 feet, as shown on the Lumberville, Pennsylvania, USGS Quadrant Map, and all lower elevations extending in a direction toward the Delaware River and its tributary waterways. A copy of the map of the Delaware River Management Area is attached to this chapter and made a part hereof as Appendix C.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
2.
Regulations Applicable. Within the River Overlay District, Use E1, Utilities, shall not exceed a height of 35 feet. There shall be no towers, switching stations pumping stations, public water facilities, or sewage treatment plants permitted.
§ 27-2404 Open Space.
[Ord. 01-09-18-1, 9/18/2001, § 2403; as amended by Ord. 2005-05, 6/21/2005]
1.
General Requirements.
A.
Land preservation subdivisions, mobile home parks, and any other use that is required to contain open space under the terms of this chapter shall meet the open space requirements of this chapter. The plan shall contain materials to establish the method by which open space shall be protected, maintained, used, and owned. The plan and other materials shall be construed as a contract between the land owner(s) and the Township and shall be noted on all deeds.
B.
Where open space is designated on a subdivision plan or is restricted from further subdivision 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 or developed, regardless of an intervening zoning or other ordinance change. The plans shall contain the following statement: "open space which is designated on this subdivision plan or is restricted from further subdivision and development by a restriction in a deed and/or by a note on a subdivision plan shall not be developed or further subdivided, regardless of an intervening zoning change."
2.
Layout of Open Space in the RO Districts. The open space requirements for the RO District shall be met where open space is proposed. The resulting open space shall be used to the greatest extent possible for the preservation of farmland. Open space for agricultural use shall be land that has been in cultivation and where prime agricultural soils are located. Where open space is required, it shall be contiguous to existing farmed lands.
3.
Open Space Purposes and Uses.
A.
All plans shall designate the use of open space, the type of maintenance to be provided, and a planting plan. Open space is land that will be used for any of the following purposes and no other:
(1)
To conserve natural or scenic resources, including but not limited to streams, wetlands, floodplains, forests. Areas designated as open space to preserve natural resources as required by this chapter shall remain undisturbed and in a natural state.
(2)
To preserve agricultural land.
(3)
To augment recreation or public open space opportunities, an area designated for open field play or fields for active recreation may be designated where the land does not contain natural resource restrictions and is not designated as farmland; where such use is recommended by the Township Park and Recreation Board and approved by the Board of Supervisors; and where the size, shape, topography, and soils make it suitable and usable for recreational use. Lands established as a common green that shall be accessible to the public and central to the proposed development can also be designated for open field play or fields for active recreation. Open space to be used for recreational purposes shall be in addition to any recreational requirement imposed by Chapter 22, Subdivision and Land Development, of the Township Code, as mandatory dedication of recreation land.
(4)
To preserve sites of historic, geologic, or botanic interest.
(5)
To enhance the value of existing parks, forests, wildlife preserves, nature preserves, or other public open spaces by preserving land abutting such existing parks or open space serving these purposes listed in this subsection.
B.
Minimum width bufferyards do not count as open space. However, required open space may be used to meet the requirements for buffers where the open space has a minimum contiguous area of four acres and a minimum dimension of 200 feet.
C.
Required open space shall not include any area which is required by this chapter for minimum yards or setbacks or building separations or areas on which buildings are located.
D.
Stormwater facilities or basins (retention or detention) may be located in open space, but the land area of the stormwater facility and/or basin, as defined by the extent of the stormwater or drainage easement, may not be used to meet the minimum open space requirements for the use or district.
E.
Open space whose purpose or resulting effect is to enhance the private yards of individual lots shall not be considered to meet this chapter's requirements for open space and shall not be counted in the calculation of minimum required open space. Narrow or irregular pieces of land that serve no public open space function or are remnants left over after the lots, streets, and parking areas have been laid out shall not be considered to meet this chapter's requirements for open space and shall not be counted in the calculation of minimum required open space.
4.
Ownership of Open Space. Any of the following methods may be used to preserve, own, or maintain open space: condominium, homeowners' association, dedication in fee simple to the Township or to a county or state government, dedication of easements to a municipal government or conservation organization, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods:
A.
Open space may be offered for dedication to Plumstead Township as a fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the offered open space, provided:
(1)
All areas of the accepted open space are freely accessible to the public;
(2)
There is no cost of acquisition to the Township of the accepted open space;
(3)
The Township has access to maintain the accepted open space;
(4)
The accepted open space shall be in an acceptable condition to the Township at the time of transfer with regard to size, shape, location, condition, and improvement; and
(5)
The accepted open space is separated from residential parcels by fencing approved by the Township.
B.
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act.[1] All open space land shall be held as common element. Such land shall not be eligible for sale to another party except for transfer to another owner permitted under this section, and then only where there is no change in the open space ratio or the open space designated on the record plans for the development.
[1]
Editor's Note: See 68 Pa.C.S.A. § 31010 et seq.
C.
Homeowners' Association. The open space may be held in common ownership by a homeowners' association. Such land shall not be eligible for sale to another party except for transfer to another owner permitted under this section, and then only where there is no change in the open space ratio or the open space designated on the record plans for the development.
D.
Dedication of Easements. The Township or County may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The Township may accept such open space easements where the designation of open space easements serves the public purpose of preserving open space, scenic areas, historic resources, farmland, or natural resources and where all deed and easement documents insure the permanent preservation of open space and natural resources. The Township may require this method where it seems it is the most appropriate way of preserving land in open space.
E.
Transfer to a Private Conservation Organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements, to a private, nonprofit organization, among whose purposes it is to conserve open space land and/or natural resources, provided that:
(1)
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provision for transfer to the Township in the event that the organization becomes unwilling or unable to continue carrying out its functions.
(3)
The maintenance agreement acceptable to the Township is entered into by the developer and the organization.
F.
Deed Restrictions. Natural resource protection land or open space, as required by this chapter, may be held in the ownership of an individual property owner(s). This form of ownership of open space will be subject to all the following requirements:
(1)
It may be used only if approved by the Board of Supervisors, at their sole discretion.
(2)
Restrictions meeting Township specifications must be placed in the deed for each property that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
(3)
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(4)
There shall be no structures placed within deed restricted open space.
[Amended by Ord. No. 2023-02, 2/14/2023]
(5)
Lands shall also be subject to a conservation easement.
G.
Nonresidential Uses. For nonresidential uses, bufferyards and areas of natural resource restricted lands may be held with the ownership of the entire parcel, provided the bufferyards and natural resource restricted areas are deed restricted to ensure their protection and continuance.
H.
Multifamily or Townhouse Developments. In the case of multifamily or townhouse residential uses, the open space land may be in the same ownership as that of the development, provided that the land is deed restricted and subject to a conservation easement to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided. For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.
5.
Layout of Open Space.
A.
Common open space shall be clearly delineated from private open space and from yards of private lots by a fence or landscaping or a combination thereof along its entire length.
B.
Access to common open space or to open space to be dedicated to the Township shall be provided so that residents of the proposed development can reach the open space. Where pathways are provided between lots, the accessway shall have a minimum width of 25 feet and shall be delineated with a fence.
6.
Costs. Unless otherwise agreed to by the Township or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association, or homeowners' association. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association or homeowners' association a fee which covers maintenance cost, administrative costs, and penalties as stipulated in this chapter.
7.
Open space that has been preserved and protected from development by any means, including the development process, purchase of easement by a public entity, preservation by private conservation easement or deed restriction, shall not be used to meet the open space requirements or minimum lot area or yard requirements for any other use or development.
8.
No portion of required open space may be used for sewage lagoons, ponds, or spray fields for land application of wastewater.
9.
Open space areas may contain underground utilities except well protection areas. Surface utilities, including, but not limited to, water tanks, transmission towers, antennas, pump stations, wells, and wastewater treatment plants, shall not be included or located in the required open space area and shall be located on a separate lot outside the perimeter of the open space area.
§ 27-2405 Buffers.
[Ord. 01-09-18-1, 9/18/2001, § 2404; as amended by Ord. 2004-06, 11/10/2004, Art. V; by Ord. 2005-05, 6/21/2005; and by Ord. 2008-02, 2/28/2008]
1.
Purpose and Applicability.
A.
Bufferyards shall be required where a nonresidential zoning district (VC, C-1, C-2, C-3, LI, and Q) adjoins a residential zoning district (RP, R-O, R-1, R-2, R-3, R-4, R-5, VR, and MHP) or where a residential zoning district (RP, R-O, R-1, R-2, R-3, R-4, R-5, VR, and MHP) adjoins property preserved in perpetuity through the Plumstead Township preservation program or through any private, Township, county, state, or federal land preservation program or adjoins Township, county, state, or federal parkland, except that bufferyards are not required for VR and VC Zoning District properties adjacent to existing roads.
B.
Parts 3 through 18 of this chapter require bufferyards for certain uses regardless of adjacent zoning. The width and planting content of these bufferyards are dependent on the proposed use, adjacent uses and adjacent road classifications.
C.
Bufferyards shall not overlap the required front, side, or rear yards nor be included within the area necessary to meet minimum lot area requirements.
D.
Bufferyard areas shall not be included in the calculation of required open space, unless they border an open space area that has a minimum width of 200 feet and a minimum contiguous area of four acres.
E.
Existing Buffers.
(1)
When located within a required bufferyard, all existing deciduous trees larger than three inches in caliper and existing evergreen trees six feet in height may be considered to contribute to the definition of an existing buffer on the property, provided these trees conform with all the applicable requirements of § 27-2405.
(2)
A bufferyard area may include existing hedgerow, at the discretion of the Township.
(3)
Where an area subject to the bufferyard requirements of this Part borders an existing bufferyard, the Board, at its own discretion, may permit these bufferyard requirements be waived or reduced.
F.
Bufferyards shall be required where the proposed land use adjoins a use indicated on Table 1, Buffer Yard Classifications, Adjacent Land Use, below.
[Added by Ord. 2010-09, 11/3/2010, Art. IX]
G.
Fences, when approved by the Board of Supervisors and only as part of a subdivision and/or land development project, may be allowed in a buffer yard.
[Added by Ord. 2010-09, 11/3/2010, Art. IX; amended by Ord. No. 2023-02, 2/14/2023]
H.
The owner of a property where a bufferyard was required by this chapter and installed pursuant thereto shall be required to maintain the buffer and replace the vegetation within the buffer for so long as a requirement for a buffer exists under this chapter.
[Added by Ord. 2010-09, 11/3/2010, Art. IX]
2.
Minimum Buffer Area Widths.
A.
The minimum width for bufferyards required where a nonresidential zoning district (VC, C-1, C-2, C-3, LI, and Q) adjoins a residential zoning district (RP, RO, R-1, R-2, R-3, R-4, R-5, VR, and MHP) shall be as follows:
District | Minimum Width (feet) | |
|---|---|---|
VC | Village Center | 10 |
C-1 | Neighborhood Commercial | 25 |
C-2 | Highway Commercial | 65 |
C-3 | Planned Shopping Center | 50 |
LI | Light Industrial | 45 |
Q | Quarry | 75 |
District | Minimum Width (feet) | |
|---|---|---|
VC | Village Center | 10 |
C-1 | Neighborhood Commercial | 25 |
C-2 | Highway Commercial | 65 |
C-3 | Planned Shopping Center | 50 |
LI | Light Industrial | 45 |
Q | Quarry | 75 |
District | Minimum Width (feet) | |
|---|---|---|
VC | Village Center | 10 |
C-1 | Neighborhood Commercial | 25 |
C-2 | Highway Commercial | 65 |
C-3 | Planned Shopping Center | 50 |
LI | Light Industrial | 45 |
Q | Quarry | 75 |
District | Minimum Width (feet) | |
|---|---|---|
VC | Village Center | 10 |
C-1 | Neighborhood Commercial | 25 |
C-2 | Highway Commercial | 65 |
C-3 | Planned Shopping Center | 50 |
LI | Light Industrial | 45 |
Q | Quarry | 75 |
District | Minimum Width (feet) | |
|---|---|---|
VC | Village Center | 10 |
C-1 | Neighborhood Commercial | 25 |
C-2 | Highway Commercial | 65 |
C-3 | Planned Shopping Center | 50 |
LI | Light Industrial | 45 |
Q | Quarry | 75 |
B.
Specific uses described in Parts 3 through 18 that require bufferyards regardless of adjacent zoning district shall have bufferyards based on adjacent uses and road classification.
(1)
Five classes of bufferyard, designated with the letters A through E, representing varying density and variety of plantings, are provided.
(2)
For each property boundary, the applicant shall determine the adjacent land use or road classification. The required bufferyard for each property line shall be as specified in Table 1 and Table 2 below by matching the proposed use with adjacent land use or road classification. The corresponding letter indicates the required bufferyard class.
3.
Buffer Yard Planting Requirements.
A.
Planting strips within each class of buffer shall include the following plant material and spacing.
(1)
Class A.
(a)
One medium-to-large deciduous tree per 60 feet, plus one evergreen tree per 60 feet.
(2)
Class B.
(a)
One medium-to-large deciduous tree per 40 feet on boundary, one small deciduous tree per 60 feet, and one evergreen per 60 feet, arranged on a berm varying in height between one foot and four feet within the bufferyard; or
(b)
One medium-to-large deciduous tree per 40 feet and one hedgerow per 20 feet, arranged within the bufferyard on a berm varying in height between one foot and four feet on boundary; or
(c)
One medium-to-large deciduous tree per 40 feet and one evergreen per 30 feet, arranged within the bufferyard on a berm varying in height between one foot and four feet within the bufferyard.
(3)
Class C.
(a)
One hedge or large shrub on boundary (four feet on centers) and one evergreen per 25 feet, arranged within the bufferyard; or
(b)
One evergreen every 20 feet on a berm varying in height between one foot and four feet within the bufferyard; or
(c)
One evergreen per 25 feet and one large shrub per eight feet arranged within the bufferyard; or
(d)
One evergreen per 20 feet and one small shrub per four feet arranged within the bufferyard.
(4)
Class D. A combination of evergreens, hedges, and small deciduous trees planted on a berm with the following requirements: one hedge on four-foot centers, plus one evergreen tree per 25 feet, plus one small deciduous tree per 25 feet, staggered in a natural pattern, plus a split rail fence or other fence, each subject to the approval of the Board of Supervisors.
B.
Buffer plantings required on boundary lines shall be placed three feet to five feet inside the boundary line.
5.
General Requirements.
A.
All bufferyards shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
B.
No structure, accessory structure, manufacturing or processing activity, sign, parking area, stormwater management facility, or storage of materials shall be permitted in the buffer area. Driveways shall be permitted to cross through buffer areas but only to permit access to a lot.
[Amended by Ord. No. 2023-02, 2/14/2023]
C.
Plant materials shall be permanently maintained. Any plant material which does not live shall be replaced within six months.
D.
Prior to issuance of any zoning permit, complete plans showing the arrangement of all bufferyards upon the site, along with the placement, species and size of all plant materials, the placement, size, design, and materials of all berms, and the placement, size, materials, and type of all fences to be placed within such bufferyards, shall be submitted to the Township. Such plans shall be reviewed by the Zoning Officer to ascertain that the proposed bufferyards are in conformance with the terms of this chapter.
E.
Planting Design. Plant material within bufferyards should be installed in clusters that will give privacy but do not block views or vistas. The exception shall be commercial, industrial, and high-density residential uses bordering single-family residential uses where a dense, visual screen is encouraged.