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Richland Township City Zoning Code

PART 1

TITLE, PURPOSE AND JURISDICTION

§ 27-101 Title.

[Ord. 251, 11/14/2011]
An ordinance of the Township of Richland, Bucks County, Pennsylvania repealing, in its entirety, Chapter 27 of the Township Richland Code of Ordinances, which is the Richland Township portion of the Quakertown Area Zoning Ordinance, as amended, and enacting a new, amended and revised zoning ordinance regulating the location, height, bulk, erection, construction, reconstruction, alteration, razing, removal, and size of structures; the percentage of lot which may be occupied; the size of yards and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes; and the uses of land for agriculture, water supply, conservation or other purposes, in Richland Township.

§ 27-102 Short Title.

[Ord. 251, 11/14/2011]
This Chapter shall be known as and may be cited as the “Richland Township Zoning Ordinance.”

§ 27-103 Purpose.

[Ord. 251, 11/14/2011]
1. 
The purpose of this Chapter is the promotion of the health, safety, morals, convenience, order and welfare of the present and future inhabitants of Richland Township by:
A. 
Lessening the danger and congestion of traffic on the roads and highways and limiting excessive numbers of roads.
B. 
Securing safety from fire, panic, flood and other dangers.
C. 
Providing adequate light and air; access to incident solar energy, and a safe, reliable and adequate water supply for domestic, commercial, agricultural and industrial uses.
D. 
Controlling and regulating the growth of the area, concentrating development in areas where adequate water supply, sewerage, roads and schools can be provided, and limiting development in areas where these facilities are not provided.
E. 
Providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts; to protect the people’s right to clean air, pure water and the natural, scenic, historic and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound and, therefore, are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.
F. 
Providing for the use of land for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and twofamily dwellings and a reasonable range of multifamily dwellings in various arrangements, mobile/manufactured homes, and mobile home parks; provided, however, that this Chapter shall not be deemed invalid for the failure to provide for any other specific dwelling type.
G. 
Promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, schools, parks and other public facilities, educational opportunities, recreation, soil fertility and food supply.
H. 
Protecting the tax base.
I. 
Securing economy in governmental expenditures.
J. 
Fostering agriculture and other industries.
K. 
Protecting both urban and non-urban development through the use of a development area for urban and suburban uses and a reserve area for non-urban development.
L. 
Accommodating reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.

§ 27-104 Interpretation.

[Ord. 251, 11/14/2011]
1. 
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
A. 
Whenever any regulations made under authority of this Chapter require a greater width or size of yards or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this Chapter shall govern.
B. 
Whenever the provisions of any other statute require a greater width or size of yards other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this Chapter, the provisions of such statute shall govern.
C. 
This Chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or Chapters, except those specifically or impliedly repealed by this Chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.
D. 
Provisions in the subdivision and land development regulations of Richland Township providing for the varying of design standards shall not be considered to be in conflict with the provisions of this Chapter.

§ 27-105 Separability.

[Ord. 251, 11/14/2011]
1. 
It is hereby declared to be the intent of the governing body that:
A. 
If a court of competent jurisdiction declares any provisions of this Chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions of this Chapter to any lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

§ 27-106 Statement of Community Development Goals and Objectives.

[Ord. 251, 11/14/2011]
1. 
The following statement of community development goals and objectives shall serve as a guideline for growth and development within Richland Township. This statement is in compliance with the requirements of Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. §10601 et seq.
A. 
Township Character. The character of a community is one of its most important qualities; defining its unique people, places and things Richland Township’s character is perceived as a positive feature and, therefore, should be preserved and maintained to foster a strong sense of community. Many of the things that help define the Township’s character are associated with open space, including agriculture, historic structures, and scenic vistas.
(1) 
Goal. Preserve and maintain Richland Township’s rural character.
(2) 
Objectives.
(a) 
Protect the scenic views and unique landscapes of the Township.
(b) 
Conserve Richland Township’s unique identity and character by protecting the agricultural land and uses.
(c) 
Encourage development in growth areas, rather than in areas outside of the Primary Development Area, or within sensitive natural resources.
(d) 
Encourage the acquisition of open space through conservation easements.
(e) 
Encourage the creation of an Agricultural Security District.
(f) 
Review and update the Township’s open space plan to ensure future preservation of farmland, greenways, open space and natural features within the Township.
(g) 
Encourage municipal open space planning and acquisition efforts for the preservation of significant agricultural lands, natural lands and historic sites.
(h) 
Maintain and encourage the preservation of historic resources and structures.
(i) 
Maintain and encourage preservation of the existing villages of: Shelly, California, Paletown, and Rich Hill.
(j) 
Encourage the private purchase and restoration of historic buildings that have fallen into disrepair, for adaptive reuse.
(k) 
Create and/or update a natural, cultural, historical, scenic and recreational resource survey and develop preservation and conservation programs.
(l) 
Support and encourage public education, volunteer activities and cultural programs.
B. 
Environmental and Open Space Preservation. Open spaces and environmental areas are abundant in Richland Township. The preservation of Open space protects the water supply, reduces flood hazards, promotes diversity of plants and wildlife, and provides places for the enjoyment of nature and scenic beauty. Open space within the framework of parks, greenways, and other preserved land establishes an interconnected system of natural and cultural resources.
(1) 
Goal. Preserve and maintain the Township’s natural areas.
(2) 
Objectives.
(a) 
Protect the Township’s natural resources such as the Quakertown Swamp by limiting adverse impacts into the area.
(b) 
Continue to coordinate with Heritage Conservancy to implement suggested protection measures for the Quakertown Swamp and the entire Bog Run Watershed and the entire Upper Tohickon Watershed.
(c) 
Encourage residents to form community preservation and cleanup groups to maintain areas of concern.
(d) 
Encourage the acquisition of open space and conservation easements to preserve natural areas.
(e) 
Identify and coordinate areas of natural resources that should be preserved.
(f) 
Encourage the enforcement of existing regulations and/or establish new protection standards for natural resources.
(g) 
Encourage and advocate the use and protection of native species of plants.
(h) 
Develop a working relationship with regulatory agencies (i.e., Department of Conservation and Natural Resources, Bucks County Conservation District, Game Commission) to enforce natural resource protection standards.
(i) 
Educate Township residents on the impacts associated with using nonnative/invasive plant species and the effects they have on the environment.
(j) 
Encourage the removal of non-native/invasive species of plants on open lands to promote the natural succession of native plants.
(k) 
Encourage utility companies to utilize existing rights-of-way and utility easements for the expansion and/or upgrade of service lines.
C. 
Nonresidential Development. Nonresidential uses are vital to the health of a community as these uses provide employment, shopping, and service opportunities for Township residents. Although nonresidential uses may place a burden on the local road system and other services, these uses generate revenues for municipalities, the school district and municipal authorities. Permitting nonresidential development in a controlled manner and in the appropriate areas of the Township will improve the economic vitality of the region.
(1) 
Goal. Seek a balanced, diversified economy in order to maintain and enhance the quality of life of local residents.
(2) 
Objectives.
(a) 
Work to ensure desirable local development and employment opportunities that strengthen and stabilize the tax base.
(b) 
Encourage commercial and industrial development and redevelopment along the existing commercial and industrial corridors.
(c) 
Promote high end professional office development in the designated commercial and industrial corridors.
(d) 
Promote clean and green industry development in the designated commercial and industrial corridors.
(e) 
Promote mixed use development such as traditional neighborhood developments and live/work units in the existing commercial corridor to create homes within walking distance of jobs, neighborhood services, schools and recreation.
(f) 
Develop design guidelines and regulations to allow developers the opportunity to explore more innovative and greener designs.
(g) 
Encourage the adaptive reuse of brownfields.
D. 
Transportation Network. The transportation network in Richland Township is of vital importance to the entire Quakertown area. The infrastructure of transportation, including arterial highways, secondary streets, sidewalks, bike paths, and railways, needs to be assessed as continual development within Richland Township will lead to growth-related transportation challenges. By incorporating transportation concerns/issues into the planning process, the Township can better provide for an integrated transportation system that will serve the needs of its residents.
(1) 
Goal. Improve traffic conditions/congestion throughout the Township.
(2) 
Objectives.
(a) 
Perform traffic studies at intersections of concern.
(b) 
Work with Pennsylvania Department of Transportation to develop a plan to reduce traffic congestion.
(c) 
Encourage the Township to explore regional mass transit opportunities.
(d) 
Coordinate with the Bucks County Transportation Management Association to establish a County-wide public bus system.
(e) 
Promote commuter park and ride facilities and carpooling.
(f) 
Encourage residents to use the existing trail network established throughout the Township.
(g) 
Encourage the use of alternative non-motorized modes of transportation such as: walking, hiking and biking.
(h) 
Implement the Township traffic improvement plan.
(i) 
Coordinate with the Bucks County Transportation Management Association’s Plan for rail service.
(j) 
Consider the creation and/or adoption of an Act 209 study, 53 P.S. §10501-A et seq., to identify and quantify future traffic programs.
(k) 
Obtain access easements and/or trail improvements along the trail network designated on the trails masterplan, as part of the subdivision and land development process.
(l) 
Continue to develop and expand the trail network.
E. 
Stormwater Facilities. The increase in impervious surfaces from development causes runoff to overburden the sewer infrastructure, which in turn degrades the environment, impacts water quality, and affects human health. Stormwater regulations reduce damage from flooding and erosion, and improve the quality of residents’ lives.
(1) 
Goal. Promote stormwater management control and the protection of water resources.
(2) 
Objectives.
(a) 
Encourage the use of best management practices to improve infiltration and water quality for stormwater management through the use of vegetative filtration, riparian buffer plantings, bio-retention areas, rain gardens, vegetative flow conveyance and other structural and nonstructural systems.
(b) 
Develop and implement stormwater design and maintenance guidelines for developed and developing properties.
(c) 
Include aquifer recharge as a critical component for any new development.
(d) 
Identify areas in the Township where innovative paving options could be utilized to facilitate infiltration.
(e) 
Increase public awareness and educational opportunities for residents regarding stormwater management issues.
(f) 
Explore the feasibility of constructing innovative stormwater management systems to demonstrate the design and function of best management techniques.
(g) 
Develop/distribute educational information to residents, businesses and organizations about the importance of riparian buffers, stable stream-banks and headwater streams for the quality of streams and lakes, and the impacts that they have on flooding in the Township.
(h) 
Encourage restoration and the creation of riparian buffers along streams and waterways to promote health and natural diversity.
(i) 
Maintain the natural systems of streams and waterways in Township.
F. 
Community Involvement. Successful community involvement is based upon information and dialogue. Only an informed community can be part of the decisionmaking process and, therefore, it is necessary to ensure local residents are receiving the most up-to-date information regarding events occurring within the Township.
(1) 
Goal. Increase public awareness of Township events.
(2) 
Objectives.
(a) 
Continue to submit press releases to local newspapers so that residents are informed as to what is happening in the Township.
(b) 
Utilize the Township newsletter to encourage residents to become more involved in the community.
(c) 
Encourage increased use of the Township website.
(d) 
Update Township website to provide increased public services.
(e) 
Expand educational efforts (public meetings, mailings, workshops, programs).
(f) 
Explore new ways to communicate to Township residents through the use of modern technology.
G. 
Recreational and Community Facilities. Recreation is an important part of a person’s life as an individual and a member of the community. Active recreation improves physical well being, develops skills and confidence and teaches team work. Passive recreation brings an appreciation of the natural environment. Recreation facilities are key components of the quality of life in Richland Township.
(1) 
Goal. Provide recreational and community facilities to support the current and future population of the Township.
(2) 
Objectives.
(a) 
Expand existing recreational programs and opportunities to meet the needs of residents of all ages.
(b) 
Encourage diverse recreational facilities that appeal to residents of all ages.
(c) 
Encourage residents to use the existing trail network established throughout the Township.
(d) 
Encourage the use of alternative non-motorized modes of transportation such as: walking, hiking and biking.
(e) 
Provide additional parks and recreational areas throughout the Township to meet the needs of the current and future population.
(f) 
Provide additional recreational programming to meet the needs of current and future residents.
(g) 
Facilitate and support active and passive recreational facilities within the Township to improve the quality of life of the Township residents.
(h) 
Encourage cooperation with adjacent municipalities, government agencies and nonprofit service providers and organizations to expand recreational facilities, community facilities, and trail linkages.
(i) 
Continue the development of the sidewalk/trail network to encourage walking.
(j) 
Explore opportunities to create trail linkages within the Township and to adjacent municipalities during the expansion of the trail network.
H. 
Residential Development. Continued residential development in Richland Township must be coupled with the necessary expansion of a full range of services and facilities. A variety of housing types at appropriate densities to meet the needs and desires of a broad population should be provided and encouraged through a variety of planning tools.
(1) 
Goal. Provide various housing opportunities to meet the needs of the Township’s economically diverse population.
(2) 
Objectives.
(a) 
Promote quality, affordable housing.
(b) 
Encourage rehabilitation of existing dwellings.
(c) 
Encourage a diversity of housing units and types to meet the needs of current and future residents.
(d) 
Encourage the private purchase of historic buildings that have fallen into disrepair for restoration and/or adaptive reuse.
(e) 
Develop design guidelines and regulations to allow developers the opportunity to explore more innovative and greener designs.
(f) 
Promote mixed-use land uses such as traditional neighborhood developments and in-fill development that will create housing within walking distance of jobs, neighborhood services, schools and recreation.
I. 
Municipal Services. Demands for municipal, regional, and school district services and improvements have increased with development, the disappearance of State and Federal programs, economic downturns, and changing requirements of Commonwealth statutes. Richland Township strives to provide needed services on a financially responsible basis and when necessary, achieve regional and community-wide cooperation to do the same.
(1) 
Goal. Expand and improve the Township’s community and municipal services to better meet the needs of the growing population.
(2) 
Objectives.
(a) 
Encourage public participation in community events.
(b) 
Ensure that police and fife services have sufficient capabilities and are efficiently meeting the needs of current and future Township residents.
(c) 
Encourage cooperation with adjacent municipalities, government agencies and nonprofit service providers and organizations to expand municipal and community services.
(d) 
Cooperate with State, County and adjacent municipalities regarding regional services such as ambulance, public safety, library and social services.
(e) 
Provide educational information regarding recycling programs for Township residents and businesses.
(f) 
Encourage expanded recycling efforts and participation to increase municipal performance grants.
(g) 
Expand recycling efforts to include yard waste.
J. 
Infrastructure. Infrastructure consists of structures or physical networks that support society. Infrastructure has a direct impact on investment, the creation of employment and, as a consequence, the improvement of the living conditions of the affected population. In Richland Township, the provision of water and sewer will be guiding forces in the development of the area.
(1) 
Goal. Improve the Township’s infrastructure to support future demands.
(2) 
Objectives.
(a) 
Support the provision of utilizing the public water system to provide high quality drinking water to residents.
(b) 
Ensure that public wells are monitored and protected.
(c) 
Support continued maintenance and improvement of all stormwater and sewer facilities.
(d) 
Adopt the Act 537 plan [53 P.S. §750.1 et seq.] and implement proposed strategies.
(e) 
Update the Act 537 plan [53 P.S. §750.1 et seq.] to accommodate new technologies as they are developed.
(f) 
Support continued maintenance and improvement of the Township’s road network.
(g) 
Encourage utility companies to utilize existing rights-of-way and utility easements for the expansion and/or upgrade of service lines.
(h) 
Continue inspections and monitoring of non-municipal, industrial, commercial, and individual alternative wastewater facilities in accordance with what is required by the Pennsylvania Department of Environmental Protection and the County Health Department.
(i) 
Coordinate water and sewer service areas with the primary development area.
(j) 
Extend public sewer, as appropriate within the sewer service area, to address failing on-lot septic systems.
K. 
Planning Initiatives. Many of the issues and concerns of the Richland Township do not end at municipal boundaries. They extend beyond the borders to affect the region, and should therefore, be addressed by the region as a whole. By coordinating with other municipalities and agencies duplication of efforts are avoided, conflict can be prevented, and opportunities to work together can be identified.
(1) 
Goal. Coordinate goals of the Comprehensive Plan with those of the Quakertown Area Comprehensive Plan, the Bucks County Comprehensive Plan and the Upper Tohickon Rivers Conservation Plan.
(2) 
Objectives.
(a) 
Expand opportunities for municipalities and government agencies to share information, resources and data.
(b) 
Coordinate implementation of municipal projects to avoid conflict with other regional projects so efforts are not counterproductive.
(c) 
Consider updating Township ordinances to reflect recommendations in the Township Comprehensive Plan.
(d) 
Explore updating Township ordinances to reflect the recommendations in the Quakertown Area Comprehensive Plan, Bucks County Comprehensive Plan and the Upper Tohickon Rivers Conservation Plan.

§ 27-107 Enactment and Applicability.

[Ord. 251, 11/14/2011]
This Chapter, prepared by Richland Township, was enacted by the governing body under the provisions of Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. §10601 et seq. The Chapter is administered by the governing body, the Planning Commission, the Zoning Officer, and the Zoning Hearing Board of Richland Township under the further provisions of the Pennsylvania Municipalities Planning Code for the land area within the municipality as illustrated on the municipal zoning map incorporated in this Chapter. The Quakertown Area Planning Committee shall serve the municipality in an advisory capacity under Part 14 of this Chapter and Article XI of the Pennsylvania Municipalities Planning Code, 53 P.S. §10901 et seq.