Richland Township City Zoning Code
PART 12
AMENDMENTS
§ 27-1201 Power of Amendment.
[Ord. 251, 11/14/2011]
The governing body may from time to time amend, supplement, change, modify or repeal this Chapter, including the Zoning Map. When doing so, the governing body shall proceed in the manner prescribed in §27-1203 of this Part.
§ 27-1202 Who May Initiate.
[Ord. 251, 11/14/2011]
Proposals for amendment, supplement, change, modification or repeal may be initiated by the governing body on its own motion, by the Planning Commission or by petition of one or more owners of property to be affected by the proposed amendment. Each petition by one or more property owners shall be signed and acknowledged, and submitted in writing to the secretary of the governing body. Along with the petition, the applicant(s) shall submit the information required in §27-1205, “Impact Statement.”
§ 27-1203 Enactment of Zoning Ordinance Amendments.
[Ord. 251, 11/14/2011]
1.
Before voting on the enactment of an amendment, the governing body shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearings.
2.
For an amendment other than that initiated by the Planning Commission, the governing body shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
3.
If after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the governing body shall hold another public hearing, pursuant to the public notice, before proceeding to vote on the amendment.
4.
The municipality shall submit each amendment to the Bucks County Planning Commission and to the Quakertown Area Planning Committee at least 30 days prior to the public hearing for recommendations.
5.
Within 30 days after enactment, a copy of the amendment to this Chapter shall be forwarded to the Bucks County Planning Commission.
6.
The applicant for any hearing on an appeal or amendment before the governing body shall at the time of making application, pay a fee to the municipality in accordance with a fee schedule adopted by resolution of the governing body upon enactment of this Chapter or as such schedule may be amended from time to time.
§ 27-1204 Extension of Development Area.
[Ord. 251, 11/14/2011]
1.
A landowner who wishes his property to be included in the development area may make a request to the governing body. The following procedures shall be observed:
A.
The applicant must submit the information required in §27-1205, “Impact Statement.”
B.
The applicant must establish that public sewerage is obtainable and that plant capacity is adequate to handle the effluent anticipated to be generated by the proposed development as well as the development which is permitted in the development areas which are serviced by that treatment plant.
C.
The applicant shall be required to provide or to finance a study of the service area of the proposed sewer extension. This study shall be conducted by the Municipal Engineer or other qualified engineer agreed upon by both the municipality and the applicant. The study shall determine the feasibility and cost of extending the line and expanding the plant, and the amount of development which may be served.
D.
Implementation. Prior to hearing and acting on a zoning change request which would extend the development area, the petition and impact statement shall be reviewed by the Municipal Planning Commission, the Bucks County Planning Commission and the Quakertown Area Planning Committee. The municipality may also retain, at the petitioner’s expense, experts to review and comment on any or all of the issues addressed in the impact statement. Before voting on the request, the governing body shall review the petition, the impact statement, the review comments of the Municipal Planning Commission, the Bucks County Planning Commission and the Quakertown Area Planning Committee, any consultants hired by the municipality and the notes of testimony of the hearing. If the governing body determines the change creates major problems or adverse impacts, then the governing body shall reject the proposed zoning change.
E.
The petitioner filing the request for an extension of the development area shall at the time of filing, pay a fee to the municipality in accordance with a fee schedule adopted by resolution of the governing body upon enactment of this Chapter or as such schedule may be amended from time to time.
§ 27-1205 Impact Statement.
[Ord. 251, 11/14/2011; as amended by Ord. 276, 2/13/2017]
1.
For any petition filed pursuant to §27-1202 or 27-1204 of this Chapter, an impact statement shall be submitted with the petition. A change of zoning generally means a deviation from the previously planned growth pattern. Such changes invariably have an impact on the community, on the environment, on taxes and on the Quakertown area. A detailed statement of these impacts shall be submitted by the applicant for any change in zoning classification or where required for a proposed use pursuant to this Chapter. Such statement shall contain the following:
A.
Richland Township Comprehensive Plan Update 2009, as Amended. An analysis of the consistency of the proposed zoning change with the Comprehensive Plan shall be presented. The analysis shall include, but not be limited to, the compatibility with the goals and objectives, and the impact on the land use plan, community services and facilities, population and housing projections.
B.
Quakertown Area Comprehensive Plan Update 2007, as Amended. An analysis of the consistency of the proposed zoning change with the Comprehensive Plan shall be presented. The analysis shall include, but not be limited to, the compatibility with the community development goals and objectives, and the impact on the land use plan, community services and facilities, regional population and housing projections.
C.
Environmental Impact. An analysis of the impact on stormwater runoff, aquifer recharge, erosion, sedimentation, wildlife habitats, scenic areas, and the general amenity of the community. The environmental or natural features listed in §27-514, “Environmental Performance Standards,” shall be identified and mapped. The ability of the proposed use to comply with the requirements of §27-514 shall be shown. The site capacity calculations of §27-511 shall be completed for the subject tract.
D.
Transportation Impact. An analysis of the impact of the proposed zoning change on the transportation system, both highways and public transportation, shall be provided. Where a proposed zoning change, conditional use or special exception could result in traffic generation of 250 or more trips per day (see Paragraph D(3)(d) for calculation), a transportation impact study shall be prepared in accordance with the following requirements. The appropriate review body, at its discretion, may require any other zoning change, special exception or conditional use application to be accompanied by a traffic impact study; provided, however, that the appropriate review body notifies the applicant within 15 days following the reviewing body’s first meeting to consider the proposal. Such a notification shall specify the reason for the requirement, citing the proposal’s particular location or existing problems or type of use (e.g., generation of heavy truck traffic).
(1)
Definitions.
CAPACITY ANALYSIS
Intersection approach capacity is the maximum rate of vehicular flow that can pass through an intersection under prevailing roadway, traffic and signalization conditions. The analysis compares the actual or projected traffic volume to the intersection capacity and results in a volume/capacity (V/C) ratio.
LEVEL-OF-SERVICE
Level of service (LOS), as described in the 2000 Edition of the “Highway Capacity Manual,” (Special Report 209, Transportation Research Board) or as amended, is a qualitative measure of the operational conditions within a traffic stream and their perceptions by motorists. Levels of service are defined in terms of delay for signalized intersections and reserve capacity for unsignalized intersections. Six levels of service (A through F) are defined for each type of facility with LOS “A” representing least congested operating conditions and LOS “F” representing a breakdown in operating conditions.
MAJOR INTERSECTION
The intersection of any arterial or collector street with any other arterial or collector street as defined by the Highway Classification Map of the Quakertown Area Zoning Ordinance (Appendix 27-A) or the equivalent document of adjacent municipalities where appropriate. The transportation engineer shall seek guidance from the Zoning Officer prior to the initiation of the traffic impact study to insure agreement on the location of major intersections.
OFF-SITE TRANSPORTATION IMPROVEMENTS
Other transportation related improvements which are generally not contiguous with the property being developed and not required as an on-site improvement but found to be necessary, partly or wholly as a result of the proposed use.
ON-SITE TRANSPORTATION IMPROVEMENTS
All improvements on or adjacent to the development site in the public right-of-way required to be constructed by the developer pursuant to any ordinance, resolution or requirement of the municipality and/or directly related to the transportation needs of the proposed use.
PUBLIC TRANSPORTATION
Transportation services for the general public provided by a common carrier of passengers generally but not necessarily on a regular route basis, by the Southeastern Pennsylvania Transportation Authority or a private operator offering service to the public.
STUDY AREA
The study area shall be defined by two concentric circles at each access point. The first circle shall have a radius of ½ mile from each access point and shall include all intersections along all roadways on which the tract has frontage and all major intersections on all other roadways. The second circle shall have a radius of one mile from each access point and include all major intersections on all roadways on which the tract has frontage. In the case that no major intersections are encountered on frontage roadways within either ½-mile or one-mile radius areas, the study area shall be extended along frontage roadways to at least the first major intersection in each direction. All intersections identified in the study area should be examined. Proposals that will generate more than 2,500 new average daily trips shall expand the first concentric circle to a one-mile radius and the second circle to a two-mile radius. The study shall consider all intersections meeting this criteria, even if the intersections are located outside of the municipality. The transportation engineer shall seek guidance from the Zoning Officer prior to the initiation of the traffic impact study to insure agreement on the study area boundaries.
TRIP GENERATION RATES
The total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units or acres. The “ITE Trip Generation Report, Eighth Edition” or as amended by the Institute of Transportation Engineers shall be referenced to determine specific rates.
WARRANTS FOR TRAFFIC SIGNAL INSTALLATION
A series of tests which detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the “Manual on Uniform Traffic Control Devices for Streets and Highways,” U.S. Department of Transportation, Federal Highway Administration, 1978, as amended.
(2)
The traffic impact study shall be prepared by a qualified traffic engineer and/or transportation planner.
(3)
General Requirements and Standards.
(a)
General Site Description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed development. If the development is residential, types of dwelling units shall also be included. The general site description shall also include probable socioeconomic characteristics of potential site users to the extent that they may affect the transportation needs of the site (e.g., number of senior citizens). A brief description of other major existing and proposed land developments within the study area shall be provided.
(b)
Transportation Facilities Description. The description shall contain a full documentation of the proposed internal and existing external transportation system. This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations, and any traffic signals or other intersection control devices at all intersections within the site. The site design shall be shown to maximize potential public transportation usage to and from the development, by providing adequate turning radii at all access points to allow a bus to enter the development and designating bus shelter and sign locations where appropriate. The report shall describe the entire external roadway system within the study area. Intersections in the study area shall be identified and illustrated. All existing and proposed public transportation services and facilities within a one-mile radius of the site shall also be documented. Regional rail stations within three miles shall be noted. All future highway improvements, including proposed construction and traffic signalization, shall be noted. This information shall be obtained from the Pennsylvania Department of Transportation’s Twelve-Year Highway and Bridge Program and the municipality. Any proposed roadway improvements due to proposed surrounding developments shall be recorded.
(c)
Existing Traffic Conditions. To the extent that it analyzes the study area, the Quakertown Area Traffic Analysis, Orth-Rodgers & Associates of April, 1987, or succeeding equivalent, shall be considered the baseline for determining existing conditions Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area and shall include current average daily traffic volumes, peak highway hour(s) traffic, and peak development generated hour(s) traffic to update the Quakertown Area Traffic Analysis Manual traffic counts at all intersections in the study area shall be conducted, encompassing the peak highway and development-generated hour(s), and documentation shall be included in a technical appendix to the report. A delay analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development-generated-hour(s) for all roadways and intersections in the study area. An additional volume/capacity (V/C) analysis shall be conducted for all intersections having a level of service D, E or F or which should be reasonably expected to have such a level of service after the proposed development. Volume/capacity ratios and delay levels of service shall be determined for each location according to the 1985 Highway Capacity Manual or as amended. The date or dates when any and all traffic counts were made shall be set forth. All changes from the baseline conditions of Quakertown Area Traffic Analysis shall be noted. This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or signalized intersections experiencing levels of service E or F, and V/C ratios greater than or equal to 1.0 shall be noted as deficient. Unsignalized or undersignalized intersections with levels of service E or F shall be noted as deficient.
(d)
Transportation Impact of Development. Estimation of vehicular trips to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development-generated hour(s). (Trip shall mean a one-way trip into or out of the premises and shall not be construed to mean what is commonly referred to as a “round trip”) Vehicular trip generation rates to be used for this calculation shall be obtained from the “Institute of Transportation Engineer’s Trip Generation Report,” Third Edition, or as amended. For land uses not listed in the Institute’s report, the transportation engineer shall seek guidance from the Zoning Officer or his/her designee. All turning movements shall be calculated. These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phases shall be provided. Traffic volumes shall be assigned to individual access points. Pedestrian volumes shall also be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing. Any characteristics of the site that will cause particular trip generation or distribution problems shall be noted.
(e)
Analysis of Transportation Impact. The total future traffic shall be calculated and shall consist of the existing traffic volume expanded to the project completion year using an annual background growth factor plus the development-generated traffic and traffic generated by other proposed developments in the study area. The annual background growth factor shall be determined using the projected rates of population and employment growth as determined by the Bucks County Planning Commission and the average annual traffic growth of the area’s roadways as determined from the Delaware Valley Regional Planning Commission’s “Highway Network Coverage Traffic Counts” and current twenty-four-hour traffic counts. The delay analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. The analysis shall be performed for the peak highway hour(s) and peak development-generated hour(s) for all roadways and intersections in the study area. Delay calculations shall be completed for all intersections and proposed access points to the development. A volume/capacity (V/C) analysis shall be conducted for all intersections having a future level of service D, E or F. All access points and pedestrian crossings shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.
(f)
Conclusions and Recommended Improvements. Levels of service (LOS) and volume/capacity (V/C) ratios shall be listed for all roadways and intersection lane groups. All roadways and intersections showing a level of service E or F, and V/C ratios equal to or greater than 1.0 shall be considered deficient. Also, the proportion of site-generated traffic to total future traffic shall be identified at each lane group that is considered deficient. Specific recommendations for the elimination of all deficiencies shall be listed and shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway intersection design and improvements, traffic signal installation and operation including signal timing, and transit design improvements. All physical roadway improvements shall be illustrated. Signal timing should be evaluated for any intersection with a level of service D, E or F, but a volume/capacity (V/C) ratio less than 1.0. Warrants for signalization shall be examined for unsignalized or undersignalized intersections with levels of service E or F. Existing and/or future public transportation service shall also be addressed and any transportation management techniques which would be available to the proposed development shall be identified. A listing of all actions to be taken to encourage public transportation usage for development generated trips and/or to improve existing service, if applicable, shall be included.
E.
Water Resources Impact. An analysis of the impact of the proposed zoning change on underlying aquifers, streams and existing nearby wells or on the public water supply system shall be provided. The following information shall be included:
(1)
Any reports, studies or plans previously prepared for the municipality shall be utilized in the analysis.
(2)
The proposed water supply system including source(s), storage and distribution shall be discussed.
(3)
Existing and proposed water resources near the site should be identified.
F.
Sewage Facilities Impact. An analysis which evaluates the consistency of the proposed zoning change with the municipal sewage facilities plan.
G.
Community Services Impact. The impact of the proposed zoning change on the demand for community services such as police and schools shall be defined. Where standards of use are set by other agencies such as the Department of Environmental Protection (DEP), these shall be used. All capacities of existing facilities shall be identified and compared with demands that would be generated by the proposed zoning change. For schools, the following school children yields shall be used:
School Children per Dwelling Unit | ||||
|---|---|---|---|---|
Dwelling Unit Type(s) | Number of Bedrooms | Grades K-61 | Grades 7-9 (JHS)2 | Grades 10-12 (HS)3 |
Single-Family Detached (B1, B5(b)1)), Single-Family Detached Exemption (B1A), Single-Family Detached Enhanced Density (B4), Detached Dwelling Off-Center (B5(b)2)) | 2 BR 3 BR 4 BR 5 BR Blended * | 0.0745 0.5539 0.6188 0.5708 0.4994 | 0.0447 0.1378 0.1285 0.0000 0.1161 | 0.0793 0.0874 0.1265 0.0737 0.0964 |
Twin (B5(b)3)), Duplex (B5(b)4)), Patio House (B5(b)5)), Multiplex (B5(b)7)) | 1 BR 2 BR 3 BR Blended * | 0.0000 0.0000 1.1427 0.2491 | 0.0000 0.0000 0.7445 0.1623 | 0.0000 0.0000 0.0000 0.0000 |
Townhouse (B5(b)8)), Atrium House (B5(b)6)) | 1 BR 2 BR 3 BR Blended * | 0.0000 0.1135 0.2754 0.1803 | 0.0000 0.0000 0.0000 0.0000 | 0.0000 0.0258 0.1396 0.0750 |
Apartments (B5(b)9)) | 1 BR 2 BR 3 BR Blended * | 0.0000 0.1371 - 0.0855 | 0.0000 0.0000 - 0.0000 | 0.0000 0.1327 - 0.0827 |
Mobile/Manufactured Homes (B1, B1A, B5(b)1), B6) | 1 BR 2 BR 3 BR Blended * | 0.0000 0.1408 0.9229 0.1997 | 0.0000 0.0000 0.1046 0.0379 | 0.0000 0.0946 0.1611 0.1139 |
1 K-6: | Ages 5-11 |
2 JHS: | Ages 12-14 |
3 HS: | Ages 15-17 |
*Note: Blended ratios are to be used where he number of bedrooms is not known. | |
SOURCE: Development Impact Assessment Handbook, Burchell, Robert W., David Listokin, et al. Washington, D.C.: ULI–the Urban Land Institute, 1994 | |
H.
Implementation. Prior to hearing or acting on the zoning change request, the petition and impact statement shall be reviewed by the Municipal Planning Commission, the Bucks County Planning Commission, and the Quakertown Area Planning Committee. The municipality may also retain, at the petitioner’s expense, experts to review and comment on any or all issues addressed in the impact statement. Before voting on the zoning change request, the governing body shall review the petition, the impact statement, the review comments of the Municipal Planning Commission, the Bucks County Planning Commission and the Quakertown Area Planning Committee, any consultants hired by the municipality and the notes of testimony of the hearing. If the governing body determines the change creates major problems or adverse impacts, then the governing body shall reject the proposed zoning change.
I.
The petitioner or applicant filing an impact statement shall, at the time of filing, pay to the Zoning Officer for the use of the municipality, a fee in accordance with a fee schedule adopted by resolution of the governing body upon enactment of this Chapter or as such schedule may be amended from time to time.
