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Richland Township City Zoning Code

PART 5

PERFORMANCE STANDARDS

§ 27-501 Compliance.

[Ord. 251, 11/14/2011]
All uses and activities established after March 29, 1999, shall comply with the standards of this Part.

§ 27-511 Site Capacity Calculations.

[Ord. 251, 11/14/2011; as amended by Ord. 262, 3/9/2015]
1. 
Each site is unique, containing varying amounts of environmentally constrained natural resources that should be considered as development occurs. It is the purpose of this Section to determine the appropriate intensity of use to which a site may be developed. The following site capacity calculations shall be submitted with all applications for subdivision or land development, or for zoning/building permits where the net buildable site area for that particular lot has not been previously calculated. Through these calculations, the net buildable site area, the maximum number of dwelling units, the maximum amount of impervious surfaces, and the required open space shall be determined.
A. 
Base Site Area. Calculate the base site area. From the site area, subtract future rights-of-way of existing public or private roads; existing utility easements and/or rights-of-way; land which is not contiguous or which is separated from the parcel by a road, railroad, or major stream which acts as a major barrier to common use; and land shown on previous subdivision or land development plans as reserved for open space.
Site Area
=
__________ acres
 
-
__________ acres
Base Site Area
=
__________ acres
B. 
Land with Resource Restrictions and Resource Protection Land. Calculate the land with resource restrictions and the resource protection land. 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
Open Space Ratio
Acres of Land in Resources
Resource Protection Land
(Acres x Open Space Ratio)
Floodway
1.00
x __________acres
= __________acres
Floodplain
0.80
x __________acres
= __________acres
Floodplain Soils*
1.00
x __________acres
= __________acres
Steep Slopes
 
x __________acres
= __________acres
8-15%
0.60
x __________acres
= __________acres
15-25%
0.70
x __________acres
= __________acres
25% or more
0.85
x __________acres
= __________acres
Lakes and Ponds
1.00
x __________acres
= __________acres
Watercourses
1.00
x __________acres
= __________acres
Wetlands
0.95
x __________acres
= __________acres
Land with Resource Restrictions
__________acres
 
Resource Protection Land
__________acres
Notes:
* Not to be used when the base flood is delineated.
C. 
Recreation Land. Calculate land for recreation. While some of the open space may be resource protection land, it is required that at least a portion of the public or common open space be usable for active recreation.
Base Site Area
 
__________acres
Subtract Land with Resource Restrictions
-
__________acres
Remainder
=
__________acres
Multiply by 1/3 Minimum Open Space Ratio (§27-512)
x
__________acres
Recreation Land
=
__________acres
D. 
Net Buildable Site Area. Calculate the net buildable site area.
Base Site Area
 
__________acres
Subtract Resource Protection Land
-
__________acres
Net Buildable Site Area
=
__________acres
E. 
Required Open Space. Determine the required open space for any subdivision or land development requiring open space. The required open space is the sum of the resource protection land and a percentage of the net buildable site area.
Net Buildable Site Area
 
__________acres
Multiply by Minimum Open Space Ratio (§27-512)
x
__________acres
Product
 
__________acres
Add Resource Protection Land
+
__________acres
Required Open Space
=
__________acres
NOTE: Applicants shall also provide recreation land where required.
F. 
Number of Dwelling Units. Calculate the maximum number of dwelling units. The applicant shall not round up unless the number of units calculated is less than one but greater than one half, in which case, the applicant may round up to permit one dwelling unit. For nonresidential uses, skip to paragraph G.
Net Buildable Site Area
 
__________acres
Multiply by Maximum Density (§27-512)
x
__________
Number of Dwelling Units (do not round up)
=
__________unit(s)
G. 
Impervious Surfaces. Calculate the maximum area of impervious surfaces. The maximum impervious surface ratio is found in §27-512, “Table of Performance Standards.” The applicant is to use the “total site” ratio in determining maximum impervious surfaces for the site.
Net Buildable Site Area
 
__________acres
Multiply by Maximum Impervious Surface Ratio (§27-512) (Total Site)
x
__________
Impervious Surfaces
=
__________acres
H. 
Buildable Portion of the Site. Calculate the buildable portion of the site.
Base Site Area
 
__________acres
Subtract Required Open Space
-
__________acres
Buildable Portion of the Site
=
__________acres
I. 
Site Capacity Summary.
Net Buildable Site Area (D)
__________acres
Maximum Number of Dwelling Units (F)
__________units
Maximum Impervious Surfaces (G)
__________acres
Required Open Space (E)
__________acres
Required Recreation Land (C)
__________acres

§ 27-512 Table of Performance Standards.

[Ord. 251, 11/14/2011; as amended by Ord. 277, 4/10/2017; by Ord. 287, 2/10/2020; and by Ord. 288, 2/10/2020]
1. 
The following table establishes the performance standards for the various zoning districts. All of the applicable standards for a zoning district shall be met. If after performing the calculations in the preceding section, one or more of the calculated standards or the standards in any other section of this Chapter are greater than on this table, the strictest standard shall govern except where greater or lesser standards are established in §27-405.
A. 
Minimum Open Space Ratio. This ratio is not applicable for minor subdivisions. For uses where this is applicable, the figure in the column shall be the minimum percentage of net buildable land used to determine the open space requirement in §27-511.E. Note that the minimum required open space is a percentage of net buildable site area, plus the resource protection land.
B. 
Maximum Density (DU/Acre). The number in this column shall be the maximum allowable density for residential uses. This number may be increased only under the provisions of §27-517.
C. 
Maximum Impervious Surface Ratio. This number shall be the maximum amount of impervious surfaces.
(1) 
The total site ratio is the maximum amount of impervious surfaces permitted for the entire use or development, inclusive of the impervious surfaces for individual lots, all public and private improvements, open space, recreation areas, etc. The total site ratio is to be utilized in completing the impervious surfaces portion of the site capacity calculations found in §27-511.G.
(2) 
The on-lot ratio is the maximum amount of impervious surface permitted on each lot in a residential subdivision (based on the net lot area defined in §27-202 and Paragraph C) except where the subdivision is classified as a minor subdivision with no site improvements, where this ratio is not applicable.
(3) 
For all residential uses, an individual lot owner may exceed this maximum impervious surface ratio (on-lot) by 3% to make improvements to the lot. All subsequent homeowners will be bound by this one time 3% maximum increase in lot coverage for the life of the subdivision. However, the developer shall be required to design and construct the stormwater management facilities to accommodate the total maximum impervious surfaces allowed, including the additional 3% homeowner allowance.
(4) 
This Section of this Chapter contains standards for maximum impervious surface ratios that should not be construed as a guarantee for any specific area of impervious surface allowed on any given lot. The total site ratio is the limiting factor and takes precedent over what may cumulatively be allowed by on-lot ratios for any given development.
D. 
Minimum Site Area. This is the minimum acreage required in order to qualify for a particular permitted use. For example, in order to qualify for a single-family detached use in the RP district, the site must be a minimum of five acres.
E. 
Minimum Lot Area. This column refers to the minimum required area of land on which a use can be located. The minimum lot area shall not include the area of any easement excepting those easements necessary for electrical, telephone and communications facilities, any area within a designated buffer yard as required by §27-516, any area designated as open space under the requirements of §27-511, “Site Capacity Calculations,” or any area containing the following resources: floodway, floodplains, floodplain soils, lakes, ponds, watercourses, lake shore areas, pond shore areas, or wetlands.
Table of Performance Standards
District
Use
Minimum Open Space Ratio7
Maximum Density DU/Acre
Maximum Impervious Surface Ratio
Minimum Site Area
Minimum Lot Area
On-Lot3
Total Site
RP
B1 Single-Family Detached
.75
.20
.10
.05
5 acres
1 acre
 
B1A Single-Family Detached Exemption
–
.20
.05
.05
5 acres
5 acres
 
B4 Single-Family Detached Enhanced Density
.80
.25
.15
.05
5 acres
5 acres
 
B7 Country Property4
.10
.10
.10
.04
10 acres
1 acre
 
Other Permitted Uses
–
–
–
.05
5 acres
5 acres
RA
B1 Single-Family Detached
.50
.50
.20
.10
2 acres
20,000 sf
 
B1A Single-Family Detached Exemption
–
.50
.10
.10
2 acres
2 acres
 
B4 Single-Family Detached Enhanced Density
.60
.60
.30
.10
2 acres
24,000 sf1
 
B7 Country Property4
.10
.10
.10
.04
10 acres
1 acre
 
C17 Health Care Campus
–
–
–
.506
50 acres
50 acres
 
Other Permitted Uses
–
–
–
.10
2 acres
2 acres
SRC
B1 Single-Family Detached
.60
.25
.15
.05
4 acres
30,000 sf
 
B1A Single-Family Detached Exemption
–
.25
.05
.05
4 acres
4 acres
 
B4 Single-Family Detached Enhanced Density
.70
.50
.20
.05
4 acres
34,000 sf1
 
B5 Performance Standard Subdivision
.80
1.1
2
.15
10 acres
2
 
B7 Country Property4
.10
.10
.10
.05
10 acres
1 acre
 
Other Permitted Uses
–
–
–
.10
10 acres
10 acres
SRL
B1 Single-Family Detached
.45
2.0
.40
.20
20,000 sf
6,000 sf
 
B1A Single-Family Detached Exemption
–
2.0
.20
.20
20,000 sf
20,000 sf
 
B4 Single-Family Detached Enhanced Density
.60
2.5
.50
.20
17,500 sf
6,000 sf1
 
B5 Performance Standard Subdivision
.70
4.0
2
.25
5 acres
2
 
B7 Country Property4
.10
.50
.15
.10
2 acres
20,000 sf
 
Other Permitted Uses
–
–
–
.20
1 acre
1 acre
SRM
B1 Single-Family Detached
.40
2.5
.50
.20
17,500 sf
5,000 sf
 
B1A Single-Family Detached Exemption
–
2.0
.20
.20
20,000 sf
20,000 sf
 
B4 Single-Family Detached Enhanced Density
.50
3.0
.60
.25
15,000 sf
5,500 sf1
 
B5 Performance Standard Subdivision
.60
4.5
2
.30
5 acres
2
 
B7 Country Property4
.10
.50
.15
.10
2 acres
20,000 sf
 
Other Permitted Uses
–
–
–
.25
1 acre
1 acre
SRH
B1 Single-Family Detached
.35
2.9
.50
.25
15,000 sf
5,000 sf
 
B1A Single-Family Detached Exemption
–
2.0
.25
.25
20,000 sf
12,000 sf
 
B4 Single-Family Detached Enhanced Density
.45
3.44
.60
.30
15,000 sf
5,000 sf1
 
B5 Performance Standard Subdivision
.50
4.5
2
.35
5 acres
2
 
B7 Country Property4
.10
.50
.20
.10
2 acres
20,000 sf
 
Other Permitted Uses
–
–
–
.35
30,000 sf
30,000 sf
URL
B1A Single-Family Detached Exemption
–
4.84
.27
.27
9,000 sf
9,000 sf
 
B5 Performance Standard Subdivision
.30
6.0
2
.39
20,000 sf
2
 
Other Permitted Uses
–
–
–
.35
20,000 sf
20,000 sf
AQ
B4 Single-Family Detached Enhanced Density
.50
2.2
.45
.25
50 acres
5,000 sf
 
B5 Performance Standard Subdivision5
.60
2.2
.45
.30
50 acres
2
PC
C17 Health Care Campus
–
–
–
.506
50 acres
50 acres
 
Other Permitted Uses
–
–
–
.85
1 acre
1 acre
PI
All Permitted Uses
–
–
–
.60
1 acre
1 acre
EXT
All Permitted Uses
–
–
–
.85
2 acres
2 acres
Notes:
1For the B4 Single-Family Detached Enhanced Density Use, the minimum lot area shall be the minimum average lot area. Refer to §27-405.B4(c).
2See §27-405.B5 for regulations specific to the proposed use/dwelling type.
3In accordance with §27-512.C.
4Refer to §27-405.B7(b).
5In accordance with §27-614.1.A(2).
6Based on base site area.
7This ratio is not applicable for minor subdivisions.

§ 27-513 Area and Dimensional Requirements.

[Ord. 251, 11/14/2011]
The following table establishes the performance standards for the various zoning districts except where greater or lesser standards are established in §27-405. In order for the standards in §27-405 to apply, all requirements in that Section must be met.
District
Minimum Lot Width (ft.)
Minimum Yards*(ft.)
Maximum Floor Area Ratio
Maximum Bldg. Height (ft.)
Front
Side (ea)
Rear
RP
120
25
15
50
 
35
RA
80
25
15
50
 
35
SRC
110
25
15
50
 
35
SRL
45
25
10
40
 
35
SRM
40
25
10
40
 
35
SRI-I
40
25
10
40
 
35
URL
40
25
10
40
 
35
PC
150
50
30
50
.40
35
PI
150
50
30
50
.40
35
EXT
200
150
50
50
.10
35
Notes:
*The minimum front yard along an arterial highway shall be 100 feet and the minimum front yard along a collector highway shall be 65 feet.

§ 27-514 Environmental Performance Standards.

[Ord. 251, 11/14/2011; as amended by Ord. 262, 3/9/2016]
1. 
All uses and activities established after March 29, 1999, shall comply with the following standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this Chapter. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap. This Chapter shall not prohibit land management practices which are intended to ecologically improve any wetland, woodland, stream, lake or pond, provided that all necessary permits have been obtained from the Pennsylvania Department of Environmental Protection and all other applicable governing bodies.
A. 
Floodway. Such areas shall remain undisturbed, except for minor road crossings where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection (DEP) and where no other reasonable access is available, and as permitted in the Floodplain Management Ordinance.
B. 
Floodplain Area. Such areas shall remain undisturbed. However, disturbance, in an amount not to exceed 20%, is permitted for minor road crossings where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection (DEP) and where no other reasonable access is available, and as permitted in the Floodplain Management Ordinance.
C. 
Floodplain Soils. Such areas shall remain undisturbed, except for minor road crossings where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection (DEP) and where no other reasonable access is available, and as permitted in the Floodplain Management Ordinance. Floodplain soils shall not be used where the base flood has been delineated. See the Floodplain Management Ordinance.
D. 
Steep Slopes. In areas of steep slopes, the following standards shall apply:
(1) 
8% to 15%. No more than 40% of such areas shall be altered, regraded, cleared or built upon.
(2) 
15% to 25%. No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(3) 
25% or Steeper. No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(4) 
Areas of steep slope that are less than 3,000 square feet shall be exempt from these standards.
E. 
Woodlands. No more than 20% of such areas shall be altered, regraded, cleared or built upon, unless approved by the governing body in its sole discretion. The remaining 80% shall be maintained as permanent woodland. Any disturbance permitted by the governing body beyond 20% shall be subject to tree replacement at a ratio determined to be appropriate by the governing body in its sole discretion.
F. 
Tree Protection Zone. During construction such areas shall not be altered, regraded, compacted or built upon, or used for storage or parking of vehicles.
G. 
Lakes, Ponds and Watercourses. Such areas shall remain undisturbed and free-flowing. Such areas shall not be altered, regraded, filled, piped, diverted or built upon, except for minor road crossings where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection (DEP) and where no other reasonable access is available.
H. 
Lake Shore Area. The shorelines of lakes, to a distance of 300 feet from the shorelines, shall contain no more than 10% impervious surfaces. At least 70% shall remain undeveloped and unaltered, unless approved by the governing body in its sole discretion.
I. 
Pond Shore Area. The shorelines of ponds, to a distance of 100 feet from the shorelines, shall contain no more than 10% impervious surfaces. At least 80% shall remain undeveloped and unaltered, unless approved by the governing body in its sole discretion.
J. 
Wetlands. The following standards shall apply to wetlands:
(1) 
Delineation of Wetlands. When the National Wetlands Inventory (NWI) Maps indicate wetlands on a site, or when a site contains hydric soils,[1] or an area with a predominance of wetlands vegetation is present,[2] an on-site investigation shall be conducted to determine if wetlands are present on the site. A landowner or an applicant shall use one of the following methods to delineate wetlands:
(a) 
Wetland boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the municipality. The study must be approved by the governing body. The governing body, in their sole discretion, may require such delineation to be verified by an independent soil scientist approved by the governing body or by the U.S. Army Corps of Engineers.
(b) 
A wetlands delineation validated by the U.S. Army Corps of Engineers. In the event that a wetlands delineation validated by the U. S. Army Corps of Engineers is shown to vary from a wetlands boundary derived from clause (a), above, the Corps delineation shall govern.
[1]
Editor’s Note: See §27-202 for a list of hydric soils.
[2]
Editor’s Note: See Appendix 27-B for a plant list of common wetland species found in Bucks County. These species are reliable indicators of wetlands when found dominating a site (e.g., comprising more than 50% of the vegetation).
(2) 
Wetlands of one acre or greater in size shall remain undeveloped. Such areas shall not be altered, regraded, filled, piped, diverted or built upon. However disturbance, in an amount not to exceed 5%, is permitted for minor road crossings where design approval is obtained from the municipality, where State and Federal permits have been obtained, and where no other reasonable access is available.
(3) 
Wetlands of less than one acre in size shall not be altered, regraded, filled, piped, diverted or built upon except where State and Federal permits have been obtained.
K. 
Special Setbacks. On lots that include lands with wetlands, lakes, ponds, watercourses, floodway, floodplain, and/or floodplain soils, the minimum building setbacks and yard requirements shall be measured from the closest resource limits rather than from the lot lines so that all required minimum yards are free from lands with these natural resources; provided, however, that the maximum required setback from the resource shall be as follows: front yard, 50 feet; side yard, 25 feet; and, rear yard, 50 feet; but said lots shall otherwise comply with all other requirements associated with setbacks.
L. 
Stormwater. All uses shall limit the rate of stormwater run-off so that the rate of run-off generated is no more than that of the site in its natural condition. Where farm field or disturbed earth is the existing condition, meadow shall be used as the starting base for such calculations instead of the actual conditions. All runoff calculations shall be based on 100-year, twenty-four-hour storms. The method for such calculations shall be that contained in the United States Department of Agriculture, Soils Conservation “Engineering Field Manual, Notice #4,” of April 30, 1971, as amended.
M. 
Soil Erosion and Sedimentation. All uses shall protect streams, lakes and ponds from sedimentation damage and control erosion in accordance with the “Clean Streams Law, P.L. 187,” Chapter 102. In addition, all subdivisions and land developments shall submit a soil erosion and sedimentation plan as part of the preliminary subdivision or land development plans even where these resources are less than 25 acres in extent.
N. 
Sewage Disposal. All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the Municipal Sewage Facilities Plan, the Bucks County Department of Health and the Pennsylvania Department of Environmental Protection (DEP). The applicant shall demonstrate compliance with the requirements of this Section for all applications for zoning or building permits.
O. 
The Permanent Removal of Topsoil. The permanent removal of topsoil from any parcel of land shall be prohibited, except in extraction districts or as follows:
(1) 
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature or ponds and lakes may be considered excess, and may be removed by the owner.
(2) 
During regrading operations conducted upon premises, whether or not carried on in conjunction with on-site construction, excess topsoil remaining after restoring a minimum compacted depth of four-inch topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
(3) 
Any topsoil removed as a result of subparagraph (1) and/or (2) above shall be prohibited from being exported beyond the limits of Richland Township.
P. 
Permanent Removal of Subsurface Solids. The permanent removal of subsurface solids, whether soil, clay, or mineral in nature, for other than on-site construction or grading purposes shall be prohibited except in extraction districts if otherwise qualified under the provisions of this Chapter.

§ 27-515 No Guarantee of Lot Yield or Development.

[Ord. 251, 11/14/2011]
This Chapter contains standards for lot sizes, building coverage, and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other Chapter requirements will all have an effect on the actual development potential.

§ 27-516 Buffer Yards.

[Ord. 251, 11/14/2011; as amended by Ord. 287, 2/10/2020; and by Ord. 288, 2/10/2020]
1. 
Buffering serves to soften the outline of buildings, to screen glare and noise, and to create a visual and/or physical barrier between conflicting land uses. Buffer yards are required between uses and along existing and proposed streets. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses or streets surrounding the proposed development. To determine the required buffer yard and planting schedule, a three step procedure should be followed:
A. 
Step 1–Site Analysis and Determination of Buffer Yard Class.
(1) 
For each property boundary, the applicant shall determine the adjacent land use. If the property boundary is a street, the applicant shall determine the land use across the street from the subject property. Land use information shall be determined by an on-site survey. Table 27-516-1 specifies the buffer yard class for each boundary.
(2) 
The applicant shall match his proposed land use with the corresponding adjacent land use for each property boundary. The letter indicates the buffer yard class.
B. 
Step 2–Selection of the Planting Option for the Buffer Yard Class. After determining the buffer yard class, the applicant shall select a planting option from Table 27-516-2. For each buffer class, several planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary.
C. 
Step 3–Selection of the Plant Materials from the Plant Materials List.
(1) 
For each planting option, the plant materials outlined in Table 27-516-3 shall be utilized. Minimum plant size, given either in height or in caliper, is indicated on this table. All plant material shall meet the standards of the American Association of Nurserymen.
(2) 
The applicant shall not be required to provide a buffer yard should existing planting, topography, or manmade structures be deemed acceptable for screening purposes by the Board of Supervisors, Zoning Officer, or the Township Planner.
2. 
General Requirements.
A. 
Location of Buffer Yard.
(1) 
The buffer yard shall be measured from the property line or the near street line where a street serves as the property line.
(2) 
The buffer yard for residential and nonresidential lots may overlap the required front, side or rear yards and, in case of conflict, the larger yard requirements shall apply (see Subsection 2.A(3) below regarding buffer yards on residential lots).
(3) 
Buffer yards may only be located on individual residential lots if the following requirements are met:
(a) 
The residential lot is part of Use B1A Single-Family Detached Exemption, B2 Residential Conversion, B3 Rooming or Boarding House, B7 Country Property or B8 Urban Dwelling.
(b) 
The buffer yard may be included as part of the lot area assigned to a dwelling unit; however, the portion of the lot area containing the buffer yard must be in addition to the minimum required lot area. A deed restriction shall be placed on the lot in accordance with §27-565.4, “Deed Restrictions,” of this Chapter.
(4) 
No more than 30% of required open space area shall be located in the buffer yard.
B. 
All buffer yards shall be maintained and kept clean of all debris, rubbish, noxious weeds, invasive plants, and tall grass.
C. 
No structure, sign, manufacturing or processing activity, commercial activity, parking, or storage or display of materials shall be permitted in the buffer yard. However, fences may be installed by homeowners in buffer yards on their property but storage sheds and pools may only be installed by homeowners in buffer yards located on their property along the rear or sides of the property that are not along a road. Plant materials required for buffer yards are to be maintained and such structures, exclusive of fences, shall encroach no more than 50% into the required buffer; unless greater restrictions are specified elsewhere in Richland Township’s codes and ordinances. In addition, if a fence in a buffer yard has one side that is more finished or smoother than the other side, the more finished side or smoother side shall face the outside of the buffer yard.
D. 
Existing Buffer. All existing deciduous and coniferous trees larger than two inches in caliper and/or eight feet in height that are not invasive species or noxious weeds may be considered to contribute to the definition of an existing buffer on the property. If the amount of existing plant material which is that size or greater equals any of the planting requirements, the equivalent reduction of required plant material may be taken. In all cases, existing plant material of the above caliper and height, that are not invasive or noxious weeds, shall be preserved in any buffer yard except where clearance is required to ensure adequate sight distance. All noxious weeds and invasive species shall be removed and eradicated before the existing plant material can qualify to meet or partially meet buffer requirements. All other removals shall, where feasible, involve relocation rather than clearing.
E. 
Plant materials shall be permanently maintained and any plant material which dies shall be replaced by land owner.
F. 
Planting Design. It is encouraged that plant materials in buffer yards be planted in natural clusters that will give privacy but do not block views or vistas. The exception shall be commercial or industrial uses bordering residential uses. Here a dense, visual screen is required. Thus, plant material shall be at least six to eight feet high when planted.
G. 
The plant material shall be so placed that at maturity it will be no closer than three feet from any property or street line.
H. 
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets in accordance with §27-554.
I. 
The screen planting shall be broken only at points of vehicular or pedestrian access.
J. 
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials to be placed in such buffer yard shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this Chapter.
3. 
Special Buffer Yard Requirements. The following requirements shall supersede the buffer yard requirements of Table 27-516-1, “Determination of Buffer Yard Class.”
A. 
Buffer Yard Requirements Along Expressway and Arterial Streets.
(1) 
Where a residential use is proposed adjacent to an expressway or arterial street, a Class “C” buffer yard shall be provided.
(2) 
No screen planting shall be required along expressway or arterial streets which form district boundary lines provided that:
(a) 
The proposed use is nonresidential.
(b) 
No outdoor processing, manufacturing or commercial activity and no outdoor storage or display of material shall be so located as to be visible from the property across the expressway or arterial street.
(c) 
The front of the building faces the expressway or arterial street.
4. 
Buffer Yards for Rear-Facing Dwelling Units. On any lot, including, but not limited to, reverse frontage lots, where the rear of a dwelling unit faces any road, and is within 200 feet of the street line, buffer yards shall be provided in accordance with the following requirements:
A. 
If the higher classification street is a primary street as listed in Appendix 27-A of this Chapter, a thirty-foot buffer yard will be required along the frontage of the higher classification street unless a larger buffer yard is required by this Chapter, in which case, both the spatial requirements of the larger buffer yard and the planting requirements listed below shall apply.
Buffer Planting Requirements
Plant Type
Size
Quantity
Evergreen Trees
6 to 8 feet in height
1 per 30 feet of buffer length
Canopy Trees
2½ to 3 inch caliper
1 per 30 feet of buffer length
Flowering Trees
8 to 10 feet in height; 2 to 2½ inch caliper
1 per 60 feet of buffer length
Shrubs
Minimum of 24–36 inches in height
1 per 4 feet of buffer length
Ground Covering Plants
See Table 27-516-3
150 plants per 60 linear feet of buffer
B. 
If the higher classification street is a collector as listed in Appendix 27-A of this Chapter, a thirty-foot buffer yard will be provided along the frontage of the higher classification street unless a larger buffer yard is required by this Chapter, in which case, both the spatial requirements of the larger buffer yard and the planting requirements listed below shall apply.
Buffer Planting Requirements
Plant Type
Size
Quantity Required
Evergreen Trees
6 to 8 feet in height
Planted in a double, staggered row, on top of berm, at 15 feet o.c.
Canopy Trees
2½ to 3 inch caliper
1 per 20 feet of buffer length
Flowering Trees
8 to 10 feet in height;
2 to 2 ½ inch caliper
2 per 60 feet of buffer length
Shrubs
Minimum of 24–36 inches in height
1 per 4 feet of buffer length
Ground Covering Plants
See Table 27-516-3
150 plants per 60 linear feet of buffer
C. 
Berming shall be provided. Vertically and horizontally meandering berms suggesting a rolling landscape shall be incorporated into the grading design without adversely affecting drainage. Berms shall be a minimum of two feet in height and shall have a minimum top width of 10 feet. Slope to height ratio shall not be less than three to one.
D. 
Where the dwelling unit or building has been located so as to face the street with the higher classification, the Board of Supervisors or their designated representative shall determine the need for the provision of a buffer yard on either street frontage, unless otherwise required by this Chapter.
Table 27-516-1 Determination of Buffer Yard Class
Proposed Land Use
Existing/Adjacent Land Use
Agricultural (A3, A5, A6, and A9 Uses only)
Residential (B1, B1A, B4, and B7 Uses)
All Other Residential
Institutional and Recreational
Office
Retail and Consumer Service
Utility Service and Transportation
Industrial
Vacant Land (RP, RA, SRC, SRL, SRM, SRH & URL Districts)
Vacant Land (PC, PI & EXT Districts)
Agricultural (A3, A5, A6 & A9 Uses only)
–
B
B
A
A
A
A
A
A
A
Residential (B1, B1A, B4, B7 Uses)
A
–
A
B
B
B
B
B
–
B
All Other Residential
A
B
A
B
B
B
B
B
B
B
Institutional and Recreational
A
B
B
A
A
A
A
B
B
A
Office
A
B
B
A
–
A
A
A
B
A
Retail and Consumer Service
A
C
C
B
A
A
A
A
C
A
Utility Service and Transportation
A
B
B
B
A
A
A
A
B
A
Industrial (Excluding G10 Use)
B
C
C
C
B
B
A
A
C
B
Industrial (G10)
C
C
C
C
C
C
C
C
C
C
A3 – Intensive Agriculture
A5 – Riding Academy
A6 – Commercial Kennel
A9 – Farm Support Facility
B1 – Single-Family Detached
B1A – Single-Family Detached Exemption
B4 – Single-Family Detached Enhanced Density
B7 – Country Property
G10 – Outside Storage
Table 27-516-2 Planting Options
The options below indicate the amount of plant material that is required per linear foot of property line. Plantings shall be placed within the minimum required width of the buffer area. The Board of Supervisors may permit staggering or grouping of plant materials provided a satisfactory buffer is achieved.
BUFFER YARD CLASS
WIDTH OF BUFFER YARD
OPTIONS
(choice of one within class category)
A
25 feet
1. One canopy tree per 40 feet; plus one evergreen tree per 60 feet
2. One flowering tree per 40 feet; plus one evergreen tree per 60 feet
B
50 feet
1. One canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one evergreen tree per 60 feet
2. One canopy tree per 40 feet; plus one flowering tree per 60 feet; plus one hedge on lot line (three-foot centers except as noted in Table 27-516-3)
3. One flowering tree per 40 feet; plus one evergreen tree per 25 feet
C1
100 feet
1. One canopy tree per 40 feet; plus one evergreen tree per 20 feet; plus one shrub per four feet
2. One flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one hedge on lot line (three-foot centers except as noted in Table 27-516-3)
3. One flowering tree per 40 feet; plus one evergreen tree per 20 feet; plus one berm four feet high
Notes:
1The required buffer yard width may be reduced by the Board of Supervisors where the applicant demonstrates that the reduced buffer yard will have the same buffering effect of the required buffer yard through the use of screening and landscaping techniques in accordance with the following standards:
a.
For buffers 75 feet to 99 feet in width, the quantity of plant materials as set forth in §27-516 Table 27-516-2 shall be increased by 15%.
b.
For buffers 50 feet to 74 feet in width, the quantity of plant materials as set forth in §27-516 Table 27-516-2 shall be increased by 25%.
c.
The use of earth sculpting or berms may be required as an integral part of the buffer area whenever topography and lack of existing woodlands permit. The minimum height for such earth sculpting or berms shall be five feet. Such earth sculpting or berms shall not block the clear sight distance required at intersections and driveways and; however, informal grouping that reflect the natural character of the land are encouraged. In addition, the Board of Supervisors may require a specific arrangement (e.g., double-alternating row) of a specific plant material.
Table 27-516-3 Plant Materials List
Other species may be substituted upon approval by the Township if they are not invasive plants or a noxious weed, are hardy to the area, are not subject to blight or disease, are appropriate for the site conditions, and are of the same general character and growth habit as those listed below.
Native plants are indicated in the list below with an asterisk “*”. The Township strongly encourages the use of native species to be used for required or optional plantings wherever possible.
Canopy Trees (2½ – 3 inches caliper minimum)
 
Acer rubrum – Red Maple*
 
Acer saccharum – Sugar Maple*
 
Betula pendula – European White Birch
 
Betula nigra – River Birch*
 
Carya ovata – Shagbark Hickory*
 
Celtis occidentalis – Common Hackberry*
 
Fagus grandifolia – American Beech*
 
Ginkgo biloba – Ginkgo (male)
 
Gleditsia triacanthos var. inermis – Thornless Honey Locust*
 
Liquidambar styraciflua – Sweet Gum*
 
Liriodendron tulipifera – Tulip Tree*
 
Nyssa sylvatica – Sour Gum*
 
Platanus acerifolia – London Plane Tree
 
Platanus occidentalis – American Sycamore*
 
Populus tremuloides – Quaking Aspen*
 
Quercus alba – Northern White Oak*
 
Quercus bicolor – Swamp White Oak*
 
Quercus coccinea – Scarlet Oak*
 
Quercus palustris – Pin Oak1
 
Quercus phellos – Willow Oak*
 
Quercus rubra – Red Oak*
 
Robina psuedoacacia inermis – Thornless Black Locust*
 
Tilia – Linden (all native species hardy to the area)*
 
Ulmus americana – American Elm (use only cultivars with resistance to Dutch elm disease)*
 
Zelkova serrata – Japanese Zelkova
 
Flowering Trees (2 – 2½ inches caliper)
 
Amelanchier canadensis – Shadblow Serviceberry, Canadian Serviceberry*
 
Cercis canadensis – Eastern Redbud*
 
Carpinus caroliniana – American Hornbeam*
 
Chionanthus virginicus – White Fringetree*
 
Cladrastis kentukea – American Yellowwood*
 
Cornus florida – Flowering Dogwood*
 
Crataegus phaenopyrum – Washington Hawthorn*
 
Diospyros virginiana – Common Persimmon*
 
Franklinia alatamaha – Franklin Tree
 
Hamamelis virginiana – Common Witchhazel*
 
Magnolia soulangeana – Saucer Magnolia
 
Magnolia virginiana – Sweetbay Magnolia*
 
Malus species – (Plant only native varieties with demonstrated disease resistance)
 
Ostrya virginiana – Eastern Hophornbeam*
 
Oxydendrum arboreum – Sourwood
 
Sassafras albidum – Sassafrass*
 
Evergreen Trees (six feet to eight feet high minimum)2
 
Abies concolor – White Fir
 
Chamaecyparis thyoides – Atlantic White Cedar
 
Cupressocyparis x leylandii – Leyland Cypress
 
Ilex opaca – American Holly*
 
Juniperus virginiana – Eastern Redcedar*
 
Picea abies – Norway Spruce
 
Picea glauca – White Spruce
 
Picea mariana – Black Spruce
 
Picea pungens – Colorado Spruce
 
Pinus nigra – Austrian Pine
 
Pinus strobus – Eastern White Pine*
 
Taxodium distichum – Bald Cypress
 
Thuja orientalis – Oriental Arborvitae
 
Tsuga canadensis – Canadian Hemlock, Eastern Hemlock*
 
Tsuga caroliniana – Carolina Hemlock
 
Hedge (four feet high minimum)
 
Chamaecyparis thyoides – Atlantic White Cedar
 
Crataegus punctata – Thicket Hawthorn*
 
Forsythia intermedia – Border Forsythia
 
Juniperus virginiana – Eastern Red Cedar*
 
Pinus strobus – Eastern White Pine*
 
Pyracantha coccinnea lalandei – Scarlet Firethorn
 
Rhamnus frangula ‘columnaris’ – Tallhedge Buckthorn
 
Syringa vulgaris – Common Lilac
 
Taxus cuspidata – Upright Yew
 
Taxus x media ‘hicksii’ – Hicks Yew
 
Thuja occidentalis – American Arborvitae
 
Tsuga canadensis – Canadian Hemlock, Eastern Hemlock*
 
Shrubs (24 – 36 inches high minimum)
 
Aronia arbutifolia – Red Chokeberry*
 
Aronia melanocarpa – Black Chokeberry*
 
Calycanthus floridus – Common Sweetshrub
 
Cephalanthus occidentalis – Common Buttonbush*
 
Clethra alnifolia – Summersweet Clethra*
 
Cornus sericea – Red-Osier Dogwood
 
Corylus americana – American Hazelnut*
 
Corylus cornuta – Beaked Hazelnut*
 
Euonymus americanus – Strawberry Bush*
 
Hamamelis vernalis – Vernal Witch Hazel
 
Hamamelis virginiana – Common Witch Hazel*
 
Hydrangea arborescens – Wild Hydrangea*
 
Ilex glabra – Inkberry*
 
Ilex verticillata – Common Winterberry*
 
Itea virginica – Virginia Sweetspire
 
Kalmia latifolia – Mountain Laurel*
 
Leucothoe axillaris – Coast Leucothoe
 
Leucothoe fontanesiana – Drooping Leucothoe
 
Leucothoe racemosa – Fetterbush*
 
Lindera benzoin – Spicebush, Northern Spicebush*
 
Morella pensylvanica – Northern Bayberry *
 
Prunus americana – American Plum*
 
Prunus pumila – Great Lakes Sand Cherry*
 
Prunus serotina – Black Cherry*
 
Prunus virginiana – Choke Cherry*
 
Rhododendron carolinianum – Carolina Rhododendron
 
Rhododendron maximum – Rosebay Rhododendron*
 
Rhus copallinum – Winged Sumac, Dwarf, Flameleaf or Shining Sumac*
 
Rhus glabra – Smooth Sumac*
 
Rhus typhina – Staghorn Sumac*
 
Rubus occidentalis – Black Raspberry, Black Cap Raspberry, Thimbleberry or Scotch Cap*
 
Sambucus racemosa – Red Elder, Red Elderberry or Red-Berried Elder*
 
Symphoricarpos albus – Common Snowberry*
 
Symphoricarpos orbiculatus – Coral Berry, Buckbrush or Indian Currant*
 
Vaccinium corymbosum – Highbush Blueberry*
 
Viburnum acerfolium – Mapleleaf Viburnum, Maple-Leaf Arrowwood*
 
Viburnum dentatum – Arrowwood Viburnum, Southern Arrowwood*
 
Viburnum lentago – Nannyberry*
 
Viburnum recognitum – Smooth Arrowwood, Southern Arrowwood*
 
Viburnum tribolum – American Cranberrybush
 
Zanthoxylum americanum – Toothache Tree, Northern Prickly Ash*
 
Ground Covering Plants (Planting size varies; see minimum size of species)3
 
Achillea varieties – Yarrow
Min. Size: 2¼" pot
Acorus calamus – Sweet Flag
Min. Size: 2¼" pot
Andropogon varieties – Bluestem Grass
Min. Size: quart container
Aquilegia canadensis – Red Columbine*
Min. Size: 2¼" pot
Arctostaphylos uva-ursi – Bearberry
Min. Size: 1 gal. container
Asclepias tuberosa – Butterfly Weed*
Min. Size: 2¼" pot
Baptisia varieties – False Indigo
Min. Size: 2¼" pot
Bidens varieties – Beggarticks
Min. Size: 2¼" pot
Campanula varieties – Bellflower
Min. Size: 2¼" pot
Carex varieties – Sedge
Min. Size: 2¼" pot
Chelone glabra – White Turtlehead*
Min. Size: 2¼" pot
Chrysanthemum – Ox-Eye Daisy
Min. Size: 2¼" pot
Coreopsis varieties – Coreopsis
Min. Size: 2¼" pot
Cosmos bipinnatus – Cosmos
Min. Size: 2¼" pot
Dennstaedtia punctilobula – Hay-Scented Fern
Min. Size: 2¼" pot
Dryopteris erythrosora – Autumn Fern
Min. Size: 2¼" pot
Echinacea purpurpea – Purple Coneflower
Min. Size: 2¼" pot
Eupatorium perfoliatum – Common Boneset*
Min. Size: quart container
Eutrochium dubium – Coastal Plain Joe Pye Weed*
Min. Size: quart container
Eutrochium fistulosum – Trumpetweed*
Min. Size: quart container
Eutrochium purpureum – Sweet-Scented Joe-Pye Weed*
Min. Size: quart container
Fragaria virginiana – Virginia Strawberry*
Min. Size: 2¼" pot
Gallardia varieties – Indian Blanketflower
Min. Size: 2¼" pot
Geranium maculatum – Spotted Cranesbill*
Min. Size: 2¼" pot
Helenium autumnale – Sneezeweed*
Min. Size: 2¼" pot
Helianthus angustifolius – Swamp Sunflower*
Min. Size: 2¼" pot
Helianthus divaricatus – Woodland Sunflower*
Min. Size: 2¼" pot
Heliopsis helianthoides – Smooth Oxeye*
Min. Size: 2¼" pot
Heuchera varieties – Coral Bells
Min. Size: 2¼" pot
Hypericum varieties – St. John’s Wort
Min. Size: 2¼" pot
Juniperus conferta – Shore Juniper
Min. Size: 3 gal. container
Juniperus horizontalis – Creeping Juniper
Min. Size: 3 gal. container
Liatris spicata – Gayfeather, Dense Gayfeather*
Min. Size: 2¼" pot
Lilium canadense – Canadian Lily*
Min. Size: 2¼" pot
Lilium superbum – Turk’s Cap Lily*
Min. Size: 2¼" pot
Lobelia varieties – Lobelia
Min. Size: 2¼" pot
Lysimachia varieties except nummularia – Loosestrife
Min. Size: quart container
Matteuccia struthiopteris – Ostrich Fern*
Min. Size: 2¼" pot
Monarda didyma – Scarlet Beebalm*
Min. Size: 2¼" pot
Monarda fistulosa – Oswego Tea*
Min. Size: 2¼" pot
Osmunda cinnamomea – Cinnamon Fern*
Min. Size: 2¼" pot
Osmunda regalis – Royal Fern*
Min. Size: 2¼" pot
Pachysandra procumbens – Alleghany Pachysandra
Min. Size: 2¼" pot
Panicum virgatum – Switchgrass*
Min. Size: 1 gal. container
Penstemon varieties – Beardtongue
Min. Size: 2¼" pot
Phlox varieties – Phlox
Min. Size: 2¼" pot
Poa varieties except trivalis – Bluegrass
Min. Size: quart container
Polystichum acrostichoides – Christmas Fern*
Min. Size: 2¼" pot
Pycnanthemum tenuifolium – Narrowleaf Mountain Mint*
Min. Size: 2¼" pot
Pycnanthemum virginianum – Virginia Mountain Mint*
Min. Size: 2¼" pot
Ratibida pinnata – Gray-Head Mexican Hat, Prairie or Yellow Coneflower*
Min. Size: 2¼" pot
Rudbeckia hirta – Black-Eyed Susan*
Min. Size: 2¼" pot
Spartina pectinata – Freshwater Cord Grass, Prairie Cordgrass, Sloughgrass or Tall Marshgrass*
Min. Size: quart container
Solidago varieties – Goldenrod
Min. Size: 2¼" pot
Symphyotrichum laeve – Smooth Blue American Aster*
Min. Size: 2¼" pot
Symphyotrichum lateriflorum – Farewell-Summer, Calico Aster or White Woodland Aster*
Min. Size: 2¼" pot
Symphyotrichum novae-angliae – New England American Aster, Hairy Michaelmas Daisy or Michaelmas Daisy*
Min. Size: 2¼" pot
Symphyotrichum patens – Late Purple American Aster, Spreading Aster*
Min. Size: 2¼" pot
Vaccinium vitis-idaea – Mountain Cranberry
Min. Size: 1 gal. container
1Pin Oak is not appropriate as a street tree or adjacent to pedestrian areas.
2It is recommended that two or more species of evergreen trees be used in a buffer yard planting.
3It is recommended that three or more species of ground covering plants be used in a buffer yard planting.
Table 27-516-4 Supplemental Plant Materials List
The following is a list of native plants that do not fulfill the requirements to be used as canopy trees, flowering trees, evergreen trees, hedges, shrubs, or ground covers as required by ordinance. This list is included to offer additional recommendations for plants to be used in other locations for landscaping on a site.
Acer negundo – Ash-Leaf Maple, Box Elder*
Arisaema triphyllum – Jack-in-the-Pulpit*
Impatiens capensis – Spotted Touch-Me-Not, Spotted Jewelweed*
Juglans nigra – Black Walnut*
Lonicera sempervirens – Trumpet Honeysuckle*
Morus rubra – Red Mulberry*
Oenothera biennis – King’s-Cureall, Evening Primrose*
Schizachyrium scoparium – Little False Bluestem, Beard Grass*
Silphium asteriscus – Starry Rosinweed*
Silphium perfoliatum – Cup-Plant*

§ 27-517 Performance Standard Bonuses.

[Ord. 251, 11/14/2011]
1. 
An increase in the density or impervious surface ratio may be achieved by meeting the specific criteria outlined below. All other standards of this Chapter must be met in order to get the bonuses. The various bonuses are additive. For example:
Suburban Residential Low District
Base Density
2.75
Density Bonuses
 
Open Space
10%
Fire Equipment
5%
 
15%
Permitted Density 2.75 x 1.15 = 3.16 (rounded to nearest hundredth)
A. 
Open Space. A density bonus of 10% shall be permitted when the open space ratio is increased by five percentage points (for example, from 35% to 40%), provided that such an increase is not the result of meeting the minimum open space requirements of §27-511, “Site Capacity Calculations.” This density bonus shall apply to Uses B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, and B6 Mobile Home Park only.
B. 
School Site. A density bonus of 10% shall be permitted for the provision of a school site. 50% of the area of the school site may be counted towards meeting the minimum open space requirement for the development. The proposed site shall meet the approval of the Quakertown Community School District, governing body, Planning Commission, Bucks County Planning Commission and PA State Board of Education It shall be the option of the Quakertown Community School District to accept such dedication. This density bonus shall apply to Uses B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, and B6 Mobile Home Park only.
C. 
Water Systems. A maximum total water system density bonus of 5% shall be permitted for residential developments when a developer dedicates any of the following facilities:
(1) 
Dedication of an existing water company, its facilities and service area to the municipality.
(2) 
Construction and dedication of wells and/or standpipes needed to provide water pressure.
(3) 
Construction of a trunk service main, sized to municipal specifications to serve a segment of the development district.
All designs shall be subject to the approval of the Municipal Engineer, Planning Commission, Water Authority, and governing body. This provision specifically does not apply to the dedication of normal service mains which are required of all developments.
D. 
Fire Equipment or Facilities. A density bonus of 5% shall be permitted for residential developments where the developer provides a cash contribution per dwelling unit to the governing body for disbursement for fire equipment or facilities. An impervious surface ratio bonus of 5% or a floor area ratio bonus of 10% shall be permitted for nonresidential developments where the developer provides a cash contribution per square foot of building area to the governing body for disbursement of fire equipment or facilities. The cash contribution shall be in accordance with a fee schedule adopted by resolution of the governing body.
E. 
Transportation. A density bonus not in excess of 15% may be permitted at the sole discretion of the Board of Supervisors for any residential development where the applicant proposes to construct substantial off-site traffic improvements which have previously been identified by the Township as necessary to promote the health, safety, and welfare of the Township. The Board of Supervisors, at its sole discretion, may accept a fee-in-lieu of said improvements in an amount to be determined solely by the Board of Supervisors. The Board of Supervisors, with the advice of the Township’s traffic engineer, shall be solely responsible for determining what constitutes substantial off-site traffic improvements. The Board of Supervisors shall be solely responsible for determining the percentage of the density bonus to be applied.

§ 27-518 Use of Historic Structures.

[Ord. 251, 11/14/2011]
1. 
In order to encourage the continued use of historic resources and facilitate their appropriate reuse and to regulate the use of places having unique historical or patriotic interest or value, the following regulations are established.
A. 
Eligibility. The following structures are eligible to utilize the provisions included within this Chapter:
(1) 
All structures listed in the National Register of Historic Places.
(2) 
Structures certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3) 
All structures individually listed on the Pennsylvania Register of Historic Places.
(4) 
All structures listed on the Richland Township Historic Resources Survey as compiled by the Heritage Conservancy and approved by the Township Board of Supervisors (included as Appendix 27-D of this Chapter).
B. 
Additional Use Opportunities.
(1) 
In addition to the uses permitted by right or conditional use in the various zoning districts as established by this Chapter, each historic resource shall be eligible for additional use opportunities as described herein. These use opportunities shall be in addition to any use currently being made of the property, subject to the standards and procedures contained in applicable sections of this Chapter and the additional requirements set forth below:
Use
Permitted by Conditional Use in These Districts
B2 Residential Conversion
PC, PI
C4 Library or Museum
RP, RA, SRC, SRL
D1 Office
RP, RA, SRC, SRL, SRM
E1 Retail Shop
RP, RA, SRC, SRI, SRM, SRH, URL
H14 Bed and Breakfast
PC, PI
(2) 
Uses which may be permitted as additional uses shall be subject to the following considerations:
(a) 
No historic resource may be enlarged beyond what is minimally necessary to accommodate the additional use.
(b) 
The granting of the conditional use shall be deemed by the Board of Supervisors to be necessary to the preservation of the historic resource.
(c) 
The granting of the conditional use shall be deemed by the Board of Supervisors to have minimal detrimental effects on neighboring properties.
(3) 
Design Standards. Any proposed rehabilitation, alteration or enlargement of an historic resource shall be in substantial compliance with the United States Department of Interior’s Standards for Rehabilitation, as listed below:
(a) 
Every reasonable effort shall be made to provide compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
(b) 
The distinguishing original qualities or character of a building or structure and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(c) 
All buildings and structures shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(d) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building or structure shall be treated with sensitivity.
(e) 
Deteriorated architectural features should be repaired rather than replaced, wherever possible, using materials which match the original materials in design, color, texture and appearance.
(f) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood and environment.

§ 27-519 Lighting.

[Ord. 251, 11/14/2011]
1. 
Glare.
A. 
The lighting plan in and around parking areas shall provide for non-glare lights focused downward. The incident light intensity provided at ground level shall be a minimum of 0.3 foot-candle anywhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building; whichever is less.
B. 
The objective of these specifications is to minimize undesirable offpremises effects. No use shall produce glare off the premises by illumination originating on the premises. No bare or direct light source shall be visible beyond the lot lines. Only diffused or reflected lights shall be visible beyond the lot line. Illumination from light originating on the site shall not exceed 0.5 foot-candle at the lot line. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver’s vision.
C. 
No sodium vapor lights shall be permitted.

§ 27-531 Noise.

[Ord. 251, 11/14/2011]
1. 
Terminology. All technical terminology not defined below shall be defined in accordance with applicable publications of the American National Standard Institute (Acoustical Terminology, ANSI, [S1.1-1960] (R1976) with its latest approved revisions.
AMBIENT SOUND
The all encompassing background noise levels associated with a given environment being a composite of sound from many sources near and far, excluding the sound source.
CONTINUOUS SOUND
Any sound which is steady state, fluctuating or intermittent with a recurrence greater than one time in any five-minute interval.
IMPACT SOUND
Sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any one-hour interval.
LAND USE
The actual real use of land and buildings regardless of the zoning or other classification attributed to such land and buildings.
NOISE DISTURBANCE
When a noise level produced exceeds permissible sound levels as listed in this Chapter.
NORMAL RESIDENTIAL ACTIVITIES
Any sound which is generated as a result of an owner or occupier of a residence exercising his normal and usual right to enjoy, maintain, repair, or improve said residence or the real property upon which the residence is located.
SOUND SOURCE
The noise source which is being evaluated to determine its conformance with permissible sound levels.
2. 
Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the standards as published by the American National Standard Institute (ANSI, Standard Specification for Sound Level Meters, 51.4-1983 and ANSI S1.13-1971, “Standard Methods for the Measurement of Sound Pressure Levels”) with its latest revisions or may be done manually as follows:
A. 
Observe the ambient sound on a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
B. 
Conduct the observations 10 times randomly over a continuous 15 minutes, as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period; and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication. Record all observations.
C. 
Calculate the arithmetical average of the observed central tendency indications. This value is the ambient sound level.
D. 
Observe a sound level meter for five seconds with the sound source operating and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
E. 
Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of a fifteen-minute period and that there shall be at least as many observations as there are decibels between the lowest low indication and highest high indication.
F. 
Calculate the arithmetical average of the observed central tendency indications. This is the sound level of the ambient sound plus the sound source (total sound level).
G. 
If the difference between the ambient sound and the sound source is 10dBA or greater, the measured sound level is an accurate measurement of the sound source. This value should be compared to the permitted sound levels in Table 27-531-1.
H. 
Due to the logarithmic nature of sound, if the difference between the ambient sound level and the total sound level is less than 10dBA, a correction factor shall be applied. The correction factors are noted in the table below:
Total Sound Level Minus Ambient Sound Level
Correction Factor To Be Subtracted from Total Sound Level
10
0
9
1
8
1
7
1
6
1
5
2
4
2
3
3
2
4
1
7
I. 
The total sound level less the correction factor s compared to the permitted sound levels in Table 27-531-1.
3. 
Sound Levels. No person shall operate or cause to be operated within the municipality any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at the property boundary of the receiving land use, during the times specified in Table 27-531-1.
Table 27-531-1 Continuous Sound Levels
Receiving Land Use Category
Time
Sound Level Limit
I.
Residential, Public Space, Open Space, Agricultural, or Institutional
7:00 a.m.–10:00 p.m.
55 dBA
 
 
10:00 p.m.–7:00 a.m., plus Sundays & legal holidays
50 dBA
II.
Office, Commercial, or Business
7:00 a.m.–10:00 p.m.
65 dBA
 
 
10:00 p.m.–7:00 a.m., plus Sundays & legal holidays
60 dBA
III.
Industrial
At all times
70dBA
For any source of sound which emits an impact sound, the excursions of sound pressure level shall not exceed 20 dBA over the maximum sound level limits set forth in Table 27-531-1 above; provided, that in no case shall they exceed 80 dBA, or receiving land use, using the “fast” meter characteristic of a Type II meter, meeting the American National Standard Institute specifications S1.4-1983.
4. 
Specific Prohibitions. The following acts and the causes thereof are declared to be in violation of this Chapter.
A. 
Operating, playing, or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real property line.
B. 
Owning, possessing, or harboring any animal which frequently or for any continued duration howls, barks, or makes any other sound so as to create a noise disturbance across any real property boundary.
C. 
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. or on Sundays if such operation creates a noise disturbance across a real property boundary line. This Section does not apply to domestic power tools or to vehicles which are duly licensed, registered and inspected for operation on public highways.
D. 
Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause a noise disturbance across a real property boundary.
E. 
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snow blower or similar device (used outdoors) between the hours of 9:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across a real property boundary.
5. 
Exceptions. The maximum permissible sound levels by receiving land use established in Subsection 3 shall not apply to any of the following noise sources:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. 
Work to provide electricity, water, or other public utilities when public health or safety is involved.
C. 
Licensed game hunting activities on property where such activities are authorized.
D. 
Agriculture.
E. 
Motor vehicle operations on public streets.
F. 
Public celebrations, specifically authorized by the municipality.

§ 27-532 Smoke, Ash, Dust, Fumes, Vapors and Gases.

[Ord. 251, 11/14/2011]
1. 
There shall be no emission of smoke, ash, dust, dirt, fumes, vapors or gases which violate the Pennsylvania air pollution control laws or other regulations of the Pennsylvania Department of Environmental Protection (DEP) or the U.S. Environmental Protection Agency.
2. 
The emission of smoke, ash, dust, dirt, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation, or to property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.

§ 27-533 Heat.

[Ord. 251, 11/14/2011]
No use shall produce heat perceptible beyond its lot lines.

§ 27-534 Odor.

[Ord. 251, 11/14/2011]
1. 
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.
2. 
Subsection 1 above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced off of the property shall be stockpiled unless processed to eliminate all offensive odors.

§ 27-535 Glare.

[Ord. 251, 11/14/2011]
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. All development is subject to the lighting requirements found in §27-519.

§ 27-536 Vibrations.

[Ord. 251, 11/14/2011]
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity.

§ 27-537 Storage and Waste Disposal.

[Ord. 251, 11/14/2011]
1. 
No storage of flammable or combustible liquids in excess of 30 gallons shall be permitted unless written approval has been obtained from the Director of the Pennsylvania State Police, Fire Marshal Division. This requirement shall not apply to domestic fuel oil heating systems.
2. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces. No substance which can contaminate any stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection (DEP).
3. 
All materials or wastes which might cause fumes 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 if enclosed in containers adequate to eliminate such hazards.
4. 
All construction debris resulting from any improvement due to a subdivision and/or land development shall not be buried or burned and shall be wholly contained in dumpsters that are to be periodically hauled off the property with the trash contained therein properly disposed.

§ 27-538 Radioactivity and Electrical Disturbance.

[Ord. 251, 11/14/2011]
1. 
Any use which emits dangerous or harmful radioactivity shall be prohibited. 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, Pa.Code, of the Pennsylvania Department of Environmental Protection (DEP) rules and regulations.
2. 
No use shall produce an electrical disturbance which adversely affects the operation of any equipment beyond its property line. This requirement shall not apply to electronic and electrical equipment which meet the applicable standards of the Federal Communications Commission (FCC), the Underwriters Laboratories (UL), and the Electronics Industries Association (EIA).

§ 27-541 General Regulations Applicable to Off-Street Parking Facilities.

[Ord. 251, 11/14/2011; as amended by Ord. 280, 12/11/2017]
1. 
Existing Parking. Parking for existing structures and uses that were established after March 29, 1999, shall be made to comply with Part 5, “Parking Performance Standards,” when the structure or use changes. Parking for existing structures and uses shall not be permitted to decline and failure to keep these parking areas in satisfactory condition (i.e., free from holes or clearly delineated) shall be considered a violation of this Chapter.
2. 
Change in Requirements. Whenever there is an alteration of a structure or an expansion of a use which increases the parking requirements according to the standards of §27-405, additional parking shall be provided for the alteration or expansion in accordance with the requirements of that Section. Whenever there is a change of use which increases the parking requirements according to the standards of §27-405, the total amount of parking required for the new use shall be provided in accordance with the requirements of that Section.
3. 
Conflict with Other Uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
4. 
Continuing Character of Obligation. All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board as a special exception and then only after proof that, by reason of diminution in floor area, seating area or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Chapter. Reasonable precautions shall be taken by the owner or sponsor of a particular use to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
5. 
Joint Use. Where a parking area is intended for the joint use of two or more distinct land use activities, the total parking area required shall be the same as required for those uses computed separately, minus 10% of the total number of spaces required.
A. 
Where a proposed use intends to share parking facilities with another use, the Township, before authorizing a building permit, shall require guarantees, agreements, covenants or similar arrangements between the parties involved to insure that adequate parking will always be available and accessible for both properties.
B. 
Exceptions to these provisions may be provided by the Township, during the land development approval process in those cases where uses have parking demands that do not coincide in time of day or in the day of the week, such as churches and businesses, theaters and businesses, or churches and schools. In considering such exceptions, the Township shall consider:
(1) 
The nature of the uses and their respective parking demands;
(2) 
Their hours of operation and the days of the week during which they operate;
(3) 
The location of the parking area intended for joint use and its proximity to the uses; and
(4) 
The nature of the surrounding area and the potential impact of a parking area intended for joint usage.
C. 
In no event shall the parking requirements for the respective uses be reduced to less than 70% of that normally required by this Article. The Township, before authorizing a building permit, shall secure such guarantees, agreements, covenants or similar arrangements as are necessary to insure that adequate parking will always be provided and accessible.
6. 
Location of Parking Spaces. Required off-street parking spaces shall be located on the same lot or premises with the principal use served. Where a nonresidential use cannot meet this requirement, the required off-street parking may be located within 300 feet of the premises to which they are appurtenant; however, pedestrian access from the parking facility to the nonresidential use shall be provided.
7. 
Fractional Measurements. If in determining the number of required off-street parking spaces there results a fractional space, any fraction up to and including one-half shall be disregarded and any fraction over one-half shall require one space.
8. 
Maintenance of Parking Areas. For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Municipal Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location.
9. 
Off-Street Parking Space Requirements.
Use
Recommended Off-Street Parking Requirement
A1
General Farming
No minimum requirement
A2
Nursery
No minimum requirement
A3
Intensive Agriculture
No minimum requirement
A4
Forestry
No minimum requirement
A5
Riding Academy
1 space per 3 stalls
A6
Commercial Kennel
1 space for each 400 square feet of gross floor area (including runs)
A7
Agricultural Retail
1 space for each 400 square feet of sales area plus spaces needed for primary use
A8
Farm Unit
2 spaces per dwelling unit
A9
Farm Support Facility
1 space for each 500 square feet of total floor area
B1
Single-Family Detached
2 spaces per dwelling unit1
B1A
Single-Family Detached Exemption
2 spaces per dwelling unit1
B2
Residential Conversion
2 spaces per dwelling unit1
B3
Rooming or Boarding House
Determined by ZHB based on number of occupants
B4
Single-Family Detached Enhanced Density
2 spaces per dwelling unit1
B5
Performance Standard Subdivision
3 spaces per dwelling unit1, with the option to be reduced as recommended by the Planning Commission and approved by the Board of Supervisors, plus 0.5 space per dwelling unit provided on-street or in common lot within development
B6
Mobile Home Park
2 spaces per dwelling unit1
B7
Country Property
2 spaces per dwelling unit1
B8
Urban Dwelling
2 spaces per dwelling unit1
B9
Life Care Facility
1 space per bedroom
B10
Community/Group Home
1 space per 2 residents at max capacity
C1
Place of Worship
1 space for every 4 seats provided within the largest gathering space (church hall, sanctuary, meeting area, etc.)
C2
School
Elementary and Middle School: 2 spaces per classroom and office, plus 1 space per 100 square feet of the principal assembly area
High School: 2 spaces per classroom and office, plus 1 parking space for each 3 seats in either the auditorium or stadium, whichever is larger
College: 1 per 500 square feet of GFA of campus buildings exclusive of dormitories, which must comply with the H5 requirements
C3
Commercial School
1 parking space per 100 square feet of GFA
C4
Library or Museum
1 space per 300 square feet of GFA
C5
Recreational Facility (For purposes of parking, all recreational facilities and athletic facilities shall be required to provide the cumulative number of spaces as indicated herein)
Court, Basketball: 5 spaces per court
Court, Tennis/Pickleball: 3 spaces per court
Dog Park: 1 space per 1,000 square feet
Field, Diamond: 20 spaces per field
Field, Rectangle: 30 spaces per field
Picnic Shelter: 1 space per table
Playground: 1 space per 1,000 square feet
Indoor Pool: 20 spaces per pool
Outdoor Pool: 20 spaces per pool
Trail Head: 1 space per 1,000 linear feet of trail
Nonprogrammed parkland/passive recreation2: 5 spaces per acre
All other indoor facilities: 1 space per 250 square feet of enclosed GFA
C6
Private Recreational Facility
Court, Basketball: 5 spaces per court
Court, Tennis/Pickleball: 3 spaces per court
Dog Park: 1 space per 1,000 square feet
Field, Diamond: 20 spaces per field
Field, Rectangle: 30 spaces per field
Picnic Shelter: 1 space per table
Playground: 1 space per 1,000 square feet
Indoor Pool: 20 spaces per pool
Outdoor Pool: 20 spaces per pool
Trail Head: 1 space per 1,000 linear feet of trail
Firing range: 5 spaces plus 1 per firing position
Nonprogrammed parkland/passive recreation2: 5 spaces per acre
All other indoor facilities: 1 space per 250 square feet of enclosed GFA
C7
Golf Course
3 spaces per hole
Where a club house is provided, an additional 1 space for every 150 square feet of GFA
Where a driving range is provided, an additional 1 space per tee
C8
Private Club
1 space for each 3 persons of total capacity
C9
Community Center
1 space per 250 square feet of GFA (indoor) or of site area accessible to customers, patrons, guests, etc. (outdoor) or combination thereof
C10
Day Care Center
1 space per 500 square feet of GFA
C11
Hospital
1 space per patient bed. When Uses C2, C3, C12, D1 and D2 are proposed in conjunction with a hospital, additional parking specified for the particular use shall be provided at a rate of 75% of the requirement
C12
Nursing Home
1 space per three patient beds
C13
Halfway House
3 spaces per every 5 beds
C14
Cemetery
1 space per 250 square feet of office space. Where a chapel or auditorium is provided, an additional 1 space per four seats. Internal roadways shall provide for parallel parking
C15
Recreational Camping Park
1 space per campsite. Where cabins are provided, 1 space per cabin
C16
Municipal Services
1 space per 200 square feet of GFA
D1
Office
1 space for each 300 square feet of GFA
D2
Medical Office
1 space for each 250 square feet of GFA
D3
Office Park
1 space for every 300 square feet of GFA
D4
Neighborhood Office Park
1 space for every 300 square feet of GFA
E1
Retail Shop
1 space for every 200 square feet of GFA
E2
Large Retail Store
1 space for every 300 square feet of GFA
E3
Service Business
1 space for every 150 square feet of GFA
E4
Financial Establishment
1 space per 300 square feet of GFA.
E5
Eating Place
1 space per 100 square feet of GFA
E6
Drive-Ins and Other Eating Places
1 space per 100 square feet of GFA
E7
Repair Shop
1 per 400 square feet of GFA
E8
Funeral Home or Mortuary
1 space per 4 seats provided for patron use
E9
Motel, Hotel and/or Inn
1.5 spaces per sleeping room, plus 1 space per each 400 square feet of meeting/eating areas. If accessory or additional uses proposed, additional parking specified for the particular use shall be provided at a rate of 75% of the requirement
E10
Indoor Entertainment
Theater: 1 space per every 4 seats
Bowling Alley: 3 spaces per lane
Other: 1 per 200 square feet of GFA
E11
Athletic Facility
Indoor Facilities: 1 space per 250 square feet of enclosed GFA
Outdoor Facilities:
Stadium or Arena: 1 space per 4 seats
Firing Range: 5 spaces plus 1 per firing position
Court, Basketball: 4 spaces per court
Court, Tennis/Pickleball: 3 spaces per court
Field, Diamond: 20 spaces per field
Field, Rectangle: 30 spaces per field
Picnic Shelter: 1 space per table
Playground: 1 space per 1,000 square feet
Indoor Pool: 20 spaces per pool
Outdoor Pool: 20 spaces per pool
Trail Head: 1 space per 1,000 linear feet of trail
E12
Outdoor Entertainment
Mini Golf: 2 spaces per hole
Other: 1 space per 3 people that the facility is designed for at max. capacity
E13
Tavern
1 space per 50 square feet of GFA
E14
Lumber Yard
1 space per 500 square feet of GFA
E15
Veterinary Office or Clinic
1 per 300 square feet of GFA
E16
Service Station
3 spaces per service bay, plus 1 space per gas pump, plus 1 space per 50 square feet of GFA of retail space
E17
Car Wash
4 spaces
E18
Automotive Sales
1 space for every 200 square feet of GFA
E19
Automotive Repair
3 spaces per service bay. Where retail store is provided, additional parking specified for that use shall be provided at a rate of 75% of the requirement
E20
Truck Sales
1 space per 300 square feet of GFA
E21
Parking Lot or Garage
No minimum requirement
E22
Multiple Commercial Use
Less than or equal to 50,000 square feet of gross floor area: 1 space per 250 square feet of GFA
More than 50,000 square feet of GFA: 1 space per 300 square feet of GFA
E23
Adult Commercial Use
1 space per 200 square feet of GFA
E24
Outdoor Motion Picture Establishment
No minimum required
E25
Vehicular Track or Course
1 space for every 4 seats provided at total capacity
E26
Flea Market
1 space for every 200 square feet of GFA and outdoor sales areas including pedestrian areas
E27
General Auction
1 space for every 200 square feet of GFA and outdoor sales/storage/auction areas
E28
Livestock Auction
No minimum required
E29
Vehicle Auction
No minimum required
E30
Dwelling in Combination
2 spaces per residential unit, plus spaces required for commercial or office use
F1
Utilities
2 spaces
F2
Emergency Services
4 spaces per emergency service vehicle. If there is community room, an additional 1 space per 50 square feet of meeting space shall be provided
F3
Terminal
TBD by governing body
F4
Airport or Heliport
TBD by governing body
F5
Commercial Communications Facilities
2 spaces for tower-based CCFs outside of rights-of-way
G1
Manufacturing
1 space per 1,000 square feet of GFA of manufacturing area, plus 1 space per 300 square feet of GFA of office or retail space
G2
Research
1 space per 300 square feet of GFA
G3
Wholesale Business, Wholesale Storage, Warehousing
1 space per 1,000 square feet of GFA of storage or warehouse area, plus 1 space per 300 square feet of GFA of office or retail area
G4
Mini-Warehouse
1 space per 20 units, plus 1 space per 300 square feet of GFA of office space. If living quarters are provided, then an additional 2 spaces are required
G5
Printing
1 space per 500 square feet of GFA
G6
Contracting
1 space per 500 square feet of GFA
G7
Truck Terminal
1 space per 500 square feet of GFA
G8
Crafts
1 space per 500 square feet of GFA
G9
Mill
1 space per 500 square feet of GFA
G10
Outside Storage
No minimum required
G11
Fuel Storage and Distribution
1 space per 500 square feet of GFA
G12
Industrial Park
1 space per 700 square feet of GFA
G13
Junkyard
1 space per 300 square feet of GFA plus 1 space per 10,000 square feet of outdoor storage and repair
G14
Extractive Operation
No minimum required
G15
Resource Recovery Facility
No minimum required
G16
Municipal Waste Landfill
No minimum required
G17
Flex Building
1 space per 400 square feet of GFA
G18
Solar Energy Commercial Operation
No minimum required
H1a
Accessory Professional Offices
1 space per 200 square feet of floor area of accessory use
H1b
Accessory Personal Services
1 space per 200 square feet of floor area of accessory use
H1c
Accessory Instructional Services
1 space per 200 square feet of floor area of accessory use
H1d
Accessory Home Crafts
1 space per 200 square feet of floor area of accessory use
H1e
Accessory Family Day Care
1 space, plus 1 space for loading/unloading
H1f
Accessory Group Child Day Care Center
3 spaces, plus 1 space for loading/unloading
H1g
Accessory Adult Day Care Center
1 space, plus 1 space for loading/unloading
H1h
Accessory Trades
1 space per 200 square feet of floor area of accessory use
H1i
Accessory Repair Services
1 space per 200 square feet of floor area of accessory use
H1j
Accessory No-Impact Home-Based Business
No minimum required
H2
Residential Accessory Building, Structure or Use
Boarding Accommodations: 1 space per boarder
H3
In-Law Suites
1 space
H4
School Bus Shelter
No minimum required
H5
Dormitory
1 space per sleeping room at maximum capacity
H6
Nonresidential Accessory Building or Structure
Minimum required same as most closely related nonresidential use
H7
Outside Storage and Display
No minimum required
H8
Temporary Structure or Use
No minimum required
H9
Temporary Community Event
No minimum required
H10
Air Landing Field
No minimum required
H11
Satellite Dish Antenna, Aerials, Masts, etc.
No minimum required
H12
Kennel - Hobby
No minimum required
H13
Noncommercial Kennel
No minimum required
H14
Bed and Breakfast
1 space per guest bedroom
H15
Off-Street Parking
No minimum required
H16
Signs
No minimum required
H17
Sale of Agricultural Products
No minimum required
H18
Outdoor Eating Areas
Subject to parking requirements of principal use
H19
Accessory Solar Energy Systems
No minimum required
H20
Accessory Wind Energy Systems
No minimum required
Notes:
1
A parking space within a garage may not count toward meeting the minimum parking requirement.
2
Nonprogrammed parkland includes passive recreation areas that are not scheduled for regular activities. Unusable park land such as steep slopes or natural areas should not be used in calculating parking space requirements.

§ 27-542 Reservation of Nonresidential Parking Requirements.

[Ord. 251, 11/14/2011]
1. 
In order to prevent the establishment of a greater number of parking spaces than is actually needed to serve nonresidential uses, a portion of the required parking can be held in reserve to be built at a later date, provided the following conditions are met:
A. 
This reservation of parking may be applied to all nonresidential uses as listed in §27-405 of this Chapter, subject to the conditions and requirements noted herein.
B. 
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this Chapter. The plan shall also illustrate the layout for the total number of parking spaces.
C. 
An applicant shall be permitted, as a matter of right, to reserve up to 20% of the required number of parking spaces, as specified for the specific use by this Chapter. Any additional reservation of the required number of parking spaces, in excess of 20%, shall be subject to approval by the governing body after consultation with the Planning Commission. All reserved parking shall be clearly indicated on the land development plan.
D. 
The land development plan shall indicate that the maximum permitted impervious surface coverage will not be exceeded if the total number of required parking spaces is provided.
E. 
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
F. 
The reserved parking area cannot be used to meet the parking requirements for future expansions of the facility.
G. 
The Zoning Officer, at any time, may determine that all or a portion of the reserved parking spaces are needed to satisfy the parking requirements for the particular use. Therefore, the developer shall agree that the reserved parking spaces shall be provided at the developer’s or owner’s expense at such a time as deemed necessary by the Zoning Officer, shall be included in the developer’s agreement, and shall be noted on the record plan. This agreement shall apply to any future owners of the property.

§ 27-543 Design Standards.

[Ord. 251, 11/14/2011]
1. 
Parking Lots (Common Parking Lot, Private Parking Lot). All off-street parking lots with a capacity of three or more vehicles shall comply with the standards for automobile parking facilities in the Richland Township Subdivision and Land Development Ordinance [Chapter 22].
2. 
Parking Garages (Common Parking Garage, Private Garage or Carport, Community Garage). The design standards specified below shall be required for all parking garages established after March 29, 1999.
A. 
The minimum dimensions of stalls and aisles shall be as follows:
(1) 
Stall width shall be at least 10 feet. Parking stalls next to a wall or pillar shall be one foot wider.
(2) 
Stall depth shall be at least 20 feet with said dimensions measured on the angle for all angle parking, and 22 feet for parallel parking.
(3) 
Minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle of the parking, shall be:
Angle of Parking
Minimum Aisle Width
Parallel
12 feet
30°
12 feet
45°
15 feet
60°
18 feet
90°
20 feet
(4) 
Minimum width of aisles providing access to stalls for two-way traffic shall be 24 feet.
B. 
Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.
(1) 
The width of accessways shall be:
(a) 
A minimum of 12 feet for one-way use only.
(b) 
A minimum of 24 feet for two-way use.
(c) 
A maximum of 35 at the street line and 54 feet at the curb line.
(2) 
Parking is prohibited along the length of an accessway.
C. 
There shall be a minimum transition of 12 feet on all ramps where they meet the parking floor.
D. 
Maximum grades: Parking floor–5%; ramp–10%; ramp transition–5%.
E. 
On circular ramp systems, the minimum outside radius on all turns shall be 34 feet.
F. 
Garage Entrance.
(1) 
There shall be a minimum stacking area beyond the entrance control point for 10 cars. The stacking areas shall not be in a public street, nor shall it interfere with vehicular circulation in the vicinity of the common parking garage.
(2) 
The grade of the ramp shall begin at least 25 feet beyond the control point.
G. 
Parking garages shall be subject to all minimum building setback requirements of this Chapter.

§ 27-544 Off-Street Loading.

[Ord. 251, 11/14/2011]
1. 
Off-street loading facilities shall be provided for any use hereafter established or enlarged which customarily receives or distributes goods or materials by trucks.
2. 
The off-street loading facilities provided shall be sufficient to accommodate the maximum number of trucks that will normally be loading, unloading or stored on the premises at any one time.
3. 
Off-street loading facilities shall be appropriately dimensioned and located with relation to the types of deliveries and pick-ups anticipated. Loading or unloading which takes place on a platform or dock raised to the height of a truck bed shall be designed to conform to the specifications for a loading berth. Loading or unloading which takes place at ground level shall be designed to conform to the specifications for a loading space.
A. 
Each loading berth shall be at least 14 feet in width and 55 feet in length and have at least 15 feet of vertical clearance.
B. 
Each loading space shall be at least 12 feet in width and 35 feet in length.
4. 
Off-street loading facilities required by this Chapter shall, in all cases, be on the same lot or parcel of land as the use they are intended to serve.
5. 
Off-street loading facilities shall have adequate and unobstructed access to a street, service drive or alley. Such facilities shall have adequate maneuvering space and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities, fire lanes or pedestrian ways or backing out onto a street.
6. 
Off-street loading facilities shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Municipal Engineer to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining property.
7. 
All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street loading facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that such reduction is in conformity with the requirements of this Chapter. Reasonable precautions shall be taken by the owner or sponsor of a particular use to assure the availability of required facilities to the delivery and pick-up vehicles they are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
8. 
All off-street loading facilities shall be located to the side or rear of the building.
9. 
Lighting of off-street loading facilities may be required at the discretion of the governing body. All artificial lighting used to illuminate loading facilities shall be so arranged that no direct rays from such lighting fall upon any neighboring property or streets.

§ 27-551 Lot Area or Yard Required.

[Ord. 251, 11/14/2011]
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. No required lot or area shall include any property, the ownership of which has been transferred subsequent to March 29, 1999, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

§ 27-552 Minimum Lot Area.

[Ord. 251, 11/14/2011]
Where a minimum lot area is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified in §§27-405 and 27-512, except as specified in Part 8, “Nonconformities.”

§ 27-553 Minimum Lot Width.

[Ord. 251, 11/14/2011]
1. 
Where a minimum lot width is specified, no primary building shall be erected on any part of a lot which has a width less than that specified in §§27-405 and 27-513, except as specified in Part 8, “Nonconformities,” and as permitted in Subsections 2 and 3 below.
2. 
On lots fronting on the turn-around of a permanent cul-de-sac, the governing body may permit the minimum lot width to be measured at a greater distance from the street line than the minimum front yard. The minimum front yard shall be measured parallel to the street line. However, such lots fronting on the turn-around of a permanent cul-de-sac shall have a minimum straight line distance of 45 feet between the points of intersection of the lot lines and the street line.
027 Cul de sac.tif
3. 
Lane Lot. A parcel of land which does not have the required minimum lot width at the minimum front yard line but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the lane) are parallel or nearly parallel. Lane lots may be permitted for tracts of land with limited frontage that would limit the number of lots with the required lot width, but with sufficient area in the rear of the tract for an additional lot or two. Lane lots are not permitted in a subdivision where a street could reasonably be developed to serve the lots with each meeting the minimum lot width requirement.
A. 
A lane lot shall be used for single-family detached dwellings, pump stations and package treatment plants only. However, the minimum lot size for pump stations and package treatment plants shall be ½ acre, regardless of underlying zoning.
B. 
Each lot shall have a separate lane; however, the use of common driveways shall be permitted.
C. 
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 street 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 street line and shall not narrow to a lesser dimension.
D. 
The area of the lane shall not be included in the calculation of the minimum lot area.
E. 
The front yard setback for a lane lot shall be a distance equal to the front yard requirement for the district in which the lot is located and shall be measured from the point where the lot first obtains the minimum lot width measurement.
F. 
No more than two lane lots shall be permitted in the subdivision of a tract of land even if lots are subdivided from the tract at different times.
G. 
Only one tier of lane lots shall be permitted on a tract.

§ 27-554 Traffic Visibility Across Corners.

[Ord. 251, 11/14/2011]
1. 
In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two feet above curb level and a horizontal plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear-sight triangle bounded by the two street lines (rights-of-way) and a straight line drawn between points on each such line 25 feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 50 feet from the intersection of said lines or extension thereof.
027 Clear Sight Triangles.tif
2. 
At each point where a private accessway intersects a public street or road, a clear-sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway shall be maintained within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.

§ 27-555 Future Rights-of-Way.

[Ord. 251, 11/14/2011]
1. 
Future right-of-way widths are established for those roads wherein the existing legal right-of-way is less than that indicated below for the particular class of road. The centerline of each future right-of-way shall be considered the same centerline as the existing right-of-way. The specific classification for each road is shown in Appendix 27-A, “Functional Classification of Streets for Richland Township Bucks County,” which accompanies and is hereby made a part of this Chapter.
2. 
Streets and their future rights-of-way shall be as follows:
A. 
Thoroughfares.
(1) 
Expressway. Future rights-of-way shall be as determined by the Pennsylvania Department of Transportation.
(2) 
Arterial Highways. Future rights-of-way shall be a minimum of 120 feet.
(3) 
Collector Highways. Future rights-of-way shall be 80 feet.
B. 
Local Streets.
(1) 
Primary Streets. Future rights-of-way shall be 60 feet.
(2) 
Rural Roads and Secondary Streets. Future rights-of-way shall be 60 feet.
(3) 
Marginal Access Street. The PC District is intended for development with marginal access streets. Future rights-of-way shall be 50 feet.

§ 27-556 Exceptions for Existing Building Alignment.

[Ord. 251, 11/14/2011]
1. 
A proposed building may be constructed nearer to the street than the required minimum front yard depth under the following conditions:
A. 
There are existing buildings which are nearer to the street than the required front yard depth on the lots on either side of the lot which would contain the proposed building.
B. 
The proposed building would front on the same side of the same street in the same block as the existing buildings on lots on either side.
C. 
The existing buildings on the lots on either side would be no greater than 50 feet from the proposed building.
D. 
The proposed building may be constructed at a front yard depth that is not less than the average of the front yard setbacks of the existing buildings on the lots on either side.

§ 27-557 Yard Requirements.

[Ord. 251, 11/14/2011]
No portion of a building or structure including porches, decks, patios and terraces shall be built within the required minimum front, side or rear yards, however, decks and patios may utilize up to 50% of the minimum yard, provided that the deck or patio does not have a roof enclosure, except as permitted in §§27-405, 27-558 and 27-559.

§ 27-558 Projections into Yards.

[Ord. 251, 11/14/2011]
1. 
Chimney flues, columns, sills, cornices, gutters and similar features, excluding fire escapes, may project into the required front yard not more than two feet.
2. 
Chimney flues, fire escapes, columns, sills, cornices, gutters and similar features may project into required side or rear yards up to one-third of the width of the projection, but not more than four feet in any case.

§ 27-559 Fences and Driveways in Yards.

[Ord. 251, 11/14/2011]
The provisions of §27-557 shall not apply to fences or hedges less than six feet above the natural grade. Driveways shall be permitted in front, side and rear yards. Fence facade shall face outwards to adjacent properties. Zoning permits are required.

§ 27-560 Exceptions to Building Height.

[Ord. 251, 11/14/2011]
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed the maximum building heights specified in Parts 4 and 5, except church spires, belfries, rooftop screening of equipment and architectural features not occupied by person or property, silos, water facilities, antennas, television facilities, masts, aerials, flagpoles or other structures necessary for providing water, electricity, heat, cooling, radio or similar facilities provided they are not used for human occupancy and are set back one and one-half times their height (from ground level to the top of the structure) from any property lines.

§ 27-561 General Requirements.

[Ord. 251, 11/14/2011]
1. 
B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, B6 Mobile Home Park and B7 Country Property shall meet the open space requirements of this Chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The approval of the final plan and other materials shall be construed as a contract between the landowner(s) and the municipality, and shall be noted on all applicable deeds.
2. 
Open space as part of B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, B6 Mobile Home Park and B7 Country Property Uses shall not include land occupied by commercial, industrial, residential or other nonrecreational buildings or structures, roads or road rights-of-way, parking areas for nonrecreational uses, land reserved for future parking areas for nonrecreational uses, stormwater detention or retention basins required as part of nonrecreational uses, areas occupied by sewage disposal systems (including, but not limited to, community sewage treatment systems, spray fields and other sewage facilities) that are associated with nonrecreational uses, or the yards or lots of dwelling units. A portion of the open space lands dedicated to Richland Township, as part of B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, B6 Mobile Home Park and B7 Country Property Uses, may be used and/or reserved for C16 Municipal Services as determined by the governing body; which shall not be subject to the restrictions contained in this Chapter and a portion of not less than 50% of each open space parcel dedicated to the municipality as part of B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, and B6 Mobile Home Park Uses shall remain open and freely accessible to the residents of the Township.
Additionally, Township owned open space, acquired as part of the dedication process for B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, B6 Mobile Home Park and B7 Country Property Uses shall not include sewage treatment plants, landfills, transfer stations, dumps, hospitals, cemeteries, residential development, commercial retail or industrial uses. Such land accepted and used by the Township for open space purposes shall be of a character consistent with the goals of the Township’s Comprehensive Plan and the Quakertown Area Linked Open Space Plan.
3. 
A portion of the open space must be set aside as recreation land in accordance with §27-511.C of this Chapter. Recreation land shall not include natural features with a 100% protection standard nor any portion of those natural features that may not be developed as specified in §27-514, “Environmental Performance Standards.” Recreation land may contain impervious surfaces as part of recreational facilities proposed by the developer. Such impervious surfaces shall be included in the calculation of the impervious surface ratio. However, additional impervious surfaces associated with improvements installed by the Township shall not be subject to the impervious surface ratio.
In addition, the required recreational land shall not include any areas of open space lands dedicated as and/or reserved for C16 Municipal Services. Further, impervious surfaces associated with C16 Municipal Services as developed by and/or for the Township shall not be subject to the calculation of the maximum permitted impervious surface ratio.

§ 27-562 Open Space Designation.

[Ord. 251, 11/14/2011]
1. 
All land held for open space shall be so designated on the subdivision and land development plans. Such plans shall contain the following information:
A. 
A statement that the open space land, as part of B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, B6 Mobile Home Park and B7 Country Property Uses, shall not be separately sold or further subdivided, except for transfer to the municipality, other municipal entity, or a conservation organization approved by the municipality. And, a statement that the open space land shall not be further developed, except for recreational facilities or C16 Municipal Services, when transferred to the municipality.
B. 
The use(s) of the open space shall be indicated on the plans. In designating the use(s), one or more of the following classes shall be used:
(1) 
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.
(2) 
Natural Area. An area of natural vegetation undisturbed during construction or replanted. Such areas may contain pathways. Meadows shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and undesirable plants such as honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and streams shall be kept in free flowing condition.
(3) 
Recreation Area. An area designated for a recreational use in accordance with §27-511.C including, but not limited to, tennis courts, basketball courts, swimming pools, playflelds, tot lots, community centers, museums, as well as parking and related improvements required for such uses. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(4) 
Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board.
(5) 
Agricultural, horticultural, silvicultural and equestrian uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(6) 
Municipal Services (Use C-16). All municipal buildings, structures and uses including, but not limited to, governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, transportation, utilities, education, emergency services, recreation, pedestrian safety, information resources and the use of land for the stockpiling of materials used by the municipality in its municipal functions
C. 
The type of facilities to be provided and the extent of proposed improvements shall be noted on the plans, including a planting plan and schedule.
D. 
The plan shall note the method by which the open space shall be owned and maintained in accordance with §27-565.

§ 27-563 Design Standards for Open Space.

[Ord. 251, 11/14/2011]
1. 
All open space areas shall meet the following design standards:
A. 
Layout of Open Space.
(1) 
The open space shall be laid out in accordance with the best principles of site design, the open space plan for Richland Township, the Quakertown Area Linked Open Space Plan, and any other duly adopted open space plan. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Open space areas shall be aggregated as much as possible. Major recreation areas shall be located to serve all residents. The open space is most needed in areas of highest density.
(2) 
In Uses B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, and B6 Mobile Home Park the open space shall generally remain undivided and may be owned and maintained by the municipality, a homeowners’ association, a land trust or another conservation organization recognized by the governing body. In the case of a working landscape such as a farm or orchard, the Board may allow a private individual to own the open space (typically as part of the original farmhouse). However, in no case shall less than 30% of the land comprising the net buildable area be available for common use and enjoyment. These ownership options may be combined so that different parts of the open space may be owned by different entities, but all parts of the open space shall be permanently protected through conservation easements.
Open space, when required as part of Use B7 Country Property developments may be contained within the Country Property lots when dedicated as an easement to the Township, or may be set aside as undivided open space designated for common use by the homeowners; for non-common use by an individual or organization; or for a combination of both. Refer to §§27-405.B7, 27-561.2, and 27-565 for use requirements, general requirements, and ownership of open space.
(3) 
10% of the total tract acreage in Use B7 Country Property lots and all nonresidential land developments may be subject to the municipality’s public land dedication requirement (typically to provide potential connections with the municipal open space and long-range trail networks). The decisions taken under this Section shall also be consistent with §§27-511, 27-512, 27-562 and 27-563 of this Chapter.
(4) 
Open space shall be designed as a continuous, interconnected system of areas, wherever possible.
(5) 
Open space shall be interconnected with common open space or government owned parkland on abutting tracts.
(6) 
Open space shall be comprised of areas not smaller than 20,000 square feet.
(7) 
Open space shall be comprised of areas with a minimum horizontal dimension in every direction of at least 75 feet.
(8) 
No more than 30% of required open space shall be located in a buffer yard.
(9) 
No portion of any building lot may be used for meeting the minimum required open space, except as permitted within Use B7 County Properties. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet a portion of the minimum required open space.
B. 
A method of physically delineating private lots from common open space areas shall be provided. Such method may include shrubbery, trees, markers or other method acceptable to the municipality.
C. 
Recreation Land. Section 27-511.C of this Chapter requires that a portion of the open space be useable for active recreation. The following standards shall apply to the design of the recreation land:
(1) 
Areas set aside for active recreation purposes shall be of adequate size and configuration to accommodate the intended use. The National Recreation and Park Association Standards, standards established by a sport’s governing body or standards obtained from another credible source shall be utilized to determine the exact spatial and dimensional requirements needed for a specific type of recreation area or facility.
(2) 
The recreation land shall not include narrow or irregular pieces of land which are remnants from lotting or the layout of streets and parking areas.
(3) 
The developer shall be required to improve the recreation land so that it is useable for the intended activity, including necessary facilities and equipment. The proposed improvements, including facilities and equipment, shall be acceptable to the municipality.
(4) 
The slope of recreation land to be used for active play areas shall not exceed 2%. Compliance with this slope requirement may be achieved through regrading, in keeping with applicable natural resource protection standards.
(5) 
At least one side of the recreation land shall abut a street for a minimum distance of 50 feet.
(6) 
Recreation land shall not be traversed by utility easements unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
D. 
Open space, as part of B1 Single-Family Detached, B4 Single-Family Detached Enhanced Density, B5 Performance Standard Subdivision, and B6 Mobile Home Park, shall be freely accessible to Township residents. However, the Township may, for areas of open space dedicated as and/or reserved for C16 Municipal Services, restrict public access to that specific portion of the open space parcel where such access would be detrimental to health, safety or welfare of the residents of Richland Township, at the sole discretion of the governing body.

§ 27-564 Financial Guarantee for Open Space Maintenance.

[Ord. 251, 11/14/2011]
1. 
The municipality may require that the applicant establish and contribute to an open space endowment fund to cover the continuing costs of maintaining the land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the municipality, and with experience in managing conservation land and recreational facilities, and subject to review by the Municipal Solicitor and approved by the municipality.
2. 
This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities (such as the municipality, a homeowners association, or a land trust) at the time this designated entity is created.
3. 
When estimating the projected maintenance costs of the open space, it is not necessary to include land that will be inaccessible by the subdivision residents for their common enjoyment. Such lands would typically include areas designated on the detailed final plan for future agricultural and horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement.

§ 27-565 Ownership of Open Space.

[Ord. 251, 11/14/2011]
1. 
General. Open space shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted on such lands at any time, except for those uses listed in §§27-561 and 27-562.
2. 
Ownership Options. The following methods may be used, either individually or in combination, to own open space and common facilities. However, the municipality requires open space to be initially offered for dedication to the municipality, which shall have the right of first refusal. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this Section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
A. 
Fee Simple Dedication to the Municipality. The municipality may, but shall not be required to, accept any portion or portions of the open space provided the following conditions are met:
(1) 
There are no acquisition or maintenance costs to the municipality.
(2) 
The municipality agrees to and has access to maintain such lands.
However, acceptance of any open space areas shall be conditioned upon the open space being in an acceptable condition to the municipality at the time of transfer with regard to size, shape, location, improvement and environmental concerns.
B. 
Condominium Association. Open space and common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. §3101 et seq., as amended. All open land and common facilities shall be held as “common element.”
C. 
Homeowners Association. Open space and common facilities may be held in common ownership by a homeowners’ association, subject to all of the provisions for homeowners associations set forth in State regulations and statutes (such as the Uniform Planned Community Act of 1977, 68 Pa.C.S.A. §5101 et seq.). In addition, the following regulations shall be met:
(1) 
The applicant shall provide the municipality, for its approval, a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for the open space and common facilities.
(2) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(3) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
(4) 
The association shall be responsible for maintenance and insurance of common facilities.
(5) 
The by-laws shall confer legal authority on the association to place a lien on the real property of any member(s) falling delinquent in their dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(6) 
Written notice of any proposed ownership transfer, by the association, of open space or common facilities, to another entity permitted in §27-565, or the assumption of maintenance of such lands of such common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event.
(7) 
The association shall have adequate staff to administer, maintain, and operate such lands and common facilities.
D. 
Private Conservation Organization or the County. With permission of the municipality, an owner may transfer either fee simple title of the open space or easements on the open space to a private non-profit conservation organization or to the County provided that:
(1) 
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely.
(2) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Bucks County becomes unwilling or unable to continue carrying out its functions.
(3) 
The open space is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions.
(4) 
A maintenance agreement acceptable to the municipality is established between the owner and the organization or Bucks County.
E. 
Dedication of Easements to the Municipality. The municipality may, but shall not be required to, accept easements for any portion of the open space or common facilities. In such cases, the open space or facility remains in the ownership of the condominium association, homeowners association, private conservation organization, or individual property owner (Use B7 only), while the easements are held by the municipality. In addition, the following regulations shall apply:
(1) 
There shall be no cost of acquisition to the municipality.
(2) 
Any such easements for public use shall be accessible to the residents of the municipality.
(3) 
A satisfactory maintenance agreement shall be reached between the owner and the municipality.
3. 
Community Association Documents.
A. 
A community association document, also known as a homeowner’s association document or a condominium association document, shall be provided for all subdivision and land development applications which propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the municipality.
B. 
The elements of the community association document shall include, but shall not necessarily be limited to the following:
(1) 
A description of all lands and facilities to be owned by the community association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.
(2) 
Statements setting forth the powers, duties, and responsibilities of the community association, including the services to be provided.
(3) 
A declaration of covenants, conditions, and restrictions, giving perpetual easement to the lands and facilities owned by the community association. The declaration shall be a legal document that also provides for automatic association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the association, including voting, elections, and meetings. Furthermore, it shall give power to the association to own and maintain the common property and to make and enforce rules.
(4) 
Statements prescribing the process by which the community association reach decisions and setting forth the authority to act.
(5) 
Statements requiring each owner within the subdivision or land development to become a member of the community association.
(6) 
Statements setting cross covenants or contractual terms binding each owner to all other owners for mutual benefit and enforcement.
(7) 
Requirements for all owners to provide a pro rata share of the cost of the operations of the community association.
(8) 
Provisions giving the association the legal right to place a lien on the real property of any member who fails to pay his/her dues. A process of collection and enforcement to obtain funds from owners who fail to comply.
(9) 
A process for transition of control of the community association from the developer to the unit owners.
(10) 
Statements describing how the lands and facilities of the community association will be insured, including limit of liability.
(11) 
Provisions for the dissolution of the community association, in the event the association should become unviable.
4. 
Deed Restrictions.
A. 
Buffer yards as required by this Chapter may be held in the ownership of individual property owners of a residential development/subdivision for Use B1A Single-Family Detached Exemption, B2 Residential Conversion, B3 Rooming or Boarding House, B7 Country Property or B8 Urban Dwelling only. This form of ownership of open space shall be subject to the following requirements:
(1) 
Will be limited to buffer yards only.
(2) 
It may be used only if approved by the municipality.
(3) 
Restrictions meeting municipal specifications must be placed in the deed for each property that has buffer yards within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this Chapter.
(4) 
It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
B. 
For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance.
C. 
In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the municipality is provided.
D. 
For any of the above options, the municipality may accept, but is not required to accept, an easement to the open space land in the development.
5. 
Maintenance. Unless otherwise agreed to by the municipality, the cost and responsibility of maintaining facilities and open space shall be borne by the property owner, condominium association, homeowners association, or conservation organization.
A. 
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space and operation of common facilities in a form acceptable to the municipality.
B. 
In the event that the organization established to maintain the open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any assets and general funds of the organization may be forfeited and any permits may be revoked or suspended.
C. 
The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners association, conservation organization, or individual property owners who make up a condominium or homeowners association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.

§ 27-566 Costs.

[Ord. 251, 11/14/2011]
Unless otherwise agreed to by the municipality 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 municipality may assume responsibility of maintenance and charge the property owner, condominium association or homeowners association a fee which covers maintenance costs, administrative costs and penalties as stipulated in this Chapter.