Calculation for Base Site Area.

Calculation for Land with Resource Restrictions and Resource Protection.

Calculation for Minimum Active Recreation Land.

Calculation for Net Buildable Site Area and the Maximum Number of Permitted Dwelling Units.

For all multi-lot residential developments with more than two dwelling units, the following calculations shall apply:

Calculation for Maximum Impervious Surface for all Uses.

The natural resource restrictions, herein, shall apply to all uses.

Site alterations, regrading, filling, or clearing of vegetation prior to approval of final plan by the governing body shall be a violation of this Ordinance. However, this Section shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake, or wetland or for forest production, provided that all applicable permits have been obtained from the Pennsylvania Department of Environmental Protection.

Floodplain and Floodplain Soils. All such lands shall remain as open space. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted within the floodplain unless permitted pursuant to the Floodplain Ordinance of the respective municipality where the property is located.

Lakes, Ponds, Wetlands, and Waters of the Commonwealth.

(Reserved)

Steep Slopes.

Woodland Associations. All wooded areas greater than 1/4 acre shall be subject to the following restrictions:

Trees on Wooded Lots.

Agricultural Soils. In the CM District, in areas of Agricultural Soils as defined at § 205 of this Ordinance, the following standards shall apply to the determination of required open space areas for all residential uses:

No more than 25% of areas of Agricultural Soils shall be developed, except as provided in Footnote 1 of § 902.B.2.b.

Aquifer Recharge Areas. (To be added by amendment)

Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its pre-development condition. Where farm field or disturbed earth is the pre-development condition, meadow shall be used as the starting base for such calculations instead of the actual pre-development condition. All runoff calculations shall be based on one-hundred-year, twenty-four-hour storms. The method for such calculations shall be that contained in the United States Department of Agriculture, Soil Conservation "Engineering Field Manual Notice — TR-55," as amended.

Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage and shall control erosion in accordance with the "Clean Streams Law" P.L. 1987, Chapter 102, except that in addition all developments shall submit a soil erosion and sedimentation control plan as required by the municipal subdivision and land development ordinance as part of the preliminary land development plan even 25 acres in extent.

Grading and Erosion Control. During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in § 903.B.10 of this Ordinance.

A Delaware Canal Overlay District is hereby created and adopted which shall, except as noted herein, comprise all land areas within 60 feet of the property line of the Delaware Canal structure. The property line of the Delaware Canal shall be determined from a survey to be provided by an applicant or owner in accordance with the regulations and guidelines of the DCNR and the Commonwealth of Pennsylvania. A typical cross-section as promulgated by the DCNR is attached hereto and adopted as a representative sample of the methodology of establishing the lot line.

Riparian Buffer Overlay Zone.

No use shall be permitted which is noxious or offensive in the immediate surrounding areas by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply. The proposed operation shall not:

When required by the municipality, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous, or offensive as defined above. If required, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the municipality may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this Part, shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.

Noise. Each of the participating Municipalities shall adopt its own Noise Ordinance. All proposed activities shall demonstrate compliance with the noise ordinance of the Township in which the use is located.

Vibration.

Air Pollution.

Toxic or Noxious Matter.

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.

Fire and Explosion Hazards.

Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association and the requirements of the other ordinances of the municipality.

(Reserved)

Water Quality. No use shall withdraw water from any creek, stream, or their tributaries without filing for and obtaining permission from the Delaware River Basin Commission, other than for emergencies, such as "fire pond" use, to supplement emergency vehicle or hydrant pressures and flow. Further discharges to those streams shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection shall set more stringent requirements, they shall apply, in all cases, permits shall be obtained from the Pennsylvania Department of Environmental Protection, as required.

Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Applicability. These provisions shall apply to all lands within the jurisdiction of the Participating Municipalities within this Part and shown as being located within the boundaries of the designated floodplain district which is considered as part of the official Zoning Map.

Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Part and any other applicable ordinances and regulations which apply to structures and uses within the jurisdiction of this Ordinance.

Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris, this Ordinance does not imply that areas outside the Floodplain District will be free from flooding or flood damages, this Ordinance shall not create liability on the part of the municipality or any officer or employee thereof for any flood damage that results from reliance on this Ordinance or any administrative decision lawfully made thereunder.

Zoning Map. The boundaries of the Floodplain District are established as part of the Zoning Map, which is declared to be a part of this Ordinance and which shall be kept on file as each municipal office.

Overlay Concept.

Accessory Use or Structure. A use or structure on the same lot with and of a nature customarily incidental and subordinate to, the principal use or structure.

Approximated Floodplain. See § 905.C.1.a(3).

Basement. Any area of the building having its floor below ground level on all sides.

Building. A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Completely Dry Space. A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining, dredging, drilling operations; storage of equipment or materials and the subdivision of land.

Essentially Dry Space. A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FEMA. The Federal Emergency Management Agency, Federal Insurance Administration.

Flood. A general, but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers, or other waters of this Commonwealth.

Flood-Fringe Area. See § 905.C.1.a(2).

Floodplain Area. A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway. The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Ordinance, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

Freeboard. A margin of safety, expressed in feet above the one hundred year flood elevation.

Functionally-Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities but does not include long-term storage or related manufactured facilities.

Historic Structure. Any structure that is:

Identified Floodplain Area. The floodplain area specifically identified in this Part as being inundated by the one-hundred-year flood.

Land Development. Any of the following activities:

Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee System. A flood protection system which consists of a levee, levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest Floor. The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this Ordinance.

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean Sea Level. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a participating municipality's National Flood Insurance Map are referenced.

Minor Repair. The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

New Construction. Structures for which the start of construction commenced on or after December 18, 1979 for the Township of Newtown, August 15, 1978 for the Township of Wrightstown, October 17, 1978 for the Township of Upper Makefield, and includes any subsequent improvements thereto.

Obstruction. Any structure or assembly of materials including fill above or below the surface of land or water, and any activity which might impede, retard or change flood flows. The planting, cultivation, and harvesting of field and orchard crops, or the grazing of livestock, including the maintenance of necessary appurtenant agricultural fencing, shall not be considered an "obstruction" under this definition and shall not be subject to regulation under these regulations.

One-Hundred-Year Flood. A flood that, on the average, is likely to occur every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur more frequently). Included in this area are the Floodway (FW) and Flood Fringe (FF) and Approximated Floodplain (FA).

One-Hundred-Year Floodway or Floodplain. The one-hundred-year floodway and that maximum area of land that is likely to be flooded by a one-hundred-year flood as shown on the floodplain maps provided by FEMA.

Person. An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

Pollution. The contamination of any waters such as will create a nuisance to or render such waters harmful, detrimental or injurious to public health, safety, or welfare; or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish, or other aquatic life; including but not limited to such contamination by alteration of the physical, chemical, or biological properties of such waters, or change in temperature, taste, color, or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid, or other substances into such waters.

Recreational Vehicle. A vehicle which is (1) Built on a single chassis; (2) Not more than 400 square feet, measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light-duty truck; (4) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Flood Elevation. The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

Special permit. A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designed portion of a floodplain.

Structure. Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any manmade object having an ascertainable stationary location on or in land or water whether or not affixed to land.

Subdivision. The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development. Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Substantial Damage. Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Substantial Improvements. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have occurred "substantial damage," regardless of the actual work performed. The term does not, however, include either:

Description of District.

Floodplain District Boundary Changes Initiated By Participating Municipalities. The Participating Municipalities in the Newtown Area Joint Municipal Zoning Ordinance may revise the Floodplain District Boundary Map and these regulations where the Participating Municipalities deem that such revisions are appropriate. However, prior to adoption, any proposed revision shall be submitted to the Federal Insurance Administration for its review and approval.

Establishment and Interpretation of Floodplain District Boundaries. Any property owner who is aggrieved by the determination of the floodplain based upon the approximated floodplain and floodplain soils, may submit to the Participating Municipality in which the property is located, a Floodplain Study for a one-hundred-year flood conducted in accordance with the standards of the Federal Emergency Management Agency's Type 15 Flood Insurance Study, for the Participating Municipality's review. The Participating Municipality may, within its sole discretion, adopt the property owner's Floodplain Study or reject it; the Participating Municipality's decision in this regard being considered final. The floodplain study shall conform to the requirements of the "Procedure for Applicant Wishing to Challenge Floodplain District Boundaries" which is attached to this Article as Exhibit "A" and is incorporated herein by reference. Prior to acting upon the challenge to the Floodplain District boundary, the Participating Municipality will submit the floodplain study to the Federal Insurance Administration for its review.

The boundaries of the Floodplain District shall not be revised by a reclassification of the soils on the site by a soil scientist, whether or not the reclassification is approved by the Soil Conservation Service.

A floodplain shall be established for every watercourse which affects the property under study by the "Procedure for Applicant wishing to Challenge Floodplain District Boundaries" whether or not floodplain soils are present, as all watercourses have a definable one-hundred-year floodplain.

Permitted Uses. In the Floodplain District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment. No development, use or activity which would cause any increase in the one-hundred-year flood shall be permitted.

Uses Permitted by Special Exception. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

Expansion of Existing Buildings or Structures. A building or structure, with the exception of those listed in § 905.D.4.d, located within the floodplain at the time of the initial enactment of a floodplain ordinance by the Participating Municipality may be altered or extended upon approval of a special exception by the Local Zoning Hearing Board subject to the following conditions:

Additional Regulations for Uses, Activities and Structures Permitted in Floodplain. In addition to the other regulations provide therein, the following provisions shall apply to any use, activity or construction permitted in the Floodplain District:

Special Exceptions and Variances.