Warrington Township
City Zoning Code

The purpose of the natural resource standards and the resource protection overlay is to identify those areas in which environmental restrictions must be applied in order to achieve the natural resource protection objectives of the Comprehensive Plan and this chapter.

Required open space is meant to conserve and preserve natural and scenic resources within the Township and to augment and enhance recreational and public open space opportunities where applicable and practical for the residents of a development and the Township.

The resource protection regulations and standards contained herein shall be applicable to all zoning districts in Warrington Township. All uses and activities established after the effective date of this chapter shall comply with the following natural resource protection standards, and open space requirements. Site alterations, grading, filling, or clearing of vegetation, which is regulated by this chapter, 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.

Minimum open space requirements shall be determined for all uses in all zoning districts in accordance with the provisions herein. If a discrepancy were to occur between the provisions found within Article III, Use Regulations, or Article IV, Classification of Districts, and the district charts, the provisions found within Article III, Use Regulations, or Article IV, Classification of Districts, and the district charts shall govern.

The boundary and limits of resource protection overlay areas are subject to a resource protection area study on a site-specific basis. The precise boundary of the overlay district and the enforcement of the development limitations shall be subject to requirements of this chapter and the Subdivision and Land Development Ordinance.[1]

Additional requirements for the protection and preservation of environmentally sensitive areas, other than those listed in this chapter as resource protection areas, shall be regulated in the Subdivision and Land Development Ordinance.

To establish the permitted land use intensity for any tract of land, the applicant shall prepare maps and perform the calculations specified in § 370-504, herein.

Following determination of the gross buildable site area, the applicant shall develop a site plan based upon the zoning requirements of the applicable zoning district.

The number of dwelling units permitted on the tract shall be determined by one of the following methods:

Submit a map at the same scale as the gross site area map, locating all reserved land (RL) and resource protection areas.

The reserved land area map shall include the following:

The resource protection areas map shall include the following:

The resource protection area shall be determined by applying the environmental restriction standards to the total of each individual component of protected resource areas.

The gross buildable site area (GBSA) shall be calculated by subtracting the total of the reserved land (RL) and the portion of the restricted area designated as totally unusable land (TUL) from the gross site area (GSA).

The net gross buildable site area (NGBSA) shall be calculated by subtracting the portion of the restricted protection area designated as partially unusable land (PUL) from the gross buildable site area (GBSA).

Zone 1. This buffer area will begin at the edge of the identified waterway (which includes adjacent wetlands and intermittent watercourse) and occupy a margin of land with a minimum width of 50 feet, measured horizontally on a line perpendicular to the edge of water at bank-full flow.

Zone 2. This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. However, where the width of the 100-year floodplain extends greater than 100 feet from the waterway, Zone 1 shall remain a minimum of 50 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain. Uses permitted in this buffer area include open space uses that are primarily passive in nature, including:

Prohibited uses. Any use or activity not authorized within Zones 1 and 2, §§ 370-503E(1) or 370-503E(2) above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:

Revegetation of riparian area. In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing streamside vegetation. Native vegetation approved by the Township must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional, such as a landscape architect or engineer and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission:

In areas of steep slopes (i.e., those slopes in excess of 15%), a portion of the area will be considered restricted resource protection area as partially unusable land and shall be subject to certain development limitations. A restricted area shall be based on the severity of the slope. Regardless of allocation of restricted area, it shall not be disturbed by regrading or stripping of vegetation. Man-made slopes or cuts are exempt from the below standards which regulate steep slopes:

Within the RA Residential Agricultural District, the Township may waive the partly usable land restrictions and recommend greater encroachment into the areas of steep slopes in order to ensure the best design of a site for agricultural purposes.

In order to promote forest protection, the Township requires protection of a minimum of 50% of a forest on a site, and 80% when it is associated with another environmentally sensitive resource.

Removal of trees and/or grading that is initiated two years or less before the submission of a land development application for subdivision, land development, or building permits is presumed to be in anticipation of development and is prohibited. Furthermore, and notwithstanding anything to the contrary set forth in this Subsection G, forest removal is restricted in perpetuity to no more than 50% of the forest area and forest trees on a site, and as noted previously, 80% when it is associated with no other environmentally sensitive resource.

If an application for building, subdivision or land development is submitted for the property within two years of the date the tree removal and/or grading began, the requirements for resource protection, as set forth in this chapter and in the Subdivision and Land Development Ordinance, shall be applied to the property as it was prior to the removal of trees or grading.

The provisions of this subsection shall not apply to the removal of a dead or diseased tree.

Any land clearance within two years of a land development application shall require revegetation consisting of groundcover, shrubs, and trees. Groundcover shall consist of a native seed mix including native herbs and forbs exclusive of noxious weeds as defined by the Pennsylvania Department of Agriculture. Understory shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly laurel and alders. Overstory trees should include trees which are deciduous or evergreens that include oak, hickory, maple, gum, beech, sycamore, hemlock, pine and fir that form an overhead canopy. These plants shall be planted in an informal manner, clustered, and provided at a rate of at least one overstory tree and three shrubs for every linear foot of road frontage. For the purpose of this chapter, trees that are dead shall be determined in accordance with the following; dead or diseased trees should be removed for safety or the protection of other healthy trees. The property owner or applicant shall submit a report regarding such trees prepared by a certified arborist, for review by the Township, indicating the condition, diagnosis, and prognosis of each tree proposed to be removed. Final determination of acceptability of the arborist's report will be made by the Township. For each tree where the Township concurs with the arborist's findings that the tree is dead or diseased in such a way that is should be removed for safety purposes or for the protection of surrounding trees, such tree(s) shall not be required to be replaced.

Any trees and understory vegetation removed in violation of this section shall be replaced in accordance with the requirements of this subsection and Table 9 of the SALDO.[1] The requirements of this section shall not apply to the removal of a dead or diseased tree.

All existing road and utility street lines: _____ AC (in acres)

All street lines for existing streets as specified in the Township Subdivision and Land Development Ordinance and/or all future street lines and other land reserved by virtue of the official Township Map, when adopted: __________ AC

All land shown on previously recorded subdivision plans as reserved from development: _____ AC

Streams, Type I: _____ AC

Water body, Type I: _____ AC

Wetlands: _____ AC

Gross site area (GSA): _____ AC

Subtract total of Subsections A and B(-): _____ AC

Total gross buildable site area (GBSA)(=): _____ AC

Gross buildable site area (GBSA): _____ AC

Multiplied by the applicable density (x): _____ Density

Equals the maximum allowable dwelling units: _____ Dwellings

Areas with slopes of 25% or greater:

Areas with slopes between 15% and 20%:

Areas with slopes between 8% and 15%:

Forested areas.

Gross buildable site area (Subsection C): _____ AC

Subtract the total of Subsection E(-): _____ AC

Equals the net gross buildable site area (NGBSA) (=): _____ AC

Common open space (COS) applies to all proposed land development and uses, residential, nonresidential, and mixed-use.

Active open space (AOS) applies to all residential subdivision and residential land development and to all mixed residential/nonresidential communities and developments.

Deed restricted areas on private lots do not count toward the minimum open space requirement.

Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the policy for future land in the Township. Any such area shall contain no structure other than a structure related to the purposes of open spaces. Where structures relating to open space or recreational activity are located in the developed open space, no more than 5% of that area, or 10,000 square feet, whichever is greater, may be converted to building areas. Structures relating to agricultural uses shall conform to the provisions for permitted uses per use regulations.

Stormwater management facilities shall not count toward required open space for residential subdivisions or land developments or mixed residential/nonresidential subdivision or land development.

Stormwater management facilities shall not count toward required open space for nonresidential subdivisions or land development unless the stormwater management facility is a naturalized detention or retention basin.

Subsurface drainage facilities shall not count toward required open space.

It is mandatory that the recorded plan and the deeds indicate that there shall be no additional development. The open space shall be restricted against any future building, development or use except as consistent with that of providing for open space for recreation, conservation, agriculture, and general satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreation, cultural or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Board of Supervisors following approval of the building, site, and operational plans by the Board of Supervisors.

All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Board of Supervisors as to legal form and effect with recommendations from the Planning Commission as to suitability for the proposed use of the open space and be approved by the Board of Supervisors as part of the final plan approval.

Any land set aside as open space must be made subject to a deed restriction or agreement in a form acceptable to the Board of Supervisors and duly recorded in the office of the Recorder of Deeds in and for Bucks County.

Dedication in fee simple to the Township. The Township may, at the discretion of the Board of Supervisors, accept any portion or portions of the open space, provided that:

Conveyance of title (including beneficial ownership) to a conservancy, corporation, association, funded community trust, condominium, individual landowner, or other legal entity:

All open space areas established after the effective date of this chapter that will be protected by restrictive covenants, conservation easements or other legal device granted to the Township, conservancy, corporation, funded community trust or other legal entity, shall be located on a separate lot, that is approved as part of the land development and/or subdivision process, provided that:

No motor vehicle usage in the open space area shall be permitted except for maintenance or agricultural purposes.

No removal of any trees or destruction or removal of vegetation, rocks or soil shall be permitted unless in accordance with a landscape improvement plan or agricultural use approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Board of Supervisors. Such plan shall be in accordance with all other applicable sections of this chapter.

No alteration of any stream, pond or lake shall be permitted unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Board of Supervisors. Such plan shall be in accordance with other applicable sections of this chapter and all applicable regulations of the Pennsylvania Department of Environmental Protection.

No structures shall be erected unless in accordance with a plan approved by a majority vote of the association of property owners, if applicable, pursuant to review and approval by the Planning Commission. Such plan shall be in accordance with all other applicable sections of this chapter.

Conservation sewerage easement. No sewage disposal system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a conservation sewerage easement has been designated. Such easement shall provide for future expansion of the disposal area and provide the right of access by the managing organization and municipality.

Stormwater management easement. No stormwater management system shall be located within designated common open space or natural resource protection land resulting from a subdivision or site plan unless a stormwater management easement has been designated. Such easement shall provide for future expansion of the stormwater management area and provide right of access by the managing organization and municipality.

In the event that the organization that agreed to own and maintain common open space, or any successor organization, fails to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition; and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof. The Township may modify the terms of the original notice as corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable value of the properties within the development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year, in accordance with the notice provided by the Township.

The cost of such maintenance by the Township shall be assessed ratably against all the properties within the development and shall become a lien on said properties when filed. The Township at the same time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the Office of the Prothonotary of Bucks County upon the properties affected by the lien within the development.