Warrington Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Supplemental Regulations Applicable to All Districts and Uses
§ 370-801 Nonconformities.
A.
Continuation. Any lawful use of a building or structure or the lawful use of any land as existing and lawful on the effective date of this chapter, or in the case of an amendment to this chapter at the time of such amendment, may be continued even though such use does not conform to the provisions of this chapter or subsequent amendments.
B.
Extensions of nonconforming uses and structures.
[Amended 1-10-2023 by Ord. No. 2023-O-2]
(1)
A nonconforming use of a building may be extended an additional 25% of floor area from the existing floor area at the time that this amendment becomes effective, by approval of the Zoning Officer, except if the nonconforming use has previously received approval for expansion up to 25% of floor area. Any additional or future expansions up to a maximum of 50% of floor area shall require special exception approval. Any additional or future expansion greater than 50% of floor area shall require a variance.
(2)
A nonconforming structure may be extended upon a lot occupied by such structure and held in single and/or separate ownership at the effective date of this chapter when authorized as a special exception, provided that such extension does not replace a conforming structure, and does not increase the nonconformity of a nonconforming minimum yard, height, and coverage requirements of the zone in which the nonconforming structure exists.
(3)
In granting special exceptions, pursuant to this section, the Zoning Hearing Board shall, in addition to such other factors as it may deem relevant:
(a)
Give full consideration to the size, scope, extent, and character of the exception desired and assure itself that such request is consistent with the plan for future land use in the Township and with the spirit, purpose, and intent of this chapter.
(b)
Consider the suitability of the property for the extension and the extent to which it is susceptible of regulation or restriction by appropriate conditions and safeguards.
(c)
Consider the public interest in, or the need for the proposed extension, and determine that the proposal will service the best interests of the Township, the convenience of the community (where applicable), and the public health, safety, and general welfare, but shall not constitute a change of use to one not specifically permitted in that district.
(d)
Consider, where pertinent, the effects of the proposed extension with respect to congestion on the roads or highways, the most appropriate use of land, conserving the value of buildings, safety from fire, panic and other dangers, adequacy of light and air, the prevention of overcrowding the land, congestion of population and the adequacy of public and community services.
(e)
Make certain that the proposed extension is reasonable in terms of the logical efficient and economic extension of public services and facilities, such as public water, sewers, police and fire protection, transportation, and public schools.
(f)
Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed extension, if permitted, will constitute an appropriate extension in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
(g)
Ensure that the proposed extension complies in every other respect with the requirements of this chapter.
(4)
In granting a variance, pursuant to this subsection, the Zoning Hearing Board shall apply the standards or law and ordinances generally applicable to the granting of variances.
C.
Multiple nonconforming lots. No nonconforming lot shall be reduced in size. An owner of two or more contiguous nonconforming lots at the same time of and subsequent to the effective date of this chapter which, when combined, would create a lot of conforming size or which could be consolidated to minimize the nonconformity, shall be required to combine such lots.
D.
Single nonconforming lot. One or more nonconforming lots, which are contiguous to a conforming lot and in single ownership, shall be used in combination with the conforming lot. In any reparceling or replatting, the conforming lot shall not be reduced in area or dimension less than the minimum requirements of this chapter.
E.
Restoration.
(1)
A nonconforming structure that has been damaged or destroyed by fire, windstorm, lightning, or a similar cause deemed to be no fault of the owner may be rebuilt when authorized as a special exception. Request for special exception must be submitted within one year from the date of damage or destruction or the nonconforming structure shall not be restored.
(2)
No rebuilding shall be undertaken as provided herein until plans for rebuilding have been presented and approved by the Zoning Officer. Approval shall be for the same use unless relief is granted by the Zoning Hearing Board.
(3)
Any reconstructed building shall not exceed in height, area, and volume the building destroyed or condemned.
F.
Abandonment.
(1)
If a nonconforming use of a building, structure or land ceases for a period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter; provided, however, that the time spent on active duty with the Armed Forces of the United States by the owner of record of the land shall not be determined to be a part of the one-year-period.
(2)
Abandonment regulations shall not apply to agricultural uses.
G.
Building permits. In a case where a building permit has been issued prior to the effective date of this chapter, and the proposed use of land and/or building does not conform to this chapter, said proposed use shall be regulated by the nonconforming use requirements of this chapter and shall be considered the same as a lawful nonconforming use, provided that construction other than excavation and foundations is undertaken within a period of 30 calendar days after the issuance date of said building permit and construction thereof is complete within 12 calendar months from the issuance date of the building permit. Permits shall last no more than two years beyond the initial building permit issuance unless an extension is approved by the Zoning Hearing Board.
H.
Nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas, and similar nonconforming uses of open land, when discontinued for a period of 90 days or damaged to an extent of 60% or more of replacement costs, shall not be continued, repaired, or reconstructed.
§ 370-802 Standards and criteria for approval of conditional uses by Board of Supervisors and special exceptions by Zoning Hearing Board.
[Amended 1-10-2023 by Ord. No. 2023-O-2]
A.
In evaluating an application to the Board of Supervisors for a conditional use or the Zoning Hearing Board for a special exception, the respective Boards shall require the applicant to provide information to indicate that the standards and criteria have been met. The applicant shall submit testimony which describes how the standards and criteria have actually been met or will be met to ensure the requirements herein have been satisfied.
B.
In granting a conditional use, the Board of Supervisors and the Zoning Hearing Board, in granting a special exception, shall make findings of fact consistent with the provisions of this chapter. Either board shall not grant a conditional use or special exception except in conformance with the conditions and standards outlined in this chapter.
C.
All applications for conditional use or special exception for which a subdivision or land development approval will be granted and a building permit issued should be submitted to Warrington Township Planning Commission for review. The Planning Commission will issue advice as it sees appropriate to the Board of Supervisors as the case may be.
D.
General requirements and standards applicable to all conditional uses and special exceptions. The Board of Supervisors shall grant a conditional use and the Zoning Hearing Board shall grant a special exception only if it finds adequate evidence that any proposed use submitted for a conditional use or special exception will meet all of the following general requirements as well as any proposed use. The Board of Supervisors and Zoning Hearing Board shall among other things require that any proposed use and location be:
(1)
In accordance with and consistent with the spirit, purpose, and intent of this chapter.
(2)
The best interest of the Township, the convenience of the community, the public welfare and be a substantial improvement to property in the immediate vicinity.
(3)
Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of effects on street traffic and safety with adequate access arrangements to protect major streets from undue congestion and hazard.
E.
Criteria requirements.
(1)
Compatibility criteria. The proposed conditional use or special exception shall:
(a)
Compatibility with the existing area uses and those established or allowed by this chapter in the area proposed.
(b)
Be screened from adjacent differing uses. Where sufficient screening area or existing materials are unavailable, the Township shall require additional screening area or materials be provided.
(c)
Not to be permitted such that it creates a nuisance or hazard to adjoining properties by noise, glare, congestion, storage, odor, fire, explosion, radiation, or other similar causes.
(d)
For any outside industrial, commercial, or residential storage, including, but not limited to, junkyards, not be located on land with a slope in excess of 5% or within 100 feet of an adjacent industrial, commercial, or residential use of a public street line.
(e)
For all public buildings or uses, in addition to all applicable Township requirements, demonstrate conformance with all applicable county, state and federal regulations.
(2)
Simultaneously, with submission of a conditional use application or a special exception application, the applicant shall submit written reports, signed and sealed (when applicable) by the person preparing the report, demonstrating the impact of the proposed conditional use or special exception on:
(a)
The Township transportation network and the ability of adjacent streets and intersections to efficiently and safely move the volume of traffic generated by the proposed conditional use or special exception. Included in this section should be an assessment of the adequacy for site parking, ingress and egress, internal circulation, and off-site improvements.
(b)
The Township's municipal services with particular emphasis being put on the ability of these municipal services to provide services to the proposed conditional use or special exception. A detailed estimate of additional municipal services facilities which will be needed to provide service to the proposed use must be included.
(c)
Municipal services, including but not limited to sewage disposal and collection systems, water supply and circulation systems and storm drainage facilities and systems must be included in this statement of impact.
(d)
The Township's abilities to provide fire protection to the proposed conditional use or special exception.
(e)
The Township's recreation facilities, including estimates of additional facilities which will be needed to serve the proposed conditional use or special exception.
(f)
If public services are planned for the property, the proposed use is consistent with the planned extensions of public services and utilities, such as a public water and public sewer, and will not have a negative effect on the public services and utilities of the surrounding properties.
(g)
The following uses shall not be required to submit written reports for conditional use or special exception applications unless requested by the boards reviewing the applications:
(3)
Economic. The applicant may be required to provide a cost revenue analysis which shall identify the net costs of the proposed conditional use or special exception to the Township and to the Central Bucks School District. The net costs shall be the difference between the governmental expenditures which will be required to service the proposed conditional use or special exception and the revenues that it will generate. The cost analysis shall clearly identify whether a net gain or a net loss is anticipated and shall itemize the measurements used in the evaluation.
(4)
Need. The applicant shall demonstrate an existing need for the proposed conditional use or special exception use.
(5)
Environmental criteria. The applicant may be required to prepare an environmental impact assessment which shall indicate their ability to meet the environmental restriction standards specified in this chapter and other applicable Township Code chapters, as amended. The assessment shall address each of the restricted land categories listed in the above referenced section.
(6)
Time limits on conditional use and special exception use approvals.
(a)
Approved application. Approval of a conditional use by the Board of Supervisors or special exception application by the Zoning Hearing Board shall expire one year after said approval unless the applicant has applied for and has been granted a building permit and construction has commenced. This expiration date may be extended by the Board of Supervisors or the Zoning Hearing Board, respectively, upon good cause shown.
(b)
Abandonment. If a conditional use approved by the Board of Supervisors or a special exception use approved by the Zoning Hearing Board is discontinued or terminated for a period of one year or more, then the same shall be deemed abandoned, and said use may not be resumed without a new conditional use approval by the Board of Supervisors or a special exception use approved by the Zoning Hearing Board.
§ 370-803 Roadside stands.
A.
Temporary roadside stands may be erected for the sale of garden products and garden commodities produced on the same property where offered for sale, provided that no building or structure other than a portable stand shall be constructed for such sale; such stand shall be removed during seasons when such products are not being offered for sale, and in no case remain longer than for a period of six months of any one year; such stand shall not be placed closer than 25 feet to any lot line.
B.
Farm stands erected in the RA Residential Agricultural District are exempt from the regulations found herein.
§ 370-804 Building heights.
A.
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy, or to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, radio and television antennas, silos, and necessary mechanical appurtenances and any ornamental screening thereof. Any structure designed to have a height of 150 feet or more above ground level must be approved by the Federal Aviation Administration and a written statement of approval must accompany the permit application. These height exceptions shall not apply to any nontower wireless communications facilities or tower-based wireless communications facilities.
[Amended 1-10-2023 by Ord. No. 2023-O-2]
B.
No dwelling shall be less than 15 feet in height, except during a reasonable period of construction not to exceed a twenty-four-month period from the date of issuance of the zoning permit. This time period may be extended by the Zoning Hearing Board.
§ 370-805 Building exterior construction.
All exterior surfaces shall present a finished decorative appearance. Exposed concrete, concrete block, foundation walls and cinder block shall not be permitted on any exterior surface higher than two feet above ground level, except for shot-formed or patterned concrete which provides a finished split face or patterned block on nonresidential buildings.
§ 370-806 Buffering, screening, and planting strip requirements.
A.
Buffering.
(1)
Wherever a residential use is adjacent to a nonresidential use, a buffer zone with a minimum width of 50 feet shall be provided.
(2)
Wherever another dwelling unit type is adjacent to a midrise apartment, a buffer zone with a minimum width of 35 feet plus one foot for each foot that the midrise is over 35 feet in height shall be provided.
(4)
All development in the RA Residential Agricultural District, other than agricultural uses, shall contain a deed-restricted buffer zone as part of the open space with a minimum width of 50 feet in accordance with the following design standards:
(a)
A dense planting of evergreens and deciduous trees shall be planted around the perimeter of the residential use defining a boundary between the agricultural use and the residential uses.
B.
Screening.
(1)
All outdoor storage, parking and/or loading areas of industrial uses shall be screened from view from any residential or commercial development or public street line by a landscape screen or other visual barrier with plantings. The screening shall be placed immediately surrounding the area between any industrial parcel and a contiguous residential and/or commercial zoning district. See Chapter 305, Subdivision and Land Development.
(2)
All outdoor industrial use operations, mechanical equipment, and other functional accessories of each building, such as elevator, penthouse, ventilation pipes and ducts, water-pressure tanks, heating, air-conditioning and power supply units, shall have an architectural building material screen or covering which is an integral part of the building envelope and/or which is harmonious with the building design.
C.
Plant strip.
(1)
Along each side or rear property line where a nonresidential use adjoins an existing residence or residential district, a planting strip of not less than 30 feet shall be provided.
(2)
Along each street line where a nonresidential use adjoins an existing residence or residential district, a fifteen-foot-wide planting strip shall be provided, which shall include a five-foot-wide sidewalk.
§ 370-807 Outdoor storage and outdoor display of goods.
A.
All outdoor storage and outdoor display of goods must be shown on the site plan or an approved land development plan.
B.
Outdoor storage and outdoor display of goods shall not be located within an existing required parking space, within 20 feet of the curb of the fronting highway or within the sight triangle of any driveway to the premises.
C.
Outdoor storage and outdoor display of goods may occupy reserve parking spaces.
§ 370-808 Swimming pools.
A.
Private swimming pools. Private swimming pools shall comply with the following conditions and requirements:
(1)
The pool is intended solely for the enjoyment of the occupants of a principal use of the property on which it is located.
(2)
It may be located only in the rear yard or side yard of the property on which it is an accessory use.
(3)
Swimming pools, pool decks, and equipment may be located no less than five feet from property lines and easements. Swimming pools, pool decks, and equipment may not interfere with any drainage swale or underground utility.
[Amended 1-10-2023 by Ord. No. 2023-O-2]
(4)
The swimming pool area or the entire property on which it is located shall be so walled or fenced or otherwise protected as to prevent uncontrolled access by children from the street or from adjacent properties. Said barrier shall conform to all current applicable building code(s).
(5)
No part of the pool deck which is less than 50% of the setback to the rear property line may be wider than five feet. Anything further from the rear property line may be wider provided other applicable zoning provisions are met.
[Added 1-10-2023 by Ord. No. 2023-O-2]
§ 370-809 Minimum yards and projections into required yards.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
No structures or buildings are permitted in the setback area, except as follows:
A.
Cornices, eaves, belt courses, sills or other similar architectural features, exterior stairways, fire escapes, rain leaders and chimneys may extend or project into a required yard by not more than two feet.
B.
An arbor, open trellis, flagpole, recreational structures, such as a jungle gym, swings and sandboxes, and clothes drying lines shall be permitted as a projection into the required side and rear yards, provided that they meet all minimum setback requirements for accessory structures within the subject zoning district. Nothing contained herein shall prevent walkways to be constructed to the property line.
C.
Patios, porches, decks, or similar structures shall be permitted in the side or rear yard subject to the following conditions:
(1)
A masonry, brick, macadam or wood patio, porch, deck, and the like shall be considered a structure. A building permit, together with an as-built survey plan of the lot prepared by a registered surveyor or professional engineer shall be required unless a field inspection or existing survey is found to be satisfactory for this purpose by the Township Zoning Officer or their duly authorized representative.
(2)
No patio, porch, deck, or the like shall be located closer to the side or rear lot line than 1/2 of the required side or rear yard setback and shall not be located in a required buffer yard area per this chapter.
(3)
The finished floor height of patios, porches, decks, or the like shall not be higher than the first-floor level of the subject dwelling when authorized by this section.
(4)
A patio, porch, deck or the like that projects into a required yard as provided by this section shall not be enclosed or roofed. Sunshade lattice work or a pergola is permitted. A pergola is permitted but shall not have side screening or side panels.
(5)
If a patio, porch, deck or the like extends into a required side or rear yard pursuant to this section, no other accessory structure may be located closer to the patio, porch, deck, or lot line than the permitted setback for said accessory structure.
D.
No patio, porch, deck, or the like shall be constructed in any easement or required buffer yard area, or in such a manner that would block any drainageway or swale, or so that it blocks the flow of stormwater onto or from the site.
E.
Where the provisions of the chapter do not establish minimum yard requirements applicable to existing one- or two-family residential uses, then a minimum side setback of five feet and a minimum rear setback of 20 feet shall be maintained except for any projections permitted by this section.
F.
Central air units shall be permitted in the rear or side yard. Generators shall only be permitted in the rear yard. However, generators may be permitted in the side yard provided the unit produces less than 45 decibels of sound when measured at the property line and is certified by a professional engineer. Testing of generators shall only occur during 7:00 a.m. and 7:00 p.m.
[Amended 1-10-2023 by Ord. No. 2023-O-2; 8-22-2023 by Ord. No. 2023-O-7]
G.
A retaining wall is permitted, provided that it is not higher than 12 inches on the retained side for the entire length of the wall.
H.
Light poles are permitted.
§ 370-810 Front yard exception.
A.
In any use district when 50% or more of the frontage of a block containing a lot upon which a proposed building is to be located is already improved with buildings having front yards of less depth than required for that particular use district, the average of such front yards shall establish the minimum front yard depth for the remainder of the frontage; provided, however, that in no case shall such front yard have a depth less than 20 feet.
B.
In any use district when 50% or more of the frontage of a block containing a lot upon which a proposed building is to be located is already improved with buildings that have observed a front yard greater in depth than that required for the particular use district, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 15 feet.
§ 370-811 Traffic visibility and site triangle.
A.
On a corner lot, no fence, structure, planting, sign, or other obstruction higher than two feet above the curb or street line shall be permitted within 25 feet of the intersection of the street line.
B.
At each point where a private access drive or way intersects a public or private road or street, a clear sight triangle of 10 feet measured from the point of intersection of the edge of the private access drive or way and the edge-of-cartway line 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/cartway grade.
§ 370-812 Animals and animal shelters.
A.
In all zoning districts, the keeping and sheltering of small household pets, including dogs, cats, guinea pigs, pot-bellied pigs, rabbits, ducks, mice, rats, turtles, gerbils, hamsters, chinchillas, snakes, iguana, gecko, ferret, hermit crabs, and small birds (three months of age and older), is limited to no more than four of each type of animal, provided that the total number of animals may not exceed six animals.
(1)
If the animal(s) require an outside shelter or exercise area, the facility must be maintained, enclosed, and located in the rear or side yard at least 10 feet from any lot line and shall be no closer than 50 feet to the nearest dwelling other than that of the owner.
(2)
Kennels and boarding of animals associated with a veterinarian practice, as defined in various residential and nonresidential zoning districts, are not governed by this section.
(3)
If the required setbacks or dimensions in any zoning district differ from those listed above, the more restrictive setbacks shall be applied.
(4)
Ostrich, emu, and peafowl (peacock) are limited to three fowl per acre on a minimum lot area of three acres and are only permitted in the RA Residential Agricultural District.
(6)
In any zoning district where it is permitted, fowl up to a total of 10 per acre may be maintained only in the rear yard on a noncommercial basis and strictly as an incidental use. The area in which the fowl are kept shall be enclosed by a fence that will contain them, all parts of which are at least 50 feet from any lot line and at least 100 feet from the nearest dwelling other than that of the owner. No roosters may be kept on a residential property at any time.
B.
In any zoning district where it is permitted, up to two saddle horses may be maintained. No building, corral, fence, or stable enclosing them shall be less than 100 feet from any lot line or 100 feet from the nearest existing dwelling other than that of the owner, unless stricter requirements apply. No such structure shall be attached to or be part of any principal building.
C.
The keeping or sheltering of wild animals is prohibited.
§ 370-813 Legal access to street required.
A.
All lots shall have access to a public street that has been improved to Township standards of at least a fifty-foot width, except drives that provide access to multifamily uses (including condominium-type ownership buildings) which may have access to a deed-restricted parking area and access road but shall be accessible from a public and improved street. Lots where the front and rear property lines abut streets shall be prohibited except in the case of reverse frontage along major thoroughfares.
B.
"Street" includes avenue, boulevard, road, highway, freeway, parkway, lane viaduct, and any other ways used or intended to be used by vehicular traffic and to provide access to lots.
§ 370-814 Environmental performance standards.
A.
Erosion and sediment control. All construction shall protect streams and water bodies, including lakes, ponds, and wetlands, from sedimentation and shall control erosion in accordance with 25 Pa. Code Chapter 102, Erosion and Sediment Control, as amended from time to time, and in accordance with the requirements of the Bucks County Conservation District.
B.
All construction shall limit stormwater runoff volumes and rates of discharge as required by Chapter 288, Stormwater Management. All stormwater management plans must comply with Chapter 288, Stormwater Management, and the Storm Water Management Act (Act 167)[1] and meet the requirements of Pennsylvania Dam Safety Act[2] (Act 325 and 25 Pa. Code Chapter 105). Procedures and requirements for stormwater management facilities shall be in accordance with standards set forth in Chapter 288, Stormwater Management, and Chapter 305, Subdivision and Land Development.
C.
Noise.
(1)
Maximum permissible sound levels by receiving land use. No person or business operation shall operate or cause to be operated on public or private property 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 category in Table 18 when measured at or beyond the property boundary of the generating land use.
(2)
A noise disturbance is characterized as a continuous sound which:
(a)
Endangers or injures the safety and health of humans.
(b)
Annoys or disturbs a reasonable person of normal sensitivities.
(c)
Endangers or injures personal or real property.
(d)
Exceeds the applicable maximum permissible sound levels as they appear in Table 18 below.
Table 18 Continuous Sound Levels by Generating Land Use | ||
|---|---|---|
Noise-Origination Zoning District | Day/Time | Sound Level Limit (dBA) |
RA, OS/P, CE | At any time | 50 |
R1, R1-C, R2, R2-I, R3, MR, EV, CR | 7:00 a.m. to 10:00 p.m. | 55 |
10:00 p.m. to 7:00 a.m. (plus Sundays and legal holidays) | 45 | |
CBD, BZ, WV, IU | 7:00 a.m. to 10:00 p.m. | 65 |
10:00 p.m. to 7:00 a.m. (plus Sundays and legal holidays) | 55 | |
J, Q | 7:00 a.m. to 10:00 p.m. | 65 |
10:00 p.m. to 7:00 a.m. (plus Sundays and legal holidays) | 60 | |
IST, PI-1, PI-1A, PI-2, OI | 7:00 a.m. to 10:00 p.m. | 55 |
10:00 p.m. to 7:00 a.m. (plus Sundays and legal holidays) | 50 | |
Any property abutting Route 611 or Route 132 | At any time | 75 |
(3)
Terminology. All technical terminology used in this subsection not defined in Article II, Glossary of Terms, shall be in conformance with applicable publications of the American National Standards Institute (ANSI), its latest approval revisions thereof, or its successor body.
(4)
Standards. For the purposes of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the latest approved standards as published by ANSI, or its approved equivalent.
(5)
Standards for measurement. The sound meter shall be operated in accordance with the manufacturer's instructions. The sound meter shall be calibrated with each use. The sound meter shall be operated using the A-weighting and fast response settings. Readings shall be taken at locations that eliminate traffic noise as a factor in the reading.
(6)
Exceptions. The maximum permissible sound levels by receiving land use established in § 370-814C(1) above 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)
Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.
(c)
Domestic power tools, between the hours of 7:00 a.m. and 9:00 p.m.
(d)
Explosives, firearms, and similar devices, provided that a permit has first been obtained pursuant to established procedures.
(e)
Construction operations, provided that a permit has first been obtained pursuant to established procedures.
(f)
Agriculture.
(g)
Motor vehicle operations.
(h)
Noise of aircraft flight operations.
(i)
Public celebrations specifically authorized by the Township.
(j)
The unamplified human voice.
(7)
In all zoning districts, the maximum allowable noise level generated by alternative energy facilities shall be 55 dBA at all times at or beyond the property boundary of the generating land use.
D.
Dust, fumes, vapors, and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, animals, vegetation, or other forms of property, or soiling or staining of persons or property, at any point beyond the lot line of the use creating the emission, is prohibited.
(2)
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
(3)
This section shall not apply to emissions from residential fireplaces and wood stoves.
E.
Heat. No use shall produce heat perceptible beyond the lot lines.
F.
Odor.
(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. The guide for determining such quantities of offensive odors shall be 50% response level of Table 1 (Odor Thresholds in Air), Research on Chemical Odors: Part 1, Odor Thresholds for 53 Commercials, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
(2)
Section 370-814F(1) above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced on the property shall be stockpiled unless processed to eliminate all offensive odors.
G.
Glare. No use shall produce a strong light or a reflection of a strong light greater than 0.35 footcandle beyond its lot lines.
H.
Vibrations. No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of vibration produced by construction.
§ 370-815 Fences.
A.
Fences in residential districts.
(1)
Fences in front yards prohibited. No fence or wall shall be allowed forward of the front building setback line. Two exceptions to this rule are as follows:
(a)
Where the yard on the side of the house (i.e., perpendicular to the main entrance of the house) is defined by this chapter as a front yard due to abutting road frontage, a fence may be erected within this yard perpendicular to the main entrance along the rear lot line to a height not to exceed six feet.
(b)
Except as provided in the EV Eureka Village and WV Warrington Village Districts.
(2)
Fences in side and rear yards. Fences may be installed along the side lot lines between the rear lot line and the building setback line and along the rear lot line to a height not exceeding six feet.
(3)
Materials and construction.
(a)
If the fence is wood cover or wood frame, the framework must face the interior of the lot.
(b)
If the fence is open metal mesh supported by posts or frames of either pipe or wood, the posts and frame must face the interior of the lot.
(c)
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
(4)
Fences on corner lots. Fences installed on corner lots shall also be subject to the provisions of § 370-811.
(5)
Buffering/screen planting. Fences visible and within 300 feet of a major or minor arterial road shall have a screen planting along the arterial street side of the fence. The screened side should be of suitable plants located at intervals of not less than eight feet along the fence.
(6)
Berms. Berms, where required, should be two feet to six feet high and should be used to shield and buffer uses such as parking areas or residential areas abutting a major/minor arterial road.
(7)
Hedges. Hedges shall be three feet in from the inside edge of the sidewalk; 18 inches from the side lines and rear line.
B.
Fences in commercial and industrial districts.
(1)
Fences in front yard prohibited.
(2)
Fences in side and rear yards. Fences of wood, metal or masonry may be erected to a height not exceeding eight feet along the side lot line between the building setback line and the rear lot line and along the rear lot line.
(3)
Fences on corner lots. Fences installed on corner lots shall also be subject to the provisions of § 370-811.
(4)
Excavations and quarries. Every quarry, gravel pit and similar permanent excavation which is hazardous to children or to passersby shall be enclosed by a sturdy fence at least 10 feet in height and shall include three strands of barbed wire at a forty-five-degree angle facing outward on the top of the fence.
(5)
Construction.
(a)
Every fence shall be constructed in a neat and orderly manner of materials which are not intrinsically unsightly.
(b)
No electrified or barbed wire fence shall be erected or maintained with the following exceptions: Barbed wire may be used on fences required by this section to be erected and maintained. Electrified fences operating on no more than six volts of electricity and barbed wire fences may be used on farms for the restraint of livestock.
(6)
Buffering/screen planting. Fences visible and within 300 feet of a major or minor arterial road shall have a screen planting along the arterial street side of the fence. The screened side should be of suitable plants located at intervals of not less than eight feet along the fence.
C.
Easements and drainageways. Fences shall not be placed within the area of a managed, constructed drainageway or a naturally occurring surface drainageway (swale, shallow ditch).
D.
Permits. No fence shall be installed or erected without first obtaining a permit from the Warrington Township Zoning Officer. Failure to obtain a permit shall result in fines and penalties per the Township Code.
§ 370-816 Exceptions to minimum lot size.
A.
The provisions of this chapter shall not prevent the construction of a detached dwelling on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed, provided that:
(1)
Such lot is not less than one acre in the RA District and not less than 80% of the minimum lot area in all other districts.
(2)
Those lots not served by public water and sewers shall meet all requirements of the Bucks County Health Department.
(3)
The percentage of lot area covered by the detached dwelling shall not exceed 15% of the lot area.
(4)
The aggregate dimension of the front and rear yards shall be at least 60% of the total lot depth or meet the normal requirements of the district in which the lot is located, but in no case shall either side yard be less than 12 feet.
(5)
The aggregate dimension of side yards shall be at least 40% of the total lot width or meet the normal requirements of the district in which the lot is located, but in no case shall either side yard be less than 12 feet.
B.
This exception shall not apply to any two or more vacant contiguous lots in a single ownership as of or subsequent to the effective date of this chapter. These lots shall be consolidated to minimize the nonconformity.
C.
In the R2 Medium Density Residential District only, if the minimum lot area of a property does not conform to the current zoning standards for such provisions, but the property is shown with a nonconforming lot area at the time of creation of the lot on the record plan, it shall otherwise be considered conforming as long as it meets all other current zoning ordinance standards.
§ 370-817 Impervious surface of existing single-family dwellings.
A.
In a residential zoning district where the maximum impervious surface ratio for Use B1, Single-family detached dwelling, is 25% or less, there may be allowed an increase to the impervious surface ratio on existing developed residential lots by the lesser of 4,000 square feet or 5% of that area of a lot determined by deducting from the net buildable site area any area within the ultimate street right-of-way, any area required as open space under this chapter, and the area of any existing and proposed aboveground stormwater management facilities. In no case may the total impervious area permitted using this procedure exceed either the maximum allowable impervious area plus 5% of the lot area as determined above or the maximum allowable impervious area plus 4,000 square feet, whichever is less. The increase shall be permitted only if the lot owner shall mitigate all the additional stormwater runoff generated by the increase in impervious surfaces, without exemption, and provided that the following requirements are met:
(1)
The provision shall also apply to residential lots where the existing impervious surface ratio already exceeds the allowable permitted impervious surface amount, provided that the total impervious area does not exceed the limits described above.
(2)
The applicant shall submit a plot plan that shows existing and proposed impervious surface calculations.
(a)
The site plan shall be prepared by a professional engineer or professional land surveyor.
(b)
The site plan shall be drawn to the scale of one inch equals 20, 30, 40, 50, or 100 feet.
(c)
The site plan shall contain the following information:
[1]
The zoning district and the maximum permitted impervious surface ratio of that zoning district.
[2]
A North arrow.
[3]
Property lines with bearings, distances, arc radii, and arc lengths.
[4]
Existing and proposed grading with spot elevations.
[5]
The location of existing buildings, structures, and all other sources of impervious surface on the property.
[6]
The locations of existing swales and all existing stormwater appurtenances.
[7]
A calculation of existing and proposed impervious surface area based on a table by type of surface, including sidewalks, pavement, roofs, driveway areas, pavers, gravel, crushed stone, or any other impervious surface that prevents the infiltration of water as defined by this chapter.
[8]
The location of the proposed changes to buildings, structures, and all other sources of proposed impervious surface on the property.
[9]
The date of completion.
[10]
Location, dimensions, and details or proposed structural stormwater best management practices.
[11]
Best management practices design calculations.
(3)
The applicant shall provide a stormwater management plan acceptable to the Township Engineer for all impervious surface area greater than the maximum impervious area ratio allowed by the zoning ordinance. The stormwater management plan shall be prepared in accordance with Chapter 288, Stormwater Management, of the Township Code.
(4)
The applicant shall execute and record a stormwater management agreement in a form prepared by the Township Solicitor. All expenses associated with preparing and recording the stormwater management agreement shall be borne by the applicant.
(5)
Any earth disturbance in excess of 1,000 square feet shall be in compliance with the regulations of the Bucks County Conservation District.
§ 370-818 Special regulations relating to retail stores.
A.
Retail stores with a floor area of more than 20,000 square feet shall meet the following additional requirements:
(1)
Retail stores in excess of 20,000 square feet are only permitted within the CBD Central Business District. If there is a conflict between the provisions of this section and those of the Subdivision and Land Development Ordinance,[1] the provisions of this section shall apply.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(2)
Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with Township Subdivision and Land Development Ordinance requirements.
(3)
Building design. Buildings shall be designed in accordance with the design standards in the Subdivision and Land Development Ordinance.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(4)
The use shall be designed to accommodate safe pedestrian and vehicular traffic. Continuous pedestrian connections shall be provided throughout the site, inclusive of pad sites, and pedestrian connections shall be provided to adjacent sidewalks. No pedestrian connection may cross the vehicular path of a drive-up window. Sidewalks are required along any facade of the building that has a public entrance, abuts a parking area and/or abuts a public street. Minimum sidewalk width shall be eight feet, and all sidewalks shall be placed a minimum of six feet from the building facade and that area shall be used for foundation landscaping over at least 70% of its length. All primary pedestrian walkways shall be required to provide landscaping for not less than 50% of the length of such walkways and shall be designed in accordance with the Subdivision and Land Development Ordinance. Benches and trash containers shall be provided at a minimum of one per every 100 feet along the walkway.
[Amended 4-12-2022 by Ord. No. 2022-O-06]
(5)
The plan shall provide for shopping cart corrals if shopping carts are to be used. Cart corrals shall be provided in addition to the required parking spaces.
(6)
The applicant must submit as part of the preliminary land development or subdivision plan an economic impact study based upon a ten-year horizon and indicating the market for the proposed facility and the area from which patrons will be attracted. The economic impact study shall evaluate the projected costs and benefits to the community resulting from the project including:
(a)
Projected costs to the Township arising from the demand for and required improvements to public services and infrastructure, including roads;
(b)
Value of improvements to public services and infrastructure to be provided by the project;
(c)
Projected tax revenues to be generated by the project;
(d)
Projected impact of the project on surrounding land values and the potential loss or increase in municipal tax revenues resulting from such increase or decrease (The project shall be designed to minimize any negative impacts to adjoining property values.);
(e)
Short-term and long-term projection of increased Township revenues and costs resulting from the proposed project;
(f)
The estimated net impacts to local employment, wages and salaries, retained profits, and the local income tax; the change in the estimated number of employees, employment types, and estimated wages generated by the project. For purposes of determining this impact, the applicant must identify the number of jobs displaced or created, the quality of the jobs, whether the jobs are temporary or permanent, and the employment sector in which the lost or gained jobs are located;
(g)
Estimate of how much revenue generated by the project will be retained and redirected back into the economy of Warrington;
(h)
The impacts (including displacement of existing retailers) on business within the Township;
(i)
Any measures available that will mitigate any materially adverse economic impacts, if any, identified by the applicant, if necessary;
(j)
Establishing the market and financial feasibility of the project, including any market studies prepared for the project and any plans for phased construction;
(k)
Demonstration of the applicant's financial ability to complete the project and to achieve long-term financial stability;
(l)
Whether prior efforts to establish a retail store larger than 20,000 square feet within Warrington Township have been unsuccessful or whether the proposed use will have an adverse impact or economic benefit on grocery or retail shopping centers in the Township;
(m)
Whether any restrictions exist on the subsequent use of the property on which the retail store is proposed to be located, including the provisions of a lease, if applicable, which, in the event the owner or operator of the retail store vacates the premises, would require the premises to remain vacant for a significant amount of time; and
(n)
A proposal addressing plans for the reuse of the site in the case that the applicant abandons the large-scale building. The plan shall include design features that demonstrate availability of flexible features, such as partitions and multiple entryways to facility reuse by multiple tenants if the building is abandoned. The plan for reuse shall be reviewed and adopted by the Board of Supervisors.
(7)
Retail stores with a floor area of more than 15,000 square feet shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other amenity that will enhance the character of the area. The scale of the public amenities shall be in proportion to the size of the proposed store.
(8)
Parking. Only 50% of required parking spaces may be located between the front facade and the main road frontage. The remainder of the parking shall be distributed on other sides of the building or separated by means of intervening buildings, amenities, or other site features. All sides of the building that abut parking areas must have a customer entrance.
(9)
Loading docks shall be in the rear of the building and shielded from view and shall not be visible from adjacent residential districts or from public streets.
(10)
No deliveries or trash pickup may occur between 9:00 p.m. and 6:00 a.m. when this use abuts a residential property.
§ 370-819 Flag lots.
§ 370-820 Transfer of development rights.
A.
General.
(1)
Pursuant to the enabling legislation contained in § 619.1 of the PaMPC, 53 P.S. § 10619.1, transferable development rights (TDRs) were previously created and those in existence can be utilized in accordance with the provisions of this section. TDRs were severable from the land itself and are separately conveyable from the estate in fee simple to which they were applicable.
(2)
Transferable development rights were created and conveyed by a deed and conservation easement duly recorded in the office of the Recorder of Deeds of Bucks County, Pennsylvania, which deed and conservation easements were subject to the review and approval of the Board of Supervisors of Warrington Township.
(3)
No transferable development rights shall be recognized beyond the boundaries of Warrington Township.
(4)
Transferable development rights, if and after approval, were deemed to run with the land.
(5)
Warrington Township administers this provision consistent with the language and intent of this chapter and with the Warrington Township Comprehensive Plan, as revised.
(7)
TDRs may not be used in conservation residential developments and TDRs may not accrue to any conservation area lands.
B.
Residential. In order to determine the number of TDRs required to achieve the density permitted for residential development using transferable development rights under this section, a developer must first calculate the base density. The base density shall be calculated by determining the maximum density per gross buildable site area for single-family detached dwellings (not served by public water and sewer) in the underlying zoning district. The difference between the base density and the density permitted by the use of TDRs shall determine the number of TDRs that are required to be utilized to achieve the density proposed in the TDR subdivision.
C.
Nonresidential. Specific development rights associated with specific tracts within the Township can be viewed at the Warrington Township administration office.
D.
Existing TDRs may be transferred to nonresidential developments in accordance with and subject to the limits provided in the February 10, 1997 Settlement Agreements in the matters of Warrington Investments Inc., P. Richard Stauffer, Ted Kalman and Marshall Friedenberg V. Warrington Township Board of Supervisors, and Richard Urwiler, Arthur Powley, Toni Poolin, Ernst Illg and Magdalene Illg V. Warrington Township Board of Supervisors. This shall be applicable whether or not the correct owner of the TDRs was a party to that agreement.