Chapter 234 |
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ZONING [HISTORY: Adopted by the Board of Supervisors of the Township of Nockamixon 12-28-1989 by Ord. No. 56. Amendments noted where applicable.] GENERAL REFERENCES Planning Commission -- See Ch. 31. ARTICLE I ~ 234-1. Short title. This chapter shall be known and may be cited as "The Nockamixon Township Zoning Ordinance." ~ 234-2. Title. An ordinance regulating the height, bulk, erection, construction, alteration, razing, removal and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of use of land or bodies of water for trade, industry, residence, recreation, public activities or other purposes and the uses of land for agriculture, water supply, conservation or other purposes, in all portions of Nockamixon Township. ~ 234-3. Purpose. This chapter is enacted in accordance with Section 601 of the Pennsylvania Municipalities Planning Code (Act 247), as amended, for the following purposes: A. To promote the health, safety, morals and the general welfare of the township. B. To promote, protect and facilitate coordinated community development. C. To lessen congestion on the roads and highways. D. To secure safety from flood, fire, panic and other danger. E. To provide adequate light and air. F. To prevent the overcrowding of land and to avoid undue congestion of population. G. To facilitate the adequate provision of transportation, water supply, sewerage, schools, parks and other public requirements. H. To conserve the value of buildings. I. To encourage the most appropriate use of land throughout the township. J. To provide for the protection and preservation of natural resources and agricultural land and activities within the township. K. To encourage the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains. L. To accommodate reasonable community growth and opportunities for the development of a variety of residential dwelling types and nonresidential uses. ~ 234-4. Community development objectives. This chapter provides a legal basis and framework for future community development and is based on the duly adopted Goals and Objectives as contained in the Comprehensive Plan of Nockamixon Township ~ 234-5. Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare of the township. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling. ~ 234-6. Conflict. It is not intended by this chapter to repeal, abrogate, annul or interfere with any existing ordinance or enactment or with any rule, regulation or permit previously adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land or upon the height and bulk of buildings or prescribes larger open spaces than are required by the provisions of such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. ~ 234-7. Applicability. This chapter requires that within the Township of Nockamixon in the County of Bucks and the Commonwealth of Pennsylvania, no land, body of water or structure shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations and procedures herein specified. ARTICLE II ~ 234-8. Word usage. A. Unless a contrary intention is clearly evident, the following words and phrases shall have for the purpose of this chapter the meanings given in the following clauses. B. For the purpose of this chapter; words and terms used herein shall be interpreted as follows: (1) Words used in the present tense include the future. (2) The singular includes the plural. (3) The word "person" includes a corporation, partnership and association as well as the individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be occupied." (7) The word "municipal" or "municipality" means Nockamixon Township. (8) The words "governing body" refer to the Board of Supervisors of Nockamixon Township. (9) The word "Commission" and the words "Planning Commission" always mean the Nockamixon Township Planning Commission. (10) The word "Engineer" means Nockamixon Township Engineer. (11) The word "Board" or the words "Zoning Hearing Board" always mean the Nockamixon Township Zoning Hearing Board. C. Any word or term not defined herein shall be used with a meaning of standard usage. ~ 234-9. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY BUILDING -- A building subordinate to the principal building on a lot, used for purposes customarily incidental to those of the principal building. ACCESSORY USE -- A use customarily incidental and subordinate to the principal use of land or of a building. AGRICULTURE -- The cultivating of soil and the raising and harvesting of products of the soil, including but not limited to nurseries, nursery sales yards, horticulture, forestry and animal husbandry. A. INTENSIVE AGRICULTURE -- A use, farm building, structure or facility designed, constructed and/or operated for the intensive and accelerated raising of poultry, animal or agricultural produce and/or by-products of the same for commercial sale. ALTERATION OF BUILDING -- Any change in supporting members of a building such as bearing walls, columns, beams or girders; any addition to a building; any change in use from one use classification to another; or removal of a building from one location to another. ANTENNA -- A device used to collect or transmit telecommunications or radio signals including, but not limited to, panels, single poles known as "whips," "omnis," microwave dishes and the like. [Added 5-11-1999 by Ord. No. 97] BASEMENT -- A story partly underground, but having 1/2 or more of its height (measured from floor to ceiling) above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement or determining square footage only if the vertical distance between the ceiling and the average level of the adjoining ground is more than four feet or if used for business or dwelling purposes. BOARDINGHOUSE -- Any dwelling with less than 10 sleeping rooms in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a "boardinghouse." BUFFER AREA -- A strip of land adjacent to the boundary of a property or district of a width not less than that designated by this chapter and on which is placed evergreen shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district. BUILDING -- A structure having a roof which is used for the shelter or enclosure of persons, animals or property. The word "building" shall include any part thereof. BUILDING AREA -- The total of areas taken on a horizontal plane of the largest collective perimeter of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. BUILDING COVERAGE -- That percentage of the site or lot area covered by the building area. BUILDING HEIGHT -- A vertical distance measured from the elevation of the proposed finished grade to the highest point of the floor for flat roofs, to the deck lines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Church steeples and silos shall not be subject to the height limitations of this chapter. BUILDING, PRINCIPAL-- A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located. BUILDING SETBACK LINE -- The line which establishes the minimum depth of front, side and rear yards. The front setback line is a line parallel to the right-of-way at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located. The side setback line is a line parallel to the side property line at a distance therefrom equal to the depth of the side yard required for the district in which the lot is located. The rear setback line is a line parallel to the front building line at a distance from the rear lot line equal to the depth of the rear yard required for the district in which the lot is located. CARTWAY -- The hard or paved surface portion of any street or that portion of a street customarily used by vehicles in the regular course of travel over the street. CELLAR -- A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories or square footage. CONDITIONAL USE -- Any use that is permitted subject to additional conditions, as specified in this chapter, beyond those contained in the general provisions of this chapter and the specific provisions of the particular district in which the lot is located and subject to the approval of the Board of Supervisors. CONDOMINIUM: A. A condominium is an ownership arrangement and not a land use, therefore it is allowed in any district and under the same restrictions of the land use that comprises it. B. A condominium is a unit structure which has all of the following characteristics: (1) The unit, the interior and associated exterior areas designated for private use in the development plan, is owned by the occupant or his lessor. (2) The unit may be any permitted type of structure. (3) All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. ~ 3101 et seq., and in accordance with the provisions for open space, private roads or other development features in the zoning ordinance and subdivision and land development regulations. DECISION -- Final adjudication of any board or other body granted jurisdiction under this chapter, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Bucks County and the judicial district wherein the township lies. DENSITY-- Density is a measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre. DENSITY, GROSS -- The total number of dwelling units divided by the base site area of the tract. DENSITY, NET -- The density on the buildable portion of the site, not including roadways, open space, drainage facilities, recreation areas or other areas committed to uses other than the principal use of the lot. DETERMINATION -- Final action by an officer, body or agency charged with the administration of this chapter or applications thereunder, except the Board of Supervisors and Zoning Hearing Board. Determinations shall be appealable only to the board designated as having jurisdiction for such appeal. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land. DISTRICT -- A zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto. DWELLING -- A building designed for and occupied exclusively for residential purposes containing one or more dwelling units on a single parcel of land, excluding hotel, rooming house, institutional home, guest houses, residential club, motel, motor court and the like. DWELLING UNIT -- Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. EASEMENT -- A grant of the use of all or part of a parcel of land to the use of the public, a corporation or person, for a specified purpose. FAMILY -- One or more persons related by blood, foster relationship, marriage or adoption and in addition, any domestic servants or gratuitous guests thereof; or a group of not more than six persons who need not be so related and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household. A roomer, boarder or lodger shall not be considered a member of the family. FLOODPLAIN -- Areas adjoining any streams, ponds or lakes which are subject to a one-hundred-year-recurrence-interval flood as delineated by one of the studies described in Article VII or a study conducted by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines. FLOOR AREA -- The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use and basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches or attics having a height of seven feet six inches or less nor any floor space in the accessory building not in the main building intended or designed for the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment. [Amended 11-9-1994 by Ord. No. 79] FLOOR AREA RATIO -- The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area. FORESTRY OPERATIONS [Added 10-8-1996 by Ord. No. 88]: A. FELLING -- The act of cutting a standing tree so that it falls to the ground. B. FOREST COVER -- A category of forest defined by its species composition and environmental factors. C. FOREST MANAGEMENT PLAN -- A written description with a map of a specific forestry operation prepared before the operation commences, which meets the requirements of ~ 234-17F of this chapter and the provisions herein. D. FORESTER -- A person who is, as a minimum, a graduate of a four-year college or university forestry curriculum accredited by the Society of American Foresters. E. FOREST TECHNICIAN -- A person who is, as a minimum, a graduate of a two-year forest technician program accredited by the Society of American Foresters. F. FOREST PLAN PREPARER -- A person who has a minimum of four years experience in the field of forestry including the preparation of forestry plans. G. FORESTRY -- The managing and using for human benefit forest lands and natural resources that occur on and in association with forest lands. It includes, but is not limited to, the planting, cultivating, harvesting, transporting and selling of trees for commercial purposes. H. HAUL ROAD -- A road used to move forest products from the log landing to a public roadway. I. INTERMITTENT STREAM -- A stream whose water flow normally occurs in the wetter parts of the year (October through April) or following major storm events. J. LANDING -- A place where logs are assembled for transportation in loads. K. LOPPING -- To cut tops and slash into smaller pieces to allow material to settle close to the ground. L. OPERATOR -- The individual, partnership, company, firm, association or corporation engaged in the harvest of timber including his agents or subcontractors or employees. M. OWNER -- The individual, partnership, company, firm, association or corporation which holds title to standing timber and to the land on which it is situated, including his agents or subcontractor or employees. N. PERENNIAL STREAM -- A stream whose water flow normally occurs year-round. O. PERMIT -- Written permission, warrant or license granted by a governmental authority. P. SKID ROAD -- Main route for skidding logs from woods to the landing. Q. SKID TRAIL -- A temporary trail used for skidding logs from the site of felling to the main skid road. S. SKIDDING -- Dragging trees on the ground, by any means, from the stump to the landing. T. SLASH -- Debris left after logging, including logs, chunks, bark, branches, stumps and broken understory trees or brush. U. SNAGS -- A standing dead tree without branches or the standing portion of a broken off tree. Snags may provide feeding and/or nesting sites for wildlife. V. STAND -- A grouping of trees of sufficiently uniform species composition, age and condition to be distinguished from surrounding stands and managed as a single unit. W. STAND PRESCRIPTION -- The type of forest management treatment if any, to be applied to a particular stand to achieve the stated management objectives. The stand prescription should include, but not be limited to, detailed instructions on how that treatment is to be carried out on the ground, the desired residual stand and details on any other treatments to be applied. X. STAND REGENERATION TREATMENT -- A selection, shelterwood, seed tree or clear-cut that is designed to replace the existing stand with a new stand of young trees. Y. STREAM -- Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. Z. TOPS -- The upper portion of a felled tree not merchantable because of small size, taper or defect. AA. WILDLIFE HABITAT -- The native environment of an animal ideally providing all elements required for life and growth: food, water, cover and space. HAZARDOUS WASTE -- Solid waste that is especially harmful or potentially harmful to public health as defined in the Pennsylvania Solid Waste Management Act (Act 97). This shall include, but not be limited to, explosives, toxic materials and medical wastes. For the purposes of this chapter, "hazardous waste" does not include small quantities of such waste available on a retail basis to the homeowner (e.g., aerosol cans, fertilizers, herbicides, household cleaners, paints, pesticides, etc.). HEARING -- An administrative proceeding conducted by the Board of Supervisors or the Zoning Hearing Board pursuant to this chapter. HOME OCCUPATION -- An activity for gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling for residential purposes. IMPERVIOUS SURFACE -- Impervious surfaces are those surfaces which do not absorb precipitation and surface water. All buildings, parking areas, driveways, roads, sidewalks, swimming pools and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. IMPERVIOUS SURFACE RATIO -- The impervious surface ratio is measured by dividing the total area of all impervious surfaces within the site by the net site buildable area. JUNKYARD -- An area or land, with or without buildings, used for the storage outside of a completely enclosed building or used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation or of two or more wrecked or broken vehicles or the major parts of two or more such vehicles shall be deemed to make the lot a junkyard. LOADING BERTH -- A space, accessible from a street or driveway, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials, but not to be used for storage. LOT -- A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit. The lot is a parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A. LOT AREA -- The area contained within the property lines of the individual parcel of land shown on a subdivision plan or required by this chapter, excluding the following: (1) Any area within a future street right-of-way; (2) Any area required as open space under this chapter; (3) The area of any easements for above ground drainage facilities, including but not limited to detention basins; and the area of easements for utilities such as pipelines and high tension wires. B. CORNER LOT -- A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°. C. THROUGH LOT -- An interior lot having frontage on two parallel or approximately parallel streets. D. DEPTH OF LOT -- The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot. E. LOT WIDTH -- The distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, "lot width" shall be measured between such side lot line and the opposite rear lot line or street line. F. LANE LOT -- A lot that lies behind a frontage lot and gains access to a public right-of-way via a narrow accessway. LOT LINES: A. LOT LINE -- Any boundary line of a lot. B. LOT LINE, REAR -- Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line and except that in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. C. LOT LINE, SIDE -- Any lot line which is not a street line or a rear lot line. MOBILE HOME -- A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. For the purposes of this chapter, travel trailers are not considered as mobile homes. MOBILE HOME LOT -- A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. MOBILE HOME PARK -- A parcel of land or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. MUNICIPAL SOLID WASTE -- Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities. NONCONFORMING STRUCTURE OR LOT -- A structure or lot which does not comply with the area, setback, yard, building height, location, size, impervious surface or other dimensional requirements of this Zoning Ordinance or amendments heretofore or hereafter enacted where such structure or lot complied with such regulations at the time the structure was constructed or the lot created. Nonconforming structures or lots may continue but shall be subject to the regulations set forth in Article XI of this chapter. NONCONFORMING USE -- A use whether of land or of structure which does not comply with the applicable use provisions in this Zoning Ordinance or amendments heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendments. Lawful nonconforming uses in existence at the time of adoption of this chapter may continue but shall be subject to the regulations set forth in Article XI of this chapter. NORMAL FARMING OPERATIONS -- The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agriculture, agronomic, horticultural, silvicultural and agricultural crops and commodities, provided that such operations are conducted in compliance with applicable laws and provided that the use or disposal of these materials will not pollute the air, water or other natural resources of the commonwealth. It includes the storage and utilization of agricultural and food process wastes for animal feed and includes the agricultural utilization of septic tank cleanings and sewage sludges which are generated off-site. It includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste on land where such materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes. OPEN SPACE -- That area of land and/or water to be restricted from future development for the purpose of protecting natural features or for recreational purposes. Open space does not include land occupied by structures, roads, road rights-of-way, parking lots, land reserved for future parking lots, stormwater detention basins or retention basins, buffer yards or areas of public facilities such as community septic systems, nor does it include any portion of the required minimum lot areas as required by this chapter. A. PUBLIC OPEN SPACE -- Open space in a subdivision which is offered to and accepted by the township. OPEN SPACE RATIO -- The total amount of open space within a site divided by the base site area. PUBLIC HEARING -- A formal meeting held pursuant to public notice by the Board of Supervisors or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter. PUBLIC MEETING -- A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act." PUBLIC NOTICE -- Notice published once each week for two consecutive weeks in a newspaper of general circulation in the township. Such notice shall state the time and place of hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. RECREATIONAL VEHICLE -- A recreational vehicle is a portable structure, self-propelled or towable by a passenger car, of such size and weight as not to require special highway movement permits, primarily designed or constructed to provide temporary living quarters for recreational, camping or travel use or to carry such equipment, not for profit. When used for recreational purposes, it shall be considered a noncommercial passenger vehicle. RECYCLABLE MATERIALS --Those materials which may be processed or refabricated for reuse and which are specified by the township for separation from the regular solid waste. Such material may include, but not be limited to, aluminum products, cardboard, ferrous containers, bimetal containers, glass containers, newspaper, magazines, periodicals, other paper products of various kinds, plastic containers and yard wastes. RECYCLING -- The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste. REPORT -- Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other that a solicitor to any body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request and copies thereof shall be provided at cost of reproduction. RESIDUAL WASTE -- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. RIGHT-OF-WAY -- A strip of land occupied or intended to be occupied by a street, alley, crosswalk, sanitary or storm sewer, stream, drainage ditch or for another special use. The usage of the term "right-of-way" for land plotting purposes in the township shall mean that every right-of-way hereafter established or shown on a final record plan is to be separate and distinct from lots or parcels adjoining such right-of-way and not included with the dimensions of such lots or parcels. A. EXISTING RIGHT-OF-WAY -- The legal right-of-way as established by commonwealth or the township or other government authority and currently in existence. B. FUTURE RIGHT-OF-WAY -- A strip of land required for the widening of existing streets to accommodate anticipated future traffic or to provide future access to or through undeveloped land, as designated by the Township Comprehensive Plan or Chapter 196, Subdivision and Land Development. SEWER: A. PUBLIC SEWER -- Any municipal or publicly owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant, central septic tank disposal system or other disposal system. B. INDIVIDUAL PRIVATE SEWER-- An on-lot septic tank disposal or other disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot or as part of a single development. C. CENTRALIZED PRIVATE SEWER -- An on-lot septic tank disposal or other system for the collection and disposal of sewage or industrial wastes of a liquid nature, including various devices for the treatment of such sewage or industrial wastes, providing for disposal of effluent for more than one building or more than one lot. SIGN -- Any name, name plate, poster, panel, display, illustration, structure or device used for visual communication, which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface for the purpose of bringing the subject thereof to the attention of the public or advertising a business, commodity, service or product or for identifying a business, structure or use of land. SITE -- A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots. SITE AREA -- All land area within the site as defined by the deed and determined by a site survey. A. BASE SITE AREA -- The site area minus existing roads and their ultimate rights-of-way, utilities rights-of-way, other public easements, land which is restricted due to easements or covenants and land shown on previous subdivisions or land development plans as reserved from development for natural resource reasons, recreation and/or open space preservation. B. NET BUILDABLE SITE AREA -- That part of the base site area remaining after the amount of open space necessary for resource protection and/or to meet the open space requirements of this chapter has been calculated and deducted. SOLID WASTE -- Waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. SOLID WASTE FACILITIES -- Solid waste facilities shall mean one or more of the following: A. COMPOSTING PLANT -- A facility at which composting is done. "Composting" shall mean the process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product. "Compostable material" shall mean organic waste which is capable of undergoing composting. Composting activities associated with normal farming operations shall not be included in this definition of composting plant. B. LANDFILL or MUNICIPAL LANDFILL or SANITARY LANDFILL -- A Pennsylvania Department of Environmental Protection-approved facility for disposing of solid waste on land without creating nuisances or hazards to the public health or safety. C. RECYCLING CENTER -- A facility established to receive, process, store, handle and ship recyclable materials. D. RESOURCE RECOVERY FACILITY -- A plant, establishment, set of equipment or other operation which recovers useful materials and/or products, including heat, electricity and/or recyclable materials from otherwise waste materials. A resource recovery facility shall not include a landfill. E. TRANSFER STATION -- A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilities the bulk transfer of accumulated solid waste to a facility for further processing or disposal. F. WASTE-TO-ENERGY PLANT -- A facility used for the incineration of solid waste and the production of steam and electricity or other useful forms of energy. SPECIAL EXCEPTION -- A permission or approval granted to use land for a purpose other than those specified as uses permitted outright within a zoning district, granted by the Township Zoning Hearing Board in accordance with the standards contained in this chapter. STREET -- A right-of-way municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for public utilities. STREET LINE -- The dividing line between a lot and the outside boundary of a public street, road or highway legally opened or officially platted or between a lot and a privately owned street, road or highway over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way. STORY -- That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 1/2 or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor. STRUCTURE -- Any man-made object having an ascertainable stationery location on or in land or water, whether or not affixed to the land. TELECOMMUNICATIONS FACILITIES -- The equipment and structures involved in receiving, transmitting or relaying telecommunications or radio signals including cellular telecommunications facilities (which consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone line). [Added 5-11-1999 by Ord. No. 97] TELECOMMUNICATIONS EQUIPMENT BUILDING -- The building in which electronic receiving, relaying or transmitting equipment for a telecommunications facility is housed. [Added 5-11-1999 by Ord. No. 97] TOWER -- A structure that is intended to support equipment used to transmit and/or receive and/or relay telecommunications or radio signals, including monopoles and lattice construction steel structures. [Added 5-11-1999 by Ord. No. 97] USE -- Any activity, occupation, business or operation carried on or intended to be carried on, in a building or other structure or on a tract of land. USE, ACCESSORY -- A use located on the same lot with a principal use and clearly incidental or subordinate to and in connection with, the principal use. USE, PRINCIPAL -- The main use on a lot. UTILITIES -- Those services customarily rendered by public utility corporations, municipalities or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services such as buildings, wires, pipes, poles and the like. VARIANCE -- Relief granted pursuant to the provisions of this chapter in accordance with the regulations contained herein for Zoning Hearing Boards. WETLANDS -- Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. WOODLANDS-- Areas, groves or stands of trees having a diameter greater than six inches measured at four feet above the ground (diameter breast height, hereafter "dbh") covering an area of 1/4 acre or greater where there is at least one mature tree (10 inches or greater dbh) per 1,500 square feet of lot area; or groves of mature trees having a diameter 10 inches or greater dbh and consisting of more than 10 individual trees with that diameter forming a continuous canopy. [Amended 6-9-1992 by Ord. No. 70] YARD -- An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line. A. YARD, FRONT -- A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. B. YARD, REAR -- A yard between a structure and a rear lot line and extending the entire length of the rear lot line. C. YARD, SIDE -- A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard. ARTICLE III ~ 234-10. Districts. For the purpose of this chapter, the township is hereby divided into districts which shall be designated as follows: OSM Open Space Management ~ 234-11. Zoning Map. [Amended 11-9-1994 by Ord. No. 79] The boundaries of said districts shall be as shown upon the map attached to and made a part of this chapter, which shall be designated the "Nockamixon Township Zoning Map." Said map and all notations, references and other data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described herein. ~ 234-12. District boundaries. Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map, the following rules shall apply: A. Where district boundaries are indicated as approximately coinciding with the center lines of roads, creeks, streams or railroad rights-of-way, such center lines shall be construed to be such boundaries. Where district boundaries are so indicated that they are approximately parallel to center lines of roads, creeks, streams or railroad rights-of-way, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated by scale or dimension on the Zoning District Map. B. Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries. C. Where district boundaries divide a lot, the location of such boundaries shall be determined by use of the scale shown on the Zoning Map unless the boundaries are indicated by dimensions. D. In case any further uncertainty exists, the Zoning Hearing Board shall interpret the intent of the map as to location of district boundaries. ~ 234-13. Federal, state and municipal property. Wherever federal or state-owned property or property owned by any federal or state agency or any political subdivision thereof is included in one or more zoning district, it shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania. The provisions of this chapter shall not apply to properties owned and used by Nockamixon Township for public purposes. ~ 234-14. Purposes and intents of districts. A. OSM Open Space Management. The purpose of the OSM District is to regulate areas which are publicly owned, including but not limited to public open space, such as state game lands, state parks and canal areas. B. RP Resource Protection. The purpose of the RP District is to allow for low-intensity residential uses and agricultural uses in areas of the township where the natural features, such as water supply potential, sewage disposal capability, water quality, slopes and vegetation limit the capacity for more intense development. C. RA Residential/Agriculture. The purpose of the RA District is to provide for residential uses in areas of the township where there are fewer limiting natural features, where agricultural activities now exist and where this district can serve as a transition zone between higher density uses and the state park. D. R Residential. The purpose of the R District is to accommodate suburban-type development in areas where on-site septic tanks are feasible and in areas with existing compatible residential development. E. VC Village Center. The purpose of the VC District is to encourage the preservation of the residential character of the Villages of Revere, Ferndale and Kintnersville by allowing for additional growth of residential uses and limited commercial uses compatible with the village character. Vacant land is intended to be used for higher density housing and for small-scale commercial activities. F. VC-1 Village Center-1. The purpose of the VC-1 District is to allow for a mix of higher density residential uses and small-scale commercial uses in the area of the Harrow and Bucksville. Within this area and the VC District, additional housing at higher densities needed to meet the projected need for higher density housing between now and the year 2000 can be accommodated. G. C Commercial. The purpose of the C District is to allow for commercial uses along Routes 611 and 412 where retail and service facilities, including shopping centers, to serve the needs of area residents can be located. H. I Industrial/Office Park. The purpose of the I District is to allow for industrial activities such as light manufacturing, offices parks and warehousing in areas with direct access to Route 611. This district is also intended to provide locations for solid waste handling, processing or disposal facilities which meet all of the specific site, design, construction, operation and environmental standards as set forth in the use regulations, performance regulations and environmental impact statement requirements set forth herein. I. LI Limited Industrial. The purpose of this district is to allow for a mix of small-scale nonresidential uses and residential uses which are consistent with and are a necessary part of rural communities. The LI districts do not have direct access onto a major roadway and the permitted uses should be limited to those which are not dependent on highway visibility and which do not generate heavy traffic. The district is designed to accommodate mobile home parks as well as other residential uses. The area is in close proximity to the highway network to allow access but is protected from heavy traffic. J. Q Quarry. The intent of the Q District is to provide for safe quarry operations in an area of the township where quarrying exists. K. FP Floodplain. The Floodplain District shall be an overlay district whose restrictions shall supersede those of the underlying zoning district. The purpose of the provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by: (1) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. (2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. (3) Requiring all those uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. (4) Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. ARTICLE IV ~ 234-15. Applicability of regulations. Except as provided by law or this chapter, in each zoning district no building, structure or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated herein. ~ 234-16. Uses subject to other regulations. A. All uses permitted by right, special exception or conditional approval shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and such other provisions as are specified in other articles herein, as well as all applicable state and federal requirements. [Amended 2-13-2001 by Ord. No. 103] B. In particular, the laws of the Commonwealth of Pennsylvania and the local regulations regarding waste disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the necessary regulatory bodies for sewage disposal, unless the premises are served by existing public water and/or sewer facilities. If the use is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the township that these on-lot facilities are adequate to serve the proposed use of the property. ~ 234-17. Agricultural use regulations. A. A-1 Agriculture and Horticulture. (1) Agriculture and horticulture shall include the growing, storage and/or sale of field, truck, nursery and tree crops. Such use may include single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property. The keeping of livestock, horses or poultry shall be limited to lots of at least two acres. On lots of less than 10 acres, there shall be no more than two head of livestock per acre and no more than 100 fowl per acre. (2) Feedlots, pens and confinement areas shall not be situated less than 30 feet from any stream, swale or body of water. B. A-2 Riding Academy/Boarding Stable: riding academy, livery or boarding stable, subject to the following provisions: (1) A lot area of not less than 10 acres shall be required. (2) Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for Agriculture and Horticulture, Use A-1. C. A-3 Noncommercial Kennel. The keeping of more than four but fewer than 10 dogs and/or domesticated animals that are more than four months old for breeding and training is permitted, provided that the following conditions are met: (1) Minimum lot size shall be four acres. (2) No animal shelter or runway shall be located closer than 200 feet to any property line. (3) The kennel shall be constructed so that the animals cannot stray therefrom. D. A-4 Accessory Agricultural Sales/Farm Stands. Sales of agricultural products may be conducted from a permanent or portable structure as an accessory use to the use A-1 and A-7, under the following conditions: (1) Farm produce shall be limited to plant material and crops harvested from plants. (2) At least 25% of the produce must be grown or raised on the property or in the immediate region. (3) Temporary sales buildings or stands may be located within the required yard areas as set by the zoning district so long as the stand or building is a minimum of 25 feet from the edge of the roadway. Permanent establishments shall be constructed in accordance with the zoning district requirements. E. A-5 Agricultural Support Services and Retail: establishments for the sale and service of farm equipment and the sale and supply of farm supplies, such as feed, grain, fertilizer and related accessory products. F. [Amended 6-9-1992 by Ord. No. 70; 10-8-1996 by Ord. No. 88] A-6 Forestry. Forestry includes commercial logging operations, harvesting of trees and other operations involving the clearing or destruction of wooded areas. Not included under this use is the authorized clearing of woodlands in accordance with approved subdivision/land development plans and/or construction of dwelling unit and driveway on a single lot pursuant to the performance standards included within ~ 234-36 of this chapter, the removal of diseased or dead trees and normal domestic property maintenance. Forestry operations involving the cutting down of 20 or more merchantable trees on any contiguous wood lot per year shall be undertaken only in accordance with the following (Note: operations not requiring a use permit as indicated above may require other permits such as Bucks County Conservation District approval.): (1) A use permit shall be issued by the township prior to the commencement of forestry operations, as required above. The township shall have the right to have the permit application reviewed by a forester and it must be accompanied by the following information: (a) A forestry plan shall be prepared by a forester, forest technician or forest plan preparer for each forestry operation, as defined above, within Nockamixon Township. (b) The forestry plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act). (c) The forestry plan shall address, at a minimum, the following: [1] Design of the temporary road system. [2] Water control structures. [3] Stream crossings. [4] Log landings. [5] Haul roads, skid roads and skid trails. [6] Maintenance. [7] Road use. [8] Road and log landing restoration. [9] General location of the anticipated operation in relation to municipal and state highways. [10] Property boundary for the tract on which the logging will take place and boundary of the proposed harvest area. [11] A stand prescription for each stand located in the proposed harvest area. [12] Copies of all required permits shall be submitted as an appendix to the forestry plan. [13] When the harvest is completed, both the dirt road used by the trucks and the skid roads used to drag the logs from the woods to the leading area must be seeded and mulched. (d) Proof of current general liability and worker's compensation insurance. (e) Proof of PennDOT Highway Occupancy Permit or township driveway permit for temporary access as applicable. (f) Where forestry activity will access a township road, adequate financial security in an amount determined by the Township Engineer shall be posted by the applicant to secure the repair of damaged improvements within the township right-of-way attributable to the forestry activity. [Added 2-13-2001 by Ord. No. 103 ] (g) Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required. (2) The following requirements shall apply to all forestry operations: (a) The township shall be notified three working days prior to the commencement of operations and upon completion of all work prescribed under the forestry plan. (b) The forestry plan and all related permits shall be available at the forestry operation site. (c) General operational requirements. The following requirements shall govern all forestry operations: [1] Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare. [2] No tops or slash shall be left within 25 feet of any public cartway. [3] All tops and slash between a distance of 25 feet and 50 feet from a public thoroughfare shall be lopped to a maximum height of six feet above the surface of the ground. [4] No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner. [5] Litter resulting from any forestry operation shall be cleaned up and removed from the site before it is vacated by the operator. [6] Any soil, stones and/or debris carried onto public cartways must be removed immediately. (d) All forestry operations and forestry plans shall comply with the requirements of all applicable state laws and regulations including, but not limited to, the following: [1] Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. ~ 691.1 et seq.). [2] Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. ~ 693.1 et seq.). G. A-7 Nursery and Greenhouse: the outdoor or indoor raising of plants, shrubs and trees for sale and transplantation. This use does not include a garden center or other such facility whose main activity is the retail sale of plants and shrubs. (1) Retail sales shall be permitted in association with the nursery or greenhouse, provided that the sales facilities meet the requirements of use A-4 Accessory Agricultural Retail. Any nursery or greenhouse which has associated with it accessory agricultural retail sales shall have a lot area not less than 15 acres. (2) Any building or structure associated with the nursery or greenhouse shall meet the yard, lot width and setback requirements for single-family detached dwellings for the district in which the use is located. One single-family detached dwelling shall be permitted on the property. ~ 234-18. Residential use regulations. A. B-1 Single-Family Detached Dwelling: a building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof. B. B-2 Village House: a village house is a single-family detached dwelling on a separate lot. It differs from other forms of single-family detached housing in its lot size and its placement on the lot, which are similar to houses found in the historic villages and towns. The house is placed very close to the street and is additionally distinguished from other single-family houses by planting or architectural treatments. Each unit shall require a minimum of one of the following characteristics: (1) An unenclosed porch, running across at least 3/4 of the house front and being at least seven feet in width. (2) A front yard raised above sidewalk grade by at least 18 inches with a retaining wall of at least 18 inches. (3) A front yard enclosed by a permanent wall or fence of wood or masonry construction at least 30 inches in height. (4) Hedge yard: a hedge enclosing the front yard using bushes at least 24 inches in height, planted adjacent to each other so as to form a continuous hedge. C. B-3 Twin Dwelling: a building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building. Where a private garage is structurally attached to such a building, it shall be considered a part thereof. D. B-4 Duplex Dwelling: a building designed for and occupied exclusively as a residence for two families living independently of each other with one family wholly or partly over the other and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such building, it shall be considered a part thereof. E. B-5 Townhouse Dwelling: a dwelling on a lot designed and occupied exclusively as a residence for one family, having independent outside access and attached to but separated from adjoining dwellings by not more than two party walls. (1) Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such dwellings may be so attached in any one group. (2) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be required. A minimum of two feet variation in setback shall occur at least every third dwelling. F. B-6 Multifamily. (1) A building, not a townhouse, on a lot designed for and occupied exclusively as a residence for three or more families living independently of one another; an apartment house or apartment complex. (2) The maximum length of such a building shall be 120 feet. (3) Multifamily residences shall be arranged in groups or clusters and not in long rows parallel to street lines. (4) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used. (5) The distance between any two buildings either of which faces or backs upon the other in whole or in part shall not be less than 75 feet. (6) The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet. (7) The distance between any building face and a parking area shall not be less than 20 feet. G. B-7 Single-Family Detached Cluster. A single-family detached cluster use shall be limited to single-family detached dwellings on individual lots. Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features, park land, recreational facilities, community facilities, historic sites or other public uses. (1) All single-family detached dwelling units within a cluster development shall include front, rear and side yards. (2) The tract of land to be developed shall be a minimum of 12 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan. (3) Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings. (4) Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. (5) Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction or agreement acceptable to the Board of Supervisors and duly recorded in the Bucks County Recorder of Deeds Office which restricts further subdivision or development. (6) Ownerships, methods of conveyance and maintenance regulations as set forth herein shall apply. H. B-8 Residential Conversion: the conversion of an existing structure into more than one dwelling; or the conversion of an accessory building into no more than one dwelling; or the conversion of a nonresidential building into one or more dwelling units. In no case shall more than eight dwelling units be created through the residential conversion process. I. B-9 Senior Citizen Housing. (1) Senior citizen housing shall be in the form of a planned community for senior citizens of 55 years of age or older, which provides proper care, supervision, living accommodations and recreation for said senior citizens. Such use may include life care and continuing care facilities and personal care facilities. (2) The site design, area and dimensional requirements for multifamily developments as specified in Use B-6, Multifamily Dwellings, shall apply to the development of senior citizen housing. (3) The establishment may include support facilities in accordance with the following standards: (a) Retail facilities for the use of residents and their guests only. No outside advertising shall be permitted. The retail facilities are limited to the following types: barber or beauty shop, pharmacy, commissary, newsstand, gift shop, snack bar/coffee shop, thrift shop, handicraft shop. (b) Nursing home designed for temporary or long-term care. The nursing home shall meet the requirements of Use C-10, Nursing Home. (c) Open space and recreation areas shall be included in the senior citizen housing development. A minimum of 20% of the site shall be developed as passive recreation areas designed for sitting and walking. J. B-10 Community/Group Home. (1) Such facilities shall be for the purpose of providing temporary or permanent housing for more than two and fewer than eight persons who are unable to provide a home for themselves, including the mentally or physically handicapped, emotionally handicapped or the elderly. (2) A community home use shall be operated by a group, organization, corporation which is licensed by the county or the state and must comply with all appropriate regulations of any governmental agency authorized to regulate said group, organization, corporation, etc. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer prior to the granting of the zoning permit. (3) An employee shall be on the premises 24 hours a day and shall provide supervision for the residents. (4) A community home shall meet the required lot area, yard, setback and lot width requirements for single-family detached dwellings in the zoning district in which it is located. K. B-11 Guest Houses/Bed-and-Breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions: (1) No more than six guestrooms may be provided. (2) The minimum lot size for the guest house use shall be three acres for the first guestroom and one additional acre for each additional guestroom. In no case shall the lot area be less than that required for single-family detached dwellings in the zoning district in which the proposed guest house is located. (3) One off-street parking space shall be provided for each guestroom, plus one space for each employee and two spaces for the owners of the property. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material of equal height. Such plant material shall be permanently maintained and any plant material which does not live shall be replaced within one year. (4) At least one bathroom shall be provided for each two guestrooms. (5) External alterations, additions or changes to the exterior structure shall be minimized except where required by any governmental agency for safety reasons. (6) The use shall be carried on primarily by members of the immediate family which must reside on the premises. (7) There shall be no separate kitchen or cooking facilities in any guestroom. (8) The maximum uninterrupted length of stay at a guest house shall be 14 days. (9) The use of any amenities provided by the guest house such as swimming pool or tennis courts shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment. (10) There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed 10 square feet. (11) If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time. (12) A buffer yard of 50 feet in width shall be provided from adjacent property and street lines. No structure may be located within the buffer yard. The buffer yard may be included within the required front, side or rear yards. (13) The use may not be established until the applicant has submitted a site plan to the township which demonstrates compliance with this chapter. The guest house may be periodically inspected by township or county officials for compliance with all township requirements and safety standards. L. B-l2 Mobile Home Park. A mobile home park is a parcel of land or contiguous parcels of land which has been so designated and improved so that it contains two or more mobile home lots for the placement thereon of mobile homes. (1) The minimum lot size for a mobile home park shall be 10 acres. (2) Mobile home parks shall be buffered in accordance with the buffering requirements of this chapter. (3) No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad, which shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon. (4) Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line. (5) All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be: (a) Compatible in design with the mobile home to which it is attached. (b) Sufficiently tight to prevent access by small animals but also to allow ventilation to inhibit interior decay and deterioration. (c) Totally opaque so that no part of the space between the floor of the mobile home and the mobile home stand is externally visible. (d) Constructed of materials designed and commonly used for weather surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself. (6) There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures associated therewith and other mobile homes, adjoining pavement of a park street or common parking area or other common areas or structures. (7) No mobile home, parking, loading or service area shall be located less than 75 feet from a street ultimate right-of-way or other property line. (8) All utilities shall be placed underground within the mobile home park. (9) Not more than 10% of the total number of mobile home spaces shall be rented for residential use of a mobile home for periods of less than 180 days. (10) All interior parking, service, accessways and streets shall be constructed in accordance with Chapter 196, Subdivision and Land Development. (11) Park areas for nonresidential use. (a) No part of any park shall be used for nonresidential purposes except such uses that are required for direct servicing, management or maintenance of the park and its residents. (b) Nothing contained in this article shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities. (12) All mobile home parks shall be served by centralized sewage disposal systems and centralized water supply systems. M. B-13 Private Camp or Cottage Development: a development planned as a whole for seasonal recreational use, comprising two or more cottages and other related buildings, including camps for boys and/or girls using two or more cottages for shelter or sleeping purposes. Camps may include a dining hall, swimming pool, tennis courts or other accessory facilities reserved for use by the camp residents. (1) The main use of the proposed development shall be seasonal, summer or winter and no occupant shall be permitted to remain for a total period exceeding 180 days during any one calendar year except for an owner-occupant of the facility. (2) The minimum lot area shall be 25 acres. (3) The maximum overall density shall not exceed one cottage for every two acres of site area. (4) No mobile home or recreational vehicle, as defined herein, shall be permitted as part of a cottage development or private camp. (5) Cottages shall be clustered within one portion of the site so that a minimum of 75% of the site shall be left as undisturbed open space. ~ 234-19. Religious, educational, recreational and institutional use regulations. A. C-1 Place of Worship: any structure or structures used for worship or religious instruction, including social and administrative rooms accessory thereto, but not including any commercial activity. Where said use abuts a residential use, the minimum side yard shall be doubled. Minimum lot size shall be five acres. B. C-2 School: a private school, religious or nonreligious or a public school which is not conducted as a private, gainful business and is licensed under the proper governmental authority: (1) The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the lot area recommendations of the Pennsylvania State Board of Education. (2) Minimum yards shall be as follows: (a) Front yard: 200 feet. (b) Side yard: 100 feet each. (c) Rear yard: 200 feet. C. C-3 Commercial School: a trade, professional, music, gymnastics, art, dancing or other similar school. D. C-4 Library or Museum: a library or museum open to the public or connected with a permitted educational use and not conducted as a private, gainful business. Parking areas shall be adequately screened when situated next to land zoned for or in residential use. E. [Amended 11-9-1994 by Ord. No. 79] C-5A Public and Nonprofit Recreational Facility: a recreational facility, open space or park, owned or operated by the municipality, other governmental agency, nonprofit or quasi-public association. (1) The use shall not be conducted as a private gainful business. The principal activity shall not be one which is customarily carried on as a business. (2) Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided. (3) No outdoor active recreation area shall be located nearer to any lot line than 100 feet. (4) Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and/or any other applicable regulations. F. C-5B Public and Nonprofit Recreational Facility/Shooting Range and Quasi-Military Games [Amended 11-9-1994 by Ord. No. 79]. (1) Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply: (a) A shooting range shall be permitted by conditional use only in the C, I and LI districts. (b) For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, the minimum lot area shall be as required by the applicable zoning district. (c) The range shall be designated and constructed in accordance with then-existing National Rifle Association's standards for the particular type of range and shall comply with future NRA standards as enacted. (d) The range shall be operated in strict accordance with the existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted. (e) The range shall be used only for the type of firearms for which it is designed to accommodate. (f) An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (g) The safety of adjoining properties shall be a primary consideration in the location of the rifle range. (h) No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter or any other applicable standards. (i) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers may be required at the direction of the Board of Supervisors. (j) The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (2) Where the recreation facility includes quasi-military operations, games or training, including but not limited to paintball or war game games, the following additional requirements shall be met: (a) Such use shall be permitted by conditional use only in the C, I and LI Districts. (b) A minimum lot area of 20 acres shall be required. (c) A buffer or out-of-bounds area shall be established within which no games under this use shall take place any closer than 150 feet to a street line or a property boundary. The buffer area shall be clearly delineated by placing material approved by the Board of Supervisors in a continuous band around the area where games would be conducted. The marking of the buffer area shall be continuously maintained. The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (d) The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (e) No tournament shall take place except upon approval of a further conditional use by the Board of Supervisors wherein it is established, among other considerations, that no violations of conditions of this chapter have occurred. (f) No retail sales shall be conducted from the premises including, but not limited to the sale of clothing, weapons, ammunition other than paintballs and the like. (g) Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site. (h) No alcoholic beverages shall be permitted or consumed on the site. (i) Rules of conduct shall be posted and enforced. (j) No activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (k) Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games. (l) At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site. (3) Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. G. C-6 Private Recreational Facility: a private recreational facility or park. [Amended 11-9-1994 by Ord. No. 79] (1) This use may be conducted as a private gainful business. This use shall only be permitted in the C Commercial, I Industrial and LI Limited Industrial Zoning Districts by conditional use. (2) Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be provided. (3) No outdoor active recreation area shall be located nearer to any lot line than 100 feet. (4) Outdoor play areas shall be screened and buffered so as to protect the neighborhood from noise and other disturbances. Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential zoning district or adjacent to a residential use. (5) Where the recreational facility includes a shooting range, such as a rifle range, sporting clays, trap shoots and other uses involving the discharge of firearms, the following additional requirements shall apply: (a) For an outdoor shooting range, a minimum lot area of 10 acres shall be required. For an indoor shooting range, a minimum lot area shall be required as per the applicable zoning district. (b) The range shall be designated and constructed in accordance with then-existing National Rifle Association's standards for the particular type of range and shall comply with future NRA standards as enacted. (c) The range shall be operated in strict accordance with then-existing National Rifle Association's standards for operation and safety and shall comply with future NRA standards as enacted. (d) The range shall be used only for the type of firearms for which it is designed to accommodate. (e) An outdoor range shall not be lighted for night time use. The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (f) The safety of adjoining properties shall be a primary consideration in the location of the rifle range. (g) No shooting range shall be permitted, the operation of which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (h) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers may be required at the direction of the Board of Supervisors. (i) The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (6) Where the recreational facility includes quasi-military operations, games or training, including but not limited to, paintball or war game games, the following additional requirements shall be met: (a) A minimum lot area of 20 acres shall be required. (b) A buffer or out-of-bounds area shall be established within which no games under this use shall take place any closer than 150 feet to a street line or a property boundary. The buffer area shall be clearly delineated by placing material approved by the Board of Supervisors in a continuous band around the area where games would be conducted. The marking of the buffer area shall be continuously maintained. The perimeter of the property shall be posted clearly to warn persons regarding the activities on the property. (c) The hours of operation shall be determined by the Board of Supervisors at the time the conditional use application is made. (d) No tournament shall take place except upon approval of a further conditional use by the Board of Supervisors wherein it is established, among other considerations, that no violations of conditions of this chapter have occurred. (e) Board of Health approval shall be obtained in accordance with the municipal sewage facilities plan (Act 537 plan) for sanitary facilities on site. (f) No alcoholic beverages shall be permitted or consumed on the site. (g) Rules of conduct shall be posted and enforced. (h) No such activity shall be permitted which would constitute a public nuisance in accordance with Nockamixon Township Nuisance Ordinance No. 7, as amended, this chapter and any other applicable regulations. (i) Motorized vehicles, including but not limited to recreational vehicles, must be confined to parking areas during games. (j) At no time shall live ammunition of any type be stored or carried onto the area designated as the in-bounds buffer area or game field of the site. (7) Parking: one off-street parking space for each five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. H. [Amended 11-9-1994 by Ord. No. 79] C-7 Golf Course: an area designed for the play of the game of golf containing greens, tees, fairways, bunkers and related areas. This use shall not include a miniature golf course. (1) Minimum lot area: 80 acres. (2) The golf course may include the following accessory uses: practice driving ranges and putting greens; rest rooms and rain shelters; maintenance facilities; golf cart storage; golf club and general storage facilities; caddy shack; golf club repairs facilities; and pro shops. (3) No building shall be closer than 100 feet to any lot line or street line. (4) No golf hole shall be closer than 150 feet to a lot line or street line, measured from the center line of the hole. (5) Clubhouse facilities. Clubhouse facilities, including locker rooms, restrooms and shower facilities; administrative, management and club membership offices; private dining facilities; including formal dining, grillroom, bar and lounge and snack bar; and indoor and outdoor recreational facilities. Such uses shall be permitted only if they are clearly accessory to the golf course. (6) Parking: Three off-street parking spaces for each hole. In addition, where a clubhouse is proposed in conjunction with a golf course, one off-street parking space for every five persons of total capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces. (7) Any pedestrian and/or golf cart crossing of a public roadway shall be grade separated from the public roadway and subject to approval of the township. I. C-8 Community Center. A community center is an educational, social or recreational center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following additional provisions: (1) The use shall not be conducted as a private, gainful business. (2) No outdoor recreational area shall be located nearer to any lot line than 100 feet. (3) The minimum lot size shall be three acres. J. C-9 Day Care Service: day-care service for more than six children, providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services. (1) The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day Care Division. (2) Buffer yards of a minimum width of 20 feet planted in accordance with the standards of this chapter shall be provided if the use is located within a residential district or adjacent to a residential use or residential district. K. C-10 Nursing Home. (1) A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include senior citizen housing, life care or continuing care facilities, but it can be part of such an establishment in accordance with the standards set herein. (2) Minimum lot size shall be five acres. L. C-11 Hospital: a state-licensed facility subject to the following provisions: (1) The minimum lot area shall be 10 acres. (2) The minimum lot width shall be 500 feet. (3) A hospital shall have direct access from a major collector or arterial highway. M. C-12 Cemetery. A cemetery shall be limited to a burial place or graveyard, including a mausoleum. (1) The minimum lot size shall be 10 acres. (2) No more than 10% of the entire area may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses or repair shops. This restriction includes parking facilities. (3) A buffer strip of at least 20 feet shall be provided between a building or burial site and the cemetery property line. (4) One dwelling, to be used for custodial personnel, may be permitted. (5) The maximum height of permitted buildings shall be no more than 35 feet. (6) There shall be no more than one identification sign at each entrance. (7) The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located. (8) No such entrance features shall exceed 12 feet in height. (9) Such use may be an accessory use to a place of worship. N. C-13 Municipal Building: a municipal administration building, municipal police station, courthouse, district justice office, road maintenance facility or similar facility. O. [Amended 11-9-1994 by Ord. No. 79] C-14 Private Club: a private club or lodge established for the fraternal, social, educational, civic or cultural enrichment of its members, whose members meet certain prescribed qualifications for membership and pay dues. (1) The use shall not be conducted as a private gainful business. The principal activity shall not be one customarily carried on as a business. (2) The use shall be for members and their authorized guests only. (3) Dining services and/or the service of alcoholic beverages may be provided for members. These services shall not be provided to the general public. (4) No outdoor active recreation area shall be located closer than 100 feet to any lot line. (5) Buffer plantings shall be provided along property lines of the range in accordance with ~ 234-30 of this chapter and ~ 196-36 of the Nockamixon Township Subdivision and Land Development Ordinance. Additional buffers shall be required at the direction of the Board of Supervisors. (6) This use does not include a shooting range or quasi-military games. (7) Parking: one off-street parking space for every three persons present at such facilities when they are filled to capacity or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to members and guests, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee. ~ 234-20. Office use regulations. A. D-1 Office: a building(s) for business, professional or governmental offices. (1) Such use shall be carried on wholly indoors and within the principal building. (2) No office building shall have as its principal tenant a store, beauty shop or other personal service shop, and a maximum of 20% of an office building may be devoted to such nonoffice uses. B. D-2 Medical Office: a building or buildings with multiple offices for one or more physicians or dentists for examination or treatment of persons as outpatients and laboratories incidental thereto. C. D-3 Veterinary Office or Clinic: the office of veterinarian. If a kennel is part of the office or clinic, the use shall meet the regulations of Use A-3, Noncommercial Kennel, or E-21, Commercial Kennel, if the capacity of the kennel facility exceeds 10 dogs or domesticated animals. ~ 234-21. Retail and consumer services use regulations. A. [Amended 6-9-1992 by Ord. No. 70] E-1 Retail Trade and Retail Service: establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods; or establishments primarily engaged in providing services involving the care of a person or his or her apparel. This use shall include garden center: a retail store selling plants, pottery, potting soil, fertilizers, mulch, garden tools, hardware and the like or any combination thereof as a primary use of the premises. Garden centers are only permitted as E-1 uses. Such use does not include an eating place or other use specifically designated in this chapter as a separate use. (1) All products produced on the premises shall be sold on the premises. (2) Over-the-counter sale of alcoholic beverages in taverns and bars is not included. (3) Stores or groups of stores with a gross floor area in excess of 10,000 square feet are not included. B. E-2 Large Retail Store. A large retail store is a store with greater than 10,000 square feet of floor area; and any variety store, supermarket, department store, home improvement center or discount store, regardless of size. C. E-3 Financial Establishment. (1) A financial establishment shall include a bank, savings and loan association, credit union or other financial establishment. (2) If a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window. D. E-4 Eating Place: any place for the sale and consumption of food and beverages without drive-through window service, which is prohibited. E. E-5 Eating Place, Drive-Through and Fast-Food: cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises. (1) The use must have direct access to a collector or arterial street. (2) There shall be only one point of ingress and only one point of egress per collector or arterial street. (3) Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of nine cars. The stacking lane shall not be used for parking lot circulation aisles, nor shall it in any way conflict with through circulation or parking. (4) A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. (5) All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties by an enclosed fence at least six feet in height to prevent trash from blowing from the area and to serve as a visual screen for the trash area. (6) Trash receptacles shall be provided outside the restaurant for patron use. F. E-6 Repair Shop: any business for the repair of consumer goods, but not including repair of automobiles, motor vehicles or motorcycles and not including the repair of other items which, as part of the repair process, causes noise, fumes or other disturbances to emanate to the property line of the establishment. G. E-7 Motel or Hotel: a building or group of buildings containing rooms for rent for the accommodation of transient guests and may include an eating place. (1) The use must have direct access to a collector or arterial street. (2) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush toilet, a lavatory basin and a bathtub or shower. H. E-8 Entertainment. (1) An entertainment facility shall include a bowling alley, skating rink, billiard hall, indoor movie theater, theater or other similar uses. This use shall not include any activity which meets the definition of Use E-18, Adult Entertainment. (2) No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate beyond the property boundaries. I. [Amended 2-13-2001 by Ord. No. 103] E-9 Service Station: a facility whose principle function is the sale of gasoline and fuels for motor vehicles and/or routine automobile service and inspection, which may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs or vehicular sales. Minor automobile accessories and food or beverage items may also be sold, subject to the limitations of this chapter. Any use which provides for gasoline and fuel sales directly to retail customers shall be considered to be a service station and shall meet the requirements of this use. (1) Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts. (2) The minimum lot area shall be one acre. (3) Access to roads shall be at least 50 feet from the intersection of any streets. (4) Such use may only be located on an arterial road. (5) All fuel tanks shall be placed underground. (6) All pumps, lifts and other service facilities shall be located not closer than 35 feet to any property or street line. (7) No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent roads or residential properties. (8) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building. (9) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. [Amended 6-10-1997 by Ord. No. 90] (10) Access to the street shall be physically controlled by a minimum 10 feet wide landscape strip along all street frontages except where broken for accessways. [Amended 6-10-1997 by Ord. No. 90] (11) All automobile parts and similar articles shall be stored within a building. (12) Junk vehicles shall not be stored in the open at any time. (13) The sale or rental of automobiles, trucks or other motor vehicles shall be prohibited. (14) A service station may contain the following four types of activities: fuel pumps; convenience commercial, which is the sale of convenience food and beverage items; service bays; and/or car wash. Convenience commercial shall be limited to 4,000 square feet of floor area and meet the requirements of the use convenience store (E-17) of this chapter, except that the minimum lot area required for a convenience store operated as part of a service station shall be one acre total. (15) No drive-through windows are permitted for sale of convenience items. J. [Amended 2-13-2001 by Ord. No. 103] E-10 Motor Vehicle Sales: the sale and lease of new and/or used automobiles, boats, motorcycles; or car, motorcycle and/or boat rentals; or the sale and/or rental of travel campers and recreational vehicles. This use may include trucks with a maximum gross vehicle weight not exceeding 10 tons. (1) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (2) All facilities shall be located and all services be conducted within the confines of the lot. (3) All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building. (4) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. [Amended 6-10-1997 by Ord. No. 90] (5) Access to the street shall be physically controlled by a minimum ten feet wide landscape strip along all street frontages except where broken for accessways. [Amended 6-10-1997 by Ord. No. 90] (6) All vehicle parts and similar articles shall be stored within a building. (7) Storage or display of automobiles, trucks, boats and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet. (8) There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors. (9) An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of use E-11 Automotive Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use. (10) All refuse shall be stored within a building or enclosed area. K. E-11 Automotive Body Repair and Paint Shop: establishments doing paint spraying, body and fender work and custom body work. (1) All such work shall be performed within a building. (2) All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties. (3) No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days, unless screened from all adjacent roads and properties by a fence or compact hedge at least eight feet in height. (4) All facilities and operations must comply with all applicable state and federal regulations. [Added 2-13-2001 by Ord. No. 103] L. E-12 Car Wash. (1) A car wash shall include a water recycling facility. (2) Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow. (3) The facility shall have a drainage system which ensures that water will not collect on driveways, sidewalks or streets. M. E-13 Shopping Center: a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria: (1) Such centers shall have a lot area of not less than 10 acres and a lot width of not less than 500 feet at the street right-of-way line. (2) Such centers may only be located on an arterial or higher order road. (3) The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style, approved by the Board of Supervisors. (4) Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met. (5) All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view. (6) Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted. (7) All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without interference from vehicular traffic. No freestanding buildings without such connections shall be permitted as part of a shopping center. N. E-14 Specialty/Neighborhood Shopping Facility: small stores dealing in handicrafts, art, flowers, boutiques, antiques, small specialty household items or other household goods or other similar items; major chain stores, supermarkets, department stores, discount stores, service stations, home centers or variety stores shall not be permitted. (1) Minimum lot area is three acres. (2) The maximum size of any one shop shall be 3,000 square feet. (3) The facility shall be planned and designed as a single complex centering around a pedestrian or common area. (4) The facility shall be designed with a single architectural theme and with signs and lighting compatible with a small-scale shopping facility. (5) The distance, at the closest point, between any two buildings or groups of units of attached buildings shall not be less than 20 feet. O. E-15 Funeral Home: a mortuary or funeral home; but not including a cemetery, columbarium, mausoleum or other permanent storage facility. P. E-16 Recreational Campsites: a lot on which two or more campsites are located, established or maintained for occupancy as temporary living quarters for recreation or vacation purposes. A campsite shall be a plot of ground intended for the accommodation of either a recreational vehicle, tent or other individual camping unit. Such campsites shall be rented by the day, week or month only and occupants of such sites shall not use the campsite as a permanent residence. Campsite facilities may include an accessory retail facility which sells food and consumer items to the residents of the campsite. Such retail facility shall be accessory to the campsite and shall not have more than 1,200 square feet of sales area. (1) The minimum site area shall be 10 acres. (2) The maximum density permitted is 10 campsites per acre. (3) Sewage disposal facilities shall be satisfactory to the Bucks County Department of Health. (4) A minimum of 40% of the site shall be kept as open space, exclusive of buffer yards. Buffer yards shall be 200 feet from all property lines. (5) The maximum stay in the facility by any individual or family shall not exceed six months in any one calendar year. Q. [Amended 2-13-2001 by Ord. No. 103] E-17 Convenience Store: a retail store offering primarily groceries, prepared food items and other small consumer items intended for quick carry-out trade. Where sale of gasoline or fuel is proposed, the use shall be located only in the district where the use service station (E-9) is permitted and only where the requirements for service station use are met. (1) Minimum lot area shall be one acre. (2) Access to the street shall be physically controlled by concrete curbing at least 8 inches in height and a ten-foot-wide landscaped strip along all streets frontages and broken only for accessways. (3) There shall be no more than one access point into the facility from each street on which the facility has frontage, unless specifically permitted by the Board of Supervisors. (4) Such use may only be located on an arterial road. (5) No drive-through windows are permitted. (6) Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located in the rear of the structure and shall be screened from view and landscaped. (7) Establishments which offer food items for sale, other than prepackaged food items, must meet current Bucks County Department of Health regulations, including a food establishment license and public water supply permit. R. E-18 Adult Entertainment: establishments devoted to the display and selling of materials which are pictures, drawings, photographs, videos or other depictions or printed material and paraphernalia or explicit sexual materials which, if knowingly sold to or viewed by a child under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof. The following provisions shall also apply: (1) A building or structure for such use shall be located no less than 500 feet from any residential use or residential district, public or private school, church, recreation facility or park or any other religious, educational or institutional use. (2) No materials sold within shall be visible from any window, door or exterior of the building. (3) No persons under the age of 18 years of age shall be permitted within an adult entertainment establishment. S. E-19 Mini-Warehouse. Such use shall be limited to the storage of personal property within a mini-warehouse structure. (1) Such use shall be surrounded by a physical barrier, such as a fence, measuring at least six feet in height, and by a buffer strip at least ten feet in width. The buffer strip shall be planted outside of the fence or other barrier and shall consist of plants which will hide the fence from view from the street and other properties. (2) The minimum driveway width between buildings shall be 25 feet. (3) No business activity other than leasing of storage units shall be permitted. (4) All storage shall be within enclosed buildings, except that no more than 10% of the total storage area may be devoted to outdoor parking spaces for boats, cars, recreational vehicles or other noncommercial vehicles. (5) Storage of explosive, radioactive or highly flammable materials and chemicals is prohibited. T. E-20 Flea Market: the outdoor sale of handicraft items, art, flowers, household goods and antiques. (1) The maximum site area shall be 10 acres. (2) The minimum site area shall be five acres. (3) The minimum setback from all property lines and the street right-of-way line shall be 50 feet. (4) A planted buffer 25 feet in width shall be provided wherever the use abuts a noncommercial district or use. (5) Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building are prohibited. (6) Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation. U. E-21 Commercial Kennel. The keeping of more than 10 dogs and/or domesticated animals that are more than four months old for breeding, boarding, grooming and training is permitted, provided that the following conditions are met: (1) Minimum lot size shall be 10 acres. (2) No animal shelter or runway shall be located closer than 300 feet to any property line. (3) The kennel shall be constructed so that the animals cannot stray therefrom. (4) The property shall have a buffer yard 20 feet in width containing a dense screen of plantings, planted in accordance with ~ 234-30 of this chapter, along all property and street lines. (5) The number of dogs and/or other domesticated animals shall not exceed 10 per acre. ~ 234-22. Common carriers, public utilities and public service organizations use regulations. A. [Amended 5-11-1999 by Ord. No. 97] F-1 Utility Operating Facility: a transformer station, pumping station, electrical substation, sewage treatment plant and other public utilities not including a public incinerator, public or private landfill or telecommunications facility. (1) For broadcasting towers and water storage facilities, the maximum height shall be determined by the Board of Supervisors in accordance with the needs of the facility as well as the need to protect community safety and appearance. A broadcast tower is a tower to be used for broadcasting on public airwaves and licensed by the Federal Communications Commission, not a private broadcast facility for use by ham radio operators or other individual broadcasters. (2) The following minimum setbacks from all property lines shall be provided: (a) Water tower: setback not less than the height of the tower, plus 100 feet. (b) Electrical substation: 50 feet. (c) Well facility: 100 feet. (d) Sewer pumping station: 50 feet. (e) Water treatment facility: 100 feet. (f) Water pump station: 20 feet. (g) Sewage treatment plant: 200 feet. (h) Broadcasting tower: setback not less than the height of the tower, plus 200 feet. (i) All other uses: 50 feet. (3) The area required for each facility shall be adequate to accommodate the above setbacks, parking requirements and other building requirements. (4) No parking shall be permitted within the required setbacks. (5) No zoning permit shall be required for utilities to be located in public streets or rights-of-way. (6) These standards shall apply to utility operating facilities which are principal uses as well as to utility operating facilities which are accessory uses. B. F-2 Emergency Services: emergency services such as fire, ambulance, rescue and other emergency services of a municipal or volunteer nature. (1) For facilities without a community room, there shall be a minimum lot size of one acre. (2) For facilities with a community room, there shall be a minimum lot size of two acres. C. [Added 5-11-1999 by Ord. No. 97] F-3 Telecommunications Facility: equipment and structures involved in receiving, transmitting or relaying telecommunications or radio signals including cellular telecommunications facilities (which consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone line). Such use includes telecommunications equipment, buildings and towers. Such use shall be considered a principal use of the property and is permitted as an additional use on the property, by conditional use approval subject to the requirements set forth herein and in ~~ 234-48 and 234-49 of this chapter. (1) Before granting conditional use approval for telecommunications facilities, the applicant shall demonstrate to the satisfaction of the Board of Supervisors of Nockamixon Township that the following requirements have been met: (a) The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter. (b) An eight-foot-high security fence shall completely surround the tower (and guy wires, if used) and equipment building. (c) The following buffer plantings shall be located around the perimeter of the security fence: [1] An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted ten feet on center maximum. [2] Existing vegetation (greens and shrubs) shall be preserved to the maximum extent possible. (d) An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district. (2) Single use or use combined with another use. A telecommunications facility is permitted on a property either as a single use or a use together with an existing use subject to the following conditions: (a) The existing use on the property may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the telecommunications provider. (b) The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance. (c) The minimum lot area shall be the area for a telecommunications facility and shall be such area as is determined by the Board of Supervisors to be needed to accommodate the tower, the equipment building, security fence and buffer planting. If the telecommunications facility is to be established on a property with an existing use, the remaining land associated with the primary use after deduction of the lot area required for the telecommunications facility must meet the minimum lot area for the zoning district in which the property is located. (3) Minimum setbacks. A tower must be located not less than 100 feet from the property line, and the telecommunications building shall comply with the minimum setback requirements for the zoning district in which it is located. (4) Access. Vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use. (5) Maximum height of tower. The tower must be the minimum height necessary to meet the service needs of the applicant unless the Board of Supervisors shall approve a specific plan for the location on the tower by other telecommunications users at usual and customary rates. However, in no event shall a tower or antenna exceed 200 feet in height from ground level. (6) Telecommunications facility combined with an existing structure. Telecommunications equipment, including antenna, may be attached to an existing structure or building subject to the following conditions: The telecommunications tower or facility, when combined with an existing structure, shall not exceed the maximum height provided in Subsection C(5) hereof. (7) Additional requirements for conditional use. (a) The applicant shall demonstrate, using technical evidence, that the telecommunications facility must be located where it is proposed in order to provide safe and reliable service within the service area of the applicant. (b) The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications towers. (c) The applicant shall present a site plan showing the following items: [1] Locations of all existing uses and proposed telecommunications facilities. [2] Elevations of any existing uses and proposed telecommunications facilities. [3] Vehicular access, fencing and any easements for access and utilities. (d) The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area unless the township approves a plan for collocation by other telecommunications users in accordance with Subsection C(5) hereof. (e) The telecommunications facility shall comply with all state and federal laws and regulations concerning aviation safety. (f) The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure, falling ice or other debris; and electromagnetic fields or radio frequency interference are within the limitations of the latest editions of standards set by the following oversight organizations: [1] The American National Standards Institute (ANSI-C95.1, as amended). [2] The Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended). [3] The National Council on Radiation Protection and Measurements (NCRP). [4] The International Radiation Protection Association (IRPA). In addition, all towers and support structures shall be fitted with anti-climbing devices, as approved by industry standards. (g) In order to reduce the number of towers and/or antenna support structures required in the township, the following standards shall be met: [1] All towers and support structures shall be designed to permit accommodation of future users in a manner approved by the township. [2] Applicant shall document that existing telecommunications facilities are not available for collocation at usual and customary rates. [3] The applicant shall document that owners of all tall structures within a one-mile radius of the site proposed have been contacted for permission to install telecommunications facilities thereon and that such structures will not meet the service needs of the applicant or that use of said structures cannot be obtained at a fair and reasonable cost consistent with charges made for similar facilities. [4] The applicant shall demonstrate that other telecommunication licensees have been contacted, with the objective of encouraging collocation of licensed antennas on the proposed tower. [5] The applicant shall demonstrate that it has investigated utilizing municipally owned properties and that such properties are either unavailable or cannot meet the service requirements of the applicant. [6] Applicants erecting a new tower shall agree to permit collocations on the towers at usual and customary rates for collocations. [7] All other requirements of Nockamixon Township Ordinances and state and federal regulations shall apply to telecommunications uses. (h) Construction standards. In addition to the above, the following construction standards shall be met: [1] The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA 222-E manual, as amended. [2] A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used. [3] Towers and antennas shall be designed to withstand the effects of the wind according to the standards designated by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA 222-E Code, as amended). (i) Removal. A tower which ceases to use to receive, transmit or relay telecommunication or radio signals for a continuous period of six months shall be disassembled, removed and the area on which it was constructed shall be restored to substantially the condition which existed prior to the construction of the tower. At the time a building permit is issued for the construction of the tower, a bond or other financial security, in an amount approved by the Board of Supervisors, shall be deposited to assure the removal of the tower when it ceases to be used as a telecommunications tower as provided for herein. ~ 234-23. Industrial use regulations. A. G-1 Manufacturing: establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins or liquors. B. G-2 Research: scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that: (1) No research facility shall be a commercial production facility. (2) No research facility shall be permitted which constitutes a danger to the community because of combustible, chemical or radioactive materials. C. G-3 Wholesale: establishments engaged primarily in the selling of merchandise to retailers; to industrial, commercial, institutional users or to other wholesalers. D. G-4 Contractor Services: offices and shops for contractors such as builders, electricians, plumbers, masons, painters, landscapers, roofers or similar contractors. E. G-5 Fuel Storage and Distribution: establishments primarily engaged in fuel storage and distribution. (1) Minimum lot area shall be five acres. (2) The facility and accessory storage areas shall be set back a minimum of 100 feet from the ultimate street right-of-way and from all other property lines. F. G-6 Building Materials Sales: establishments such as lumber yards and those offering for sale finished products used in building and construction. This use shall not include home centers which shall be classified as Use E-2, Large Retail Store. (1) Millworking is permitted as an accessory use. (2) Storage yards shall be fully enclosed by fencing and landscaping. (3) The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited. G. G-7 Truck Terminal: establishments used for the storage of trucks and/or the transfer of freight, other than solid waste, from one truck to another. Short-term warehousing may be permitted. H. G-8 Food Processing: establishments engaged in food processing, packing, canning of meat, fish, dairy and other food products as well as the manufacture and packaging of nonalcoholic beverages. I. G-9 Solid Waste Facility. Such use shall be limited to those uses meeting the definition of "solid waste facility" as set forth in Article II. In addition, the following regulations shall apply: (1) Landscaping shall be provided to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the facility. A buffer zone of 50 feet in width shall be established from the property line to a line of evergreen trees which shall be planted around the perimeter of the site in accordance with the buffer standards of Article V herein. (2) The facility shall be screened by fencing, walls, berming and other site improvement features to complement the proposed landscaping buffer and shall be surrounded by adequate fencing to prevent unauthorized entry. (3) The facility shall provide adequate signs which shall be in accordance with Article IX and which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties. (4) The facility shall provide adequate exterior lighting for the safe and efficient operation and security of the facility but as minimal and subdued as possible using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood. (5) The facility shall provide for adequate environmental controls to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions and water effluents, as required under appropriate and relevant federal and state environmental laws. (6) The facility shall include efficient mitigation of potential adverse environmental impacts as described in the environmental impact assessment requirements of this Article VII. (7) The facility shall not include any building with a height in excess of 35 feet; provided, however, that for every foot that any building might necessarily be constructed in excess of 35 feet (exclusive of any exhaust stacks) in order to operate properly and safely, five additional feet of front, side and rear yard setback shall be provided, but in no case shall the overall height exceed 55 feet. (8) The facility shall not include any exhaust or other stack with a height in excess of 100 feet, except as required under the United States Environmental Protection Agency (EPA) or other federal or state regulations and shall provide safeguards and meet Federal Aviation Administration (FAA) regulations regarding limitations relative to airport safety and sound engineering practices. (9) The facility shall provide adequate storage, loading and unloading facilities and sufficient paved turning areas to permit unobstructed maneuvering room for trash, transfer and ash trucks and shall provide adequate automobile parking as required by Article V herein. (10) The facility shall have a contract with a pest and rodent control company for the regular elimination and control of rats, flies, vermin and other rodents, insects and pests that might become vectors for carrying disease. (11) No use shall emit odorous gasses or other odorous matter in such quantities as to be humanly perceptible at or beyond any point at its lot lines. (12) Dimensional requirements for landfill (municipal or sanitary). (a) Minimum lot size: 50 acres. (b) Maximum building coverage: 10%. (c) Minimum lot width: 900 feet. (d) Maximum height: 35 feet. (e) Minimum front Yard: 200 feet (400 feet if adjacent to residences or a residential district). (f) Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district). (g) Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district). (13) Dimensional requirements for other solid waste facilities, as defined in Article II. (a) Minimum lot size: 20 acres. (b) Maximum building coverage: 10%. (c) Minimum lot width: 450 feet. (d) Maximum height: 35 feet. (e) Minimum front yard: 200 feet (400 feet if adjacent to residences or a residential district). (f) Minimum side yard: 100 feet (200 feet if adjacent to residences or a residential district). (g) Minimum rear yard: 100 feet (200 feet if adjacent to residences or a residential district). J. G-10 Junkyard: an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof. (1) There shall be a minimum lot size of 10 acres and a maximum lot area to be utilized as a junkyard of 20 acres. [Amended 2-13-2001 by Ord. No. 103] (2) Such use shall be a minimum of 200 feet from any public road as measured from the street line and shall be set back from all other properties lines a minimum of 100 feet. (3) Such uses shall be entirely enclosed by a solid fence or wall, at least eight feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly maintained. (4) A dense evergreen buffer planted on an earthen berm (minimum four feet in height) shall be provided on the outside perimeter of the fenced area. Evergreens shall be four feet to five feet in height and planted on ten-foot staggered centers. [Amended 2-13-2001 by Ord. No. 103 ] (5) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed. (6) The storage of paper shall be within a building. (7) The storage of toxic chemicals shall be prohibited. (8) Dumping of trash or landfill operations and burning of any materials is specifically prohibited. (9) All such uses shall be sealed from groundwater contamination. (10) All fluids must be drained from any machinery, vehicles or parts thereof prior to storage in the junkyard in the manner required by Subsection (11) hereof. [Added 2-13-2001 by Ord. No. 103] (11) Zoning permit required. [Added 2-13-2001 by Ord. No. 103] (a) Use G-10 is permitted only after issuance of a zoning permit, under Article XII, following the junkyard operator's submission to the Zoning Officer of: [1] Written documentation of the means of disposal of anti-freeze, gasoline, oil and other fluids from any machinery, vehicles or parts thereof to be stored in the junkyard; and [2] Evidence of a contract between the junkyard operator and a facility approved by the Pennsylvania Department of Environmental Protection, providing for the disposal of such fluids or evidence that the Pennsylvania Department of Environmental Protection has approved of some other means of disposal. (b) The term of said zoning permit is one year and may be renewed annually upon reauthorization by the Zoning Officer following an annual inspection of the junkyard and following the junkyard operator's submission to the Zoning Officer of written documentation establishing that: [1] All fluids have been disposed of in the manner required by the zoning permit; [2] The fence or wall enclosing the junkyard is in good repair and neatly maintained; [3] All other requirements for the G-10 use are being met; [4] There are no violations of any of the codified ordinances of the township or of any state or federal laws or regulations; and [5] No enforcement notices from any local, state or federal agency are outstanding against the junkyard. K. G-11 Quarry Extraction Operations: extraction operations conducted in accordance with Article VI of this chapter. Such use shall include extraction operations for sand, clay, shale, gravel, topsoil, stone and similar operations including borrow pits. L. G-12 Warehouse: a building or buildings primarily used for the storage of goods and materials. M. [Amended 6-9-1992 by Ord. No. 70; 2-13-2001 by Ord. No. 103] G-13 Light Equipment Sales and Storage: a facility for the sale, service and/or rental of light equipment for home or farm use, such as lawn and garden tractors, lawn mowers and the like. (1) Storage area shall be fully enclosed by minimum four-foot high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen. (2) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (3) All facilities shall be located and all services be conducted within the confines of the lot. (4) All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building. (5) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. (6) Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways. (7) All vehicle parts and similar articles shall be stored within a building. (8) Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet. (9) All refuse shall be stored within a building or enclosed area. N. G-14 Asphalt Plant. Such use shall be a plant or operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building and construction purposes. The requirements for this use set forth in Article VI herein shall apply. O. G-15 Ready Mix Concrete Plant. Such use is a plant or operation which has as its primary function the mixing of materials to make concrete. The requirements for this use set forth in Article VI herein shall apply. P. G-16 Heavy Equipment Sales and Storage. [Amended 6-9-1992 by Ord. No. 70; 2-13-2001 by Ord. No. 103] (1) Storage areas shall be fully enclosed by minimum four-foot-high fencing and/or landscaping comprised of evergreen plantings a minimum of four feet in height when planted. Plantings shall be spaced to provide a visual screen. (2) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (3) All facilities shall be located and all services be conducted within the confines of the lot. (4) All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building. (5) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. (6) Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways. (7) All vehicle parts and similar articles shall be stored within a building. (8) Storage or display of equipment for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet. (9) All refuse shall be stored within a building or enclosed area. Q. [Added 2-13-2001 by Ord. No. 103] G-17 Truck Sales: the sale and lease of new and/or used trucks and trailers; truck rentals; or farm machinery. This use may include trucks within a maximum gross vehicle weight less than 10 tons but shall not include cars, boats, travel campers, recreation vehicles, motorcycles or snowmobiles. (1) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. (2) All facilities shall be located and all services be conducted within the confines of the lot. (3) All preparation, lubrication, repair, state inspection/emission testing or similar activities shall be accessory to the principal use and shall be conducted within a building. (4) Only one accessway for ingress and egress of motor vehicles shall be provided unless otherwise required by PennDOT and/or the township. No accessway shall exceed 35 feet in width nor be less than 15 feet in width. (5) Access to the street shall be physically controlled by a minimum ten-foot-wide landscape strip along all street frontages except where broken for accessways. (6) All vehicle parts and similar articles shall be stored within a building. (7) Storage or display or vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet. (8) A body shop may be included as an accessory use, incidental and subordinate to the truck sales, provided that it meets the regulations of use E-11 Automobile Body Repair and Paint Shop, and provided that it is located at the rear or side of the building containing the principal use. (9) All refuse shall be stored within a building or enclosed area. ~ 234-24. Accessory use regulations. A. H-1 Accessory Home Occupation: a customary home occupation for gain. An accessory home occupation is an accessory use that shall be clearly subordinate to the existing residential use of the property. Such uses shall meet the general standards and the specific standards related to the use as set forth below. (1) General standards. The following shall apply to all home occupations: (a) A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. The home occupation shall be carried on wholly indoors. (b) The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the gross floor area of the principal residential structure or 600 square feet, whichever is less. At least 850 square feet of the total floor area must remain in residential use. (c) In no way shall the appearance of the residential structure be altered or the occupation within the residences be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. (d) Only one sign for home occupations is permitted per property, provided that it is no larger than four square feet per side bearing only the name, occupation and office hours of the practitioner. Such sign shall not be illuminated or placed in a window. (e) All commercial vehicles shall be parked on the lot and must be parked in a garage or an enclosed structure. (f) Off-street parking spaces are not permitted in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences using a hedge or a fence not exceeding five feet in height. (g) There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation. (h) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or televisions receivers off the premises. (i) Home occupations shall not include the following: animal hospitals, commercial stables and kennels, funeral parlors or undertaking establishments, antique shops, tourist homes, restaurants and rooming houses or boardinghouses. (j) A zoning permit shall be required for all accessory home occupations. (2) Specific use standards. The following shall apply to specific accessory home occupations: (a) H-1a Professional Offices. [1] A professional office is a service business use conducted within an enclosed area specifically designed for the functional needs of the use wherein the professional services of the practitioner is the salable commodity offered to the client. Professional offices include but are not limited to the following: office facilities for salesman, sales representative, manufacturer's representative, architect, engineer, broker, dentist, doctor, psychiatrist, insurance agent, land surveyor, lawyer, musician, real estate agent, accountant or clergyman. [2] A professional home office is a permitted accessory use, provided that the home occupation complies with the following conditions and a zoning permit is obtained: [a] No more than two persons other than the resident members of the immediate family may be employed. [b] The minimum site area shall be two acres except in the VC and VC-1 Districts where it shall be permitted in any detached structure on lots of 10,000 square feet or larger. [c] In addition to the off-street parking spaces required in this chapter for the residential use, a professional office shall provide one off-street parking space for each employee plus one additional space for each 200 square feet of office space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking. (b) H-1b Personal Services: a service business including but not limited to barbers, beauticians or photographers. [1] Beauty parlors and barbershops are permitted, provided that no more than two beauty parlor or barber chairs are provided. [2] No more than one person other than the resident members of the immediate family may be employed. [3] The minimum site area shall be two acres except in the VC and VC-1 Districts where it shall be permitted in any detached structure on lots of 10,000 square feet or larger. [4] In addition to the off-street parking spaces required in this chapter for the residential use, a beauty parlor or barber shall provide one off-street parking space for each employee plus one additional space for each 200 square feet of service space. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking. (c) H-1c Instructional Services. An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation does not require a room or series of rooms specifically designed for that purpose. [1] Instructional services involving a maximum of four students at a time are permitted. [2] Instructional services involving musical instruments are permitted only in single-family detached dwellings. [3] No persons shall be employed other than resident members of the immediate family. [4] In addition to the off-street parking spaces required for the residential use, an instructional service shall provide one off-street parking space per every two students being instructed at any one time. A maximum of four off-street parking spaces are permitted on one lot inclusive of residential parking. (d) H-1d Home Crafts. [1] Home crafts are business activities whereby the commodity is completely manufactured and may be sold on the site by the resident craftsman. [2] Home crafts may include, but are not limited to, the following: dressmakers, seamstresses and tailors; model making; rug weaving; lapidary work; and furniture making. [a] Home crafts are permitted only in single-family detached dwellings and existing accessory buildings on the same lot. [b] No more than one person other than resident members of the immediate family may be employed. [c] In addition to the off-street parking spaces required in this chapter for the residential use, a home craft shall provide one off-street space per 300 square feet of total floor area used for the home occupation. A maximum of four off-street parking spaces are permitted on one lot inclusive of the required residential parking. (e) H-1e Family Day Care. A family day-care use is a facility in which care is provided for one or more but fewer than seven children at any one time where the child-care areas are being used as a family business. [1] The use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants. [2] The use shall comply with any applicable state regulations dealing with day care for fewer than seven children. [3] A minimum play area of 2,000 square feet of contiguous area shall be provided as a recreational area for the children. This area shall not include any paved areas or parking areas. [4] Family day-care uses are permitted as an accessory to a single-family detached dwelling only. [5] If a family day-care use is located adjacent to a nonresidential use, a parking lot or a collector or arterial street, the outdoor play area must be enclosed by a four-foot-high fence. [6] No more than one person other than resident members of the immediate family may be employed. [7] In addition to the off-street parking required for the residential use, at least one additional off-street parking space is required for each employee. (f) H-1f Trades, Businesses. The use of a residence as a base of operations for the business is permitted, but not the conduct of any phase of the trade on the property. Trades included in this home occupation include but are not limited to electrician, plumber, carpenter, mason, painter, roofer and similar occupations. [1] No more than one business vehicle may be parked on the property including noncommercial trucks and vans with loading capacities exceeding 3/4 ton. The business vehicle shall be parked in an enclosed structure. [2] The area of the office, storage of materials and equipment (excluding vehicles) shall not exceed the limitation of Subsection A(1), General standards, above. [3] No assembling, manufacturing, processing or sales shall be conducted on the property. [4] In addition to the off-street parking spaces required in this chapter for the residential use, a trades business shall provide one off-street parking space for each employee plus one off-street parking space for each business vehicle. A maximum of six off-street parking spaces are permitted on one lot, inclusive of the required residential parking. [5] The minimum lot area on which this home occupation shall be permitted shall be two acres. (g) [Amended 2-13-2001 by Ord. No. 103] H-1g Repair Services: a repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, smaller business machines and other goods, but not including automobile, truck and motorcycle repairs. [1] No more than one person other than resident members of the immediate family may be employed. [2] In addition to the off-street parking spaces required in this chapter for the residential use, this accessory use shall provide one off-street parking space for each 300 square feet of total floor area used for the home occupation. (h) [Added 2-13-2001 by Ord. No. 103] H-1h Other Home Occupations: all other home occupations not specified in uses H-1a through H-1g, including, but not limited to, product assembly/manufacture and/or distribution of products manufactured off-site. These uses shall meet all general requirements of Section H-1 above and the following: [1] No more than one person other than resident members of the immediate family may be employed. [2] In addition to the off-street parking spaces required by this chapter for the residential use, this accessory use shall provide one off-street parking space for each 300 square feet of total floor area used for the home occupation. B. H-2 Residential Accessory Structure: a residential accessory structure or use, including but not limited to: (1) Parking spaces for the parking of passenger automobiles; parking of commercial vehicles not exceeding one ton loading capacity; or the parking of one school bus. (2) Structures such as fences and walls with a maximum height of seven feet. (3) No accessory structure or use, other than a garage, shall be permitted within required front yards except as follows: on lots of 10 acres or more an accessory structure may be located on any side of the dwelling, provided that the accessory structure is set back from all property lines the distance required by the front, side and rear yard requirements for the district and use. A completely detached accessory building may occupy a required rear or side yard but shall not be located closer than seven feet to any rear or side property line, except that swimming pools and other accessory construction surrounding swimming pools shall be no closer than 15 feet to any rear or side property line; and structures with a building area of more than 120 square feet shall meet the building setback requirements for principal structures. All accessory structures shall be located behind the principal building setback line closest to the street on which it fronts. In the case of corner lots where two front yards are required, all accessory structures shall be located behind the principal building line as established by the location of the principal building for both required front yards. No accessory structures shall be located closer to either street than the principal building. (4) The following residential accessory structures shall be permitted in conjunction with single-family detached dwellings only: (a) Buildings such as storage sheds and private greenhouses; (b) Detached garages for personal vehicles. (c) Swimming pools. C. H-3 Outside Storage. Outside storage necessary but incidental to the normal operation of a primary nonresidential use, subject to the following additional provisions: (1) No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage. (2) Outside storage areas shall occupy an area of less than 0.5 of the existing building coverage; and (3) Uses requiring more substantial amounts of land area for storage, such as any nursery, automotive sales, truck terminal and lumber yards may be exempt from the provisions of Subsection C(2) above. For these and other similar uses, no more than 25% of the lot area shall be used for outside storage. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shop, repair shop, service station, automobile repair and car wash. (4) The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of their business. D. H-4 Temporary Structures and Vehicles. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions: (1) The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods. (2) Temporary nonconforming structures or uses shall be subject to authorization by the Zoning Officer; (3) Such structure or use shall be removed completely within 30 days of the expiration of the permit without cost to the municipality. (4) No retail sales shall be permitted from a temporary structure or vehicle. E. H-5 Swimming Pool. A swimming pool shall be permitted as an accessory to a single-family detached residential use. (1) No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 24 inches at the deepest or lowest point unless a permit is first obtained from the Zoning Officer and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 24 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected or used for the purpose of bathing or swimming and all buildings, equipment and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club or association of persons for use by the public or members and their invitees or guests. In the case of public swimming pools, this use need not be accessory to a residential use. (2) Each pool area and the paving or coping surrounding it or associated with it shall be located not less than 15 feet back from the front building line (the line at which the principal building is located) and not closer than 15 feet to property lines. No pool shall be permitted to be located within the front yard. (3) Safety. Any pool or water area shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use. (4) Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania, Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section. (5) Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped and maintained in strict conformity with the provisions of the swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department. (6) Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to reflect toward or into adjacent residential properties. (7) All electrical work connected with the pool and all equipment incidental thereto shall comply with all underwriter laboratory regulations and must be inspected and certified by an electrical underwriter's inspection agency. Owner or his agent shall submit satisfactory documentation that the inspection and certification has occurred prior to the initial filling of the pool with water. [Amended 6-9-1992 by Ord. No. 70] (8) A minimum isolation distance of 25 feet shall be required between a swimming pool and any sewage disposal system. (9) Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided. (10) All pool installations shall conform to all applicable building codes. (11) In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land. (12) No pool shall be located under any electric power lines (including service lines), and the pool must be located at least 10 feet (measured horizontally) from such power lines. (13) [Amended 2-13-2001 by Ord. No. 103] Fencing of pools. All outdoor private swimming pools, including an in-ground, above-ground or on-ground pools, shall be provided with a barrier which shall comply with the following: (a) The top of the barrier shall be at least 48 inches (1,219 mm) above finished ground level, measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between finished ground level and the barrier shall be two inches (51 mm), measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above finished ground level, such as an aboveground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top of surface of the pool frame and the bottom of the barrier shall not allow passage of a four-inch (102 mm) diameter sphere. (b) Openings in the barrier shall not allow passage of a four-inch (102 mm) diameter sphere. (c) Solid barriers shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. (d) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 1 3/4 inches (44 mm) in width. Decorative cutouts shall not exceed 1 3/4 inches (44 mm) in width. (e) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1,143 mm) or more, spacing between vertical members shall not exceed four inches (102 mm). Decorative cutouts shall not exceed 1 3/4 inches (44 mm) in width. (f) Maximum mesh size for chain link fences shall be a 1 1/4 inch (32 mm) square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1 3/4 inches (44 mm). (g) Where the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be not more than 1 3/4 inches (44 mm). (h) Access gates shall comply with the requirements of Subsections (a) through (g) above and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches (1,372 mm) from the bottom of the gate: [1] The release mechanism shall be located on the pool side of the gate at least three inches (76 mm) below the top of the gate; and [2] The gate and barrier shall not have an opening greater than 1/2 inch (13 mm) within 18 inches (457 mm) of the release mechanism. (i) Where a wall of a dwelling unit serves as part of the barrier and contains a door that provides direct access to the pool, one of the following shall apply: [1] All doors within direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The audible warning shall commence not more than seven seconds after the door and door screen, if present, are opened and shall sound continuously for a minimum of 30 seconds. The alarm shall have a minimum sound pressure rating of 85 dBA at 10 feet (3,048 mm), and the sound of the alarm shall be distinctive from other household sounds such as smoke alarms, telephones and door bells. The alarm shall be equipped with manual means, such as touchpads or switches, to deactivate temporarily the alarm for a single opening from either direction. Such deactivation shall last for not more than 15 seconds. The deactivation touchpads or switches shall be located at least 54 inches (1,372 mm) above the threshold of the door. [2] All doors with direct access to the pool through that wall shall be equipped with a self-closing and self-latching device with the release mechanism located a minimum of 54 inches (1,372 mm) above the floor. Swinging doors shall open away from the pool area. [3] The pool shall be equipped with a power safety cover. Where in a closed position, the cover shall be capable of holding a weight of 485 pounds (2,175 N), shall not have any openings that allow passage of a 4 1/2 inches (114 mm) sphere and shall incorporate a system to drain standing water that collects on the cover. The cover control switch shall be permanently installed in accordance with NFPA 70 listed in Chapter 35, and be key-operated and of a spring-loaded or momentary-contact type. Where the switch is released, the operation of the cover shall stop instantly and be capable of reversing direction immediately. The switch shall be in the line of sight of the complete pool cover. (j) Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a fixed or removable ladder or steps, the ladder or steps shall be surrounded by a barrier which meets the requirements of Subsections (a) through (i) above. A removable ladder shall not constitute an acceptable alternative to enclosure requirements. F. H-6 Recreational Vehicles. Campers, recreational vehicles and boats shall be stored on the premises by the occupant of the premises only. Storage of such vehicles when not in use must be behind the building setback line. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such a use for longer than 30 days. G. [Amended 2-13-2001 by Ord. No. 103] H-7 Spa/Hot Tub. Such pools are permitted as accessory uses to residential structures. (1) Fencing of a spa/hot tub shall be required and shall meet the provisions of Subsection E(13) above. (2) A spa or hot tub with a manufacturer's approved safety cover shall be exempt from fencing provisions of Subsection E(13). H. [Amended 5-11-1999 by Ord. No. 97] H-8 Residential Accessory Dwelling. One residential accessory dwelling accessory to a single-family detached dwelling shall be permitted, provided that the following conditions are met. The intent of these provisions is to allow for domestic servants, caretakers employed on the premises, occasional nonpaying guests and related family members to reside on the premises but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted. (1) The residential accessory dwelling shall occupy no more than 1,200 square feet of total floor area. (2) The residential accessory dwelling may contain separate cooking, sleeping, living and bathroom facilities. (3) The residential accessory dwelling shall be part of the principal residence or may be contained in an existing accessory structure such as a garage. Except as hereafter provided, no new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use. (4) On lots of three acres or more, no more than one new structure may be constructed to house a residential accessory dwelling. Such structure shall meet all of the dimensional requirements of a principal residence. (5) Written verification from the Bucks County Department of Health certifying to the adequacy of the sewage facilities proposed to service a residential accessory dwelling is required. (6) The required off-street parking for the principal dwelling plus one additional off-street parking space for the residential accessory dwelling shall be provided. (7) The residential accessory dwelling shall be occupied only by domestic servants or caretakers employed on the premises, occasional nonpaying guests and/or related family members such as elderly parents or dependent adult children who need to reside in close proximity to family members. (8) There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood. (9) No more than one residential accessory dwelling shall be permitted per single-family detached dwelling. (10) Each residential accessory dwelling shall be registered with the Township Zoning Officer who shall keep a record of its occupants to ensure compliance with the provisions hereof. An annual permit shall be required for a residential accessory dwelling. I. [Added 11-9-1994 by Ord. No. 79] H-9 Temporary Community Event: a temporary activity for which an admission fee is charged or where articles are offered for sale, including but not limited to flea markets, public exhibitions, auctions, carnivals, circuses, picnics, air shows and suppers for fund raising and similar organizational events and meetings. (1) Such temporary uses shall be limited to occurrences of not more than seven days per occurrence. Such occurrences shall be limited to not more than four occurrences in a calendar year for each organization or property. There shall be at least a thirty-day period between such occurrences. (2) Signs advertising a temporary community event not exceeding 12 square feet per sign and four in number shall be permitted. (3) An application for a temporary community event use permit shall include, but not be limited to, adequate provisions for parking, emergency access, road access, temporary sanitary facilities, noise control and cleanup after the event. (4) No permit shall be required for a nonprofit entity having its principal location in Nockamixon Township and the provisions of Subsection I(1) which limit occurrences shall not apply. ~ 234-25. Table of Use Regulations. [Amended 11-9-1994 by Ord. No. 79; 5-11-1999 by Ord. No. 97] A Table of Use Regulations is attached hereto and incorporated herein as Attachment A to the Zoning Ordinance. ARTICLE V ~ 234-26. Dimensional requirements. A. [Amended 6-9-1992 by Ord. No. 70; 1-12-1993 by Ord. No. 74] Existing lots. A lot which is of public record as identified by the Bucks County Board of Assessment as a separate tax parcel at the time of the enactment of this chapter may be used for a permitted use in the district in which it is located, provided that the dimensional regulations of the district are met. 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. The provisions of this section and the dimensional requirements (including but not limited to lot area and width requirements) in any zoning district shall not prevent the construction of a single-family dwelling on any lot which was lawful when created and which prior to the effective date of the ordinance was in separate ownership by deed duly recorded; nor prevent the construction of an addition or structure attached to any single-family dwelling lawfully existing on the effective date of this chapter, provided that: (1) The percentage of lot area covered by single-family residence including any addition or attached structure proposed does not exceed 15% of the lot area. (2) The front and rear yards after the construction of any addition or attached structure proposed aggregate at least 60% of the total depth or meet the yard requirements of the district in which the lot is located, except that in no case shall the front or rear yard be less than 30 feet. (3) The side yards shall aggregate at least 40% of the total lot width or meet the yard requirements of the district in which the lot is located, except that in no case shall the side yard be less than 15 feet. B. Reduction of lot areas. No lot or required open space shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than those herein prescribed. C. Front yard requirements. (1) Where a minimum depth of front yard is specified, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure. Street lines are considered to be established by the future rights-of-way when so designated to avoid interference with anticipated future road widenings and improvements. (2) Modification of required front yard for residential uses. If the alignment of all existing residential buildings fronting on the same side of the same street in the same block and within 300 feet on either side is nearer to the street than the required front yard depth, the front yard requirements for the unimproved lot may be modified so that the front yard shall be an average of the existing and required front yard. D. Corner lots and through lots. A corner lot with frontage on two or more streets shall have a building setback from each street not less than the required front yard. A corner lot shall have a rear yard but such yard may be any yard not facing a public street. In cases of through lots, one yard shall be designated on the plans as the rear yard and one yard as a front yard. The front yard shall be the yard between the building and the street from which the lot takes access. No accessory buildings shall be located within the required front yard or in front of the building line on which the principal building is placed. E. Lane lots. [Amended 11-9-1994 by Ord. No. 79; amended 6-10-1997 by Ord. No. 90] (1) A lane lot is a parcel of land which does not contain the required minimum lot width at the minimum front yard (building setback line) as measured from the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot. A lane lot consists of: (a) The pole (lane) being the narrow strip of land with direct access to a public street; and (b) The flag, being that part of the lot that widens to achieve the minimum lot width requirements for the district in which the lot is located. (2) The following regulations shall apply: (a) Lane lots shall be permitted only in cases of single-family detached residential uses and not for multifamily residential, commercial, industrial or other uses. (b) Each lane lot must contain its own pole (lane) owned in fee as part of the lot and not by way of a grant of right-of-way, easement, license or similar grant. (c) The pole (lane) may serve only one single-family detached dwelling. (d) When two poles are developed adjacent to each other, the owners of the two lane lots may share a common driveway within the area of the two poles (lanes). However, the owners of the two lane lots may not share a common pole (lane). (e) 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 future right-of-way 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 future right-of-way line and shall not narrow to a lesser dimension. If the property owner agrees by plan notation and recorded document that the lot will not be further subdivided, then a lane lot of 25 feet in width shall be sufficient. (f) The area of the pole (lane) shall not be included in the calculation of the minimum lot area. (g) The front yard setback for a lane lot shall be measured a distance equal to the front yard requirements for the district in which the lot is located from the point where the lot first obtains the minimum lot width requirement. (h) Lane lots shall not be permitted beyond the second tier as measured from the street line of the street onto which the lane lot will take access. The first tier shall consist of all those lots having the required minimum lot width at the minimum building setback line measured from the street line of the street onto which the lane lot will take access. The first tier lots need not be on the same tract of land being subdivided. Lots whose rear lot lines have the same course and bearing shall be considered to be on the same tier. [Amended 5-11-1999 by Ord. No. 97] (i) All subdivisions and land developments shall have a well-designed street system to serve interior lots. Lane lots may be permitted only when no practical design layout or alternative is possible. (j) Lane lots shall contain a minimum of three acres including the area pole, unless the district in which the lane lot is located requires a larger minimum lot area, in which case the district requirements shall apply. F. Exceptions to minimum lot size. (1) Larger lot sizes may be required where lots are affected by resource restrictions. The minimum lot size required per lot shall be determined by the district requirements as set forth in Article VI herein, except that lots with resource restrictions may be required to be larger than the minimum in accordance with ~ 234-36 of this article. (2) Lot sizes may need to be larger than the specified minimum lot area in order to accommodate on-lot wastewater disposal systems and to allow for adequate water supply from on-lot wells. ~ 234-27. Obstructions to vision at intersections, streets, driveways and vehicle accessways. On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision. The requirements for a clear sight triangle, as specified in Chapter 196, Subdivision and Land Development, shall be met. ~ 234-28. Number of principal buildings per lot. A. In all residential districts, there shall be no more than one principal use or building per lot, except as allowed for specific uses. Accessory apartments as permitted herein shall, for the purposes of this chapter, be considered to be part of a single dwelling unit even though they may contain facilities which are used or intended to be used for living, sleeping, cooking and eating by family members. B. Group development is permitted in other districts as provided herein and provided the guidelines of this chapter are met. ~ 234-29. Outdoor illumination. Outdoor illumination in all districts shall be diffused or shielded in such a manner as not to create any hazardous situations for passing vehicular traffic or a nuisance to persons in the area. Lighting plans shall provide for nonglare lights focused downward. ~ 234-30. Buffer yards. [Amended 6-10-1997 by Ord. No. 90] Buffer yards are required along the outboundary of subdivisions and land developments intended for nonresidential and/or nonagricultural uses which involve new construction and which directly abut a residential district or residential use. Buffer yards may also be required for residential Uses B-5, B-6, B-9, B-10, B-12 and B-13 which abut an existing residential Use B-1, B-2, B-3, B-4 or B-7. Buffer yards are not required along front yards except for industrial uses where a residential district or use exists opposite the site frontage. Dimensional and planting requirements for buffer yards shall be as established in Chapter 196, the Nockamixon Township Subdivision and Land Development Ordinance. ~ 234-31. Off-street parking requirements. A. All off-street parking, loading, access facilities and service areas used by motor vehicles shall comply with the following provisions in all districts. All required parking spaces shall be provided off street. B. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below its current extent except in conformance with applicable parking requirements. C. Whenever there is an alteration of a use which increases the parking requirements, the total additional parking required for the alteration, changes or extension shall be provided in accordance with this chapter. D. [Amended 2-13-2001 by Ord. No. 103] Parking requirements. If the calculations result in a fraction of a space, one full space shall be provided. Parking for all uses shall be provided in accordance with the following provisions and requirements contained within Article IV of this chapter for the specific use(s): Number of Off-Street A-2 Riding Academy/Boarding 1 for each 8 animals in A-3 Noncommercial Kennel 1 A-4 Agricultural Sales/Farm Stand 1 for each 400 square A-5 Agricultural Support 1 for each 300 square A-7 Nursery/Greenhouse 1 for each 400 square B-1 through B-9 and B-12 Residential 2 for each dwelling unit B-13 Private Camp or Cottage 1 for every 4 persons of B-10 Community/Group Home 1 for each employee, plus B-11 Guest House/Bed-and-Breakfast 1 for each guestroom, C-1 Place of Worship 1 for every 3 fixed seats C-2 School Parking shall be provided C-3 Commercial School 1 for each faculty member C-4 Library or Museum 1 per 250 square feet of C-5A and B Public and Nonprofit 1 per each 50 square feet C-6 Private Organization/Recreational 1 per each 50 square feet C-7 Golf Course 50 for an 18-hole golf C-8 Community Center 1 per each 50 square feet C-9 Day Care Service 1 per employee or C-10 Nursing Home 1 per every 3 patient C-11 Hospital 1 for every 2 patient C-12 Cemetery Parking shall be required C-13 Municipal Building 1 for each 3 seats in D-1 Office 1 for each 200 square D-2 Medical Office 1 for each 150 square D-3 Veterinary Office or Clinic 1 for each 200 square E-1 Retail Trade and Service 1 for each 200 square E-2 Large Retail Store 1 for each 200 square E-3 Financial Institution 1 for each 200 square E-4 Eating Place 1 for each 2 seats in E-5 Eating Place, Drive-Through 1 for each 1.5 seats in E-6 Repair Shop 1 for each 300 square E-7 Motel/Hotel 1.2 per room. If there E-8 Entertainment 1 for each 4 seats E-9 Service Station 2 for each service bay, E-10 Motor Vehicle Sales 1 for each 100 square E-11 Automotive Body Repair 1 for each 200 square E-12 Car Wash 1 for each full-time E-13 Shopping Center For shopping centers of E-14 Specialty Shopping Center 1 for each 250 square E-15 Funeral Home 1 for each 4 seats E-16 Recreational Campsites 1 for each campsite, plus E-17 Convenience Store 1 for every 200 square E-18 Adult Entertainment 1 for every 100 square E-19 Mini-Warehouse, Mini-Storage 1 for every 20 rental E-20 Flea Market 1 for every 150 square E-21 Commercial Kennel 1 for every 10 animals of F-1 Utility Operating Facility 2, plus 1 for each F-2 Emergency Services 3 for each emergency G-1 Manufacturing 1 for each employee on G-2 Research 1 for each employee on G-3 Wholesale 1 for each employee on G-4 Contractor Services 1 for each employee on G-5 Fuel Storage and Distribution 1 for each employee on G-6 Building Materials Sale 1 for each employee on G-7 Truck Terminal 1 for each employee on G-8 Food Processing 1 for each employee on G-9 Solid Waste Facility 1 for each employee on G-10 Junkyard 1 for each employee on G-11 Quarry Extraction Operations All off-street parking G-12 Warehouse 1 for each employee on G-13 and G-16 Equipment Sales and 1 for each employee on G-17 Truck Sales 1 for each 100 square H-1 Home Occupation In addition to those H-8 Accessory Apartment for 1 in addition to those E. Residential parking requirements. In all residential districts, a minimum of two off-street parking spaces shall be provided for each dwelling unit. Parking spaces within garages shall not be used to meet the off-street parking requirement. Parking for Uses B-5 (Townhouse Dwelling) and B-6 (Multifamily Dwelling) shall provide an additional 1/2 space per dwelling unit for overflow and visitor parking. F. Handicapped parking requirements. For parking areas of 10 or more cars, 4% of the parking spaces shall be designated for handicapped or physically disabled parking. Such spaces shall be conveniently located in close proximity to building entrances. G. Parking for mixed use developments. (1) The parking requirements for each individual use within a mixed use development shall be met. (2) Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total if it can be demonstrated to the Board of Supervisors that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. Area for spaces which are required but not built under this provision shall be reserved in accordance with Subsection H below. H. Reservation of nonresidential parking areas. In order to prevent the establishment of more parking spaces than are immediately needed, the Board of Supervisors may allow for a portion of the required parking area to be built at a later date, provided that the following conditions are met: (1) The parking lot design must designate sufficient space to meet the total parking requirement. The plan shall illustrate the layout for the total number of spaces. (2) A minimum of 60% of the required spaces shall be built with the completion of the project. An area adequate to accommodate the remaining 40% may be reserved as open space until needed. The reserved area shall not include any required buffers, setbacks or yard areas in which parking would not be permitted under this chapter. The percentage of parking spaces to be constructed with the completion of the project shall be determined by the Board of Supervisors. (3) A landscape plan for the reserved area shall be provided and approved by the Board of Supervisors. (4) As a condition of receiving an occupancy permit, the applicant shall establish a performance bond and an agreement shall be executed with the township to construct the additional spaces if the Board of Supervisors determines that are needed. This agreement shall apply to any future owners of the property. (5) The reserved parking area cannot be used to meet the parking requirements for future expansions of the facility. ~ 234-32. Parking design standards. A. Size of parking spaces. Parking spaces shall be 10 feet by 20 feet. Spaces reserved for the handicapped which shall be 12 feet by 20 feet in size. The required parking area shall be measured exclusive of driveways or maneuvering areas. If the computation of required parking spaces results in a fraction, a full space shall be required for each fractional amount. B. Required front, rear and side yards for nonresidential uses may be utilized for the sole purpose of locating parking and accessways thereto to the extent of 25% in distance from the ultimate right-of-way or lot line, except that the parking areas may not occupy the 75% in distance closest to the ultimate right-of-way or lot line. ~ 234-33. Off-street loading and unloading requirements. A. Adequate off-street loading and unloading space, with proper access from a street, highway, common service driveway or alley shall be provided for all nonresidential uses. Such space shall be sufficient in size and design to accommodate the maximum demand generated by the use of the lot. B. All areas for the loading and unloading of delivery trucks and other vehicles and for servicing of establishments and/or shops by refuse collection, fuel or other service vehicles, shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrian ways or backing out onto a street. C. All areas shall be properly surfaced and adequately drained and shall be constructed in accordance with standards established by the township. D. All loading berths shall be located at the side or rear of the property and shall be screened from view by fencing or landscaped buffers. ~ 234-34. Provisions and use of water. A. No wells may be dug or drilled on the premises except as permitted by the appropriate state, Bucks County, township or other governmental authorities. B. All wells shall meet the standards of Chapter 228, the Township Wells Ordinance. ~ 234-35. Performance standards. A. Smoke, ash, dust, fumes, vapors and gases. (1) There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania Air Pollution Control Laws or other regulations of the Pennsylvania Department of Environmental Protection or the U.S. Environmental Protection Administration. There shall be no emission of odorous gases or other odorous material in such quantities as to be detectable at a lot boundary line. (2) The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any soiling of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited. B. Noise. (1) At no point on the boundary of a residential, industrial or commercial property shall sound pressure level of any operation exceed the decibel levels shown below for the district indicated. These standards do not apply to the operation of agricultural equipment or motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures or emergency alarm signals. (a) Residential districts: 55 decibels. (2) No noise from recordings, loudspeakers or public address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties. C. Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind adequate shielding in such a manner as not to create a nuisance to those working or living in the area. D. Radioactivity or electrical disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. 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 of the Pennsylvania Department of Environmental Protection Rules and Regulations. E. Outdoor storage and waste disposal. (1) All outdoor storage facilities for fuel, raw materials and products and all fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to provide security for the property. Storage of flammable materials and fuels shall meet the standards of the National Fire Protection Association and, if stored below ground, the standards of the Department of Environmental Protection for underground storage tanks. All underground storage tanks shall have a permit from the state. All such facilities shall be landscaped. These standards do not apply to farm or residential tanks of 1,100 gallons or less capacity used for noncommercial purposes. (2) No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around aboveground liquid storage facilities to preclude such transference in the event of failure of the facility. (3) All materials or wastes which might cause flames 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 in enclosed containers adequate to eliminate such hazards. F. Industrial waste and sewage. No use shall be conducted in such a way as to discharge any untreated sewage or industrial waste into any reservoir, lake or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the township, the Pennsylvania Department of Environmental Protection and/or the Bucks County Health Department. G. Electrical, diesel, gas or other power. Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, shall be so constructed and installed so as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by evergreen planting. H. Soil erosion and sedimentation control. All earthmoving activities must be in compliance with the regulations of the Pennsylvania Department of Environmental Protection and the Soil Conservation District regulations and must be undertaken in accordance with a Soil Erosion and Sedimentation Control Plan submitted for the earthmoving activity which meets the standards set forth in Chapter 196, Subdivision and Land Development, and other regulatory agency requirements. I. Utilities. All public utility lines and similar facilities servicing any proposed development of more than five lots shall be installed underground. ~ 234-36. Environmental protection standards. A. Natural resource mapping. All applicants for subdivisions and land developments shall include maps delineating the natural resources as defined within this chapter. Applicants are encouraged to submit site capacity calculations with sketch plans, if sketch plans are submitted. B. Site capacity calculations. (1) Determination of base site area. (a) Determine the gross site area by actual survey: _______ acres. (b) Subtract the following: [1] Land within existing roads and their ultimate rights-of-way: _______ acres. [2] Land within utility transmission rights-of-way: _______ acres. [3] Land without development potential due to restrictive covenants or easements and land shown on previous subdivision or land development plans as reserved from development for natural resource reasons, recreation and/or open space preservation: _______ acres. (c) Result equals the base site area: _______ acres. (2) Calculate open space needed for resource protection. The following features shall be mapped and the amount of land affected by each feature shall be calculated. (a) Floodplain and floodplain soils. All lands designated as floodplain areas by the Official Floodplain Map for Nockamixon Township (Flood Insurance Rate Map, Township of Nockamixon, prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated November 2, 1977) shall remain as open space with 100% protection, except to the extent that this requirement is modified by the floodplain provisions of this chapter which shall prevail. No structures, filling, piping, diverting or stormwater detention basins shall be permitted within the floodplain except that roads, dams, culverts, bridges, storm or sanitary sewer facilities or any other public utility may be located in the floodplain or on floodplain soils where approval is obtained from the Pennsylvania Department of Environmental Protection, any federal agency having jurisdiction and the township. Where no floodplains have been mapped, the extent of floodplain in the area of any stream (perennial or intermittent) shall be determined by either field tests of floodplain soils and computations of the one-hundred-year floodplain made by a registered engineer, experienced agronomist or other person experience in hydrology, retained or approved by the township; or surveys mapping floodplain soils by the U.S. Soil Conservation Service. Floodplain soils include the following types: Alluvial Land (b) Lakes and ponds. [1] Lakes shall be any permanent body of water, naturally occurring or man-made, covering an area of two acres or more. Ponds are permanent bodies of water, naturally occurring or man-made, covering an area of less than two acres. [2] These areas shall remain as open space, with 100% protection. No development, filling or diverting shall be permitted except where used for irrigation purposes; all Soil Conservation District regulations shall be followed. (c) Wetlands. [1] Wetlands are any areas determined by the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection or meeting the soils, vegetation and hydrology criteria of the U.S. Army Corps of Engineers. They are defined as those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetland soils in Bucks County are Bowmansville, Doylestown, Hatboro, Fallsington, Towhee and Towhee Stony and should be considered indicators of possible wetland areas. [2] Roads, dams, culverts, bridges, storm or sanitary sewer facilities, water facilities or any other public utilities may be located in wetlands only where approval is obtained from the U.S. Army Corps of Engineers, the township and the Pennsylvania Department of Environmental Protection. (d) Streams and watercourses. Streams and watercourses (any perennial or intermittent stream shown on the U.S.G.S. map and/or identified by field survey) shall be 100% protected and shall remain as open space. (e) Steep slopes. In areas where the slope is 15% or greater, the following restrictions shall apply in order to prevent harmful erosion of soil and sedimentation of streams and watercourses. Areas with restrictions due to slopes shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements. [1] Fifteen percent to 24%: no more than 30% of such areas shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation. [2] Twenty-five percent to 30%: no more than 20% of such areas shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation. [3] Thirty percent plus: No more than 15% of a slope greater than 30% shall be regraded and/or built upon and/or covered by impervious surface and/or stripped of vegetation. (f) Woodlands. [Amended 6-9-1992 by Ord. No. 70] [1] Areas, groves or stands of trees having a diameter greater than five inches measured at four feet above the ground (diameter breast height, hereafter "dbh") covering an area of 1/4 acre or greater where there is at least one mature tree (10 inches or greater dbh) per 1,500 square feet of lot area; or groves of mature trees having a diameter 10 inches or greater dbh and consisting of more than 10 individual trees with that diameter forming a continuous canopy. [2] Disturbance or removal of woodlands shall be limited to the following percentages in the zoning districts indicated: (i) OSM: 10%. (ii) RP and RA: 20%. (iii) R: 30%. (iv) All other zoning districts: 50%. [3] These limitations shall not apply to forestry conducted pursuant to an approved forestry management plan pursuant to ~ 234-17F of this chapter. [4] Areas with restrictions due to woodlands shall be left undisturbed to the extent specified herein and not occupied by structures, driveways, on-lot septic systems or other improvements. (g) Tree Protection Zone. [Amended 6-9-1992 by Ord. No. 70] [1] Areas which are required to be undisturbed pursuant to ~ 234-36B(2)(f) hereof shall be designated a tree protection zone. [2] The tree protection zone is an area radial to the trunk of a tree and shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees. [3] A tree protection zone shall be designated around the area(s) to be protected, within which no construction activity or grading shall occur. Table of Natural Resource Calculations Natural Resource Protection Ratio Required Floodplains 1.00 Where two natural resources overlap, the more restrictive protection standard shall apply. (3) Calculate the area restricted due to resource protection standards: Multiply the protection ratio required from chart above by the amount of land in each natural resource to get Resource Protection Land: __________ acres. C. Determine maximum number of permitted dwelling units in cluster subdivisions, townhouse developments, multifamily housing and other residential developments with required open space. For uses which have a required open space ratio, as designated in Article VI, the following calculation shall be used to determine the maximum number of permitted dwelling units: (1) Determine required open space: The required open space shall either be that specified for the use in question in Article VI (Open Space Ratio times the Base Site Area) or the area of the tract with resource restrictions [acres restricted due to resource protection as calculated in Subsection B(3) above], whichever is greater. The Base Site Area minus the Required Open Space is the Net Buildable Site Area. (2) Multiply the Base Site Area by the Maximum Density (dwelling units per acre) as stated in the district regulations in Article VI to determine the maximum number of dwelling units permitted. Base Site Area x Maximum Density = Maximum Number of Dwelling Units Permitted D. There shall be at least 10,000 square feet of contiguous buildable area without resource restrictions for any lot proposed to be created in the OSM, RP, RA or R Districts so that the lot may be developed in a manner which protects the natural resources on the property. E. Calculation of impervious surface. For all uses the amount of impervious surface shall be calculated by determining the total amount of impervious surface proposed and dividing it by the net buildable site area, as determined above. The impervious surface ratio shall not exceed the limit set in Article VI. F. Recreation requirement. (1) In addition to the minimum requirements for open space, all new residential subdivision and land developments shall dedicate a total of 10% of the net buildable site area to the township for recreational purposes. This land shall be free of resource restrictions as defined herein. (2) The applicant may request that the Board of Supervisors grant an exemption from the dedication or reservation of recreation space. Where the Board of Supervisors in its sole discretion determines that, because of the size, shape, location, access, topography or other physical features of the land, it is impractical to include recreation land as required by this subsection, the Board of Supervisors shall require the payment of a fee in lieu of dedication for each proposed dwelling unit. Such fee shall be placed in the Township Open Space and Recreation Fund for use for open space and recreational purposes. This option cannot be used to reduce the requirement for open space where an open space ratio is established by the district requirements for the proposed use but can be used at the discretion of the Board of Supervisors to reduce or eliminate the requirement for recreation land. ~ 234-37. Design, maintenance and ownership of open space and recreation areas. A. Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space or recreation except as is consistent with the furthering of recreation, conservation or aesthetic purposes. B. Open space layout and design. (1) Areas set aside for open space shall be suitable for the designated purpose and shall be consistent with the land use plan policies of the township, as expressed in the Township Comprehensive Plan and in other ordinances and policies. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings. (2) Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. C. Methods of conveyance. (1) Dedication in fee simple to the township. The township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas, provided that: (a) It is determined by the Township Planning Commission and Board of Supervisors that the land is suitable and will serve the general public and is readily accessible to the general public; (b) The township agrees to and has access to maintain the land; (c) The title is conveyed to the township without cost. (2) Conveyance to a conservancy, corporation, association, funded community trust, condominium or other legal entity, provided that: (a) The terms of the conveyance shall guarantee continued use of the land for the intended purposes in perpetuity; (b) Proper maintenance and continued funding for maintenance must be guaranteed; (c) The corporation or association shall be responsible for liability insurance, taxes and recovery from loss sustained by casualty, condemnation or otherwise; (d) The corporation or association shall not be dissolved nor shall it dispose of the open space except to another similar organization established to own and maintain the open space and which meets with the approval of the Board of Supervisors. The corporation or association must first offer to dedicate the open space to the township at no cost before such sale or disposition of the open space. (3) Conveyance of restrictive covenants, conservation easements or other legal device to the township or to a conservancy, corporation, funded community trust or other legal entity. Open space may be part of fee simple lots with covenants or easements, provided that: (a) The terms of the agreement guarantee the continued use of the land for the preservation of open space; (b) Each owner of the open space shall be responsible for liability insurance, taxes, recovery of loss sustained by casualty, condemnation or otherwise and the general maintenance thereof. (c) Including open space within fee simple lots shall only be permitted at the discretion of the Board of Supervisors. ~ 234-38. Planned group development. A. Residential planned group development. The following regulations shall apply to residential development where planned group development of more than one building or use is permitted on a single lot, including but not limited to townhouse and multifamily development. Planned group developments shall also comply with all other applicable regulations of this chapter. (1) The proposed development shall be constructed in accordance with an overall plan and shall be designed as or as part of a single architectural and landscaping theme. The buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located. (2) The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities. (3) Building arrangement. The use regulations in Article IV herein shall apply. (4) Underground utilities, All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building. (5) Staged development. If the development is to be carried out in stages, each stage shall be so planned that the intent of this chapter shall be fully complied with at the completion of any stage. B. Nonresidential planned group development. The following regulations shall apply to nonresidential development where group development of more than one building or use is permitted on a single lot, including but not limited to groups of office or industrial buildings on a single lot. Planned group development shall also comply with all other applicable regulations of this chapter. (1) The proposed development shall be constructed in accordance with an overall plan and shall be designed as or as part of a single architectural and landscaping theme. Buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located. The development shall consist of a harmonious grouping of buildings, service and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient use. (2) The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities. (3) Building arrangement. The distance between two principal buildings on a lot shall be equal to or greater than the height of the taller building, except that the buildings may be attached by an enclosed walkway. (4) Underground utilities. All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building. (5) Staged development. If the development is to be carried out in stages, each stage shall be so planned that the intent of this chapter shall be fully complied with at the completion of any stage. ARTICLE VI ~ 234-39. OSM Open Space Management. In all OSM Open Space Management Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) [Added 11-9-1994 by Ord. No. 79] Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria as stated in Article VII of this chapter have been met: F-3 Telecommunications Facility (3) Signs, in accordance with Article IX of this chapter. [Amended 11-9-1994 by Ord. No. 79] B. Area, dimensional and impervious surface requirements. The following regulations shall apply to all uses: (1) Minimum lot area: 10 acres. (2) Maximum impervious surface ratio: 0.10. (3) Minimum lot width at building setback line: 200 feet. (4) Maximum building height: 25 feet. (5) Yards: (a) Front: 100 feet. (b) Side: 35 feet each. (c) Rear: 75 feet. ~ 234-40. RP Resource Protection. In all RP Resource Protection Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: A-7 Nursery and Greenhouse [Added 11-9-1994 by Ord. No. 79] (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply: Single-family detached dwelling: B-1 Minimum lot area 3 acres Single-family detached Cluster: B-7 (1) All other principal (not accessory) uses (2) NOTES: (2) If minimum lot areas are specified for specific uses in Article IV, then those lot areas shall be required. If no specific lot sizes are specified, then the minimum lot area in this chart shall apply. ~ 234-41. RA Residential-Agricultural. In all RA Residential Agricultural Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: B-10 Community Group Home [Added 11-9-1994 by Ord. No. 79] (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply: Single-family detached dwelling: B-1 Minimum lot area 2 acres Single-family detached Cluster: B-7 (1) All other principal (not accessory) uses (2) NOTES: (2) If minimum lot areas are specified for specific uses in Article IV, then those lot areas shall be required. If no specific lot sizes are specified, then the minimum lot area in this chart shall apply. ~ 234-42. R Residential. In all R Residential Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: B-3 Twin Dwelling [Added 11-9-1994 by Ord. No. 79] (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply: Single-family detached dwelling: B-1 Minimum lot area: 1 acre Single-family detached cluster: B-7 (1) Minimum lot area: 20,000 square feet All other uses (2) NOTES: (2) If minimum lot areas are specified for specific uses in Article IV, then those lot areas shall be required. If no specific lot sizes are specified, then the minimum lot area in this chart shall apply. ~ 234-43. VC Village Center. In all VC Village Center Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: A-5 Agricultural Support Services and Retail [Added 11-9-1994 by Ord. No. 79] (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply: Single-family detached dwelling: B-1 (1) (2) Minimum lot area 1 acre 15,000 square Village House: B-2 (2) Minimum lot area: 8,000 square feet Twin House: B-3 (2) Minimum lot area per dwelling unit: 6,000 square feet Duplex House: B-4 (2) Minimum lot area per dwelling unit: 6,000 square feet Townhouse Dwelling: B-5 (2) Minimum tract size for townhouse development: 10 acres Multifamily Dwelling: B-6 and Senior Citizen Housing: B-9 (2) Minimum tract size for multifamily development: 10 acres Office and Retail Uses: D-1, D-2, D-3, E-1, E-3, E-4, E-8 (2) Minimum lot area: 20,000 square feet All other uses (3) Minimum lot area: 1 acre NOTES: (2) Approved centralized private or public water supply and centralized private or public sewer system required. (3) If minimum lot areas are specified for specific uses in Article IV, then those lot areas shall be required. If no specific lot sizes are specified, then the minimum lot area in this chart shall apply. ~ 234-44. Commercial. In all C Commercial Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: B-1 Single-Family Detached Dwelling (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply: Single-family detached dwelling: B-1 (1) (2) Minimum lot area 1 acre 15,000 square Shopping Center: E-13 Minimum lot area: 10 acres All other uses (1) Minimum lot area: 20,000 square feet NOTES: (2) Approved centralized private or public water supply and centralized private or public sewer system required. ~ 234-45. Industrial. In all I Industrial Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: B-1 Single-Family Detached Dwelling (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply(1): All uses except for Use B-12: Minimum lot area: 3 acres Mobile Home Park: B-12(3) [Amended 11-9-1994 by Ord. No. 79] Minimum tract size for mobile home park development: 10 acres NOTES: (2) All yards shall be 100 feet where the proposed use abuts a residential district. (3) Approved centralized private or public water supply and centralized private or public sewer system required. ~ 234-46. Limited Industrial. In all LI Limited Industrial Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: A-1 Agriculture and Horticulture (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: B-12 Mobile Home Park [Amended 1-12-1993 by Ord. No. 74] (3) Signs, in accordance with Article IX of this chapter. B. Area, dimensional, open space and impervious surface requirements. The following regulations shall apply for all uses except for Use B-12, mobile home park(1): All uses except for Use B-12: Minimum lot area: 3 acres Mobile Home Park: B-12(3) [Amended 11-9-1994 by Ord. No. 79] Minimum tract size for mobile home park development: 10 acres NOTES: (2) All yards shall be 100 feet where the proposed use abuts a residential district. (3) Approved centralized private or public water supply and centralized private or public sewer system required. ~ 234-47. Quarry. In all Q Quarry Districts, the following regulations shall apply. A. Permitted uses. A building may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein. (1) Uses by right. Any of the following uses shall be permitted, provided that the regulations of this chapter have been met: C-13 Municipal Building (2) Conditional uses. The following uses shall be permitted upon a finding by the Board of Supervisors that all criteria stated in Article VII of this chapter have been met: F-1 Utility Operating Facility (3) Signs, in accordance with Article IX of this chapter. B. General requirements for quarry extraction operations, asphalt plants and ready mix concrete plants. The following regulations shall apply: Use G-11 Quarry Extraction Operations. (1) Application requirement for zoning permits. (a) All applications for zoning permits or annual renewal permits for Use G-11, Quarry Extraction Operations, shall be made in writing by the owner, tenant, vendee under contract of sale on a form supplied by the municipality which shall be filed with the Zoning Officer. The applications shall be accompanied by plans and other materials to show compliance with the following provisions and regulations: [1] Except where a railroad is a district boundary line, there shall be a berm of minimum height of 15 feet and maximum height of 50 feet surrounding the entire property site. Berms will be required along existing quarry faces to the extent which the Board of Supervisors determines is feasible. The slope of the sides of the berm shall not exceed a 1 to 1 ratio. Berms shall be planted and dusted and erosion control measures shall be taken as may be approved by the U. S. Soil Conservation Service. Berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berms shall be constructed closer than 15 feet to a district in which extraction operations are not permitted. Planting of the berms and yard areas shall be sufficient to screen the quarry extraction operations. Both planting and berm construction shall be according to a plan approved by the Board of Supervisors which shall include a reasonable timetable for completion. Such planting shall consist of evergreens of such species and size as will produce, within three years, a complete all season visual screen of at least eight feet in height. [2] A chain link type fence at least eight feet in height surmounted by three strands of barbed wire shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet. [3] An adequate internal circulation pattern of driveways shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for weighing or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with the municipal subdivision and land development ordinance. [4] No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area. [5] All operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons; physical damage to adjacent lands or improvements; or damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse. [6] Stockpiles shall not exceed 75 feet in height from the original ground surface and shall not be located within the setback provided for in this chapter. All reasonable precautions shall be taken to prevent any materials or waste deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces. [7] All drainage from the site of extraction operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets or adjacent property or entering into any stream, pond, well, subterranean stream or other body of water. [8] No ground vibration caused by blasting or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. ~~ 164 through 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than 1.0 inch per second, measured at the immediate location of any non-owned dwelling house, public building, school, church, hospital, commercial or other institutional building. [9] No parking shall be permitted in the front, side or rear yards except parking shall be permitted behind any berm. (b) Any such application for a zoning permit or an annual renewal permit as hereinafter provided shall be accompanied by plans and other information to satisfy the criteria set forth in Subsection B(1)(a) above and, in addition, shall depict: [1] Plan of general area within a one-half-mile radius of the site at scale of 500 feet or less to the inch with a fifty-foot or less contour interval to show: [a] Existing data, including location of proposed site. [b] Land use pattern, including building locations and historical site of buildings, if any. [c] Roads: indicating major roads and showing width, weight loads, types of surfaces and traffic data. [d] Existing and proposed uses of neighboring facilities including (i) Subdivisions. (ii) Parks, schools, churches. (iii) Highways (new and reconstructed). (iv) Other uses potentially affecting or affected by the proposed extraction operation. [2] Plan of proposed site at the scale of 100 feet or less to the inch with a ten-foot-or-less contour interval to show: [a] Basic data. [b] Soils and geology: groundwater data and watercourses. [c] Vegetation, with dominant species. [d] Wind data: directions and percentage of time. [e] Proposed usage. [f] Final grading by contours. [g] Interior driveway pattern, its relation to operation yard and points of ingress and egress to state and township roads. [h] Location and estimated amount and description of aggregate and overburden to be removed. [i] Location of stockpiles and present or proposed heights. [j] Ultimate use and ownership of site after completion of operation. [k] Source and amount of water if final plan shows use of water. [l] Plan of operation showing: (i) Proposed tree screen locations. (ii) Soil embankments for noise, dust and visual barriers and heights of spoil mounds. (iii) Method of disposition of excess water during operation. (iv) Location and typical schedule of blasting. (v) Machinery; type and noise (vi) Safety measures: monitoring of complaints. (c) Any application for an initial permit or for an annual renewal permit as hereinafter provided shall be initially referred to the Planning Commission for review and to the Township Engineer for review prior to final action by the Board of Supervisors. The Board of Supervisors, in acting upon any original permit application or annual renewal permit application, shall take into account the following: [1] Compliance with the requirements set forth in Subsections B(1)(a) and (b) above. [2] The impact that the proposed operations would have upon the health, safety and welfare of the community, including specifically the finding that the use will not impact adversely upon the following: [a] Groundwater supply; [b] Ground vibration; [c] Noise; [d] Dust dissemination; [e] Ground, groundwater and air contamination of toxic or hazardous substances. (d) No permit for any extraction operation shall issue until the applicant shall have first demonstrated to the Board of Supervisors that it has obtained all other permits and approvals required from any other regulatory agency to conduct the extraction operations. (2) Annual renewal permit. (a) Each operator/owner of extraction operations within the Quarry District shall be required to apply for and obtain an annual renewal permit during each year of its operation. (b) The renewal permit application must be received by the township along with the appropriate fee not less than 45 days prior to the expiration of the then-current permit. (c) The application shall include updated plans and other materials showing the information required for the issuance of an original permit. (d) The annual renewal permit shall issue upon the Board of Supervisors' being satisfied that the applicant has satisfied all of the obligations required of the owner/operator for an original issue permit and provided further that the criteria set forth in Subsection B(1) above are satisfied. (3) Fees. Applicants for zoning permits and annual renewal permits for extraction operations shall pay a fee which shall be in accordance with the fee schedule as may be from time to time adopted and amended by the township; provided, however, that the fee for the zoning permit or annual renewal permit for extraction operations may not be increased by more than 10% per annum over the fee in effect during the previous year. (4) Rehabilitation and conservation requirements. The following provisions shall apply to all extraction operations: (a) The owner, operator, lessee of any extraction operation shall, at the time of application for a zoning permit, submit to the township its reclamation plan as submitted to the Pennsylvania Department of Environmental Protection. No permit shall issue where said reclamation plan provides for quarrying in areas of the site not permitted by this chapter. (b) Along with said plan, the applicant shall include a timetable for the reclamation proposed for the site in general with an actual timetable for reclamation of slopes as may be found reasonable by the Board of Supervisors within the setback areas. (c) Owner, lessee or operator of any extraction operation within the township shall, within six months from the date of this chapter or receipt of a zoning permit authorizing said extraction operation, whichever is the latter, submit a plan which shall include descriptions and plans for suitable after-conditions or after-uses for all the land affected. (d) Plans for the rehabilitation uses may include the following after-uses among others: [1] Open areas suitably graded and covered with suitable shrubs, grasses or trees; [2] Recreation land, ponds and lakes; [3] Agriculture of any type; [4] Sites for residential use. (e) Rehabilitation shall commence within one year following the completion or the discontinuance for a period of one year of any extraction operation (or the completion of the excavation of a portion of an entire operation which can feasibly be restored separately from other portions of the operation and which is not necessary to the operation). Such rehabilitation shall be completed within five years from the date rehabilitation commenced except where a longer period of time is specifically authorized as part of the rehabilitation program. Normal benching operations for sloping purposes shall not be construed as requiring the commencement of rehabilitation. (f) Rehabilitation shall include removal of all debris, temporary structures and stockpiles. (g) A layer of arable soil of sufficient depth to sustain grass, shrubs and trees shall be provided in those parts of the operation where feasible to do so. Grass, shrubs and trees native to the area shall be planted thereon within six months after the providing of arable soil. (h) Where the extraction operations are to be filled as part of the rehabilitation process, no material shall be used for fill purposes other than earth, stone, sand, concrete or asphalt. (i) Water accumulation upon the site may be retained after the completion of such operations where the excavation cannot be reasonably drained by gravity flow, provided that adequate provision shall be made to avoid stagnation, pollution and the danger of improperly controlled release of such waters from the site. (j) Upon receipt of the rehabilitation plans, the township shall review the plans to ensure compliance with all provisions of this performance standard. Upon approval thereof, the township shall issue a certificate indicating approval of the plans as submitted or amended and the approved plans shall be permanently filed in the official records of the township. (k) Plans may be amended from time to time by approval of the township upon application of the owners. (l) A performance bond may be required by the township in an amount determined by the township to be sufficient to ensure the rehabilitation of the affected site in accordance and compliance with the standards for the issuance of any original permit or annual renewal permit in accordance with the provisions of the plan of rehabilitation as submitted pursuant to this chapter, if the bond posted with the Commonwealth of Pennsylvania Department of Environmental Protection or other agency is not kept in force or if the township is not named therein. The township may require that the bond posted with any state agency may not be withdrawn or reclaimed without township approval. With the approval of the township and for such period or periods as may be specified, an owner maybe permitted to post his own bond without corporate surety. (5) Inspection. To ensure that the provisions of the above sections of this chapter are strictly satisfied, the township shall have the right to inspect any extraction operation within its boundaries. Such inspection or inspections, as the township may deem necessary, may be conducted on any working day of the year, during regular business hours. (6) Hours of operation. (a) No extraction operation or machinery connected therewith shall operate between the hours of 10:00 p.m. and 6:00 a.m. except as follows: [1] Secondary crushing may commence at 3:00 a.m. [2] Loading of blacktop may commence at 4:00 a.m. [3] Loading of stone and concrete material may commence at 5:00 a.m. (b) The following regulations shall apply: Use G-14 Asphalt Plant and Use G-15 Ready Mix Concrete Plant. (7) Application requirements for zoning permits for Use G-14 and Use G-15. (a) Hereafter a use listed as Use G-l4 Asphalt Plant or G-15 Ready-Mix Concrete Plant may not be established until a zoning permit issues from the Board of Supervisors. In determining whether a zoning permit shall issue for an asphalt plant or a ready mix concrete plant, the application shall be referred to the Planning Commission and the Township Engineer for review. The Planning Commission and Engineer shall make a report to the Township Supervisors, who shall then issue a permit upon its finding that the regulations pertinent to the said use have been satisfied and its further finding that the said use meets the criteria set forth herein. (b) Any application for a use permit for an asphalt plant or ready mix concrete plant shall be accompanied by the following plans and materials: [1] Plot plan of the site at a scale of 100 feet to the inch showing the location and dimensions of the plant in relation to the operation and boundaries. [2] Any and all permits necessary from any state or other governmental agency which may now or in the future regulate such operation. [3] Satisfactory proof that all state and other governmental regulations and guidelines pertinent to the use have been satisfied. [4] A plan demonstrating or illustrating the methods by which noise, dust and the spread of toxic or hazardous waste will be controlled. (8) Regulations for asphalt plant and ready mix concrete plants. (a) No asphalt plant or ready mix concrete plant shall operate between the hours of 10:00 p.m. and 3:00 a.m. (b) The asphalt plant or ready mix concrete plant shall be located such that the land surrounding the plant shall be bermed in such a fashion that the asphalt plant or ready mix concrete plant is not visible at the property line. (c) Prior to commencement of asphalt plant and/or ready mix concrete plant operations, all screening and berming shall be completed to totally screen the operation from view at the property line. C. Area, dimensional, open space and impervious surface requirements. Quarry Extraction Operation: G-11 Minimum lot area: 25 acres All other uses:(4) Minimum lot area: 1 acre NOTES: (2) The side and rear yard setbacks may be sloped beginning at a point no closer than 50 feet from any boundary line to a point 125 feet from said boundary line. The slope shall not exceed a 3 to 1 slope and shall be reclaimed by seeding and planting in accordance with a plan and timetable approved by the Board of Supervisors. (3) Building height shall be applicable only to those buildings or structures having a permanent fixed foundation or location on the ground and shall not include machinery or other temporary structures necessary to the operation of extraction operations, asphalt plants or ready mix concrete plants. (4) If minimum lot areas are specified for specific uses in Article IV, then those lot areas shall be required. If no specific lot sizes are specified, then the minimum lot area in this chart shall apply. ARTICLE VII ~ 234-48. General. [Amended 11-9-1994 by Ord. No. 79] A. The Board of Supervisors may allow or deny conditional uses pursuant to public notice and hearing and after receiving recommendations from the Nockamixon Township Planning Commission pursuant to the standards set forth in this chapter. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Written notification of the date, time and place of a conditional use hearing, together with a concise statement of the nature of the approval requested shall be given to all property owners located within 500 feet of the property boundary of the applicant's property within not less than seven days of the date of the hearing. B. General considerations. (1) The Board shall determine that access to the site is safe and may refuse to permit a conditional use where insufficient distance between a curb cut and a street intersection is provided or require combining of access with an adjoining land use. The Board may require off-site traffic improvements where a hazardous condition would otherwise be created. (2) The Board shall require that the proposed use be made compatible with the surrounding existing uses. Conditions controlling planting of shade trees, evergreen buffers and planted berms may be imposed to create a buffer beyond the normal requirements of this chapter. (3) The Board shall impose conditions on lighting and signs to insure that glare does not disrupt residential areas, distract motorists or intrude in the background near traffic lights. (4) The Board shall make favorable findings on all of the following: (a) That the proposal is appropriate to the tract in question and will not disrupt or destroy the character of stable residential neighborhoods or nonresidential areas; (b) That the proposal provides for adequate access to public roads, without creating hazardous conditions at intersections or areas of poor road alignment and without creating undue congestion. (c) That the proposal conforms to all applicable requirements of this chapter. (d) That the proposed water supply and sanitation systems are adequate to prevent disease, contamination and unsanitary conditions. A certificate of adequacy of sewage and water facilities shall be provided. (e) That the effects of the proposed change will result in the most appropriate use of land; the conservation of the value of buildings; safety from fire, panic and other dangers; adequacy of light and air; the prevention of overcrowding of land and congestion of population; and the adequacy of public and community services. ~ 234-49. Environmental impact assessment for solid waste facilities. No conditional use permit requesting permission to use a property for the establishment of a solid waste facility shall be approved without the preparation and filing of an Environmental Impact Assessment in accordance with the guidelines below. A. The impact on the environment generated by solid waste facilities requires a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize these problems. (1) In order to effectively evaluate the environmental consequences or effects of such projects proposed in the township, an Environmental Impact Assessment (EIA) report shall be submitted with applications for conditional use approval requesting establishment of a solid waste facility and an updated environmental impact assessment report shall be submitted with any application for preliminary and/or final plan approval for land development or subdivision requesting authority to establish a solid waste facility. (2) In order to encourage the thorough preparation of an EIA report, the applicant may use the components of the EIA report to satisfy the reporting requirements of the township subdivision and land development ordinance; provided, however, that a list of the sections of the Subdivision and Land Development Ordinance that are proposed to be satisfied by the EIA report shall be submitted with the EIA report. B. Definitions. For the purpose of an EIA, the following definitions shall apply: ADVERSE ENVIRONMENTAL IMPACTS -- An impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation. Adverse environmental impacts may include a negative impact on surrounding land uses; negative impacts which are contrary to the Comprehensive Plan for the township and the intent of this chapter; negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources. ALTERNATIVES -- Choices between or among two or more plans, layouts, approaches, solutions or results. BENEFICIAL EFFECTS -- Results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare. BIOLOGICAL RESOURCES -- Characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as field and meadow; tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats. COMMUNITY FACILITIES -- The services which provide for various community health, education, safety, leisure and like needs and the locations at which these services are provided. Typical community facilities include schools, parks and recreation areas; libraries; hospitals and other health-care facilities; fire protection; police; ambulance and rescue services; and postal services. CULTURAL ENVIRONMENT -- A representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures. DEMOGRAPHIC CHARACTERISTICS -- Characteristics related to the distribution, density and vital statistics of populations. DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to the construction or alteration to buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations; provided, however, the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like and minor structure alterations to a building. ECONOMIC AND FISCAL CHARACTERISTICS -- Characteristics related to the expenditure and revenues in conjunction with the management of income of a household, private business, community, association and/or government. ENVIRONMENT -- The conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project, including but not limited to natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure and man-related attributes of a social and economic nature. ENVIRONMENTAL IMPACT ASSESSMENT REPORT -- An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and Chapter 196, the Nockamixon Township Subdivision and Land Development Ordinance. HISTORIC RESOURCES -- Sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past. IMPACT -- The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern. INFRASTRUCTURE -- The basic installations and facilities on which the continuance and growth of a community depend such as roads, schools, electrical transmission facilities, transportation and communication systems and sewer and water systems. LONG-TERM EFFECTS -- Results which are manifest for or extending over a period of greater than two years. MITIGATION -- The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact. NATURAL ENVIRONMENT -- A composition of land, water and/or air represented by its inherent physical and biological resources. PHYSICAL RESOURCES -- Characteristics of the natural environment manifest in its land forms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater and the like. The disposition of these characteristics is typically expressed in physiographic, topographic and/or hydrologic units such as rock formations, slope elevations, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like. PRIMARY EFFECTS -- Results of a direct nature which have a principal influence on a particular condition. PROJECT -- A subdivision, land development or other development involving the construction or alteration of buildings or other structures or the grading of land to accommodate use of property as a solid waste facility. SECONDARY EFFECTS -- Results of an indirect nature which have an influence on a particular condition or state derived from a primary effect. SHORT-TERM EFFECTS -- Results which are manifest for or extending over a period of two years or less. VISUAL RESOURCES -- Characteristics of the natural and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character and/or attractiveness relative to their amenity value and/or quality. C. An updated EIA report shall accompany and form a part of a final land development or subdivision plan as required herein. D. Ten copies of the EIA report shall be submitted with the Conditional Use Permit Application and applications for Preliminary or Final Plan approval. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent municipalities where applicable) and township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows: (1) Overview: Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be constructed and the uses intended. The resident population, working population and visitor population shall be projected. The basis of the projections shall be clearly stated in the report. (2) Compatibility: The compatibility or incompatibility of the proposed project shall be described in relation to the following: (a) Township Comprehensive Plan, especially the land use and open space elements. (b) Comprehensive Plan of adjacent municipalities whenever a project is located along or within 2,000 feet of the municipal boundaries. (c) Bucks County Comprehensive Plan. (d) Regional and state planning guides. (e) Other pertinent planning documents. (3) Location: An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all street, adjoining properties, zoning district boundaries and municipal boundaries within 2,500 feet of any part of the tract. In the case of development of only a portion of the entire tract, the location map shall also show the relationship of the section to the entire tract. (4) Photographs: An identification of the character and appearance of the site through the presentation of black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from ground level. Photographs should be properly identified or captioned and shall be keyed to a map of the site. (5) Description of the project: An identification of the nature of the proposal through the presentation of the following: (a) A site development plan including notes pertaining to the type of solid waste proposed to be handled, processed, stored or disposed of at the facility, including the quantities to be handled on an average daily, monthly and yearly basis. (b) A statement indicating the existing and proposed ownership of the tract. (c) A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan. (6) Physical Resources Inventory: An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report. (a) A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures. (b) A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from 0% to 15%, 15% to 25%, and greater than 25%. (c) A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed project such as prime agricultural soils, depth to bedrock, depth of water table, flood hazard potential and limitations for septic tank filter fields. List and describe each soil type located on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involved soils with moderate or severe limitations (as per the Soil Survey of Bucks and Philadelphia Counties, U.S. Soil Conservation Service) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist. (d) A map depicting the hydrological characteristics of the tract. Such map shall depict surface water resources, their drainage characteristics, watershed and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes and other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas. (7) Biological Resources Inventory: An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report. (a) A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species and sizes. In addition, all trees 12 inches in caliper or greater shall be accurately located and identified on the map whether they are freestanding trees or tree masses. (b) A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s). (8) Land Use Inventory: An identification of the land use conditions and characteristics associated with the tract, such as current and past use, land cover and encumbrances; and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale not smaller than 100 feet to the inch shall be incorporated into the EIA report or submitted as attachments to it. (a) A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, woodland and forest areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like. (b) A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist. (c) A map depicting the land uses within 500 feet of the proposed tract. Such map may be at the same scale as the location map. (9) Surface Water Inventory: Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. When required, floodplain areas will be mapped in consultation with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetland areas as defined by the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be delineated. (10) Subsurface Water Inventory: Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site. (11) Existing Features Inventory: Describe any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, utility lines, etc. (12) Historic Resources Inventory: An identification of the man-made resources associated with or within 500 feet of the tract which are older than 50 years. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places, the Historic American Building Survey, the Bucks County Conservancy and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report. (13) Visual Resources Inventory: An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report. (14) Community Need Inventory: An identification of the community facility needs associated with the users of the proposed project. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, parks and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal service) shall be discussed in terms of the ability of the existing facilities and services to accommodate the demands of future users and/or residents of the lots and/or tract and the need for additional or expanded community facilities. (15) Utility Needs Inventory: An identification of the utility needs associated with the users of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users; the needs for additional or expanded utility installations; the ability to achieve an adequate potable quantity of water whenever individual wells are proposed; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management. Certificates from the utilities confirming that adequate capacity exists to serve the proposed development shall be included. (16) Transportation System Inventory: An identification of the relationship of the transportation and circulation system needs of the proposed project to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it; and expected traffic volumes generated from the project, including their relationship to existing traffic volumes on existing streets for both peak hour and nonpeak hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies. (17) Fiscal Impact: An identification of the economic and fiscal characteristics related to the proposed project. The characteristics which shall be presented in narrative form shall include a profile of the township, county and school district revenues which the proposed use may generate and the township, county and school district costs it will create. Such information shall be related to initial and completed project conditions. (18) Existing conditions: An identification of characteristics and conditions associated with existing, construction related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials. (19) Licenses and permits: An identification of all licenses, permits or other approvals required by law for the development and the status of each. (20) Environmental controls: An identification of compliance with the floodplain regulations provided by this chapter. (21) Impacts Inventory: The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it; and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsection D(5) through (21) above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the area adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the project. (22) Alternative Analysis: Alternatives within the project which would preclude, reduce or lessen potential adverse impact or produce beneficial effects. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type or alternatives described in narrative forms. The applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, roads and other structures and the reduction in the size of the proposed structures or number of structures would affect the impacts or effects of the project. (23) Adverse impacts. (a) Probable adverse impacts which cannot be precluded, including: [1] Water quality and quantity. [2] Air quality. [3] Noise. [4] Undesirable land use patterns. [5] Damage or destruction of significant plant of wildlife systems. [6] Aesthetic values. [7] Destruction of natural resources. [8] Displacement of people and business. [9] Displacement of viable farms. [10] Employment and property tax. [11] Destruction of man-made resources. [12] Disruption of desirable community and regional growth. [13] Health, safety and well-being of the public. (b) In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resources, condition or characteristic. (24) Mitigation Measures: Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows: (a) Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or township for remedial or protective actions such as sedimentation and erosion control, stormwater runoff control, water quality control and air quality control. (b) Mitigation measures related to impacts which may be unique to a specific project are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses and land acquisition. (25) Irreversible Impacts: Any irreversible environmental changes which would occur due to the proposed project, should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects. E. In making its evaluation, the Board of Supervisors and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential environmental impacts. Whenever any information required in this section is assumed not directly applicable to the proposed project, the applicant shall indicate such assumed inapplicability in the narrative of the EIA report and state why such information is considered to be inapplicable in the case of the particular project in question. F. The EIA report shall be prepared by a planner certified by the American Institute of Certified Planners or its equivalent, in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized engineering, architectural and planning practices and principles. The township may retain its own expert to evaluate the EIA report. The cost of the expert shall be the cost of the review of the project which shall be borne by the applicant. ~ 234-50. Requirements for approval of applications for conditional uses for solid waste facilities; fees. A. Application fee. All applications for conditional use approval for any solid waste facility shall be accompanied by a nonrefundable fee and such escrow as may be required pursuant to a fee resolution duly adopted by the Board of Supervisors. B. Host municipality benefit fee. There shall be a host municipality benefit fee charged in accordance with the provisions of Act 101, Section 1301, of $2 per ton of daily capacity of the facility when operating at its designed operating capacity, to be paid quarterly by the 20th of the month, with a one-percent discount for early payments and interest at the prime bank rate plus 2% plus a penalty of 5% per month for late payments up to a penalty of 25% for late payment. C. Indication of acceptability. All applications for conditional use approval for any solid waste facility shall be accompanied by plans, reports and other documents as herein described to indicate that the proposed use will be acceptable to the township as follows: (1) Consistent with the Township Comprehensive Plan; (2) Conform to all requirements of Chapter 196, the Township Subdivision and Land Development Ordinance, and all other ordinances, codes, permit conditions and regulations; (3) Will not adversely affect the health, safety and general welfare of the residents of the township and of surrounding municipalities; (4) Promotes the harmonious and orderly development of the zoning district involved; (5) Compatible with the character and type of development existing in the area which surrounds the site in terms of size, scale, height and bulk of the proposed uses and the size, shape and placement of the buildings and other structures; (6) Will not detract from or cause harm to neighboring properties; (7) Compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use; (8) Reflects effective site planning and design in terms of energy efficiency and environmental protection; (9) Reflects sound engineering and land development design and construction principles, practices and techniques. (10) Consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties and of the township as a whole, in terms of public water supply, wastewater treatment, police, fire protection and hospital and health services; (11) Includes proposals for the effective disposal of residues and unprocessable solid waste; (12) Provides safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions or excess traffic volumes; (13) Limits the number of access points along major public streets and generally provides development of the frontage of buildings on access roads which are parallel or perpendicular to major public streets; (14) Provides improvements needed to guarantee compatibility with adjoining roads and properties; (15) Provides continuity of existing circulation systems including roads, sidewalks, trails and other walkways; (16) Provides adequate off-street parking and loading areas which will be minimally visible and audible from adjoining public streets and neighboring properties; (17) Utilizes effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complimentary to the proposed site grading and landscaping; (18) Preserves, to the maximum extent possible, woodlands and other trees existing on the site; (19) Will not be disruptive to existing topography, surface water resources and groundwater resources; (20) Includes landscaping, in addition to that around the buildings and structures, in areas which are highly visible to the public such as entrances, along roads, trails and walkways, where the use of trees, shrubs, flowers and ground cover would be both functional and decorative; (21) Provides that all buildings shall be permanent and the buildings and grounds taxable if privately owned; (22) Will not result in appreciable harmful effects to the environment; (23) Has been designed and conceived with a view toward the protection of resources; and (24) Will not, individually or collectively, place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals. ARTICLE VIII ~ 234-51. 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 commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by: A. Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. B. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding. C. Requiring all those uses, activities and development that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. ~ 234-52. Applicability. These provisions shall apply to all lands within the jurisdiction of Nockamixon Township shown as being located within the boundaries of the designated Floodplain District as defined herein. ~ 234-53. 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 chapter and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter. ~ 234-54. Warning and disclaimer of liability. A. The degree of flood protection sought by the provisions of this chapter 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 chapter does not imply that areas outside the Floodplain Districts or that land uses permitted within such districts will be free from flooding or flood damages. B. This article shall not create liability on the part of Nockamixon Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. ~ 234-55. Establishment of Floodplain Zoning District. [Amended 5-11-1999 by Ord. No. 97] A. Basis of districts. (1) Floodplain District shall include those areas of the Township of Nockamixon, which are subject to the one-hundred-year flood, as identified in the Flood Insurance Study (FIS) dated May 18, 1999, and the accompanying maps prepared for the township by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof. (a) The Floodway District (FW) is delineated for the purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in the Floodway Data Table of the above referenced Flood Insurance Study and shown on the Flood Insurance Rate Map. (b) The Flood-Fringe District (FF) shall be that area of the one-hundred-year floodplain not included in the Floodway District. The basis for the outermost boundary of this district shall be the one-hundred-year-flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study (FIS) and as shown on the Flood Insurance Rate Map. (c) The General Floodplain District (FA) shall be that floodplain area for which no detailed flood profiles or elevations are provided as shown on the maps accompanying the FIS prepared by the FIA. Where the specific one-hundred-year elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers Floodplain Information Reports or the U.S. Geological Survey Flood-Prone Quadrangles, then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the township. (d) In those areas of the township which are not included within the aforementioned Flood Insurance Study, the Floodplain District shall be defined as that area including all soils mapped by the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, as alluvial soils, including but not limited to Alton Gravelly Loam, flooded; Bowmansville Silt Loam; Hatboro Silt Loam, Marsh; Pope Loam; and Rowland Silt Loam. Development in the aforesaid soils is hereby specifically prohibited. (2) Any property owner who is aggrieved by the aforementioned determination of the floodplain in those areas not included within the Flood Insurance Study or is aggrieved by the prohibition of development in those soils may submit to the township 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 township's review. The township may, within its sole discretion, adopt the property owner's floodplain study or reject it; the township's decision in this regard being considered final. B. Overlay concept. (1) The Floodplain Districts described above shall be considered as overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map and, as such, the provisions of the Floodplain Districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provision or requirements of any of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the Floodplain Districts shall apply. (3) In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. ~ 234-56. Zoning Map. The boundaries of the Floodplain Districts are established as part of the Official Zoning Map of Nockamixon Township, which is declared to be a part of this article and which shall be kept on file at the Nockamixon Township offices. ~ 234-57. District boundary changes. The delineation of any of the Floodplain District may be revised by the Nockamixon Township Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, Delaware River Basin Commission or other qualified agency or individual documents the need for such changes. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA). ~ 234-58. Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and submit his own technical evidence if he so desires. ~ 234-59. Floodplain District provisions. A. All uses, activities and development occurring within any Floodplain District shall be undertaken in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Township Building Code and Township Subdivision and Land Development Ordinance. In addition, all such uses, activities and the development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments; the Pennsylvania Sewage Facilities Act (Act 537); the Pennsylvania Dam Safety and Encroachment Act (Act 325); and the Pennsylvania Clean Streams Act (Act 394). B. No hazardous or toxic substances may be stored or used within any Floodplain District. C. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. D. Prior to any proposed alteration or relocation of any stream, water course, etc., within the municipality, a permit shall be obtained from the Department of Community and Economic Development, Dams and Encroachment Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Pennsylvania Department of Community and Economic Development. [Amended 5-11-1999 by Ord. No. 97] E. In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, state and federal authorities as required above. (1) Permitted uses. In the Floodplain District, only the uses and activities set forth below are permitted. All other uses and activities are specifically prohibited. (2) Uses permitted by right. 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: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. (b) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries and hunting and fishing areas. (c) Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas. (d) Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc. (3) 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: (a) Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses. (b) Water-related uses and activities such as marinas, docks, wharves, piers, etc. (c) Temporary uses such as circuses, carnivals and similar activities (d) Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning. (e) Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all applicable codes and ordinances. (4) Expansion of existing buildings or structures. When permitted as a variance by the Zoning Hearing Board, any building or structure within the floodplain at the time of enactment of this chapter may be altered or extended, provided that: (a) The alteration or extension conforms with all applicable regulations of this chapter. (b) Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure. (c) No increase of any on-lot sewer system presently located either wholly or partially in the floodplain shall be permitted. (d) Existing structures located in the floodway portion of the Floodplain District shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. ~ 234-60. Development which may endanger human life. A. The provisions of this section shall be applicable, in addition to any other applicable provisions of this chapter or any other ordinance, code or regulation. B. In accordance with the Pennsylvania Floodplain Management Act and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances on the premises, shall be subject to the provisions of this section, in addition to all other applicable provisions: (1) Acetone. (2) Ammonia. (3) Benzene. (4) Calcium carbide. (5) Carbon disulfide. (6) Celluloid. (7) Chlorine. (8) Hydrochloric acid. (9) Hydrocyanic acid. (10) Magnesium. (11) Nitric acid and oxides of nitrogen. (12) Petroleum products (gasoline, fuel oil, etc.). (13) Phosphorus. (14) Potassium. (15) Sodium. (16) Sulphur and sulphur products. (17) Pesticides, including insecticides, fungicides and rodenticides. (18) Radioactive substances, insofar as they are substances not otherwise regulated. ~ 234-61. Activities specifically prohibited. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Floodplain Management Act, the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area: A. The commencement of any of the following activities; or the construction, enlargement or expansion of any structure used or intended to be used, for any of the following: (1) Hospitals. (2) Nursing homes. (3) Jails or prisons. B. The commencement of or any construction of a new mobile home park or mobile home subdivision or substantial improvement to any existing mobile home park or mobile home subdivision or the commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to any existing manufactured home park or manufactured home subdivision. C. No variance shall be granted for the obstructions and activities cited in this section. ~ 234-62. Special exceptions and variances; additional factors to be considered. In passing upon applications for special exceptions and variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of this chapter and the following: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development or activity that will cause any increase in flood levels in the Floodplain District as delineated in the Flood Insurance Study. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. I. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. J. The safety of access to the property by ordinary and emergency vehicles in times of flood. K. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater at the site. L. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any qualified engineer, person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters. In particular, the application may be referred to the Bucks County Conservation District for its review. M. Special exceptions and variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in: (1) Increases in flood heights; (2) Additional threats to public safety; (3) Extraordinary public expense; (4) Creation of nuisances; (5) Fraud or victimization of the public; (6) Conflict with local laws or ordinances; or (7) Modification greater than that necessary to obtain relief. N. Whenever a variance or special exception is granted, the township shall notify the applicant in writing that the township disclaims any and all liability and that the applicant bears whatever risks exist since the granting of the variance or special exception may result in increased premium rates for flood insurance; and such variance or special exception may increase the risks to life and property. A complete record of all variance requests and related actions shall be maintained by the Township of Nockamixon. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration. [Amended 5-11-1999 by Ord. No. 97] O. In reviewing any request for a variance, the Zoning Hearing Board shall consider that failure to grant the variance would result in exceptional hardship to the applicant. [Added 5-11-1999 by Ord. No. 97] ~ 234-63. Elevation and floodproofing requirements. In any case where development is allowed within the one-hundred-year floodplain, the following conditions shall be met: A. Residential structures. Within the Floodplain District, the lowest floor, including the basement of any new or improved residential structure, shall be at least 11/2 feet above the one-hundred-year-flood elevation. The structure shall be anchored to prevent collapse, flotation and lateral movement. B. Nonresidential structures. Within the Floodplain District, the lowest floor, including any basement or storage area, shall be at least 11/2 feet above the one-hundred-year-flood elevation or be designed and constructed so that the space enclosed by such structure shall remain completely dry during any flood up to said elevation. In addition, the structure shall be anchored to prevent flotation, collapse and lateral movement. ~ 234-64. Administration. A zoning permit shall be required for all construction and development which includes, but is not limited to, paving, filling, grading, excavation, mining, dredging or drilling operations. A copy of all applications and plans for any proposed construction or development in any floodplain area shall be submitted to the Bucks County Conservation District for review and comment prior to the issuance of a zoning permit. The recommendations of the Conservation District shall be considered by the township for possible incorporation into the proposed plan. ARTICLE IX ~ 234-65. Purposes. The purposes of the sign regulations are: A. To provided uniform standards for all signs within the township and specific standards for signs in each zoning district. B. To regulate the location, size, appearance, construction, erection, alteration, use and maintenance of signs. C. To promote the use of well-crafted signs in harmony with the architectural and rural residential character of the township. ~ 234-66. Definitions. As used in this article, the following terms shall have the meanings indicated: OFF-PREMISES SIGN -- An off-premises sign is a sign which directs attention to a person, business or profession or home occupation not conducted on the same lot. ON-PREMISES SIGN -- An on-premises sign is a sign which directs attention to a person, business, profession or home occupation conducted on the same lot with the sign. A "For Sale" sign or "For Rent" sign relating to the lot on which it is displayed shall be deemed an on-premises sign. SIGN -- Includes any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction or is designed to attract the eye or bring the subject to the attention of the public. ~ 234-67. Area of a sign. A. The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. B. For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, accompanying designs or symbols together with any backing associated with the sign. C. Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all the letters and symbols. D. In computing the size of a double-faced sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of a double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area. ~ 234-68. Exempt signs. A sign permit shall not be required prior to the erection, structural repair, alteration, moving, removal or demolition of any of the following signs in any zoning district in the municipality. Exempt signs shall conform to the regulations of ~ 234-74. No exempt sign shall be illuminated, either from an interior light source or by an exterior source focused on the sign, except for official governmental building signs and police station signs. A. Official highway route number signs, street name signs and other official traffic signs which are in the interest of public safety or the regulation of traffic. B. Signs permitted under ~ 234-69A, D, E and F. C. Directional, informational or public service signs, such as those advertising the availability of rest rooms, telephone or similar public conveniences, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities. Any sign covered by this subsection shall not exceed two square feet. D. Governmental flag or insignia. E. Legal notice. F. Window sign: a sign applied to a window pane giving store hours or the name or names of credit or charge institutions. G. Cornerstone, historical plaque or sign affixed to the surface of a building wall and not exceeding 200 square inches. H. Barber pole: revolving barber pole sign, provided that it does not exceed 36 inches in height and that it is erected only in a commercial district in conjunction with a barbershop. I. Flags, pennants and similar materials to announce the opening of a new business or industry, provided that they are removed after 14 days of the opening day or the first day of business. J. Official and governmental signs including safety signs, signs indicating points of interest, signs identifying official township buildings or facilities. Signs identifying township buildings, police stations or other township facilities may be illuminated by exterior lights focused on the sign. K. Temporary signs advertising a garage or yard sale conducted in accordance with this chapter, provided that signs may be posted only where such sale is taking place and only for the duration of the sale itself. L. Temporary signs advertising political parties or candidates for public office may be erected or displayed and maintained, provided that: (1) The signs are erected or displayed by the owner or lessee of the parcel of real property on said parcel or by the candidate, political party or other authorized agent of either of them, with the express permission of the owner or lessee of the parcel of real property; (2) The size of any such sign is not in excess of 12 square feet; and (3) The signs shall not be erected or displayed earlier that 60 days prior to the election to which they pertain; (4) Nothing contained herein shall be construed to permit the placing or erecting of any such signs within a street right-of-way or within or on any public alley, sidewalk, parking lot or other public place, which said placement is hereby prohibited; and (5) The erection of temporary political signs permitted by this section by the owner or lessee of the parcel of real property, candidate, political party or other authorized agent shall not require a permit or other approval; provided, however, that it shall be unlawful for any such owner or lessee of the lot, candidate, political party or other authorized agent to permit such signs to remain erected more than 10 days after the date of the election to which they relate and failure to remove such signs as required hereby shall subject such offenders to the penalties prescribed in this chapter. M. Temporary farm stand signs: signs advertising the sale of seasonal produce maybe erected during the local growing season only and for the purpose of advertising products of Nockamixon Township farms. Such signs shall not exceed 12 square feet and shall be removed when such produce is not being grown and sold locally. ~ 234-69. On-Premises signs permitted in OSM, RP, R and RA Districts. No sign or other on-premises advertising device shall be permitted except as follows: A. Signs displaying the street number or name of the occupant of the premises, or both, provided that the area on any one side of any such sign shall not exceed four square feet. Such sign may include identification of permitted accessory uses, including permitted home occupations or a roadside stand. B. One identification sign for a permitted nonresidential building or use, provided that the area on any one side of any such sign shall not exceed 12 square feet. C. One sign in connection with a lawfully maintained nonconforming use, provided that the area on any one side of any such sign shall not exceed six square feet. D. Temporary "For Sale" or "For Rent" signs not exceeding six square feet in area. E. Temporary contractors, developers, architects or builders sign, provided that the area on any one side of such sign shall not exceed 12 square feet. Such signs shall be maintained on the premises to which they relate and shall be removed upon completion of the work. F. Signs announcing no trespassing, signs indicating the private nature of the road, driveway or premises; signs controlling fishing or hunting on the premises; signs necessary for the regulation and control of traffic; street name signs; legal notices; and other signs authorized or erected by a duly constituted governmental body; such signs shall not exceed two square feet. G. Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization. Such signs shall not exceed eight square feet in area and shall be removed immediately upon completion of the campaign, drive or event. H. Permanent signs advertising the sale of agricultural products, other than temporary farm stand signs as provided for in ~ 234-68. Such signs shall be permitted as an accessory to a permitted Agricultural and Horticultural Use (Use A-1) or as part of a permitted Agricultural Sales Facility (Use A-4). Such sign shall not exceed 24 square feet. I. No sign in these districts shall be illuminated. ~ 234-70. Signs in the VC District and VC-1 District. No sign or other on-premises advertising device shall be permitted except as follows: A. All signs permitted in the Residential Districts at the standards prescribed for in these districts. B. Signs advertising permitted nonresidential uses, provided that for all signs to be viewed from outside any building, the following requirements shall apply. For any single use, only two of the three sign types listed below may be used. (1) Mounted sign. The total height of signs attached to or mounted onto the face of a building shall not exceed 20% of the building height. The total area of all signs attached to a building or to building windows shall not exceed 10% of the area of the building face to which said signs are attached. (2) Projecting signs. The permitted sign area may also include a projecting sign, provided that such sign does not project more than three feet from such wall or surface and any one side of such sign does not exceed six square feet and the bottom edge of such sign is at least eight feet above grade level. (3) Freestanding sign. Not more than one freestanding sign shall be placed on any premises held in single and separate ownership. The area of any one side of any freestanding sign shall not exceed 32 square feet. Height of a freestanding sign, measured from the mean elevation of the proposed finished grade at the foot of the sign to the highest point of the sign structure, shall not exceed 15 feet. C. Signs for buildings with multiple tenants. Uses which are comprised of multiple tenants within one building, other than a shopping center, may have no more than one freestanding directory sign for the building not exceeding 50 square feet in area and 15 feet in height. In addition, each individual establishment may have a mounted sign in accordance with ~ 234-70B(1). D. Illumination of signs. Signs in the Village Center District may be illuminated with external lights directed toward the sign. In order to maintain the village architectural character of the VC Districts, no internally illuminated signs shall be permitted. ~ 234-71. Signs in the I, LI and Q Districts. No sign or other on-premises advertising device shall be permitted except as follows: A. All signs permitted in the Residential Districts at the standards prescribed for in these districts. B. Signs advertising permitted uses, provided that for all signs to be viewed from outside any building, the following requirements shall apply: (1) Mounted sign. The total height of signs attached to or mounted on the face of a building shall not exceed 20% of the building height. The total area of all signs attached to or mounted on the face of a building shall not exceed 10% of the area of the building face to which said signs are attached. (2) Freestanding sign. Not more than one freestanding sign shall be placed on any premises held in single and separate ownership, unless such premise fronts upon more than one street, in which event one such sign may be erected on each street frontage. The area of any one side of any freestanding sign shall not exceed 50 square feet. Height of a freestanding sign, measured from the mean elevation of the proposed finished grade at the foot of the sign to the highest point of the sign structure, shall not exceed 15 feet. C. Signs for industrial or office parks (multiple tenants). Uses which are comprised of multiple tenants within one building, such as an office building or multiple buildings within an office or industrial park, may have no more than one freestanding directory sign for the building or park. In addition, each individual establishment may have a mounted sign in accordance with the regulations of ~ 234-71B(1). (1) Signs permitted for buildings or for industrial or office parks with 10 or more tenants: (a) One freestanding sign shall be permitted, which sign shall not exceed 75 square feet. (b) Such sign shall be erected only within the limits of the front yard of the property to which it pertains. (c) In no case shall signs be erected less than 100 feet apart. (d) Overall height of a freestanding sign and its supporting structure shall not exceed 15 feet. (2) Signs permitted for buildings or for industrial or office parks with fewer than 10 tenants: (a) One freestanding sign which shall not exceed 50 square feet per side and shall not exceed 15 feet in height. ~ 234-72. Signs permitted in C Districts. No sign or other on-premises advertising device shall be permitted except as follows: A. Mounted sign: one mounted sign or sign attached to the face of a building not exceeding 12% of the total wall surface or other vertical building surface including windows and doors of the building. Signs (except for exempt signs) painted on or affixed to the inside of the windows and doors shall be included in the computation of permitted sign area and shall not exceed 25% of the total window area. B. Freestanding sign. Not more than one freestanding sign shall be placed on any premises held in single and separate ownership. The area of any one side of any freestanding sign shall not exceed 60 square feet. Height of a freestanding sign, measured from the mean elevation of the proposed finished grade at the foot of the sign to the highest point of the sign structure, shall not exceed 15 feet. C. Freestanding sign for shopping centers. A freestanding sign shall be permitted for shopping centers, in accordance with the following regulations: (1) One freestanding sign shall be permitted for shopping centers with 10 or more stores which sign shall not exceed 60 square feet. (2) Such sign shall be erected only within the limits of the front yard of the property to which it pertains. (3) In no case shall signs be erected less than 100 feet apart. (4) Overall height of a freestanding sign and its supporting structure shall not exceed 15 feet. D. A row or series of adjoining signs to be placed upon a wall surface having a common roofline shall be of the same size, shape, general design and material so as to create uniformity among the series of signs. E. The sign or signs shall be consistent with the overall design of the commercial area and otherwise compatible with the rural residential nature of the township. F. Multiple tenants. Uses within the C Commercial District which are comprised of multiple tenants within one building, such as an office building or building containing retail and office uses, may have no more than one freestanding sign for the building. In addition, each individual establishment may have a mounted sign. (1) One freestanding sign shall be permitted for buildings which sign shall not exceed 50 square feet. (2) Such sign shall be erected only within the limits of the front yard of the property to which it pertains. (3) In no case shall signs be erected less than 100 feet apart. (4) Overall height of a freestanding sign and its supporting structure shall not exceed 14 feet. G. Temporary for sale or for rent signs and temporary signs of contractors, developers, architects or builders, provided that the area on any one side of such sign shall not exceed 32 square feet. Said signs shall be maintained on the premises to which they relate and shall be removed upon the sale or occupancy of the property or the completion of the work. [Added 5-11-1999 by Ord. No. 97] ~ 234-73. Directional signs permitted in all districts. Off-premises signs which are used for directing persons to principal uses in the township may be erected subject to the following additional requirements: A. A sign shall indicate only the name and direction of the principal use. B. Only one such sign shall be erected prior to each intersection turning movement necessary to reach such principal use. C. Such signs shall be located not more than 100 feet from intersecting street right-of-way lines. D. No more than two directional signs shall be erected in the township for any one principal use. F. Signs shall not exceed three square feet in area. F. Signs shall be no closer than 20 feet to a side lot line and shall not be located within the street right-of-way line. G. Height of signs, measured from the mean elevation of the proposed finished grade at the foot of the sign to the highest point of the sign structure, shall not exceed 10 feet. H. The applicant for the sign permit shall have the written permission of the property owner on whose property the proposed sign is to be located. ~ 234-74. Sign regulations applicable in all districts. The following requirements shall apply to all signs and other advertising devices: A. No sign or other advertising device with visible moving or movable parts or with flashing, animated or intermittent illumination shall be erected or maintained. B. No signs above the roofline shall be permitted. C. No sign or other advertising device shall be located within 20 feet of any side property line except for signs permitted in ~ 234-69A and F. D. No sign or other advertising device shall be located within any street right-of-way line except for official traffic signs and signals. E. Any sign located along the right-of-way of a state or federal highway shall comply with any more restrictive requirements of the state and federal government relating thereto. F. No sign shall be placed in such a position as to endanger traffic by obscuring view or by creating confusion with official street signs or signals because of position, color or reflective surface. G. Except in the case where a local right-of-way abuts a structure, no sign other than those of governmental authority shall be erected or maintained nearer to a street line or lot line than a distance equaling the height of the top of the sign. H. No portion of any freestanding sign shall be located closer to any front lot line than 1/2 the required yard for the district in which it is located. I. Only one sign of a permitted type for which a permit is required shall be erected on any one premises held in single and separate ownership unless such premises fronts on more than one street, in which case one such sign may be erected on each street frontage or in the case of a shopping center or other group development where one mounted or attached sign per business or office establishment shall be permitted. J. Every permitted sign must be constructed with durable materials, must conform with the requirements of the BOCA Building Code and must be kept in good condition and repair. Any sign which is allowed to become dilapidated may be removed by the township at the expense of the owner or lessee of the property on which it is located. K. Illuminated signs shall be so arranged so that the source of light is not visible from any point off the lot and that only the sign is directly illuminated. L. No sign shall contain information which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district on which the property to which the sign relates is located. M. No signs shall emit smoke, visible vapors or particles, sound or odor. N. No portable signs shall be permitted unless the Zoning Officer has been notified that such a sign will be used for a special sale or events and the dates of such events. Such signs may be used for periods not exceeding 14 days. The use of portable signs shall be limited to six times per calendar year for any one business establishment. O. Novelty signs, including but not limited to objects (such as tires, automobiles, food products, etc.), pennants, banners, flags, balloons and animated signs, shall be prohibited, except in conjunction with the opening of a new business, as permitted under ~ 234-68I as a temporary sign. P. Any sign which interferes with or imitates an official traffic sign, signal or device shall be prohibited. Q. No sign or any guy wire, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees, nor in such a manner as to interfere with any electric light, power, telephone or telegraph wires or supports thereof. R. No signs requiring permits may be painted, placed or in any way attached to any tree, telegraph, electrical, light or other utility pole on any street in the township. ARTICLE X ~ 234-75. Establishment and membership. A Zoning Hearing Board, consisting of three members appointed by resolution by the Board of Supervisors for overlapping terms of three years each, is established for the purposes of carrying out the functions of a Zoning Hearing Board as provided by law. Members of the Board shall be residents of the township and shall hold no other office in the township. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the township to serve as alternate members of the Board. An alternate shall be entitled to participate in all proceedings and discussions of the board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings when designated as a voting alternate and shall have all the powers and duties set forth in this act and as otherwise provided by law. Alternates shall hold no other office in the township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated unless designated as a voting alternate member. Appointments to fill vacancies shall be only for the unexpired portion of the term. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing. ~ 234-76. Organization of the Zoning Hearing Board. A. The Board shall elect a Chairman from its membership annually. For the conduct of any hearing and the taking of any action, the quorum shall be not less than a majority of all members of the Board, but the Board may appoint a hearing officer from its membership to conduct any hearing on its behalf, in accordance with the Pennsylvania Municipalities Planning Code, as amended. B. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate from the officially appointed alternate members as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates. C. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the township and laws of the commonwealth. Within the limits of funds provided by the Township Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. The Board shall keep full public records of its business, which records shall be the property of the township and shall submit a report of its activities to the Township Board of Supervisors as requested by the Board of Supervisors. D. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as alternate members, but in no case shall such compensation exceed the rate of compensation authorized to be paid to members of the Board of Supervisors. ~ 234-77. Persons entitled to initiate action before the Board and jurisdiction. Appeals under this section may be filed with the Board in writing by the landowner affected, any officer or agency of the township or any person aggrieved. Requests for a variance and for a special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudication in the following matters: A. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant to this chapter. B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. C. Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot. D. Appeals from a determination by a municipal engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance. E. Applications for variances from the terms of this chapter. F. Applications for special exceptions under this chapter. G. Appeals from the Zoning Officer's determination under Section 916.2 of the Pennsylvania Municipalities Planning Code, as amended. H. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relates to developments not involving applications for subdivisions or land developments, as defined by the Pennsylvania Municipalities Planning Code, as amended. ~ 234-78. Manner of initiating action before the Board. All action before the Board shall be initiated by a written application for hearing which shall be filed with the Zoning Officer. All applications shall be made on forms specified by the Board and no applications shall be accepted unless the same shall be fully and legibly completed and unless all exhibits and supplemental material required by the application shall be attached. ~ 234-79. Time limitations. Time limitations shall be in accordance with Section 914.1 of the Pennsylvania Municipalities Planning Code. ~ 234-80. Hearings. The Board shall meet to hear and consider such matters which shall properly come before it. All such meetings shall be open to the public. A. Notice. Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to all persons who shall own property within 500 feet of any property which shall be the subject of an application before the Board. In addition to the notice provided herein, notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. B. The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the Secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs. C. The hearing shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. D. The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decisions or findings by the Board and accept the decision or findings of the hearing officer as final. The Board shall render a written decision or written findings on the application within 45 days after the last hearing or, if such hearing is continued, within 45 days after said continued hearing. If the Board does not make a decision within 45 days after the hearing or continued hearing, it shall be deemed that such Board has decided in favor of the person or township official aggrieved or affected who is seeking relief, unless the applicant has agreed in writing or on the record to an extension of time. E. The parties to the hearing shall be the township, any person affected by the application who has made timely appearance of record before the Board and any other person including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose. F. The Chairman or Acting Chairman shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by parties. G. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. H. Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded. I. The Board or the hearing officer shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof. J. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. "Board" as used herein shall include the members of the Board as well as any secretary, clerk, legal counsel or consultant. K. The Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, this chapter or other rule or regulation shall contain a reference to the provisions relied on and the reasons why the conclusions are deemed appropriate in the light of the facts found. Where the Board fails to render the decision within the period required, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinafter provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in ~ 234-80L of this chapter. If the Board shall fail to provide such notice, the appellant may do so. Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. L. A copy of the final decision or where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him not later than the day following the date of the decision. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined. M. Appeals to the Court. Any person aggrieved by any decisions of the Board may, within 30 days after such decisions of the Board, file a written appeal to the Court of Common Pleas of Bucks County. Such appeals shall be made in accordance with the Pennsylvania Municipalities Planning Code (Act 247, as amended). ~ 234-81. Variances. The Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship on the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. A. The Board may grant a variance, provided that the following findings are made where relevant in a given case: (1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located; (2) That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. (3) That such unnecessary hardship has not been created by the appellant; (4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and (5) That the variance if authorized will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. B. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of this chapter. ~ 234-82. Special exceptions. Where this chapter has provided for stated special exceptions to be granted or denied by the Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. ~ 234-83. Additional factors to be considered. A. In passing upon applications for special exceptions and variances, the Board shall consider all relevant factors and procedures specified in other sections of this chapter, including Article IV, Use Regulations. In the case of an application for a special exception or a variance to the provisions of the Floodplain District, the Zoning Hearing Board shall consider the additional factors as specified in ~ 234-62 of this chapter. B. Special exceptions and/or variances shall only be issued after the Board has determined that the granting of such will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. ~ 234-84. Validity of ordinance; substantive questions. A. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provisions thereof which prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either to the Zoning Hearing Board in accordance with this article or to the Board of Supervisors, together with a request for a curative amendment in accordance with the provisions of this chapter. B. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map or any provisions thereof, who desires to challenge the validity on substantive grounds, shall first submit their challenge to the Zoning Hearing Board for a decision thereon. C. The submissions referred to in Subsections A and B above shall be governed by the criteria set forth in Section 916.1(c) of the Pennsylvania Municipalities Planning Code, as amended. D. The Zoning Hearing Board shall commence its hearing within 60 days after the request is filed unless the landowner requests or consents to an extension of time. E. Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the public. F. The challenge may be deemed denied under the conditions set forth in Section 916.1(f) of the Pennsylvania Municipalities Planning Code, as amended. G. Stay of proceedings. Upon filing of any proceeding and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or any agency or body and all official action thereunder, shall be stayed in accordance with Section 915.1 of the Pennsylvania Municipalities Planning Code, as amended. ~ 234-85. Procedure to obtain preliminary opinion. In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposes to build is free from challenge and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance of map will run by the procedure set forth in Section 916.2 of the Municipalities Planning Code (Act 247), as amended. ARTICLE XI ~ 234-86. Nonconforming uses, lots and structures. A. A nonconforming use is a use whether of land or of structure which does not comply with the applicable use provisions in this Zoning Ordinance or amendments heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendments. Such lawful uses in existence at the time of adoption of this chapter shall be deemed nonconforming uses and shall be regulated by the provisions of this article. B. A nonconforming structure or lot is a structure or lot which does not comply with the area, setback, yard, building height, location, size, impervious surface or other dimensional requirements of the Zoning Ordinance or amendments heretofore or hereafter enacted where such structure or lot complied with such regulations at the time the structure was constructed or the lot created. Such structures or lots shall be deemed nonconforming lots or structures and shall be regulated by the provisions of this article. ~ 234-87. Alteration or extension. A. A use or structure that does not conform with the setback, yard, building height or other dimensional requirements of the district in which it is located may be extended, provided that: (1) The extension conforms with all the dimensional requirements of this chapter and with all other applicable regulations of this chapter. (2) If the use or structure falls under Subsection B of this section, any change shall be subject to the provisions of that subsection. (3) A nonconforming structure may be extended by right along the building lines of the existing nonconformity so long as the expansion does not encroach into the front, rear or side yard with respect to which it is now conforming. [Added 11-9-1994 by Ord. No. 79] B. A use that does not conform to the use regulations of the district in which it is located may be extended, provided that: (1) The proposed extension shall take place only upon the lot or lots held in single and separate ownership at the time the use became nonconforming, even if it became nonconforming as the result of a zoning ordinance enacted prior to this chapter. (2) The proposed extension shall conform with the area, building height, parking, sign, impervious surface and other requirements of the district in which said extension is located. (3) Any increase in volume or area of the nonconforming use shall not exceed a maximum aggregate of more than 50% of such volume or area existent at the date the use became nonconforming under this or previous ordinances, during the life of the nonconformity. Uses that have reached their maximum expansion allowance under previous ordinances are not eligible for further expansion under this chapter. A structure which is nonconforming in terms of height shall not be extended to increase the height. ~ 234-88. Discontinued use. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter. ~ 234-89. Changes in nonconforming uses. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions: A. Such change shall be permitted only by special exception, under the provisions of this chapter. B. The applicant shall show that a nonconforming use cannot be reasonably changed to a permitted use. C. The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to: (1) Traffic generation and congestion including truck, passenger, car and pedestrian traffic. (2) Noise, smoke, dust, fumes, vapors, heat, odor, glare or vibration. (3) Waste disposal. (4) Appearance. ~ 234-90. Building destroyed. A nonconforming building or a building occupied by a nonconforming use which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use, provided that: A. The reconstructed building shall not exceed in height, area and volume the building destroyed except that extensions may be made as provided in ~ 234-88 hereof. B. Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption. ~ 234-91. Building condemned. A nonconforming building which has been legally condemned shall not be rebuilt or used for nonconforming purposes. ~ 234-92. Nonconforming signs. [Amended 2-13-2001 by Ord. No. 103] A. Any sign, sign board or advertising device existing at the time of the passing of the 1990 Zoning Ordinance that does not conform in use, location, height or size with the regulations of the district in which it is located shall be considered a nonconforming sign. B. A nonconforming sign may be refurbished, renewed or replaced under the following conditions: (1) The area dimensions of the renewed, refurbished or replaced sign, excluding any supporting framework, poles, bracing and/or roof, shall not exceed the area dimensions of the prior nonconforming sign area. (2) The renewed, refurbished or replaced sign, including its supporting framework, poles, bracing and/or roof, does not increase any nonconforming aspect of the prior sign and/or its supporting framework, poles, bracing and/or roof. (3) If the Township Engineer, local police and, on state highways, the Pennsylvania Department of Transportation, determine that the location of the sign, including its supporting framework, poles, bracing and/or roof, poses any traffic hazard, the sign shall be relocated to a safe location and/or its size and design shall be modified as recommended by the Township Engineer, local police and/or Pennsylvania Department of Transportation. ~ 234-93. Displacement. No nonconforming use shall be extended to displace a conforming use. ~ 234-94. Registration of nonconforming uses. The Zoning Officer may provide for the registration of all uses which are nonconforming under the terms of this chapter within a reasonable time after the effective date of the chapter. The record of nonconforming uses shall certify, after inspection, the extent and kind of use and disposition of the buildings and land. Upon notification, each occupant or owner of a premises used for nonconforming use shall make available such information as may be necessary to determine the extent and nature of the nonconforming use. ARTICLE XII ~ 234-95. Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Officer who shall be appointed by the Board of Supervisors. It shall be the duty of the Zoning Officer and he is hereby given the power and authority to: A. Receive all applications for zoning permits; issue permits when there is compliance with the provisions of this chapter, other township ordinances and with the laws of the commonwealth. B. Enforce the provisions of this chapter by the issuance of stop, cease or desist orders or by other means. Such written orders shall be served personally or by registered mail upon the persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. C. Receive applications for permits for construction and use which are a special exception to the requirements of this chapter and which shall be issued only upon order of the Zoning Hearing Board. D. Conduct investigations to determine compliance with the terms of this chapter. E. Institute civil enforcement proceedings as a means of enforcement when acting within the scope of his/her employment. F. Keep a permanent record of all plans and applications for permits and all permits issued with the notation as to special conditions attached thereto. G. Maintain a map or maps showing the current zoning classifications of all land in the township. H. Present such facts, records and any similar information to the Planning Commission, Zoning Hearing Board or Board of Supervisors upon their request. ~ 234-96. Zoning permit requirements. [Added 11-9-1994 by Ord. No. 79] A. A permit shall be required prior to the erection, construction, reconstruction, extension, moving or alteration of any building, structure or portion thereof and prior to the use or change in use of a building or land and prior to the change or extension of a nonconforming use. Permits shall not be required for alterations when there is no increase in floor area and there is no change in use; general maintenance work; painting; tilling soil; raising animals; constructing ponds; constructing steps or fences; landscaping; or driveway improvements. B. It shall be unlawful for any person to improve or use any lot, tract or parcel of land for any use other than one single-family residence, agricultural building and uses accessory thereto (as provided under ~~ 234-17A and D and 234-24A through H) without having first obtained land development approval or a waiver thereof; and no zoning permit or building permit shall be issued for such use until land development approval or a waiver thereof has been obtained pursuant to the provisions of Chapter 196, the Nockamixon Township Subdivision and Land Development Ordinance. C. Any erection, construction, reconstruction, alteration or moving of a building or other structure including a sign authorized by a zoning permit shall be commenced and any change in use of a building or land authorized by a zoning permit shall be undertaken within one year after the date of issuance of the permit. However, in the case of erection or construction of a building, the right to proceed with construction may be extended annually without payment of additional fees for an aggregate period of not more than three years, provided that the construction pursuant to said permit has commenced within the first one-year period. ~ 234-97. Zoning permit application. A. Applications for permits shall be made to the Zoning Officer on such forms as may be furnished by the township. Each application shall contain all information necessary for such official to ascertain whether the proposed erection, alteration, use or change of use complies with the provisions of this chapter. The Zoning Officer may require any of the following information to be provided: (1) Statement as to the proposed use of the building or land. (2) A site layout showing the location, dimensions and height of proposed buildings or uses and any existing buildings in relation to property and street lines. (3) The location, size, arrangement and capacity of all areas to be used for motor vehicles access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas. (4) The location, dimensions and arrangements of all open spaces, yards and buffer yards, including methods to be employed for any required screening. (5) Provisions to be made for treatment and disposal of sewage and industrial wastes, water supply and storm drainage. (6) The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of dwelling units per acre. (7) A description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards and other safety hazards. (8) Wherever the topography and vegetation are to be disturbed, a plan for the control or erosion and sediment and grading is required. It shall be unlawful to pave, fill, strip or change the existing grade of any land; and it shall be unlawful to disturb, modify, divert, block or affect the natural overland or subsurface flow of stormwater within the township without first securing a zoning permit. No permits shall be required for normal agricultural operations or where the area to be stripped does not exceed 1,000 square feet and where the grade change does not exceed six inches in any one area and all bare earth is properly seeded, sodded or otherwise protected from erosion. B. No permit for any new use or construction which will involve the on-site disposal of sewage and waste and no permit for a change in use or as an alteration which will result in an increased volume of sewage or waste to be disposed of on site shall be issued until a certificate of approval has been issued by the Bucks County Department of Health. C. No permit for any new use or construction which will involve the on-site water supply and no permit for a change in use or an alteration which will result in an increased water usage shall be issued until the requirements of Chapter 228, the Township Well Ordinance, have been met. D. Permits for junkyards. [Added 2-13-2001 by Ord. No. 103] (1) The Zoning Officer shall not issue a permit for any new use as a junkyard (G-10) until: (a) The Zoning Officer has received from the junkyard written documentation of the junkyard's means of disposal of anti-freeze, gasoline, oil and other fluids from any machinery, vehicles or parts thereof to be stored in the junkyard; (b) The Zoning Officer has received evidence of a contract between the junkyard operator and a facility approved by the Pennsylvania Department of Environmental Protection, providing for the disposal of such fluids or evidence that the Pennsylvania Department of Environmental Protection has approved of some other means of disposal; and (c) The Zoning Officer has conducted an inspection of the junkyard to ensure that it complies with the provisions of this Zoning Ordinance. (2) No permit for use as a junkyard (G-10) shall be issued for more than one year. A permit for a junkyard use may be renewed annually upon application by the junkyard operator and reauthorization by the Zoning Officer. Prior to renewal of a junkyard zoning permit, the junkyard operator shall submit to the Zoning Officer written documentation establishing that: (a) All fluids have been disposed of in the manner required by the zoning permit; (b) The fence or wall enclosing the junkyard is in good repair and neatly maintained; (c) All other requirements for the G-10 use are being met; (d) The junkyard is not in violation of any of the codified ordinances of the township or of any state or federal laws or regulations; and (e) No enforcement notices from any local, state or federal agency are outstanding against the junkyard. ~ 234-98. Issuance of permits and occupancy certificates. Zoning permits shall be granted or refused after a complete written application has been filed with the Zoning Officer, provided that nothing contained in this chapter shall be construed to require or empower the Zoning Officer to grant a permit approving construction on or use of land which has been subdivided into lots pursuant to a plan of subdivision, the plan and profile of which have not been approved by the Township Board of Supervisors and duly recorded, as required by law. Upon completion of the erection or alteration of any building or portion thereof authorized by a zoning permit and prior to occupancy and/or use, the holder of such permit shall notify the Zoning Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances and regulations. All applications with accompanying plans and documents shall become and be preserved as a public record, subject to the disposition of the Board of Supervisors. ~ 234-99. Fees. Fees for permits shall be paid in accordance with a Fee Schedule to be adopted by resolution of the Board of Supervisors and all such fees shall be paid into the township treasury. Each applicant for an appeal, special exception, variance or other requested action shall, at the time of making application, pay a fee, in accordance with the aforementioned Fee Schedule, for the cost of advertising, mailing notices and cost of stenographic services, as required by this chapter and the rules of the Zoning Hearing Board. ~ 234-100. Enforcement notices. A. If it appears to the township that a violation of this chapter has occurred, the township shall initiate enforcement proceedings by sending an enforcement notice as provided herein. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel and to any other person requested in writing by the owner of record. B. The enforcement notice shall state at least the following: (1) The name of the owner of record and any other person against whom the township intends to take action. (2) The location of the property in violation. (3) The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter. (4) The date before which the steps for compliance must be commenced and the date before which the steps must be completed. (5) That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time in accordance with procedures set forth in this chapter. (6) That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation. ARTICLE XIII ~ 234-101. Power of amendment. A. The Board of Supervisors may from time to time amend this chapter, including the Zoning Map. B. Proposals for amendment, supplement, change or modification or repeal may be initiated by the Board of Supervisors on its own motion, the Township Planning Commission or by petition by one or more owners of property to be affected by the proposed amendment. Any proposed amendment favorably acted upon shall be specifically found to be in accordance with the spirit and intent of the community development objectives of the Township Comprehensive Plan. ~ 234-102. Public hearings prior to amendment. A. Before voting on the enactment of any amendment, the Board of Supervisors shall hold a public hearing pursuant to public notice. Public notice shall be notice published once for two consecutive weeks in a newspaper of general circulation in Nockamixon Township. Such notice shall state the time and place of hearing, the particular nature of the matter to be considered at the hearing and the full text of the amendment or a brief summary setting forth the general provisions in reasonable detail. The first publication shall no more than 30 days and the second publication not less than seven days from the date of the hearing. Procedures relating to the publication, advertisement and availability of proposed amendments shall be in accordance with Section 610 of the Pennsylvania Municipalities Planning Code, as amended. If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the township at points deemed sufficient to the township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. B. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially or is revised to include land previously not affected by it, the Board of Supervisors shall hold another public hearing pursuant to public notice before proceeding to vote on the amendment. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Board of Supervisors shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. ~ 234-103. Submission to Township and County Planning Commissions. A. In case of an amendment other than one prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing in order to provide the Planning Commission an opportunity to submit recommendations. B. At least 30 days prior to the hearing on the proposed amendment, the Township Planning Commission shall submit the proposed amendment to the Bucks County Planning Commission for recommendations. C. Within 30 days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Commission. ~ 234-104. Proposals by curative amendments. A. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map, or any provisions thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916.1 of the Municipalities Planning Code (Act 247), as amended. The Board of Supervisors shall commence a hearing thereon within 60 days of the request as provided in Section 916.1 of the Pennsylvania Municipalities Planning Code, as amended. The curative amendment and challenge shall be referred to the Township Planning Commission and notice of the hearing thereon shall be given as provided by the Pennsylvania Municipalities Planning Code, as amended. B. Procedures for the public hearing as set forth on Section 609.1 of the Pennsylvania Municipalities Planning Code, as amended, shall be followed. C. If the township determines that its zoning ordinance or any portion thereof is substantially invalid, it shall follow the procedures as set forth in Section 609.2 of the Pennsylvania Municipalities Planning Code, as amended. ~ 234-105. Enforcement remedies. A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township, shall pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the township. B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment. C. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the township the right to commence any action for enforcement pursuant to this section. ~ 234-106. Causes of action. In case any building, structure, landscaping or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of any of the provisions of this chapter, the Board of Supervisors or, with the approval of the Board, an officer of the Board or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or use of land or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When such action is instituted by a landowner or tenant, notice of that action shall be served upon the township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given. ~ 234-107. Complaints of violations. Whenever a violation of this chapter occurs, any person may file a written complaint with the Zoning Officer in regard thereto. The Zoning Officer shall promptly investigate all complaints and make reports thereon to the Board of Supervisors. ~ 234-108. Appeals to Court. The procedures set forth in Article X-A of the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall constitute the exclusive mode for securing review of any decision rendered pursuant to this chapter or deemed to have been made under this chapter. |