Township of Upper Southampton, PA
Bucks County
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[1]:
Editor's Note: The Summary Table of Use Regulations is included at the end of this chapter.

§ 185-11 Applicability of regulations.

Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected or extended, and no building, structure or land shall be used or occupied, except for the purposes permitted in § 185-16, Table of Use Regulations.

§ 185-12 Permit required.

Uses permitted in § 185-16, Table of Use Regulations, shall require the issuance of a zoning permit as specified in Article IX prior to establishment or modification.

§ 185-13 Uses by right and special exception.

[Amended 9-20-2005 by Ord. No. 371; 6-16-2009 by Ord. No. 393]
A. 
A use listed in § 185-16 is permitted by right in any district under which it is denoted by letter "P," subject to such requirements as may be specified in § 185-16, and upon appropriate authorization as indicated in Article IX.
B. 
A use listed in § 185-16 is not permitted in any district under which it is denoted by the letter "N."
C. 
(Reserved)[1]
[1]:
Editor’s Note: Former Subsection C, which provided that a designation of "CU" in § 185-16 indicated a use permitted by grant of a conditional use, was repealed 6-16-2009 by Ord. No. 393.
D. 
A use listed in § 185-16 is permitted by the grant of a special exception in any district in which it is denoted by the letter "S," provided that approval is granted by the Zoning Hearing Board subject to the general requirements and standards of § 185-16 and § 185-85.

§ 185-14 Uses are subject to other regulations.

[Amended 6-16-2009 by Ord. No. 393]
Uses permitted by right or by special exception shall be subject in addition to use regulations, to such regulations of yards, lot size, lot width, building coverage, height, provisions for off-street parking and loading, and to such other provisions as are specified in other articles herein.

§ 185-15 (Reserved) [1]

[1]:
Editor’s Note: Former § 185-15, Preexisting conditional uses, was repealed 6-16-2009 by Ord. No. 393.

§ 185-16 Table of Use Regulations.

[Amended 12-1-1987 by Ord. No. 249; 10-4-1988 by Ord. No. 261; 5-2-1989 by Ord. No. 266; 11-19-1991 by Ord. No. 290; 1-21-1992 by Ord. No. 294; 8-11-1992 by Ord. No. 300; 9-2-1997 by Ord. No. 331; 3-18-2003 by Ord. No. 356; 10-21-2003 by Ord. No. 360; 9-20-2005 by Ord. No. 371; 2-6-2007 by Ord. No. 383; 10-2-2007 by Ord. No. 388; 6-16-2009 by Ord. No. 393; 10-1-2013 by Ord. No. 420]
Use regulations shall be as follows:
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AGRICULTURAL USES
(1) Animal husbandry The raising and keeping of live- stock and poultry with the intent of selling any livestock or poultry products. P N N N N N N N
(a) Minimum lot size shall not be less than five acres.
(b) No raising of garbage-fed pigs or the raising of minks will be allowed.
(c) No barns, animal shelters, or feed yards shall be located closer than 200 feet from any lot line.
(2) Kennel or stable Any lot on which four or more animals are kept, boarded, or trained, whether or not in special buildings or runways, including but not limited to dog and cat kennels, horse stables or riding academies, provided that: P N N N N N N N
(a) Minimum lot size shall not be less than five acres.
(b) No animal shelter or runs shall be located closer than 200 feet from any lot line.
(c) The minimum lot size for keeping of a horse or pony as a domestic pet shall be two acres.
(3) Crop farming The raising and keeping of field, truck and tree crops. P P P P P P P P
(4) Greenhouse Provided any goods sold in connection with such greenhouses are subject to the provisions of Use 60. N N N N P S N N
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RESIDENTIAL USES
(5) Detached dwelling unit P P P P S P N N
(a) Provided such dwelling is the only dwelling unit to occupy the parcel upon which it is to be located; and upon lots of less than one acre public sewage must be provided.
(b) In developments in any of the residential districts which exceed 10 acres in size, the performance standards of § 185-22, Table of Performance Standards as well as the Table of Dimen- sional Requirements shall apply, and an amount of open land shall be set aside as permanent open space in accordance with § 185-17.
(6) (Reserved)
(7) Cluster developments Planned development of detached dwelling units on lots with modified dimensional requirements, provided: S S S S N N N N
(a) The tract of land to be developed shall be 10 acres or more in size.
(b) Dimensional requirements and performance standards shall be in accordance with Article V of this chapter.
(c) An amount of open land shall be set aside as permanent usable open space in accordance with § 185-17.
(d) At least 30% of the lots in the development shall be directly contiguous to the area of permanent open space required in Subsection (c) above.
(8) Twin single N P P P N N N N
(9) Townhouses In addition to the dimensional requirements included in Article V, the following regulations shall apply: N P P P N N N N
(a) Lot area: A minimum of five acres is required for townhouses development.
(b) Density, impervious surface ratio, open space ratio shall be in accordance with §§ 185-17 and 185-22.
(c) Each townhouse dwelling unit shall incorporate varied designs, architectural modes and setbacks to avoid a development resembling "row houses," and shall contain not less than three nor more than six dwelling units joined by common walls.
(d) Special requirements:
[1] Municipal facilities: All townhouse dwelling units must be provided with public water and sewer facilities.
[2] Variation of design:
[a] An overall structure of townhouses shall not be permitted with one common roof line or with equal front yard setbacks for all of the buildings, shall have a distinction between dwelling units by varying the unit width or height, providing different exterior materials on the facade or changing the roof lines.
[b] Setbacks shall vary from one dwelling unit to the other so that each is offset from the adjoining unit by a minimum of two feet.
[3] Natural features to be retained: Existing natural features such as clusters of trees, brooks, creeks, streams, and drainage channels shall be retained wherever practicable. These features shall be identified and contained on the topography plan submitted with the preliminary plans of the townhouse development.
[4] Open space shall be in accordance with § 185-17.
(10) Duplex N P P P N N N N
(11) Twin duplex N P P P N N N N
(12) Garden apartments N N P P N N N N
(12A) Mid-rise and elderly mid-rise N N N P N N N N
(a) Lot area: In the R-5 District, a minimum of five acres with a width of not less than 300 feet at the building setback line and street line; in the R-6 District, a minimum of 10 acres with a width of not less than 100 feet at the building setback line and street line.
(b) Density, impervious surface ratio, open space ratio shall be in accordance with § 185-17 and § 185-22.
(c) Buffer yards: Along each side and rear property line which adjoins a residential district boundary, a buffer yard of 75 feet shall be provided. Such buffer yard shall meet the requirements of § 185-60.
(d) Building orientation: Facing walls are walls opposite to and parallel with one another and wall lines, or wall lines extended of opposite walls intersecting at angles of less than 65°. The minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls:
[1] In the R-5 Districts:
[a] Where two facing walls both contain a window or windows, there shall in no case be less than a seventy- five-foot separation.
[b] Between two facing walls, only one of which contains a window or windows, there shall be in no case less than a fifty-foot separation.
[c] Between two facing walls, neither of which contains a window or windows, there shall be in no case less than a thirty-foot separation.
[d] Between corners of two buildings where no exterior wall of one building lies in such a way that it can be intersected by a line drawn perpendicular to any exterior wall of other buildings (other than a line that results from colinear walls), there shall be no less than a twenty- five-foot separation.
[2] In the R-6 District, the minimum horizontal distance between facing walls of buildings on the site shall be 50 feet or the height of the taller building, whichever is greater, where both facing walls contain windows. Where one or neither facing building walls contains windows, the minimum distance shall be 50 feet.
(e) Recreation space: At least 10% of the open space shall be devoted to recreation space.
(f) In the R-6 District, for the purpose of applying special exceptions and reduced standards, an elderly mid-rise apartment is one subsidized by the federal, state, county or Township government in order to allow occupancy of all the dwelling units by families or individuals who qualify for such subsidized housing because of age and inadequate income or because they qualify therefor as handicapped persons.
(g) The owner of an R-6 elderly housing, mid-rise apartment shall file with the Township a notarized statement on January 1 of each year or at other times deemed necessary by the Board of Supervisors indicating the status of tenants with reference to qualification as elderly or handicapped. Occupation of the use by persons not qualifying as elderly or handicapped as defined in Subsection (12A)(f) shall constitute a violation of this chapter by the property owner.
(13) Rooming house N N P P P S N N
(a) A rooming house is a building or part of a building occupied by three or more roomers, boarders or lodgers, living as independent individuals, needing no assistance such as physical or custodial care.
(b) A roomer, boarder or lodger is a person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging, or board and lodging by prearrange- ment for a week or more at a time to an owner or renter or operator. Any person occupying such room or rooms and paying such compensation without pre- arrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger, but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
(c) The lot upon which such rooming house is located shall have a lot area of not less than 1,500 square feet for each person including staff. This require- ment shall be in addition to other lot area requirements of this chapter.
(13A) Mobile home park N P N N N N N N
(a) Minimum acreage: A proposed mobile home park development site shall have a minimum lot area of 15 acres.
(b) Performance standards: The density in a mobile home park shall not exceed the density of the R-4 District for detached dwelling units. The minimum open space ratio shall be 0.10 and the maximum impervious surface ratio shall be 0.25.
(c) Dimensional requirements: Dimensions shall conform with cluster provisions for the R-4 District as outlined in § 185-22, Table of Dimensional Requirements.
(d) Access: Provisions shall be made for safe and efficient circulation to and from public streets and highways serving the mobile home park development without causing interference or confusion with the normal traffic flow.
(e) Site drainage requirements: The ground surface on all parts of every mobile home development shall be graded and equipped to drain all surface water in a safe, efficient manner as approved by the Township Engineer.
(f) Mobile home development street system: All streets shall be constructed in accordance with the Township specifications applicable to public streets in conventional residential developments.
(g) Accessory uses: In addition to the accessory uses permitted in the R-4 District as outlined in § 185-16, mobile home parks shall permit one management office which shall conform to the dimensional requirements in § 185-22 for the RS District "All other permitted uses."
(13B) Family care home P P P P N N N N
Any facility providing residential services to persons residing in a residential facility wherein permanent care or professional supervision is present, subject to the following provisions:
(a) No more than five persons, plus the professional staff, shall occupy a family care home.
(b) The family care home shall be a "not for profit" facility and receive all required approvals and licenses from appropriate state and county agencies, and must comply in all respects with applicable provisions of the Township building and fire codes.
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RESIDENTIAL USES N
(13C) Family care home for substance abuse rehabilitation: Any facility providing residential and custodial services to persons requiring rehabilitation from substance abuse and who are not able to live without care or supervision provided by professionals trained to provide such care or supervision, subject to the following provisions: S N N N N N N N N
(a) No more than five persons, plus the professional staff, shall occupy a family care home for substance abuse rehabilitation.
(b) No parcel of ground upon which a group home for substance abuse rehabilitation is located shall be permitted within 3,000 feet of the nearest property line of any other parcel which is also used as a family care home for substance abuse rehabilitation or a family care home for disabled persons as defined in § 185-16, Use 13B, of this chapter.
(c) The family care home for substance abuse rehabilitation must be not for profit, receive all pertinent approvals and licenses from all appropriate state and county agencies, and must comply in all respects with applicable provisions of Township building and fire codes, and the state adopted NFPA, Life Safety Code § 101, regulating new and existing residential-custodial care facilities.
(d) The special exception shall not be transferable, and shall expire at the termination of the property as a family care home for substance abuse rehabilitation use.
(e) Installation of a minimum six- foot-high wooden fence on the property in accordance with § 185-45 of this chapter. Where fences are prohibited, a buffer planting shall be required in accordance with § 185-60D and § 185-60E of this chapter.
(f) The family care home for substance abuse rehabilitation shall not be located within 3,000 feet of any educational, religious, recreational or institutional use.
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INSTITUTIONAL USES
(14) Cemeteries A burial place or ground, a graveyard, including mausoleum, crematories and columbariums, provided: P N N N P P N N
(a) The minimum lot size shall not be less than two acres.
(15) Religious uses, including churches, synagogues, temples, religious foundations or societies with associated convents, parish houses and other housing for religious personnel, subject to the following: P P P P P P N N
(a) Minimum lot size shall not be less than two acres.
(b) Maximum height restrictions shall not apply to church buildings.
(c) Direct access to an arterial or collector highway shall be available.
(d) Complete detached buildings on the same lot shall be not less than 20 feet from one another.
(16) Schools, including religious and nonsectarian, denominational, private or public school, not conducted as a private gainful business, subject to the following provisions: P P P P P P N N
(a) Minimum lot size shall be not less than two acres.
(b) Direct access to an arterial or collector highway shall be available.
(c) Completely detached buildings on the same lot shall be not less than 20 feet from one another.
(17) Cultural facilities, including art galleries, auditoriums, libraries or museums, open to the public or connected with a permitted educational use, and not conducted as a private gainful business. P P P P P P N N
(18) Community center, adult education center, or other similar facility operated by an educational, philanthropic, or religious institution, subject to the following provisions: P P P P P P N N
(a) The use shall not be conducted as a private gainful business.
(b) No outdoor recreation area shall be located nearer to any lot line than that required front yard depth.
(19) Day nursery, nursery school, kindergarten, or other agency giving day care to children, whether or not conducted as a private, gainful business, subject to the following provisions: N S S S P P N N
(a) The use shall be conducted in a building compatible with the district.
(b) Outdoor play areas shall be sufficiently screened and sound-insulated so as to protect the neighborhood from noise and other disturbance.
(19A) Older adult daily living center: A facility giving day care to adults who are unable, without care, supervision and the continued assistance of others, to satisfy the need for nourishment, personal or medical care, shelter, and self protection and safety, subject to the following conditions: N N N N S S S N
(a) A license from the Pennsylvania Department of Aging in compliance with 6 Pa. Code, Chapter 11 — Older Adult Daily Living Centers, is required as a condition of zoning approval and prior to the issuance of an occupancy permit. A copy of the license shall be provided to the Township.
(b) The facility shall not provide any care between the hours of 9:00 p.m. and 6:00 a.m.
(c) An outdoor recreation area shall be provided with a minimum area of 50 square feet for each adult that the facility is licensed to accommodate. This outdoor recreation area shall be entirely enclosed with a minimum four-inch-high fence and shall be located no closer than 25 feet from any property line. It shall not be located in the front yard and it shall not include any driveways or parking areas.
(20) Public recreation facility owned or operated by an agency of the Township or other government. P P P P N P N N
(21) Private recreation facility not including facilities to a home or a development of dwelling units, subject to the following provisions: N N N N P P P P
(a) No outdoor active recreation area shall be located nearer to any lot line than the required front yard.
(b) Outdoor play areas shall be sufficiently screened and sound-insulated so as to protect the neighborhood from excessive noise and other disturbance.
(22) Private club, or lodge operated for members only and not for profit. N N N N P P N N
(23) Nursing home A nursing home, also commonly known as a convalescent home, is a licensed establishment which provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home; a hospital or sanitarium shall not be construed to be included in this definition; provided: N* N* N* N* P P N N
(a) A lot area of not less than five acres is provided.
(b) A lot area of not less than 2,000 square feet per patient is provided.
*NOTE: Permitted as a special exception if in addition to all other requirements of § 185-22, the following conditions are also satisfied:
(1) The use has a direct access to an arterial street as defined in § 185-31C(1)(b).
(2) The nursing home is solely for the use of persons residing in dwellings located on the same lot as the nursing home.
(24) Professional services, excluding abortion clinics and including but not limited to offices of physicians, lawyers, teachers, dentists, architects, engineers, insurance agents, opticians, and medical and related offices, which do not involve the actual storage, exchange, or delivery of merchandise on the premises. N N N N P P P N
(25) Business services limited to offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, computer services, utility companies, including other wholesale business services which are predominantly office oriented. N N N N P P P N
(26) Public services limited to governmental offices. N N P P P P P N
(27) Bank or other financial institution. N N N N P P P N
(28) Health services, excluding abortion clinics and limited to medical or dental offices, laboratories and clinics. N N N N P P P N
(28A) Abortion clinics subject to the following provisions: N N N N N S N N
(a) Such abortion clinics shall at all times be duly approved by the Pennsylvania Department of Health, and in compliance with the rules of all other regulatory agencies; and
(b) No activity on the premises shall be carried on in violation of a federal or Pennsylvania criminal law.
(29) Veterinary office or animal hospital defined herein as any building used by a veterinarian for the treatment, housing or boarding of small domestic animals such as dogs, cats, goats, rabbits, and birds or fowl, provided that: N N N N P P N N
(a) If only small animals are to be treated (dogs, cats, birds and the like) such hospital or office shall have a minimum lot area as specified in § 185-22.
(b) If large animals are to be treated (cows, horses, pigs and the like) such office or hospital may be located only in an RS District and shall have a minimum lot size of five acres.
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COMMERCIAL USES
(30) Shops and stores for the retail sale of antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, periodicals, stationery, tobacco, paint and wearing apparel and other similar uses but not including stores whose market is regional in nature or stores and shops selling pornographic materials. Such uses are subject to the outdoor storage requirements of Use 60. N N N N* P N N N
*NOTE: S for exclusive use of elderly multiple-family dwellings.
(30A) Stores and shops for the retail sale of furniture, carpeting, or other merchandise aimed at a regional market providing: N N N N S S N N
(a) The store is individual or freestanding.
(b) The retail use generates no more than four trips per 1,000 square feet of gross floor area in a twenty-four- hour period.
(c) The retail use employs no more than two employees per 1,000 square feet of gross floor area.
(d) The minimum lot size shall be three acres.
(e) The required setback shall be 100 feet from the streetline.
(f) The minimum frontage shall be 250 feet.
(30B) Stores and shops selling pornographic materials N N N N S N N N
(a) The use is located within a shopping center (Use 41) which center is on a site of three acres or more.
(b) The building or structure of such use shall be located no closer than 500 feet from any other building or structure having a residential, school, church, recreational, religious, institutional or educational use.
(c) No such use shall be located within 2,000 feet of a similar use.
(d) No materials sold within shall be visible from any window or door.
(e) No sale of pornographic material shall be made to persons under the age of 18 years.
(f) All signs for the use shall comply with Article VII of this chapter.
(g) All applications for this use shall comply with §§ 185-79 and 185-80 of this chapter.
(h) All pornographic material shall be stored behind the counter.
(30C) Stores and shops selling fireworks. Facilities engaged in the sale of consumer fireworks to out-of-state residents, as defined by the Pennsylvania Fireworks Law, when approved as a Special Exception, subject to all of the following conditions: N N N N N N S N
(a) The facility shall be licensed by the Department of Agriculture in accordance with licensing requirements established by the Commonwealth of Pennsylvania.
(b) The facility shall be a stand-alone building and shall be no larger that 12,000 square feet and no other uses shall be permitted in the building.
(c) Storage areas shall be separated by appropriately rated fire separation from wholesale and retail sales areas.
(d) The facility shall not be closer than 250 feet from any facility selling or dispensing gasoline, propane or other flammable product.
(e) The facility shall not be located closer than 250 feet from any other facility licensed to sell consumer fireworks.
(f) The facility shall not be located within 500 feet of any premises licensed by the Pennsylvania Liquor Control Board for the sale of alcoholic beverages.
(g) The facility shall not be located within 500 feet of any public recreational facility (Use 20), schools (Use 16) and/or day nursery/school (Use 19).
(h) The facility shall have a monitored burglar and fire alarm system and shall have quarterly fire drills conducted by the local fire company.
(i) The hours of operation shall be no earlier than 9:00 a.m. and no later than 10:00 p.m. prevailing time.
(j) The facility shall be served by public water and sewer.
(k) Off-street parking shall be provided in accordance with Article VI of this Zoning Ordinance.
(l) Storage of fireworks shall be permitted only as an accessory use to the sale of fireworks on the premises.
(m) Temporary structures, including but not limited to tents, canopies and/or travel trailers shall not be erected or used for the sale and/or storage of fireworks.
(n) The facility shall comply in all respects with the requirements and standards established by local, state and federal law and especially those established in the Fireworks Law, the Pennsylvania Construction Code Act and the Pennsylvania Uniform Construction Code Act as enacted and amended from time to time by the General Assembly of the Commonwealth of Pennsylvania.
(31) Personal services, including barber shop, beauty parlor, laundry or cleaning agency, self-service laundry and wearing apparel. N N N N* P N N N
*NOTE: S for exclusive use of elderly multiple-family dwellings.
(32) Repair services including shops for appliances, watches, guns, bicycles, locks, etc. N N N N P N N N
(33) Restaurant where the primary use is serving lunches and dinners to the public for consumption on the premises, subject to the following standards: N N N N P S N N
(a) A minimum lot area of three acres is provided.
(b) A minimum frontage of 250 feet on a collector highway as designated in the Comprehensive Plan is provided.
(c) All buildings will be set back 100 feet from all street and property lines.
(34) Drive-in type restaurants and fast-food service stands where the primary function is serving of sandwiches and fast foods for consumption on or off the premises subject to Subsections (a), (b) and (c) of Use 33. N N N N S S N N
(35) Trade or professional schools, music school or dancing school. N N N N P P N N
(36) Mortuary or funeral home N N N N P P S N
(37) Public entertainment facilities. An activity operated as a gainful business, open to the public for the purpose of public entertainment or recreation, including but not limited to bowling alleys, indoor motion-picture theaters, health clubs, video arcades, etc.; but not including outdoor facilities such as outdoor motion-picture theaters, golf courses, driving ranges, amusement parks; provided adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties must be taken by permitted uses. N N N N P N N N
(38) Gasoline service stations, including self-service types provided: N N N N S N N N
(a) Each lot shall have an area of not less than 55,000 square feet.
(b) Each interior lot shall have a width of not less than 250 feet. For a corner lot the minimum lot frontage shall not be less than 250 feet on each street.
(c) The front yard along each arterial street (Second Street Pike and Street Road) on which a lot abuts shall be not less than 60 feet measured from the right-of-way line of such arterial street, except as to gasoline pumps as provided in Subsection (h); the front yard along any other street on which a lot abuts shall be not less than 50 feet measured from the right-of-way line or proposed right-of-way line of the street. In the event that a proposed or future right-of-way line appears on a proposed plan of the Pennsylvania Department of Transportation or the Township of Upper Southampton for the widening of any streets or roads in the Township of Upper Southampton, the required front yard shall be measured from such proposed or future right-of-way line.
(d) Each lot shall have two side yards of not less than 25 feet each. On a corner lot the street side yard shall equal the required front yard for lots facing that street.
(e) Each lot shall have a rear yard of not less than 25 feet
(f) No building or structure shall be less than 100 feet from any residential zone.
(g) No building or structure shall exceed 30 feet in height.
(h) Gasoline pumps shall be set no less than 30 feet from the street right-of-way or proposed right-of-way line, and not less than 100 feet from any residential line.
(i) No gasoline service station shall be permitted within 1,000 feet of a church, public or parochial school, public library, public recreation area, or another gasoline service station.
(j) Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
(k) All open space except drives, parking stalls, and service areas shall be landscaped. The term "landscaping" shall include:
[1] The treatment and mainten- ance of open space with shrubs, trees, lawn or flowers to present an attractive, well-kept appearance.
[2] The retention of natural wooded areas. Landscaping may also include ornamental flagstone and brickwork.
(l) All activities not performed at the gasoline pumps shall be performed in completely enclosed buildings.
(m) Access regulations.
[1] Access shall be by not more than one driveway for each 100 feet of frontage on any street.
[2] No two of said driveways shall be closer to each other than 40 feet and no driveway shall be closer to a side property line than 10 feet.
[3] Each driveway shall be not more than 40 feet in width, measured at right angles to the center line the driveway, not including permissible curb return radii. The entire flare of any return radius shall fall within the right-of- way.
[4] No driveway shall be closer than 10 feet to the point of intersection of two property lines at any corner as measured along the property line, and no driveway shall cross such extended property line.
[5] On all corner properties there shall be a minimum distance of 50 feet, measured from the lot line, between any entrance or exit drive and the right- of-way line or proposed right-of-way line of the street which parallels said access drive, and a minimum distance of 40 feet from any adjoining property line.
[6] In all cases where there is an existing curb and gutter or sidewalk on the street, the applicant for a permit shall provide a safety island along the entire frontage of the property, except for the permitted driveways. On the two ends and street side of each island shall be constructed a concrete curb, the height, location, and structural specifications of which shall be approved by the Township Engineer. Maximum end minimum curb return radii permitted and minimum driveway approach angles to the center line of the street are required as shown on Figure 1.[1]
[7] Where there is no existing curb and gutter or side- walk, the applicant may at his option install such safety island and curb, or, in place thereof, shall construct along the entire length of the property line, except in front of the permitted driveways, a curb, fence, or pipe rail not exceeding two feet nor less than eight inches in height.
(n) Self-service operation. Self-service type gasoline pumps are permitted as either the sole type of pump at a station or in conjunction with attendant-served pumps, provided:
[1] Instructions for the operation of the dispensers shall be conspicuously posted on the dispenser or dispenser island. The following warning shall also be posted on each dispenser island:
"WARNING - IT IS UNLAWFUL TO DISPENSE GASOLINE INTO ANY PORTABLE CONTAINER UNLESS THE CONTAINER IS CONSTRUCTED OF METAL OR IS APPROVED BY THE FIRE MARSHAL."
[2] Other applicable provisions of the Pennsylvania State Police Fire Marshal's Code (Pa. State Police Regula- tions for the Storage, Handling, and Use of Flamm- able and Combustible Liquids, 1971, pursuant to Section I of P.L. 450 of April 27, 1927, as amended) shall be complied with.
(38A) Automobile repair and car wash facility The repair of automobiles except heavy trucks (those of 6,000 pounds GVW or more) or car washing facility, provided:
(a) All repair work shall be performed within an enclosed building. No body shop work or vehicle painting shall be permitted.
(b) Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
(c) All open space except drives, parking stalls and service areas shall be landscaped. The term "landscaping" shall include:
[1] The treatment and maintenance of open space with shrubs, trees, lawn or flowers to present attractive, well-kept appearance.
[2] The retention of natural wooded areas. Landscaping may also include ornamental flagstone and brickwork.
(d) Access regulations:
[1] Access shall be by not more than one driveway for each 100 feet of frontage on any street.
[2] No two of said driveways shall be closer to each other than 40 feet and no driveway shall be closer to a side property line than 10 feet.
[3] Each driveway shall be not more than 35 feet in width, measured at right angles to the center line of the driveway, not including permissible curb return radii. The entire flare of any return radius shall fall within the right- of-way.
[4] No driveway shall be closer than 10 feet to the point of the intersection of two property lines at any corner as measured along the property line, and no driveway shall cross such extended property line.
[5] All entrance and exit drives shall be located a minimum distance of 50 feet from the proposed or existing right-of-way line which parallels said access drive on all corner properties.
(38B) Truck repair and body shop. Truck repair garage and automotive body shop including paint spraying, body and fender work, provided: N N N N N N P N
(a) No building or structure shall be less than 100 feet from any residential zone.
(b) All repair and paint work shall be performed within an enclosed building.
(c) Buffer yards and screening shall be provided and maintained in accordance with § 185-60.
(d) All open space except drives, parking stalls and service areas shall be landscaped. The term "landscaping" shall include:
[1] The treatment and mainten- ance of open space with shrubs, trees, lawn or flowers to present attrac- tive well-kept appearance.
[2] The retention of natural wooded areas. Landscaping may also include ornamental flagstone and brickwork.
(e) Access regulations:
[1] Access shall be by not more than one driveway for each 100 feet of frontage on any street.
[2] No two of said driveways shall be closer to each other than 40 feet and no driveway shall be closer to a side property line than 10 feet.
[3] Each driveway shall be not more than 35 feet in width, measured at right angles to the center line of the driveway, not including permissible curb radii. The entire flare of any radius shall fall within the right-of-way.
[4] No driveway shall be closer than 10 feet to the point of intersection of two property lines at any corner as measured along the property line, and no driveway shall cross such extended property line.
[5] All entrance and exit drives shall be located a minimum distance of 50 feet from the proposed or existing right-of-way line which parallels said access drive on all corner properties.
(39) Sale of automotive accessories, parts, tires, batteries, and other supplies subject to the following additional provisions: N N N N P N N N
(a) Installation of parts shall be in an enclosed structure.
(b) Entry to the structure by vehicles for the purpose of installing parts shall not be taken from the front of the building.
(40) Tourist homes, motels and hotels A building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, subject to the following conditions: N N N N P S N N
(a) A lot area of not less than five acres shall be provided.
(b) The lot shall have direct access to a collector or arterial highway as designated on the Roads and Highways Map of the Comprehensive Plan.
(c) No building shall be located within 100 feet of any street or property line.
(41) Shopping centers Shopping centers are a cluster of commercial establishments, planned, developed, owned and managed as a unit and related in location, vehicular and pedestrian circulation, size and type of shops to the trade area that the unit serves, provided: N N N N P N N N
(a) A minimum lot area of five acres is required, except that three- acre tracts may be developed as shopping centers if they share access points with existing contiguous shopping centers.
(42) Automobile sales agency This use is subject to the following: N N N N S N N N
(a) A minimum lot area of three acres is provided.
(b) A minimum frontage of 200 feet on a collector or arterial highway is provided.
(c) A one-hundred-foot setback from all street lines residential is provided with no parking or storage permitted within the setback.
R-1 R-2 R-3 R-4 R-5 R-6 RS CC LI CI
TRANSPORTATION FACILITIES
(43) Parking area or garage is defined herein as a lot of record upon which the parking or storing of automotive vehicles is the primary use of said lot, provided: N N N N P P P P
(a) Such area will be used for parking of cars of employees, customers or guests of existing establishments in the same district where subject parking area is proposed.
(b) No sale, rental, service or repair operation shall be performed.
(c) Except in RS Districts, no charge shall be made for parking.
(d) Except in RS Districts, the parking or storage of vehicles shall not be located within a building or structure.
(e) The parking or storage of trucks or trailers shall not be permitted.
(f) All parking areas shall meet the design standards for off-street parking included in the Chapter 160, Subdivision and Land Development.
(44) Bus or taxicab terminal Any lot or tract of land which is utilized for the parking and/or storage of taxi cabs or buses utilized for a commercial purpose. N N N N P N N N
(45) Railroad station, railway express service N N N N P N N N
(46) Helistop Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging of passengers or cargo, subject to the following additional provisions: N N N N S S S S
(a) A minimum landing area of 10,000 square feet with each dimension being at least 100 feet, if a rooftop landing area, the minimum landing area shall be 40 feet by 40 feet.
(b) Excepting rooftop landing areas, the entire landing area to be surrounded by a fence at least six feet in height.
(c) No fueling, refueling, service or storage facilities shall be included.
(d) The proposed helistop will not adversely affect the adjoining land uses, the safety and welfare of nearby residents, nor the future growth and develop- ment of the area in which it is to be located.
R-1 R-2 R-3 R-4 R-5 R-6 RS CC LI CI
UTILITIES
(47) Communication facilities including telephone or telegraph exchange, radio or television broadcasting studio, but excluding transmitting towers and micro-relay towers. N N N N P P P P
(47A) Cellular telecommunications facility shall be permitted as a special exception when such essential communication facility complies with Subsections (a), (b), (c), (d), and (e) below. S S S S S S S S
(a) Requirements for all zoning districts. A cellular telecommunications facility shall comply with all of the following requirements regardless of the zoning district:
[1] The location of the cellular telecommunications facility and equipment shall comply with all natural resource protection standards of this chapter.
[2] The following buffer plantings shall be located around the perimeter of the cellular telecommunications facility fence:
[a] An evergreen screen shall be planted that consists of a row of evergreen trees, with a minimum height of six feet, at time of planting, and shall be planted six feet on center, in a staggered arrangement, in order to provide an immediate screening effect.
[b] Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
[3] An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
[4] The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E manual, as amended.
[5] A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires if used.
[6] Towers and antennae shall be designed to withstand wind gusts of at least 100 miles per hour.
[7] An antenna may not be located on a building or structure that is listed on a historic register, or is in a historic district.
[8] The applicant shall demonstrate that the tower and/or antennae for the telecommunications facility is the minimum height necessary for the service area.
[9] The applicant shall also demonstrate that the location and height of the cellular telecommunications facility are necessary for the service of the company's system.
[10] The applicant shall present documentation that the tower and antennae are designed in accordance with standards cited in this ordinance for cellular telecommunications towers and antennae.
[11] The applicant shall demonstrate that the proposed tower complies with all state and federal laws and safety regulations including but not limited to aviation, engineering and mechanical regulations, etc.
[12] The applicant shall demonstrate that the telecommunications facility must be located where it is proposed in order to serve the applicant's service area and that the location is the best possible site.
[13] Where the telecommunication facility is located on a property with another principal use, the applicant shall present documentation that the owner of the property has guaranteed an easement for the proposed facility and that vehicular access is provided to the facility.
(b) Requirements for LI Zoning District. In addition to the requirements of Subsection (a) above, a cellular telecommunications facility located in an LI Zoning District shall comply with the following requirements:
[1] Sole use on a lot: A cellular telecommunications facility is permitted as a sole use on a lot subject to the following:
[a] Minimum lot size: one acre
[b] Minimum yard requirements: 40 feet front yard setback, 20/40 foot side yard setback and twenty- foot rear yard setback.
[c] Maximum height, tower: 150 feet. Maximum height, equipment building: 10 feet.
[2] Combined with another use: A cellular telecommunica- tions facility is permitted on a property with an existing use subject to the following conditions:
[a] The existing use on the property may be a permitted use in the district or any existing lawful nonconforming use, and need not be affiliated with the cellular telecommunications provider.
[b] The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
[c] Minimum lot area: The minimum lot area shall be the area needed to accommodate the tower (guy wires if used), the equipment building, security fence and buffer planting. If the title to the land on which the cellular tele- communications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
[d] Minimum setbacks: The tower and tele- communications equipment building shall comply with the minimum setback requirements for the host lot.
[e] Access: The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
[f] Maximum height, tower: 150 feet. Maximum height, equipment building: 10 feet.
[3] Combined with an existing structure: Where possible, antennae for a cellular telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
[a] Maximum height: 50 feet above the existing building or structure.
[b] If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
1) The building shall comply with the minimum setback requirements for the subject zoning district.
2) An eight-foot-high security fence shall surround the building.
3) A buffer yard shall be planted in accordance with Section (2)(A)(2)(a) above
4) Vehicular access to the building shall not interfere with the parking or vehicular circula- tion on the site for the principal use.
[c] Elevations of existing and proposed structures showing width, depth, and height, use statistical data on the antenna and existing support structure shall be presented.
(c) Requirements for all zoning districts except LI Zoning District. In addition to the requirements of Subsection (a) above, a cellular telecommunications facility located in zoning districts other than the LI Zoning District shall comply with the following requirements:
[1] General: The cellular telecommunications facility shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance.
[2] Combined with a non- residential use: An antenna may be attached to a nonresidential building or a structure that is a permitted use in the district, including, but not limited to, a church, a municipal or governmental building or facility, agri- cultural building, and a building or structure owned by a utility. The following conditions shall be met:
[a] Maximum height: 20 feet above the existing building or structure.
[b] Whenever possible, the antenna will be cloaked, camouflaged or concealed.
[c] Except for concealment purposes, no other separate structure shall be erected in conjunction with an antenna.
(d) Preexisting cellular telecommunications facility. Any cellular telecommunications facility existing on the effective date of this chapter which is classified as requiring a special exception in that district in which the land occupied by the use is located shall be deemed to have been granted a special exception subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall require a special exception permit as provided in Article IX.
(e) Abandonment of cellular tele- communications facility. If use of a tower, antenna and/or tele- communication facility is dis- continued for a period of one year it will be deemed to have been abandoned and shall be completely removed at the expense of the owner(s).
(48) Supply utilities including water supply works and storage and electric substations plus necessary rights-of-way and transmission lines, provided: S S S S S S S S
(a) Except in RS and CC Districts, no public business office shall be operated in connection with such use.
(b) In no district shall any storage yard or storage building be operated in connection with such use unless such storage facility is essential to service customers in the district in which it is located.
(c) All transmission lines shall be underground.
(d) A seventy-five-foot buffer yard shall be provided along all property lines.
(49) Sanitary utilities including sewerage works, sewage pumping station, plus associated collection lines and rights-of-way, provided such facilities are intended to serve primarily the residents of Upper Southampton Township, but not including refuse dumps, incinerators or sanitary landfills. P P P P P P P P
(50) Fire station P P P P P P P P
R-1 R-2 R-3 R-4 R-5 R-6 RS CC LI CI
INDUSTRIAL USES
(51) Wholesale business and storage, provided: N N N N P P P P
(a) In RS and CC Districts such uses shall be restricted to offices only.
(b) In LI Districts the storage provisions of Use 52 are met.
(c) In CI Districts, no outdoor storage is permitted.
(52) Warehousing, not including outdoor storage in CI Districts, and in LI Districts only when the provisions of Use 60 are met. N N N N N N P P
(53) Manufacturing, including the production, processing, cleaning, printing, testing and distribution of materials, goods, foodstuffs and other products, provided in CI Districts such manufacturing shall be limited to the manufacturing, processing, or assembling of electronic instruments and devices, radios and phonographs, medical and surgical instruments, optical products, pharmaceuticals, toiletries, jewelry, mechanical instruments and other similar small parts and products. N N N N N N P P
(54) Laboratory for research, testing or experimentation N N N N N P P P
(55) Contractors' offices with storage, including building, cement, electrical, heating, plumbing, masonry, painting and roofing contractors, provided the storage provisions of Use 60 are met. N N N N N N P N
R-1 R-2 R-3 R-4 R-5 R-6 RS CC LI CI
ACCESSORY USES
(56) No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity administered or conducted as an accessory use must satisfy the following requirements: P P P P N N N N
(a) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b) The business shall employ no employees other than family members residing in the dwelling.
(c) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f) The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(g) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h) The business nay not involve any illegal activity.
(i) The right to operate a no-impact home-based business shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
(57) Residential accessory building or structure or use, including but not limited to: P P P P N N N N
(a) Parking spaces.
[1] Parking spaces for the parking of passenger automobiles.
[2] Parking spaces for the parking of commercial vehicles, provided that all of the following conditions are met:
[a] Only one commercial vehicle is permitted per property; and
[b] The commercial vehicle does not exceed a registered permitted gross vehicle weight of 10,000; and
[c] The commercial vehicle is needed for travel to and from work by one of the residents living in the principal building; and
[d] The commercial vehicle is not loaded with materials, supplies or equipment that are visible to the public; and
[e] The commercial vehicle must be parked on a macadam or concrete driveway.
[3] Parking of trailers used for business purposes is prohibited. A "trailer" is defined as a licensed vehicle without power, designed to carry property and to be drawn by a motor vehicle.
(b) Structures such as fences, walls, private swimming pools, and greenhouses.
(c) Buildings such as storage sheds, bath houses and private greenhouses.
(d) Professional offices shall not be considered home occupations except under the following conditions:
[1] No clients shall be received on a regular basis.
[2] No signs or advertising on the premises.
[3] No structural alterations made to the premises to accommodate the professional office.
(57A) Residential accessory building or structure for use as personal care units: P N N N N N N N
Where a multiple-family dwelling or dwellings have been legally constructed under the terms of this chapter or prior ordinances, a building or buildings may be authorized on the same tract as an accessory building, structure or use containing personal care units, provided that the occupants thereof shall be limited to persons who are or formerly were residents of the multifamily dwelling or dwellings, provided:
(a) Any building or structure shall not exceed two stories in height.
(b) Any building or structure shall be set back not less than 100 feet from all public roads.
(c) The minimum open space ratio and maximum impervious surface ratio of the tract shall not thereby exceed those set forth in § 185-22, Table of Performance Standards, for multifamily dwellings in the R-6 District.
(d) The density shall not exceed one personal care unit per 17 apartment units on the tract.
(e) If appropriate, the Board of Supervisors may require additional landscaping to buffer the proposed use from the roads and adjacent properties.
(f) The building orientation shall be as set forth in Use 12, multifamily dwelling, Subsection (d), for the R-6 District.
(57B) Earth station for satellite communication: A structure defined for purposes of this chapter as a parabolic ground based or mountable reflector, together with its ped- estal and any other attachments and parts thereof, commonly referred to as a dish antenna, used or intended to receive radio or electromagnetic waves from an overhead satellite shall be permitted subject to the following regulations. This use shall in no event be construed to permit as an accessory use or structure, an earth station for satellite communication used or intend to be used for the prop- agation or transmission of radio electromagnetic waves, such uses being regulating above pursuant to Use 47, community facility. Earth stations shall be permitted and may be erected, provided that: P P P P P P P P
(a) There is strict compliance with all dimensional requirements set forth in Article V of this chapter except as otherwise provided for herein. No earth stations shall be permitted in any front or side yard area.
(b) No more than one earth station shall be permitted on any lot.
(c) The diameter or longest straight-line distance between any two points on the perimeter of any earth station shall not exceed nine feet.
(d) The total dimensional height of any earth station including base and mounting structure shall not exceed 10 feet.
(e) When roof-mounted, the earth station shall be not mounted upon chimneys and shall be subject specifically to the provisions of Article V, § 185-42 of this chapter, provided that nothing therein contained shall be construed to increase the dimensional restrictions set forth in Subsections (c) and (d) above.
(f) When mounted other than upon a roof, including the ground, the earth station shall be visually screened, the design of which shall be subject to the approval of the Zoning Officer.
(g) There shall be strict compliance with the Upper Southampton Township Building Code and all other applicable laws, statutes, and regulations of the United States, Commonwealth of Pennsylvania, County of Bucks and the Township of Upper Southampton.
(h) Prior to the erection of any earth station, a zoning permit shall be obtained pursuant to the provisions of Article IV, § 185-12, of this chapter.
(58) Accessory uses clearly incidental to, and customary to and commonly associated with, the principal uses permitted in LI and CI Districts: N N N N N N P P
(a) Retail uses incidental to and in support of any permitted principal uses such as cafeterias, soda or dairy bars, and shops on the same tract as the principal use. Any such use shall be conducted solely for the convenience of employees, shall be wholly within the building containing the principal uses; and shall have no exterior advertising display.
(b) Distribution and storage activities not involving a retail activity on the premises and enclosed within a building.
(c) Recreational facilities solely for the use of employees and their families.
(59) Accessory buildings or structures, or uses customarily incidental to the uses permitted in RS, CC, CI and LI Districts with the exception of outdoor storage: N N N N P P P P
(a) Such accessory uses are provided in conjunction with a permitted primary use.
(b) Any accessory use to a use permitted only by special exception shall be established only if and as provided in such special exception.
(60) Outside storage or display. Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use; subject to the following additional provisions: N N N N P P P P
(a) 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 or display.
(b) Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c) Outside storage and display areas shall be shielded from view from the public streets or adjacent residential districts.
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provision of Subsections (b) and (c) above when granted as a variance by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
(d) No more than 25% of the lot area shall be used in outdoor storage or display.
(e) In particular, uses appropriate for consideration under this provision include but are not limited to greenhouses (Use 4). Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores (Use 30), repair shops for appliances (Use 32), gasoline service stations (Use 38), sale of automotive accessories (Use 39), Wholesale business (Use 51), warehousing (Use 52), manufacturing (Use 53), and contractor offices and shops (Use 55).
(61) Temporary structure or use for construction purposes. A temporary permit may be issued for structures or uses necessary during construc- tion subject to the following additional provisions: P P P P P P P P
(a) The life of such permit shall not exceed six months. It may thereafter be renewed for three- month periods until completion of construction.
(b) Temporary use shall be only for those purposes authorized by the Zoning Officer.
(c) Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.
(62) Drive-in stand not exceeding 400 square feet of gross floor area for the sale of farm, nursery, or greenhouse products produced on the premises where offered for sale, provided: P P P P N N N N
(a) The stand shall not be nearer than 50 feet to any intersec- tion.
(b) The stand shall be of temporary construction but shall be maintained in good condition.
(63) Travel trailers and recreational vehicles, storage of, subject to the following provisions: P P P P N N N N
(a) In all districts no more than one travel trailer or one recreational vehicle shall be stored on a lot.
(b) Such travel trailers shall be owned by the occupant of the lot upon which the travel trailer is stored.
(c) Such travel trailers must be unoccupied.
(d) The provisions of outside storage included in Use 60 must be complied with.
(e) Subsections (a) and (b) above shall not apply to the storage of trailers as a permitted principal use.
(63A) Commercial trailer, storage use, subject to the following provisions: N N N N P P P P
(a) A permit may be issued by the Board of Supervisors for use of a commercial trailer for storage purposes subject to the following provisions:
[1] The life of such a permit shall not exceed three months, renewable at three- month intervals from date of expiration of permit.
[2] Trailer to be parked in such a manner so that no other provisions of this chapter or any other Township ordinance will be violated.
[3] For purposes of interpreta- tion, commercial trailers are to be considered "structures."
[4] The provisions of outside storage included in Use 60 must be complied with.
[1]:
Editor's Note: Figure 1, Street Road or Second Street Pike, RS ZOne, is included at the end of this chapter.

§ 185-16.1 OPAS Off-Premises Advertising Sign District.

[Added 11-18-2003 by Ord. No. 361]
A. 
Establishment of District. The Upper Southampton Zoning Chapter and Map are hereby amended by the creation an overlay zoning district known as the "OPAS Off-Premises Advertising Sign District."
B. 
Location of District. The OPAS Off-Premises Advertising Sign District is identified and comprised of all properties or portions thereof within 75 feet on both sides of the Pennsylvania Turnpike right-of-way that are located in a LI limited Industrial or RS Retail Sales District.
C. 
Permitted use. An off-premises advertising sign, also known as "billboards," shall be permitted in the OPAS Off-Premises Advertising Sign District subject to the following requirements:
(1) 
Size of sign; limitations. The size of the sign may not exceed 300 square feet per side with a maximum width of 30 feet and a maximum height of 10 feet. The sign shall have no animated, revolving, flashing or protruding features or sound effects.
(2) 
Height and location of sign. The maximum height of the off-premises advertising signs shall be the minimum necessary in order for the sign to be reasonably viewed by the intended motorists and in no event higher than 35 feet measured to the top of the sign. Off-premises advertising signs shall be located no closer than 20 feet from any property line, excluding the Pennsylvania Turnpike. Off-premises advertising signs shall be located as close to the ultimate right-of-way of the Pennsylvania Turnpike as possible.
(3) 
Spacing. Off-premises advertising signs may not be located closer than 500 feet from any street or road measured from the ultimate right-of-way of such street, excepting the Pennsylvania Turnpike. Off-premises advertising signs may not be located closer than 1,000 feet from another off-premises advertising sign measured linearly along each side of the OPAS Zoning District. All off-premises advertising signs shall be directed cowards traffic on the Pennsylvania Turnpike.
(4) 
Lighting. Lighting for the off-premises advertising sign is permitted, provided the light is restricted from shining onto or is visible from other properties located within the Township. Such lighting shall cease at 12:00 midnight to sunrise. Lighting fixtures must be placed above the sign and aimed downward rather than at the bottom of the sign aimed upward toward the sky. All lighting fixtures must be aimed and controlled so as to place their light output only on the face of the sign and not projected past the sign.
(5) 
Lot size. The minimum lot size for a property on which an off-premises advertising sign may be located is 20,000 square feet.
(6) 
Maintenance of sign. All signs shall be structurally sound and maintained in good condition. If the signs are not structurally sound or are in poor condition, the signs shall be immediately removed.
(7) 
Landscaping. Landscaping shall be provided at the base of all off-premises advertising signs in order to shield from view the base, structural elements and foundation of the sign. Trees and shrubberies as shall be used as follows:
(a) 
Five evergreen trees which shall be five feet to six feet in height shall be planted within a forty-foot radius on the sides and rear of the base of the sign.
(b) 
Four flowering trees which shall be eight feet to 10 feet in height shall be planted within a fifty-foot radius on the sides and rear of the base of the sign.
(c) 
One shrub which shall be three feet to four feet in height per three lineal feet of frontage or 40 shrubs, whichever is greater, shall be planted in front of the sign.
(8) 
Plans required. Applicant shall submit all applications and plans required by § 185-75, of the Upper Southampton Zoning Chapter and a landscaping plan referred to in Subsection C(7) above.
D. 
Additional regulations. All off-premises advertising signs shall comply with any and all applicable zoning regulations not specifically established herein and any and all Township, state and/or federal regulations, especially the Upper Southampton Building Code,[1] Pennsylvania Turnpike Commission regulations and the Pennsylvania Department of Transportation regulations.
[1]:
Editor's Note: See Ch. 56, Building Construction.
E. 
Interpretation. For the purposes of interpretation of this § 185-16.1, the area of any property which immediately abuts and adjoins the Pennsylvania Turnpike shall not be considered as a front yard.

§ 185-16.2 TCAA Town Center Active Adult Overlay District.

[Added 12-18-2012 by Ord. No. 418]
A. 
Establishment of district. The Upper Southampton Township Zoning Ordinance and Map are hereby amended by the creation of the Town Center Active Adult Overlay District (hereafter "TCAA") within the RS Retail Service Zoning District in the areas shown on the plan attached hereto and marked as Exhibit A.[1]
[1]:
Editor's Note: Said plan and Exhibit A are on file in the Township offices.
B. 
Designating TCAA District developments. Any property owner who desires to develop and use property as a TCAA community shall designate the properties for such use on the record plan that is required by the Upper Southampton Township Subdivision and Land Development Ordinance.[2] A note restricting the use of the property as a TCAA community shall be added to the record plan.
[2]:
Editor's Note: See Ch. 160, Subdivision and Land Development.
C. 
Use. If a property is developed as a TCAA community, the following regulations and requirements shall apply:
(1) 
Use regulations.
(a) 
Types of housing permitted.
[1] 
All dwelling units in a TCAA community shall be used for residential uses only and specifically limited to following types of housing:
[a] 
A dwelling having two or more dwelling units, not having independent outside access and not having party walls forming a complete separation between individual dwelling units; or
[b] 
A dwelling having more than two dwelling units, each independent from ground to roof, with separate outside access, and each sharing all or a portion of at least one wall with another unit.
[2] 
The dwellings may not be used for any other uses otherwise permitted in the RS Retail Service District.
(b) 
At least one of the residents, tenants, and/or lessees of each unit located in a TCAA community shall be 55 years of age or older. A declaration in accordance with the Federal Fair Housing Act[3] and Pennsylvania State Human Relations Act[4] and any other applicable regulations shall be recorded against the property creating this restriction.
[3]:
Editor's Note: See 42 U.S.C. § 3601 et seq.
[4]:
Editor's Note: See 43 P.S. § 951 et seq.
(c) 
Dwellings located within a TCAA community may be privately owned and/or leased. All residents must meet the age and other restrictions established herein.
(d) 
The owner or community association of a TCAA community shall file with the Township a notarized statement on January 1 of each year, or at other times deemed necessary by the Board of Supervisors, indicating the status of tenants with reference to qualification as elderly. Occupation of the use by persons not qualifying as elderly as defined herein shall constitute a violation of this chapter by the property owner.
(2) 
Bulk regulations.
(a) 
Lot area. A minimum of two acres but no more than four acres and a lot width of not less than 100 feet at the building setback line or street line shall be required; provided, however, that if a property has frontage on more than one street, the lot width on one of the frontages may be reduced to 50 feet if such portion of the property is being used as a point of ingress and egress to the development.
(b) 
The density, impervious surface ratio and open space ratio shall be in accordance with §§ 185-17 and 185-22 of the Upper Southampton Zoning Ordinance.
(c) 
Buffer yards. Along each side and rear property line which adjoins a residential district boundary, a buffer yard of 75 feet shall be provided, except in the TCAA Overlay, where the requirements of § 185-60 shall be met.
(d) 
Building orientation. Facing walls are walls opposite to and parallel with one another and wall lines, or wall lines extended of opposite walls intersecting at angles of less than 65°. The minimum horizontal distance between two facing walls of any two buildings on one lot or any one building with facing walls in the TCAA Overlay District shall be as follows:
[1] 
The minimum horizontal distance between facing walls of buildings on the site shall be 40 feet where both facing walls contain windows.
[2] 
Where one or neither facing building walls contains windows, the minimum distance shall be 25 feet.
(e) 
Recreation space. At least 10% of the available open space shall be devoted to recreation space. If adequate open space is not available, the Board of Supervisors in the exercise of its sole discretion may accept a contribution from the applicant to the Township Open Space and/or Parks and Recreation Fund as referenced in § 185-22.
(3) 
TCAA developments must comply with all other applicable regulations set forth in the Upper Southampton Township Zoning Ordinance, which shall apply to the development of the properties as TCAA communities.

§ 185-17 Open space.

[Amended 1-21-1992 by Ord. No. 294]
A. 
The following forms of ownership, at the discretion of the Board of Supervisors, shall be used to preserve, own or maintain open space:
(1) 
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the State Condominium Law (Unit Property Act of 1963).[1] All open space land shall be held as a "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section and then only when there is no change in the open space ratio.
[1]:
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2) 
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all the provisions of the homeowners' association set forth in the Pennsylvania Municipalities Planning Code.[2]
[2]:
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
Fee simple dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided that: such land is freely accessible to the public, there is no cost involved, and the Township agrees to and has access to maintain such lands.
(4) 
Dedication of development rights. The Township or the county may accept, but shall not be required to accept, title to the development rights to any portion or portions of the open space. In such cases the land remains in the ownership of the individual while the development rights are held in public ownership. The county shall accept ownership only in accordance with the provisions of Act 442 and county plans. The Township may accept such lands as it sees fit. In either case there shall be no cost for acquisition or maintenance to the county or Township.
B. 
Such open space shall be suitable for use as a park, playground, pedestrian accessway, school, or other similar public purpose, or because of its topography, vegetation, or other natural character be left open with no particular use assigned to it.
C. 
Open space shall comply with the Table of Performance Standards set in § 185-22.
D. 
Fee in lieu of dedication/reservation.
(1) 
The Board of Supervisors may, at its sole discretion, determine that because of the size, shape, location, access, topography, soils or other features of the land, it is impractical to dedicate open space land to the Township or to set aside land for such purposes within a subdivision. In such cases the Board of Supervisors shall require the payment of a fee in lieu of dedication (or reservation) of such open space land.
(2) 
The fee schedule for the open space land alternative shall be based upon the total number of proposed dwelling units and the type of such dwelling to be constructed within each subdivision. The fee provision for each type of dwelling unit shall be initially established by the Board of Supervisors by resolution. Such fee provisions may be changed from time to time by the Board of Supervisors.
(3) 
All moneys paid to the Township pursuant to this section shall be used only for the purpose of providing and maintaining park and recreation facilities. Fees shall be deposited and administered in accordance with the Pennsylvania Municipalities Planning Code, as amended.

§ 185-18 Homeowners' association or condominium ownership of open space.

A. 
Homeowners' association. A homeowners' association or condominium will be required if other satisfactory arrangements have not been made for improving, operating and maintaining common facilities including streets, drives, service and parking area and recreation areas. When required, the homeowners' association or condominium must be established by the developer and all property owners must be members of said association in accordance with the requirements and procedures outlined in the Pennsylvania Municipalities Planning Code[1] or State Condominium Law.[2]
[1]:
Editor's Note: See 53 P.S § 10101 et seq.
[2]:
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B. 
In the event that the Township refuses the offer of dedication of all or parts of such land, prior to the issuance of any permits, arrangements shall be made to convey same to a duly constituted association of property owners under terms approved by the Township Solicitor. Any such property owners association shall assume responsibility for all land in perpetuity within the development not sold as lots or dedicated and accepted by the Township. The articles of association or incorporation shall include as a minimum, provisions legally binding the members of association, owners or occupants of the development to the payment of appropriate amounts to assure the continued maintenance and improvements of all common property and any cost of refuse collection in excess of standard collection costs and shall provide for adequate recourse for the Township in the event of nonpayment. Such land shall be used as one or more of the following:
(1) 
Golf course or country club.
(2) 
Private swimming pool or swimming club.
(3) 
Game and play area.
(4) 
Tennis courts.
(5) 
Children's nursery or day care center.
(6) 
Any other use deemed appropriate by the Township for the orderly development of the area.
C. 
Whether Subsections A or B above apply wholly or sectionally to land not included within lots to be conveyed, all such land shall be improved to meet Township standards and in accordance with the approved site plan.

§ 185-19 Floodplain regulations.

[Amended 3-18-1986 by Ord. No. 235; 1-21-1992 by Ord. No. 294; 5-14-1999 by Ord. No. 339-1]
A. 
Findings of fact and legislative intent.
(1) 
Findings of fact.
(a) 
Losses resulting from periodic flooding. The floodplain areas of the Township are subject to periodic inundation which results in loss of property, loss of life, damage to structures, injury to people, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) 
General cause of these flood losses. These flood losses are caused by:
[1] 
The cumulative effect of obstructions in floodplain areas causing increase in flood heights and velocities.
[2] 
The occupancy of floodplain areas by uses vulnerable to floods.
(2) 
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize those losses described above by provisions designed to:
(a) 
Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities.
(b) 
Protect the quality and quantity of surface and subsurface water supplies adjacent to and underlying floodplain areas.
(c) 
Provide areas for the disposition of floodborne sediment.
(d) 
Require uses vulnerable to floods, including public facilities, be constructed so as to be protected against flood damage.
B. 
Definitions and general provisions.
(1) 
When used in this section, the following words and phrases shall have the meanings given in the following clauses:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding. The structure is designed and constructed to prevent the passage of water and water vapor.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; meets and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding; except for the passage of some water vapor or minor seepage, the structure is substantially impermeable to the passage of water.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this section, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
HISTORIC STRUCTURE
Any structure that is:
(a) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(d) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
[1] 
By an approved state program as determined by the Secretary of the Interior; or
[2] 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this section as being inundated by the one-hundred-year flood.
LAND DEVELOPMENT
Any of the following activities:
(a) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
[1] 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
[2] 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(b) 
A subdivision of land.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of pans of a structure affecting the exit way requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after May 18, 1999, and includes any subsequent improvements thereto.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any legal entity whatsoever, which is recognized by law as the subject of rights and duties.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development if located in all, or a designated portion of a floodplain.
STRUCTURE
Anything constructed or erected on the ground or attached to the ground including, but not limited to buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
SUBDIVISION
The division or row division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs, or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) 
Any alteration to a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
(2) 
Compliance. No structure shall hereafter be erected, located, converted or structurally altered and no land or water shall be used, without full compliance with the terms of this section and other applicable regulations.
(3) 
Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(4) 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings constricted by debris. In such instances, areas outside the floodplain area or land uses permitted within the area may be subject to flooding or flood damages. This section shall not create liability on the part of Upper Southampton Township or any office or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
C. 
Zoning.
(1) 
Establishment. The various floodplain districts shall include areas within any zoning district subject to inundation by waters of the one-hundred-year flood.
(2) 
Description of floodplain areas. All floodplain overlay districts shall be composed of the following specific areas:
(a) 
FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
(b) 
FF (Flood-Fringe Area): the remaining portions of the one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one-hundred-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
(c) 
FE (Special Floodplain Area): the areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.
(d) 
FA (General Floodplain Area): the areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question. In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect accepted technical concepts. Studies, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(e) 
Overlay concept. The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(f) 
Zoning Map. The boundaries of the floodplain districts are established as part of the Official Zoning Map of the Township of Upper Southampton, which is declared to be part of this section and which shall be kept on file at the Upper Southampton Township offices.
(g) 
District boundary changes. The delineation of any of the floodplain districts may be revised by the governing body where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, Delaware River Basin Commission or other qualified agency or individual documents the notification for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(h) 
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 Board of Supervisors 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 to submit his own technical evidence if he so desires.
(3) 
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
(4) 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Upper Southampton Planning Commission. Any party aggrieved by this decision may appeal to the Upper Southampton Board of Supervisors. The burden of proof shall be on the appellant.
D. 
Use and design regulations within the floodplain area. Within the floodplain area, no fill or excavation of any kind or nature is permitted except in strict compliance with this section. All uses not allowed as permitted uses or permissible as special exceptions set forth below shall be prohibited. All construction in the floodplain area shall be in strict compliance with the provisions set forth herein.
[Amended 6-16-2009 by Ord. No. 393]
(1) 
Permitted uses. Within the FF (Flood-Fringe Area), the following open space uses shall be permitted to the extent that they are not prohibited by any other section and provided that they do not require structure, fill or storage of materials or equipment.
(a) 
Agricultural uses such as: general farming, pasture, orchard, gaming, outdoor plant nurseries, truck farming, forestry and wild crop harvesting.
(b) 
Recreation uses such as: park, camp, picnic grounds, golf course, golf driving range, archery and shooting ranges, hiking and riding trails, hunting and fishing areas, game, fish, fish hatchery, wildlife sanctuary, nature preserve, swimming areas and boat launching sites.
(c) 
Open space required for the development of any lot or tract in any district as required in other provisions of this chapter.
(d) 
Permeable parking areas and roads to serve other permitted uses in the floodplain area or where permitted by the regulations for any contiguous area.
(2) 
Special exceptions. Notwithstanding anything to the contrary set forth in § 185-16 of this chapter, the following uses are permitted within the FF (Flood-Fringe Area) only upon granting of a special exception by the Board of Supervisors as provided in § 185-79. Upon the condition that: no use permitted as a special exception shall take place within the floodway portion of the floodplain area if any increase in the one-hundred-year flood elevation would result; and all building and construction shall be in compliance with the elevation and floodproofing requirements and design and construction standards established at Subsection D(3) and (4).
(a) 
Circuses, festivals and similar transient amusement enterprises.
(b) 
Marinas, boat rentals, docks and piers.
(c) 
Railroads, roads, bridges and utility transmission lines.
(d) 
Sealed water supply wells and water pipelines.
(e) 
Storm and sanitary sewer outlets, which shall take the shortest route across the floodplain area to the point of discharge.
(f) 
Storage yards for equipment, machinery or materials, except that no materials prohibited by Subsection D(4)(b).
(g) 
Kennels and stables.
(h) 
Dams and impoundment basins where approved by appropriate public agencies.
(3) 
Nonresidential structures
(a) 
Elevation and floodproofing requirements.
[1] 
Nonresidential structures. Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
[2] 
Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(b) 
Space below the lowest floor.
[1] 
Fully enclosed space below the lowest floor (including basement) is prohibited.
[2] 
Partially enclosed space below the lowest floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other that a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[b] 
The bottom of all openings shall be no higher than one foot above grade.
[c] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(4) 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a) 
Fill. If fill is used, it shall:
[1] 
Extend laterally at least 15 feet beyond the building line from all points.
[2] 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted.
[3] 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.
[4] 
Be no steeper than one vertical to two horizontal feet unless substantiated data, justifying steeper slopes, is submitted to and approved by the Zoning Officer; and
[5] 
Be used to the extent to which it does not adversely affect adjacent properties.
(b) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(c) 
Water and sanitary sewer facilities and systems.
[1] 
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2] 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage onto floodwaters.
[3] 
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
(d) 
Other utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f) 
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection D(5), development which may endanger human life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(g) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(h) 
Anchoring.
[1] 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[2] 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(i) 
Floors, walls and ceilings.
[1] 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
[2] 
Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
[3] 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" and will withstand inundation.
[4] 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.
(j) 
Paints and adhesives.
[1] 
Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.
[2] 
Adhesives used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.
[3] 
All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.
(k) 
Electrical components.
[1] 
Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.
[2] 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(l) 
Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(m) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(5) 
Hazardous materials. 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, notwithstanding the provisions of § 185-16 of this chapter. In accordance with the Pennsylvania Floodplain Management Act,[1] and the regulations adopted by the Department of Community and Economic Development as required by the Act, the following list includes, but is not limited to, materials prohibited from production, storage or maintenance of a supply within any building in any floodplain area in Upper Southampton Township:
(a) 
Acetone.
(b) 
Ammonia.
(c) 
Benzene.
(d) 
Calcium carbide.
(e) 
Carbon disulfide.
(f) 
Celluloid.
(g) 
Chlorine.
(h) 
Hydrochloric acid.
(i) 
Hydrocyanic acid.
(j) 
Magnesium.
(k) 
Nitric acid and oxides of nitrogen.
(l) 
Petroleum products: gasoline, fuel oil, etc.
(m) 
Phosphorus.
(n) 
Potassium.
(o) 
Sodium.
(p) 
Sulfur and sulfur products.
(q) 
Pesticides (including insecticides, fungicides and rodenticides).
(r) 
Radioactive substances, insofar as such substances are not otherwise regulated.
[1]:
Editor's Note: See 32 P.S. § 679.101 et seq.
(6) 
Watercourse alteration. 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. No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent communities which may be affected by such action have been notified and until all required permits or approvals have been first obtained from the Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Insurance Administrator and the Pennsylvania Department of Community and Economic Development shall be notified by the Township prior to any alteration or relocation of any watercourse.
(7) 
Existing structures. In addition to the requirements of Article VIII of this chapter, the following provisions shall be applicable to all substantial improvements to all existing structures in the floodplain area, notwithstanding the provisions of § 185-16 of this chapter.
(a) 
The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection D(7)(b) shall apply.
(b) 
The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
[1] 
No expansion or enlargement of an existing building or structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
[2] 
No expansion or enlargement of an existing building or structure shall be allowed within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
[3] 
Any modification, alteration, reconstruction, or improvement, of any kind to an existing building or structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
[4] 
Any modification, alteration, reconstruction, or improvement of any kind to an existing building or structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
(c) 
A certification by a registered professional engineer or architect shall be required to assure that the provisions of Subsections D(7)(a) and (b) above have been satisfied.
(8) 
Special obstructions in the FW (Floodway Area), FF (Flood-Fringe Area), FE (Special Floodplain Area) and FA (General Floodplain Area) Zones. The following uses and activities shall be prohibited within an identified floodplain area of the Township notwithstanding the provisions of § 185-16 of this chapter:
(a) 
The commencement of any of the following activities or the construction, enlargement or expansion of any structures used, or intended to be used, for any of the following activities:
[1] 
Hospitals.
[2] 
Nursing homes.
[3] 
Jails or prisons.
(b) 
The commencement or any construction of a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing mobile home subdivision.
(9) 
Special obstructions in the FW (Floodway Area), FE (Special Floodplain Area) and FA (General Floodplain Area) Zones. The construction of any new building or new structure within the FW, FE, FA Zones shall be strictly prohibited, notwithstanding any provisions to the contrary set forth in § 185-16 of this chapter.
E. 
Administration.
(1) 
Zoning permit required. A zoning permit shall be required before any use is undertaken within any area of the Township.
(a) 
The Zoning Officer shall issue a zoning permit only after it has been determined that the proposed use to be undertaken will be in conformance with the requirements of this section and all other applicable codes and ordinances.
[1] 
Prior to the issuance of any zoning permit, the Zoning Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended);[2] the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended);[3] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[4] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344. No zoning permit shall be issued until this determination has been made.
[2]:
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]:
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]:
Editor's Note: See 35 P.S. § 691.1 et seq.
[2] 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community and Economic Development shall be notified by the Township prior to any alteration or relocation of any watercourse.
(2) 
Application procedures and requirements.
(a) 
Application for such a building permit shall be made, in writing, to the Zoning Officer on forms supplied by the Township. Such application shall contain the following:
[1] 
Name and address of applicant.
[2] 
Name and address of owner of land on which proposed construction is to occur.
[3] 
Site location.
[4] 
Listing of other permits required.
[5] 
Brief description of proposed work and estimated cost.
[6] 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(b) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
[1] 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
[2] 
All utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
[3] 
Adequate drainage is provided so as to reduce exposure to floodplains.
(c) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning Officer to make the above determination:
[1] 
A completed building permit application form.
[2] 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[a] 
North arrow, scale, and date;
[b] 
Topographic contour lines, if available;
[c] 
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet;
[d] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development;
[e] 
The location of all existing streets, drives, and other access ways; and
[f] 
The location of any existing bodies of water or watercourses, identified floodplain acres, and, if available, information pertaining to the floodway, and the flow of water including direction and velocities.
[3] 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[a] 
The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929;
[b] 
The elevation of the one-hundred-year flood;
[c] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one-hundred-year flood; and
[d] 
Detailed information concerning any proposed floodproofing measures.
[4] 
The following data and documentation:
[a] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an FE (Special Floodplain Area), when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
[b] 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[c] 
Detailed information needed to determine compliance with Subsection D(4)(f), Storage, and Subsection D(5), development which may endanger human life, including:
[i] 
The amount, location and purpose of any materials or substances referred to in Subsections D(4)(f) and D(5) which are intended to be used, produced, stored or otherwise maintained on site.
[ii] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Subsection D(5) during a one-hundred-year flood.
[5] 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[6] 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
(3) 
Special exception procedures for floodplain area.
[Amended 6-16-2009 by Ord. No. 393]
(a) 
Application. Upon receiving an application for a special exception permit, the Board of Supervisors shall, prior to rendering a decision thereon, require the applicant to furnish the following materials as are deemed necessary by the Board:
[1] 
Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.
[2] 
A series of cross sections at twenty-five-foot intervals along the lot shoreline, showing the stream channel or the lake or pond bottom and elevation of adjoining land areas to be occupied by the proposed uses, and high water information.
[3] 
Profile showing the slope of the bottom of the channel, lake or pond.
[4] 
Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply and sanitary facilities.
[5] 
Computation of the increase, if any, in the height of flood stages which would be attributable to any proposed uses.
(b) 
Consultation by the Board of Supervisors. In considering any application for a special exception, the Board of Supervisors shall consult with the Upper Southampton Township Planning Commission, Bucks County Planning Commission, the Township Engineer and other technical experts to determine the extent to which the proposed use would:
[1] 
Diminish the capacity of the floodplain area to store and absorb floodwaters, to moderate flood velocities and to accommodate sediment.
[2] 
Be subject to flood damage.
[3] 
Cause erosion and impair the amenity of the floodplain area.
(c) 
Factors to be considered by the Board of Supervisors. In passing upon each application the Board shall consider:
[1] 
The danger of life and property due to increased flood heights or velocities caused by encroachments.
[2] 
The danger that materials may be swept onto other lands or downstream to the injury of others.
[3] 
The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination and unsanitary conditions.
[4] 
The susceptibility of the proposed use to flood damage and the effect of such damage on the owner.
[5] 
The importance of the proposed use to the community.
[6] 
The requirements of the use for a waterfront location.
[7] 
The availability of alternative locations not subject to flooding for the proposed use.
[8] 
The compatibility of the proposed use with existing and foreseeable nearby uses.
[9] 
The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for the area.
[10] 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
[11] 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
[12] 
Such other factors which are relevant to the purposes of this section.
(d) 
Conditions. Upon consideration of the factors listed above and the purposes of this chapter, the Board may attach such conditions to the granting of a special exception permit as it deems necessary to further the purposes of this section. Among such conditions, without limitation because of specific enumeration, may be included:
[1] 
Modification of waste disposal and water supply facilities.
[2] 
Limitations on periods of use and operation.
[3] 
Imposition of operational controls, sureties and deed restrictions.
[4] 
Floodproofing measures such as the following, without limitations because of specific enumeration:
[a] 
Anchorage to resist flotation and lateral movement.
[b] 
Installation of watertight doors, bulkheads, and shutters.
[c] 
Reinforcement of walls to resist water pressures.
[d] 
Use of points, membranes, or mortars to reduce seepage of water through walls.
[e] 
Addition of mass or weight to structures to resist flotation.
[f] 
Installation of pumps to lower water levels in structures.
[g] 
Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.
[h] 
Pumping facilities for subsurface external foundation wall and basement floor pressures.
[i] 
Construction to resist rupture or collapse caused by water pressure or floating debris.
[j] 
Cutoff valves on sewer lines or the elimination of gravity flow basement drains.
[k] 
Elevation of structures to reduce likelihood of flood damage.
(4) 
Variances. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant a variance in accordance with the provisions of § 185-84 of this chapter and also in accordance with the following:
(a) 
Requests for variances shall be considered by the Township in accordance with the procedures contained in § 185-84 of this section and the following:
[1] 
No variance shall be granted for any construction, development, use or activity within the floodway area that would cause any increase in the one-hundred-year flood elevation.
[2] 
No variance shall be granted for any construction, development, use, or activity within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.
[3] 
Except for a possible modification of the one-and-one-half-foot freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Article V) or to development which may endanger human life [Subsection D(5)].
[4] 
If granted, a variance shall involve only the least modification necessary to provide relief.
[5] 
In granting any variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
[6] 
Whenever a variance is granted, the Township shall notify the applicant in writing that:
[a] 
The granting of the variance may result in increased premium rates for flood insurance.
[b] 
Such variances may increase the risks to life and property.
[7] 
In reviewing any request for a variance, the Township shall consider, at a minimum, the following:
[a] 
That there is good and sufficient cause.
[b] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[c] 
That the granting of the variance will neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, or conflict with any other applicable state or local ordinances and regulations.
[8] 
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
[9] 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-hundred-year flood.
(b) 
The granting of a variance will not result in additional threats to public safety, cause extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with any other applicable local or state ordinances or regulations.
(c) 
Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:
[1] 
The granting of the variance may result in increased premium rates for flood insurance.
[2] 
Such variance may increase the risks to life and property.
(d) 
A complete record of all variance requests and related actions shall be maintained. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.

§ 185-20 Natural resource restrictions.

[Amended 4-4-1989 by Ord. No. 265; 6-20-1989 by Ord. No. 268; 1-21-1992 by Ord. No. 294]
A. 
General. The following standards of environmental protection shall be met.
B. 
Requirements for all uses.
Natural Resource Maximum Permissible Encroachment Coverage
Streams, rivers, watercourses lakes, ponds, flood hazard area floodplain soils 0%
Very steep slopes with gradients exceeding 25% 15%
Steep slopes with gradients of:
15% to 25% 30%
8% to 15% 40%
Wetlands 0%
Exception: Areas of steep and very steep slopes that are less than 1,000 square feet shall be exempted from these standards. The calculation of permissible encroachment shall be based on the combined area of all remaining steep slopes of a slope gradient category and not as a percentage of the individual areas.
B.1. Permitted disturbances of woodlands.
[Added 8-19-2003 by Ord. No. 358]
(1) Woodlands: In all zoning districts, the following standards shall apply to woodlands:
(a) Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include but not be limited to floodplains, floodplain soils, steep slopes, wetlands, wetland margins, riparian areas, lake or pond shorelines and endangered specie habitats.
(b) Other woodlands areas. No more than 50% of woodlands which are not located in environmentally sensitive areas (as defined in Subsection B.1(1)(a) above) shall be altered, regraded, cleared or built upon.
C. 
Regulations for grading of steep slopes.
(1) 
On all land having a slope of 8% or more but less than 15%, no person shall disturb vegetative ground cover, or cause disturbance of vegetative ground cover, on more than 40% of said land.
(2) 
On all land having a slope of 15% or more but less than 25% no person shall disturb vegetative ground cover, or cause disturbance of vegetation, on more than 30% of said land.
(3) 
On all land having a slope of 25% or more no person shall disturb vegetative ground cover or cause disturbance of vegetative ground cover on more than 15% of said land.
(4) 
The steep slope map appended to this chapter defining the steep slope districts of the Township is hereby adopted and made part of this chapter.[1]
[1]:
Editor's Note: The steep slope map is on file in the Township offices.
(5) 
The above regulations do not apply to disturbance of soil for agricultural or food production purposes.
(6) 
Whenever earth-moving activities or the removal or disturbance of ground cover occurs within the steep slope areas an erosion control plan meeting the requirements of the Pennsylvania Department of Environmental Resources must be submitted to and reviewed by the Municipal Engineer or the Bucks County Soil Conservation District for compliance with the regulations, prior to the granting of any building permit.
D. 
Definitions of natural resources.
(1) 
Streams, rivers, watercourses. All rivers, streams, canals and watercourses that are recognized and regulated by the Pennsylvania Department of Environmental Protection.
[Amended 10-2-2007 by Ord. No. 388]
(2) 
Lakes and ponds. Natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams, or result from excavation. The shoreline of such water bodies shall be measured from the spillway crest elevation rather than the permanent pool, if there is any difference. Lakes are bodies of water two or more acres in extent. Ponds are water bodies less than two acres in extent.
(3) 
Flood hazard area: See § 185-19B(1).
(4) 
Floodplain soils. Areas subject to the periodic flooding and listed in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, July 1975, as being "on the floodplain" or "subject to flooding." The following soil types are floodplain soils:
Alluvial land Hatboro silt loam
Alton gravelly loam flooded Marsh
Pope loam
Bowmansville silt loam Rowland silt loam
(5) 
Steep slopes and very steep slopes. Areas where the slope exceeds 8% which, because of this slope, are subject to high rates of stormwater runoff and therefore erosion. The area in the natural resource restrictions defined as slopes in excess of 25% shall include 50 feet level plane projection from the top of the 25% slope.
(6) 
Wetlands regulations.
(a) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ENCROACHMENT
Any intrusion, alteration, regrading, filling, diversion, or construction that would change or disturb existing natural features.
WETLANDS
Areas of undrained, saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of the surface or construction that would change ground water.
(b) 
Wetland delineation.
[1] 
Areas with a slope of 1% or less and comprised of hydric soils shall be considered wetlands for the purposes of delineating wetlands boundaries. The following soils, classified in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, July 1975, are hydric soils:
Bowmansville silt loam
Doylestown silt loam
Fallsington silt loam
Hatboro silt loam
Towhee silt loam
Towhee extremely stony silt loam
[2] 
Where it is deemed necessary by the Board of Supervisors, an on-site assessment shall be conducted by a certified professional soil scientist, who shall certify the location of the wetland boundaries. The methods used to determine these boundaries must correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. The study shall be submitted with sufficient detail to allow a thorough review by the Township Engineer.
[3] 
Additionally, the Township shall require that a wetlands delineation be validated by the Pennsylvania Department of Environmental Resources and U.S. Army Corps of Engineers. Where such a delineation is shown to vary from the wetlands boundary derived from the on-site assessment, the Corps delineation shall govern.
(c) 
Encroachments. Wetland areas shall not be altered, regraded, filled, piped, diverted, built upon or disturbed in any manner except that public roadways intended for dedication to the Township may be permitted where design approval is obtained from the Township, the Pennsylvania Department of Environmental Protection, and the U.S. Army Corps of Engineers and where no other reasonable access is available.
(d) 
Wetlands margin.
[1] 
A wetlands margin is a transitional area extending from the outer limit of the delineated wetland boundary. For the purposes of this chapter, a wetlands margin of 100 feet from the delineated wetland boundary or to the limit of hydric soils, whichever is less, is required for all wetland areas greater than 1/4 acres located on lots of five acres. No more than 20% of the wetland margin shall be altered, regraded, filled, piped, diverted or built upon.
[2] 
Wetland buffers shall be deemed to have been established as of the effective date of this chapter and shall remain in perpetuity. Future subdivisions shall not diminish or eliminate the wetland boundaries once established.
(7) 
Encroachment. The amount of impervious surface that is extended or constructed in or on to those areas governed by Subsection B.
(8) 
Tree protection zone. No land within the tree protection zone shall be altered, regraded, compacted or built upon or used for storage or parking of vehicles.
(9) 
Woodlands.
[Added 8-19-2003 by Ord. No. 358]
(a) 
Areas, groves or stands of mature or largely mature tree (i.e., greater than six inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acre and consisting of more than 15 such trees per 1/4 acre; or
(b) 
Areas, groves or stands of mature trees (greater than 12 inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acre and consisting of more than 10 individual trees per 1/4 acre.
(10) 
Wooded lot. A wooded lot is any area with more than 10 trees greater than six inches in caliper measured at a point four feet above grade on any one-quarter acre of a subdivided lot whether residential or nonresidential.
[Added 8-19-2003 by Ord. No. 358]
E. 
Trees on wooded lots.
[Added 8-19-2003 by Ord. No. 358]
(1) 
No land within the tree protection zone shall be altered, regraded, compacted or built upon or used for storage or parking of vehicles.
(2) 
The site layout plan shall indicate all existing trees which are to be saved, the tree protection zone boundary and the method by which protection will occur. In addition, tree protection techniques, in accordance with the Upper Southampton Township Subdivision and Land Development Ordinance,[2] shall be indicated on the plan and its provisions shall be adhered to during construction.
[2]:
Editor's Note: See Ch. 160, Subdivision and Land Development.
(3) 
No live tree of girth greater than 10 inches measured at a point four feet above grade shall be removed in connection with a land development or building permit unless a zoning permit for a specific number of trees in a specific location is first obtained from the Municipal Zoning Officer upon recommendation by the local Planning Commission. Permits will be granted only where tree removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case will removal of trees exceed the standards for woodland protection in this subsection. The permit provisions of this section shall not apply to a landowner who wishes to remove an individual tree not in conjunction with a land development or building permit.